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Oct 06 1972

Commissioner of Income-tax Vs. Casino (Pvt.) Ltd.

Court : Kerala

Decided on : Oct-06-1972

Subject : Direct Taxation

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

Reported in : [1973]91ITR289(Ker)

from raw materials, constitutes ' manufacture or processing of goods ' within the meaning of section2(6)(d) of the Finance Act, 1968, and that the assessee is an ' Industrial company ' within the meaning of the definition contained in … that the assessee is an ' Industrial company ' within the meaning of the definition contained in that section '2. The assessee is a private limited company running a hotel business. In connection with the assessment of the

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Aug 10 2001

Commissioner of Income-tax Vs. Vijaya Retreaders

Court : Kerala

Decided on : Aug-10-2001

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 10A, 80-I and 256(1); Finance Act, 1968 - Sections 2(6); Central Excise Act; Finance (Amendment) Act, 1973 - Sections 2(7)

Reported in : [2002]253ITR53(Ker)

whether the assessee was entitled to a concessional rate of tax provided to an industrial company by the Finance Act, 1968. 'Industrial company' means a company which is mainly engaged in the business of generation or distribution of electricity … in the same way as newly manufactured tyres. Therefore, the assessee was an industrial company as defined in Section 2(6)(d) entitled to the concessional rate of tax as applicable to an industrial company.'6. The Division Bench further held

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Jan 14 1993

Atul Drug House Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Decided on : Jan-14-1993

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(45), 3, 5, 80A, C, J and U, 81 and 104; Finance Act, 1968 - Sch. I, Part I and Para. F

Reported in : [1995]216ITR584(Bom)

so declared amounted to Rs. 3,90,000. Such excess dividend entailed an additional income-tax under the provisions of the Finance Act, 1968. The Income-tax Officer, however, failed to take note of this fact at the time of the assessment proceedings. … take note of this fact at the time of the assessment proceedings. He thereupon initiated rectification proceedings under section 154 of the Income-tax Act, 1961. The assessee resisted the proceedings. The assessee contended that the declaration of … additional income-tax at the rate of 7.5 per cent. amounting to Rs. 29,250. This levy has been upheld by the Tribunal. Hence, at the instance

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Dec 08 1976

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

Court : Chennai

Decided on : Dec-08-1976

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 … 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 … Sethuraman, J. 1. Under section 256(1) of the Income-tax Act, 1961, at the instance of the Commissioner of

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Mar 05 1982

income-tax Appellate Tribunal Vs. B. Hill and Co. (P.) Ltd.

Court : Allahabad

Decided on : Mar-05-1982

Subject : Direct Taxation

Acts : Finance Act, 1965 - Sections 2(5); Finance Act, 1966 - Sections 2(5); Finance Act, 1967 - Sections 2(4); Finance Act, 1964; Finance Act, 1968; Finance Act, 1969; Income Tax Act, 1961 - Sections 2(18), 31, 37, 108 and 256

Reported in : (1982)29CTR(All)301; [1983]142ITR185(All)

(A)( 1 )(ii) of the proviso to Paragraph F of Part I of the First Schedule to the Finance Act, 1968 (2) Whether the Income-tax Appellate Tribunal was light in holding that the assessee is not a company as … the tax concessions granted by the Finance Acts of 1965, 1966 and 1967. The relevant provisions are : Section 2(5)(a)(i) of the Finance Act of 1965 and 1966 : '5. (a) In respect of any assessment for

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Feb 02 1981

Additional Commissioner of Income-tax, Delhi-i Vs. Kalsi Tyre (P.) Ltd ...

Court : Delhi

Decided on : Feb-02-1981

Subject : Direct Taxation

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

Reported in : [1981]131ITR636(Delhi)

the assessed in the present case is engaged in the processing of goods within the meaning of the Finance Act, 1968. In this connection, we may point out that on the facts before them the AAc and the Tribunal … is entitled to the concessional rate of tax provided to an industrial company by the Finance Act of 1968. Section 2(6)(d) of the above Act defines as industrial company as follows : ''Industrial company' means a company which

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Mar 24 1981

Commissioner of Income-tax, Gujarat Vs. Ahmedabad Kaiser-i-hind Mills ...

Court : Gujarat

Decided on : Mar-24-1981

Subject : Direct Taxation

Acts : Finance Act, 1968 - Sections 2; Income Tax Act, 1961 - Sections 4, 4(1), 28, 37, 40 and 104; Finance Act, 1966 - Sections 2

Reported in : [1983]141ITR472(Guj)

of levy of additional tax in respect of excess dividends did not arise under the provisions of the Finance Act, 1968, for the assessment year 1968-69 ?' 2. It is not in dispute that the assessee is a company … total income of the previous year or previous years, as the case may be, of every person :...... Section 2(1) of the Finance Act, 1968 : 2. Income-tax. -(1) Subject to the provisions of subsections (2) and (3),

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Jun 04 1980

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

Court : Kolkata

Decided on : Jun-04-1980

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

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Sep 03 1987

Commissioner of Income-tax, Bombay Vs. Tiecicon P. Ltd.

Court : Supreme Court of India

Decided on : Sep-03-1987

Subject : Direct Taxation

Acts : Finance Acts, 1969 and 1970 - Sections 2(6)(d), 2(6)(c)

Reported in : [1987]168ITR744a(SC); 1988Supp(1)SCC481; 1988(Supp)SCC487

within the meaning of definitions in relevant Finance Acts, held, question of fact and hence not referable - Finance Act, 1968, Section 2(6)(d) Finance Acts, 1969 and 1970, Section 2(6)(c) -- A reference application made by the Commissioner of Income

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Jan 30 1978

India Leather Corporation (P.) Ltd. (No. 2) Vs. Commissioner of Income ...

Court : Chennai

Decided on : Jan-30-1978

Subject : Direct Taxation

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

Reported in : [1989]179ITR179(Mad)

amount can be said to be income of an 'industrial company' as defined in Section 2(6)(d) of the Finance Act, 1968. Section 2 (6)(d) of the said Act is in these terms :''Industrial company' means a company which is mainly engaged

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