Advanced Search Results

Commissioner of Income-tax Vs. Chemical and Metallurgical Design Co. L ...

Court : Delhi

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 80AA, 80AB, 80HH, 80M, 80N, 80-O, 80T, 85 and 256(1); Finance Act, 1974 - Sections 17; Finance Act, 1968; Finance Act, 1971

Reported in : 2000(57)DRJ246; [2001]247ITR749(Delhi)

been substituted for 'deduction from such income of an amount equal to 60 per cent, thereof' by the Finance Act, 1968, with effect from April 1, 1969.9. Section 17 of the Finance Act, 1974, on which considerable emphasis was

Bhawanidas Binani Vs. Commissioner of Wealth-tax

Court : Mumbai

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 2; Finance Act, 1965 - Sections 68; Income Tax Act, 1961

Reported in : [1980]124ITR783(Bom)

are 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 … 1. In this reference the question referred to us for our opinion by the Income-tax Appellate Tribunal under Section 27(1) of the W.T. Act, 1957, is as follows :' Whether, on the facts and in the circumstances … 16,16,193. He made a subsequent disclosure on 19th May, 1965 (though dated 17th May, 1965), of a further income of Rs. 1,75,000. Thus, the total

Commissioner of Income-tax Vs. New India Industries Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 6, 9, 10, 12, 14, 17, 17(1), 17(3), 22, 28, 30, 31, 32, 32(1), 33, 34, 35, 36, 36(1), 37, 37(1), 38, 38(2), 39, 40, 41(1) and 80J

Reported in : (1992)106CTR(Guj)374; [1993]201ITR208(Guj)

2 of Part A of the Fourth Schedule.' The aforesaid sub-clause (iii) came to be omitted by the Finance Act, 1968, with effect from April 1, 1969, and, therefore, for the relevant assessment years, i.e., 1968-69 to 1971-72 newly … in sub-clause (i) or any payment of tax referred to in sub-clause (vii) of clause (6) of that section 17 or in clause (v) of sub-section of that section or the amount of any compensation referred to in

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 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 … 12 relating to toddy and toddy producing trees shall not apply.'15. We may notice at this stage that Section 17 has been amended with effect from April 1, 2003, to the effect that the words 'if the Government … 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

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

P.N. Tiwari Vs. Union of India

Court : Allahabad

Subject : Direct Taxation

Reported in : [2003]133TAXMAN482(All)

is also challenging the validity of section 17(2)(vi) of the Income Tax 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

Moka Narasimhulu Vs. Wealth-tax Officer, A-ward and anr.

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 5(1) and 25; Constitution of India - Article 226

Reported in : [1979]119ITR105(AP)

even word ' manufacture '. Referring to the four categories to whom certain benefits were given under the Finance Act, 1968, it was pointed out that the reference is only to the manufacturing concerns as against trading concerns. The … In Commr. of S.T. v. Harbilas Rai & Sons [1968] 21 STC 17 (SC) once again relating to a sales tax matter, the Supreme Court … Sambasiva Rao, C.J.1. What is an 'industrial undertaking ' within the meaning oi Section 5(1)(xxxi) of the W T. Act and whether a groundnut oil mill, which extracts oil by crushing groundnut

Prem Cables Pvt. Ltd. Vs. Assistant Collector (Principal Appraiser) Cu ...

Court : Rajasthan

Subject : ExciseCustoms

Acts : Indian Tariff Act, 1936 - Sections 2, 2A, 2A(1) and 2A(2); Customs Act, 1962 - Sections 2, 12(1), 25, 25(1), 27, 27(1), 128 and 131; Finance Act, 1965 - Sections 26(1), 76(1) and 77; Constitution of India (Fifteenth Amendment) Act, 1963 - Sections 8; Sea Customs Act - Sections 23; Finance Act, 1964 - Sections 57(1); Central Excise Act, 1944; Finance Act, 1960; Indian Tariff Act, 1934; Central Excise (Conversion to Metric Units) Act, 1968; Finance Act, 1969; Evidence Act - Sections 106; Limitation Act, 1963 - Sections 17(1); Limitation Act, 1908 - Schedule - Articles 24, 62 and 96; Constitution of India - Articles 19, 32, 136, 226 and 226(1A); Contract Act - Sections 72; Orissa Sales Tax Act - Sections 4, 14 and 19; Uttar Pradesh Sales Tax Act; Code of Civil Procedure (CPC) - Sectio

Reported in : 1981(8)ELT440(Raj); 1978(11)WLN481

goods were further chargeable to regulatory duty of 10% then in force levied under Section 77 of the Finance Act, 1965. The duty @ Rs. 360 per M.T. was levied by the Central Government in exercise of the … specified. This item 33 was subsequently modified as item 27 by the Central Excise (Conversion to Metric Units) Act, 1968 but the contents thereof remained the same. Item 27 mentions the following commodities for the purpose of levying … it cannot be said that the suit would have become barred on that date. Mr. Parakh referred to Section 17(l)(c) of the Limitation Act, 1963 which will, for the sake of brevity, hereinafter be referred to as the

Smt. Krishna Gupta Vs. Commissioner of Wealth-tax

Court : Punjab and Haryana

Subject : Direct Taxation

Acts : Finance Act, 1968; Wealth Tax Act, 1957 - Sections 18 and 18(1); Income Tax Act, 1961 - Sections 271

Reported in : [1992]198ITR171(P& H)

Acts in respect of the penalty provisions. Under these provisions, as they stood before their amendment by the Finance Act, 1968, the scale of penalty imposable for concealment or understatement of wealth was a minimum amount of 20 per … thereof as part of her assessable wealth. Assessment was finalised on February 28, 1969. Subsequently, a notice under Section 17 of the Wealth-tax Act (hereinafter called 'the Act') was issued to the assessee and on October 14, 1970,

Commissioner of Income-tax, Tamil Nadu-1 Vs. Jayashankar Traders

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 27, 139(5), 143, 144, 147, 256(2), 271, 271(1) and 271(4A)

Reported in : [1983]144ITR208(Mad)

case, the Explanation to s. 27(1)(c) is attracted. The Explanation to s. 27(1)(c) which was added by the Finance Act 5 0f 1964, with effect from 1st April, 1964, reads as follows : 'Where the total income returned … of such income for the purpose of clause (c) of this sub-section.' 17. The Explanation creates legal fiction. It states that where the total income … the Income-tax Act, 1961, the Appellate Tribunal was right in cancelling the penalty levied for the assessment year 1968-69?' 2. The assessment years covered by the three tax cases are 1965-66, 1966-67 and 1968-69. The assessee, M/s. … the circumstances of the case and having regard to the Explanation under section 271(1)(c) of the Income-tax Act, 1961, the Appellate Tribunal was right in