Advanced Search Results

Cloth Traders (P) Ltd. Vs. Additional C.i.T., Gujarat-i Overruled

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 12, 57, 80A to 80D, 80M, 85A, 99, 99(1) and 257; Indian Income tax Act, 1922 - Sections 8, 16, 56A and 60A; Finance Act, 1953; Finance (Amendment) Act, 1965 - Sections 99; Finance (Amendment) Act, 1966 - Sections 85A; Finance (Amendment) Act, 1967; Finance (Amendment) Act, 1968 - Sections 31, 31(2) and 31(3)

Reported in : AIR1979SC1691; (1979)10CTR(SC)393; [1979]118ITR243(SC); (1979)3SCC538; [1979]3SCR984

on the question of interpretation posed before us. One amendment is, however, material and that was made by Finance Act 1968 by which the words 'received by it' occurring in Sub-section (1) of Section 80M were omitted with effect … applies. Such interest shall, however, be included in the total income of the assessee for the purposes of Section 16 of the Indian Income-tax Act, 1922.11. The argument of the Revenue was that the exemption from income tax

K.T. Kuruvila Vs. Collector of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Subject : MRTP

Reported in : (1990)(46)ELT304Tri(Chennai)

unlawful acts. The learned counsel further urged that in terms of a Circular issued by the Ministry of Finance, F.No.128/19/86-GC dated 6-3-1987, which the learned counsel referred to as the Amnesty Scheme, the Central Government decided that … Excise, Cochin, has confiscated 2261.750 gms. of gold and gold ornaments under Section 71 of the Gold (Control) Act, 1968, the 'Act' for short, and permitted redemption of the same by appellant Kuruvila on payment of a fine … the quantity of gold or ornaments had not been declared under Section 16(7) of the Gold (Control) Act. The learned counsel, therefore, urged that penal

State of Kerala and ors. Vs. Maharashtra Distilleries Ltd. and ors.

Court : Supreme Court of India

Subject : Excise

Acts : Kerala Abkari Act - Sections 6, 7, 11, 12, 14, 17, 18, 18A, 21 and 29; Kerala Abkari Rules; Kerala Sales Tax Act; Kerala General Sales Tax Act, 1963 - Sections 2, 5, 5(1), 5(2C) and 35; Kerala Finance Act, 2001 - Sections 3A; Kerala Distillery and Warehouse Rules, 1968 - Rules 16(1), 47, 50 and 52; Foreign Liquor Storage in Bond Rules, 1961 - Rules 3, 3(1), 11 and 11(1); Foreign Liquor Rules, 1953 - Rules 3, 13(9) and 14; Cochin Abkari Act - Sections 10, 14, 24, 29 and 29(2); Kerala Abkari Shops (Disposal in Auction) Rules, 1974 - Rule 3(1A); Central Sales Tax Act, 1956; Finance Act, 2001; Constitution of India - Articles 301, 304, 304(1) and 311; Sea Customs Act, 1878 - Sections 20; Central Excise Act, 1944 - Sections 3

Reported in : AIR2005SC2594; JT2005(5)SC427; (2005)11SCC1; [2005]141STC358(SC)

on the distillers or the manufacturers. Relying upon Sub-rule (1) of Rule 16 of the Kerala Distillery and. Warehouse Rules, 1968 it was submitted that … on 1.4.2001 the State of Kerala amended Section 5(2C) of the Kerala General Sales Tax Act; by the Finance Act of 2001, by adding an explanation which was brought into effect retrospectively from July 1, 1987 which reads … the High Court dated 27th November, 1999 in OP Nos. 23008-23903/98, 818, 2255, 2264, 12893, 3283; 7437 and 19686/99 whereby the High Court allowed the writ petitions filed by the respondents/distillers holding inter alia that under the

Commissioner of Income-tax Vs. Commercial Laws of India Pvt. Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Finance Act, 1968 - Sections 2(6)

Reported in : [1977]107ITR822(Mad)

total income at the rate of 55 per cent, under Paragraph F of the First Schedule to the Finance Act, 1968 ?' The assessee is the printer and publisher of a fortnightly journal known as Sales Tax Cases. The … the press known as 'S.T.C, Press' till it was sold on July 16, 1966, to a proprietary concern known as 'Techniprint'. The assessee got the … Sethuraman, J. 1. Under section 256(1) of the Income-tax Act, 1961, at the instance of the Commissioner of Income-tax, Madras-II, Madras, the Income-tax

Commissioner of Income-tax Vs. Radha Nagar Cold Storage (P.) Ltd.

Court : Kolkata

Subject : Direct Taxation

Acts : Finance Act, 1968 - Section 2(6); ;Finance Act, 1969 - Section 2(6)

Reported in : (1980)18CTR(Cal)166,[1980]126ITR66(Cal)

question further it may be necessary to refer to the definition of the relevant Finance Act, namely, the Finance Act, 1968. Section 2(6), Clause (d), defined 'industrial company' as follows :' 'Industrial company' means a company which is mainly engaged … Court in the aforesaid decision.13. In the case of Om Prakash Gupta v. Commr. of Commercial Taxes [1965] 16 STC 935, Mr. Justice B. N. Banerjee of this court held that the activitycontemplated by the word 'process'

Balkrishna Binani Vs. Commissioner of Income Tax

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(45), 3 and 4; Wealth Tax Act, 1957 - Sections 2

Reported in : (1979)9CTR(Bom)62; [1980]121ITR442(Bom)

understood ... in the sense as propounded by the Allahabad High Court, they would clearly indicate that the Finance Act, 1968, was prescribing a distinct rate of tax on an item of total income which was already subjected to … no such liability for payment of tax on the concerned valuation dates as the liability under the charging section of the Income-tax Acts could only be attracted if the income disclosed could be said to have formed … for the year 1962-63 by the order of the Income-tax Officer dated 16th October 1962. For the assessment year 1963-64 for which the previous year

P.N. Tiwari and ors. Vs. Union of India (Uoi) and ors.

Court : Allahabad

Subject : Direct Taxation

Acts : Constitution of India - Article 14; Finance Act, 2001; Income Tax Act, 1961 - Sections 17(2), 295 and 296; Income Tax Rule, 1962 - Rule 3

Reported in : (2003)185CTR(All)1; [2004]265ITR224(All)

petitioner is also challenging the validity of Section 17(2)(vi) of the IT Act, 1961, as inserted by the Finance Act, 2001 on the ground that it has delegated essential legislative powers and that it is violative of Articles … refer to Section 17(2)(vi) of the IT Act which states that for the purposes of Sections 15 and 16 and of that section perquisite includes 'value of any other fringe benefit or amenity as may be prescribed'.

Reliance Jute and Industries Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 12, 63, 69, 159(3), 214, 214(1A), 229 and 246

Reported in : [1981]127ITR842(Cal)

to Sub-section (1A) of Section 214 of the I.T. Act which was inserted by Section 16 of the Finance Act, 1968, and came into effect from April 1, 1968. Though the assessment year involved is 1967-68, there is no

The North Arcot District Pawn Brokers' Association represented by Its ...

Court : Chennai

Subject : Civil

Reported in : (1975)1MLJ290

in those two writ petitions had to file declarations with effect from 29th June, 1968 as required under Section 16 of the Gold Control Act, 1968 and those persons might file the declarations of their then holdings as … the Union of India represented by the Secretary to Government, Ministry of Finance, New Delhi and the Collector of Central Excise, Madras-34 from proceeding with … petitions were filed obviously on the basis that to the pawn-brokers the provisions contained in the Gold Control Act, 1968 did not apply. When the two writ petitions came up for heating before Palaniswamy, J., the learned Judge

imperial Chemical Industries Ltd. Vs. Income-tax Officer, 'B' Ward and ...

Court : Kolkata

Subject : Direct Taxation

Acts : Constitution of India - Article 226; ;Income Tax Act, 1961 - Sections 52 and 147; ;Gift Tax Act

Reported in : [1978]111ITR614(Cal)

1959 the structure of Indian taxation regarding the grossing up of dividends was radically changed and by the Finance Act, 1959, the system of grossing up of dividends (under Sections 16(2) and 18(5) of the 1922 Act) was … May, 1970, the respondent No. 1, informed the appellant that the proceedings under Section 148 of the Income-tax Act, 1968, for the assessment year 1962-63, consequent to the said 1st notice dated the 23rd of September, 1968, were