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Shree Sajjan Mills Ltd. Vs. Commissioner of Income Tax, M.P., Bhopal a ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 30, 34(3), 36(1), 37, 37(1), 39, 40A, 40A(1), 40A(7), 40D, 155(13) and 256(1); Payment of Gratuity Act, 1972; Finance Act, 1968 - Sections 40A; Companies Act; Finance (Amendment) Act, 1975

Reported in : AIR1986SC484; 1986LC276(SC); [1985]156ITR585(SC); 1985(2)SCALE737; (1985)4SCC590; [1985]Supp3SCR593

the total Rs, 48,59,431 made by the assessee towards liability for gratuity?9. Section 40A was inserted by the Finance Act, 1968 with effect from 1st April, 1968. It is necessary to set out, the relevant provisions of Section 40A: … debts. The word 'provision' in Section 40A(7) must also receive the same meaning, according to the assessee.(g) Section 34(3)(a) spoke of the creation of a development rebate reserve by debiting the Profit and Loss Account and crediting

Subrahmanian vs the District Collector

Court : Kerala

shall be in addition to, and not in derogation of, the Industrial Finance Corporation Act, 1948 (15 of 1948), the State Financial Corporations Act, 1951 … Therefore, it is not possible for this Court to hold that the proceedings under the Kerala Revenue Recovery Act, 1968, initiated against the petitioner are barred by limitation.3. The learned counsel appearing for the petitioner then contended on … 2 SCC 455, and had held that in the light of the provisions contained in Section 19 and Section 34 of the Recovery of Debts and Bankruptcy Act, 1993, (hereinafter referred to as the ‘RDB Act’) and in

Bhagirath Kanoria Vs. Commissioner of Income-tax (Central)

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 271(1) and 275; ;Taxation Laws (Amendment) Act, 1970

Reported in : [1980]122ITR728(Cal)

have been imposed as per the law, which was in force prior to the amendment made by the Finance Act, 1968, as the amendment made by the Finance Act, 1968, does not relate to purely procedural matter but affects … assessment years under reference, 1955-56, 1956-57 and 1961-62, the original assessments were made by the Income-tax Officer, under section 23(3) of the Indian Income-tax Act, 1922. Later, the ITO reopened the assessments and brought to tax certain … started by the Income-tax Officer. As stated above, the notices under section 34(1)(a) of the 1922 Act were served on the assessee on 16th March,

Ganesh Traders Vs. District Collector, Karimnagar and ors.

Court : Andhra Pradesh

Subject : Excise

Acts : Andhra Pradesh Excise Act, 1968 - Sections 2, 2(9), 2(19), 2(20), 6-A, 6-C(1), 6-C(2), 7, 7-A, 8, 13, 13(1), 27, 28, 34, 34(2), 34(3), 35, 36, 37, 37-A, 40-A, 41, 42, 45, 45(1), 48, 50, 50-A, 51, 52, 53, 54, 55 and 61; Constitution of India - Articles 19, 20, 20(1), 21, 47, 124, 217, 226 and 371D; Code of Criminal Procedure (CrPC) , 1973 - Sections 155(2), 156(1), 165, 165(2), 165(4), 397, 452(2), 482 and 561-A; Madras Abkari Act, 1886 - Sections 55; Motor Vehicles Act; Andhra Pradesh General Sales-tax Act; Foodgrains - Prices and Stocks (Display and Control) Order, 1967; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 2; Hire Purchase Act, 1972; Indian Penal Code (IPC), 1860 - Sections 304-A; Madras Prohibition Act, 1937; Andhra Pradesh Prohibition (Amendmend) Act, 1995; Cess an

Reported in : 2002(1)ALD210; 2002(1)ALD(Cri)137; 2002(1)ALT611; 2002CriLJ1105

on any business in black jaggery or alum. 8. By reason of the provisions of the A.P. Excise Act, 1968 a regulatory power has been conferred upon the State to prohibit activities in relation to intoxicant, its manufacture, … of the seizure of the vehicle and initiation of the proceedings has been placed on Clause (e) of Section 34 of the A.P. Excise Act and Section 7-A of the A.P. Prohibition Act inter alia on the ground … above lorry second person Kondal Rao and third person Mahender Reddy have financed the amount to purchase the jaggery at Kamareddy to transport the same

Commissioner of Income-tax (Central) Vs. Express Newspapers Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24), 24, 24(1), 36, 36(1), 38(1) and 38; Finance Act, 1964

Reported in : (1980)15CTR(Mad)383; [1980]124ITR117(Mad)

mortgage or charge. '5. The above clause was omitted by Section 30 and the Third Schedule of the Finance Act, 1968, with effect from 1st April, 1969. As the assessment years under consideration fall prior to 1st April, 1969, … on 22nd March, 1963. The Tribunal found that the loan of Jhajharia was on mortgage and held that Section 34 of the Code of Civil Procedure applied only to the payment of money and that it did not

Bharat Agencies Ltd. Vs. Income-tax Officer, C-ward and ors.

Court : Kolkata

Subject : Direct Taxation

Acts : Indian Income Tax Act, 1922 - Sections 23A, 35 and 35(1); ;Income Tax Act, 1961 - Section 154

Reported in : [1971]80ITR637(Cal)

the Act of 1922 which are admittedly applicable to the instant case. Prior to its amendment by the Finance Act, 1955, Section 23A provided that if certain companies designated therein had not distributed a certain percentage of its … the aforesaid two orders of rectification, and the respondent No. 4 by his order dated the 20th April. 1968, rejected the application for revision for the assessment year 1960-61. It is stated in the petition that the … super-tax is not an order of assessment within the meaning of Section 34(3) of the Act and to such an order the period of limitation

Sheo NaraIn Jugdish NaraIn Vs. the State of Uttar Pradesh and anr.

Court : Allahabad

Subject : Sales Tax

Reported in : [1974]33STC488(All)

1939-40 made on the assessee was quashed by the Income-tax Appellate Tribunal on the ground that the Indian Finance Act, 1939, was not in force during the assessment year in Chhota Nagpur where the assessee was carrying on … that the income of the assessee had escaped assessment for the year 1939-40 and issued a notice under Section 34 of the Indian Income-tax Act, 1922. The Supreme Court held that the income of the assessee was chargeable … of the U.P. Sales Tax Act for the assessment years 1967-68 and 1968-69.2. For the assessment year 1967-68 the petitioner was, by an assessment order

Chitra Construction Company Vs. Addl Commissioner of Customs

Court : Chennai

Subject : Land Acquisition

Valley, Green Home, Onampalayam, Coimbator”109. culminating in Mahazar dated 1.3.2012 as being ultra vires Section 82 of the Finance Act, apart from being in excess of jurisdiction and unconstitutional. W.P.No.22902 of 2012: Writ Petition filed under Article 226 … the Supreme Court, in Commissioner of Commercial Taxes Vs. R.S.Jhaver and others, 1968 AIR 59.wherein, it had been held that all searches must be made … relevant bearing to the formation of the belief and are not irrelevant or extraneous to the purpose of Section 34 of the Income Tax Act, 1922.73. In Chhugamal Rajpatl Vs. S.P.Chaliha and others, 1971 AIR 730.the Supreme Court

State of West Bengal and ors. Vs. A.S. Narayana

Court : Kolkata

Subject : Sales Tax

Reported in : [1977]40STC404(Cal)

registration under the said Act.24. The firm had made a voluntary disclosure before the income-tax authorities under the Finance Act, 1965 and, under Section 68 of the Act, such declaration was to be confidential not to be disclosed … 1970 S.C 1292, where the court was considering the provisions in Section 152A inserted by the Gujarat Amendment Act, 1968, to the Bombay Provincial Municipal Corporation Act, 1949. By the said section the Corporation was given power to

Amritha Cyber Park (P) Ltd. Vs. Kerala Financial Corporation

Court : Kerala

Subject : Property

Acts : Kerala Revenue Recovery Act, 1968 - Sections 69, 69(2) and 71; Recovery of Debts due to Banks and Financial Institutions Act, 1999 - Sections 19 and 34(2); UP Public Monies (Recovery of Dues) Act, 1972; State Financial Corporations Act, 1951 - Sections 29, 31 and 32G; Industrial Finance Corporation Act, 1948; Unit Trust of India Act, 1963;Industrial Reconstruction Bank of India Act, 1984;Sick Industrial Companies (Special Provisions) Act, 1985;Small Industries Development Bank of India Act, 1989

Reported in : [2007]136CompCas446(Ker); 2006(2)KLT394

Act or the rules made thereunder shall be in addition to, and not in derogation of, the Industrial Finance Corporation Act, 1948 (15 of 1948), the State Financial Corporations Act, 1951 (63 of 1951), the Unit Trust … Nair, J. 1. Petitioner is challenging revenue recovery proceedings initiated under Section 69(2) of the Kerala Revenue Recovery Act, 1968, hereinafter called the 'RR Act' for recovery of arrears of loan availed by the petitioner from the first … gone into, and for easy reference the sections are extracted hereunder: Section 34(1)&(2)of DRT Act. 34. Act to have Overriding effect.-- (1) Save as provided