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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: … apart of an amount in the books of account. So as to make funds available for disbursement.(f) Section 36(1)(vii a) of the Act provided for deduction in respect of the provision for doubtful debts made by certain

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 clause (iv) or clause (v) or any expenditure referred to in clause (ix) of sub-section (1) of section 36 shall not be taken into account : provided further that nothing in this sub-clause shall apply to any

Commissioner of Income-tax Vs. Coromandel Fertilisers Ltd.

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(15), 4(3), 10(5) 10(6), 17, 17(3), 28, 29, 30, 31, 32, 33, 33(1), 33(1)(B), 34, 35, 35A, 36, 37, 38, 39, 40, 40A, 41, 42, 43, 43(1), 43(3), 43(6), 43A, 43A(1), 43A(2), 48 and 50

Reported in : [1985]156ITR283(AP)

2 of Part A of the Fourth Schedule.' 57. Clause (v) was inserted in s. 40(a) by the Finance Act, 1968, with effect from April 1, 1969, and was again omitted by the Finance (No. 2) Act, 1971, with … of section 17; (h) any payment referred to in clause (iv) or clause (v) of sub-section (1) of section 36; and (i) any expenditure referred to in clause (ix) of sub-section (1) of section 36 : Provided further

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, … under Section 24(1)(iii) of the Act. The assessee claimed, in addition, these two identical amounts as deduction under Section 36(1)(iii) of the Act in the computation of its business income. The ITO negatived the claim under Section 36(1)(iii)

Commissioner of Income-tax Vs. Vazir Sultan Tobacco Company Ltd.

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10(5), 17, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 40A(5)

Reported in : [1987]169ITR324(AP)

effect from April 1, 1964. Again, with effect from April 1, 1969, sub-clause (iii) was omitted by the Finance Act, 1968, and in its place, sub-clause (v) was inserted. This sub-clause (v) was in turn replaced by section 40A(5) … in clause (iv) or clause (v) or any expenditure referred to in clause (ix) of sub-section (1) of section 36 shall not be taken into account : Provided further that nothing in this sub-clause shall apply to any

Yoshio Kubo Vs. Commissioner of Income Tax

Court : Delhi

Subject : Direct Taxation

referred to in clause (ix) of subsection (1) of Section 36 shall not be taken into account." Through Finance Act, 1968, sub-clause (iii) to Section 40 (c) was deleted; instead, sub-clause (v) was introduced to Section 40 (a). That,

C.W.S. (India) Limited Vs. Commissioner of Income Tax

Court : Supreme Court of India

Subject : Direct Taxation

Reported in : [1994]208ITR649(SC); JT1994(3)SC116; 1994(1)SCALE840; 1994Supp(2)SCC296; [1994]2SCR247

clause (iv) or clause (v) of Sub-section (1) of Section 36 shall not be taken into account.3. By Finance Act, 1968, sub-clause (iii) in clause (c) of Section 40 was deleted and in its place sub-clause (v) was introduced

Commissioner of Income-tax, Bombay, Etc. Vs. M/S. Mafatlal Gangabhai a ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 10, 17, 40, 40A and 256(2); Finance Act, 1971 - Sections 40

Reported in : 1996IIAD(SC)573; AIR1996SC3003; I(1996)BC588(SC); (1996)132CTR(SC)248; [1996]219ITR644(SC); JT1996(3)SC173; 1996(2)SCALE676; (1996)7SCC569; [1996]3SCR227

of Section 40(a)(v) and Section 40-A(5). Sub-clause (v) was inserted in Clause (a) of Section 40 by the Finance Act, 1968 with effect from April 1, 1969. Section 40(a)(v) reads as follows :Section 40. Amounts not deductible.- Notwithstanding anything … (3) of Section 17;(h) any payment referred to in Clause (vi) or Clause (v) of Sub-section (1). of Section 36; and(i) any expenditure referred to in Clause (ix) of Sub-section (1) of Section 36 :Provided further that nothing

Government of Maharashtra and Ors. Vs. Deokar's Distillery

Court : Supreme Court of India

Subject : Commercial

Acts : Bombay Prohibition Act, 1949 - Sections 11, 12, 13, 49, 58, 58A, 114, 114(1) and 143(2); Maharashtra Civil Services (Revised Pay) Rules, 1998; Constitution of India - Articles 162 and 309; Maharashtra Distillation of Spirit and Manufacture of Potable Liquor Rules, 1966 - Rules 15(1), 16(2), 17(12) and 17(43); Maharashtra Country Liquor Rules, 1973 - Rules 3(1), 4(2), 6(12)and 6(36); Maharashtra Foreign Liquor (Storage in Bond) Rules, 1964 - Rule 7; Maharashtra Foreign Liquor (Storage and Supply) Regulation, 1964; Andhra Pradesh Distillery Rules, 1970; Andhra Pradesh Excise Act, 1968 - Sections 28(2); Central Excise Act, 1944 - Sections 4; Central Excise Rules - Rule 10A; Sale of Goods Act, 1930 - Sections 62; Finance Act, 1901 - Sections 10 and 10(1); Finance Act, 1940 - Sections

Reported in : AIR2003SC1216; 2003(4)ALLMR(SC)316; JT2003(3)SC86; 2003(3)SCALE124; (2003)5SCC669; [2003]2SCR852; 2003(2)LC1427(SC); MANU/SC/0216/2003

v. Mulhern and Co. (Limited) [Vol.XVII (1900-1901) The Times Law Reports 730] Sub-section (1) of Section 10 the Finance Act, 1901 interpretation whereof fell for consideration was in the following terms:'Where any new Customs import duty or Excuse … respondent to pay their salaries and allowances etc. in pursuance of Section 28(2) of the Andhra Pradesh Excise Act, 1968. The respondent-Distillery having failed to get any redress filed writ petition challenging the demand on various grounds. The … Court of Judicature of Bombay in Writ Petition Nos. 3754/2000, 3753/2000 and 3698/2000. The common questions that arise in these appeals are as to whether

Commissioner of Income-tax Vs. West Bengal Industrial Development Corp ...

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Section 36(1); ;Finance Act, 1985 - Section 10

Reported in : [1993]203ITR422(Cal)

(from that year) Chapter VI-A (at present comprising Sections 80A to 80W). 7. By the amendment of the Finance Act, 1985, with effect from April 1, 1985, it has been provided that the total income shall be computed … income for the purpose of this clause, on and from April 1, 1968, means total income computed before making any deduction under Chapter VI-A. 6. … facts and in the circumstances of the case, the Tribunal was correct in holding that the deduction under Section 36(1)(viii) of the Income-tax Act, 1961, should be allowed on a given percentage of the total income as reduced