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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 … the respondents are extra cted below :'Notification No. 30-Cus., dated 10-3-62 :-In exercise of the powers conferred by Section 23 of the Sea Customs Act, 1878 (8 of 1878), as in force in India and as applied to

State of Kerala Vs. George Jacob

Court : Kerala

Subject : Civil

Acts : Kerala Finance Act, 2005; ;Kerala Stamp Act, 1959 - Sections 2, 2(12), 3, 9, 17, 27, 33, 35, 40, 60 and 64 ;Registration Act, 1908 - Sections 23, 25, 31, 32, 35, 47, 49, 61, 74, 88 and 89; ;Transfer of Property Act, 1882 - Sections 53A, 54 and 59; ;Code of Civil Procedure (CPC) - Sections 64 - Order 38, Rule 10; ;Transfer of Property (Amendment) Supplementary Act, 1929 - Sections 10; ;Theft Act, 1968 - Sections 20(2); ;Indian Stamp Act, 1899 - Sections 2(14) and 2(17); ;Government of India Act, 1935 - Sections 175(3)

Reported in : AIR2006Ker111; 2005(4)KLT709

by a common judgment. The short facts required for the disposal of these cases are as follows.2. By Finance Act, 2005 (Act 10 of 2005), with effect from 1-4-2005, the Legislature amended the schedule to the Kerala Stamp … all formalities necessary to give validity to a document. Rv. Beck, (1985) 1 All ER 571 (CA) [Theft Act, 1968, Section 20(2)].'According to the learned Government Pleader, since the words are capable of different meanings depending on the context, … person in the State of Kerala shall be stamped before or at the time of execution, read with Section 23 of the Registration Act, 1908 providing for four months' time for presentation of documents for registration, from the

Gandharb Misra Vs. State of Orissa

Court : Orissa

Subject : Sales Tax

Reported in : [1975]36STC466(Orissa)

placed reliance on the decision of the Supreme Court in the case of Commissioner of Income-tax v. National Finance [1962] 44 I.T.R. 788 (S.C.), and upheld the order of the Assistant Commissioner.3. Section 23(1) provides :Within thirty … 9th March, 1970, assessee received the order of assessment for the period 1968-69. On 16th May, 1970, an appeal was filed before the Assistant Commissioner … 16th May, 1970, an appeal was filed before the Assistant Commissioner of Sales Tax. Under the provisions of Section 23(1) of the Act such an appeal has to be filed within 30 days from the date of receipt

Additional Commissioner of Income-tax Vs. M.B. Rajeswari

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 23(1) and 23(2)

Reported in : [1977]110ITR443(Mad)

income-tax under the head 'Income from house property'.'5. Section 23(1), as it stood prior to amendment by the Finance Act, 1968, which came into force on April 1, 1969, was as follows :'23(1) For the purposes of Section 22,

Andhra Pradesh State Financial Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (1986)18ITD515(Hyd.)

financial corporations and he drew our attention in particular to the latest amendment to Section 36(1)(viii) by the Finance Act, 1985, wherein it has been clarified that the deduction is to be made without making any deduction under … absolutely essential in that context.11. This leaves us to consider the meaning of 'total income' as found in Section 23(2). Section 23(2) deals with computation of income from house property. The stipulation was that the said income from

R.K.K.R. International (P.) Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Land Acquisition

Reported in : (1998)65ITD512(Delhi)

a view to plug such tax evasion only that the provisions were enacted in section 40 of the Finance Act, 1983.5.3 It was argued that since true rent is not reflected in the deed it is open for … to as ALV). In his opinion the monthly rent which the property might fetch within the meaning of section 23 of the Income-tax Act, 1961 (hereinafter called the Act) could not be less than Rs. 7 lakhs per

Modi Industries Limited, Modinagar and ors. Vs. Commissioner of Income ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(40), 4(1), 4(2), 143, 144, 156, 190, 191, 214, 214(1), 214(1A), 215, 219, 237, 239, 240, 243, 244, 244(1), and 244(1A); Income Tax Act, 1922 - Sections 18A

Reported in : (1995)128CTR(SC)361; [1995]216ITR759(SC); JT1995(6)SC549; 1995(5)SCALE362; (1995)6SCC396; [1995]Supp3SCR642

made under Section 141A, the credit shall be given also in such provisional assessment.(The proviso was added by Finance Act, 1968 from April 1, 1968.)42. This section introduces a legal fiction that amount of advance tax paid shall be … The interest was payable 'from the date of payment (to the date of the provisional assessment made under Section 23-B1 or if no such assessment has been made to the date of the assessment (hereinafter called the 'regular

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 … debt owed') 123456781957-58 2012 2-11-1956 14,87,095 14,74,645 11,19,534 8,47,644 8,47,644 1958-59 2013 23-10-1957 14,89,092 14,75,342 11,21,072 8,48,782 8,41,686 1959-60 2014 11-11-1958 14,89,596 14,58,246 11,21,60 8,49,070

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

Court : Kerala

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 … Subramonian Poti, J.1. This is a reference to this court under Section 256(1) of the Income-tax Act, 1961, arid the question referred to us is :' Whether, on the facts

Controller of Estate Duty, Karnataka, Bangalore Vs. Andal Thayaramma

Court : Karnataka

Subject : Direct Taxation

Acts : Estate Duty Act, 1953 - Sections 7(1), 7(2), 34(1) and 34(2)

Reported in : ILR1984KAR1368; [1985]151ITR197(KAR); [1985]151ITR197(Karn); 1984(2)KarLJ396

on and after 20th March, 1968, this relief was removed from claims on a gift basis by the Finance Act, 1968, s. 38, and with the elimination of duty on most of such property, the exception was repealed altogether … than once on the same death.' 22. It is now necessary to make a detailed analysis of this section. 23. Earlier, we have noticed that the charge to estate duty arises when property passes or is deemed to