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Sep 22 1981

Sirpur Paper Mills Ltd. Vs. Director of Inspection, Customs and Centra ...

Court : Andhra Pradesh

Decided on : Sep-22-1981

Subject : Direct TaxationExcise

Acts : Income Tax Act, 1961 - Sections 27, 81, 99(1), 280ZD and 280ZD(6)

Reported in : 1983(12)ELT457(AP); [1982]136ITR120(AP)

amount of tax credit to be certified under s. 280ZD of the I.T. Act. Section 39 of the Finance Act, 1968, read : '39. Special duties of excise on certain goods - (1) When goods of the description mentioned

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Jul 28 1975

Madurai District Central Co-operative Bank Ltd. Vs. Third Income-tax O ...

Court : Supreme Court of India

Decided on : Jul-28-1975

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 81 and 110; Finance Act, 1963 - Sections 2(1), 2(3), 2(5) and 2(8)

Reported in : [1975]101ITR24(SC); (1975)2SCC454; AIR 1975 SC 2016

rate the income was taken at Rs. 9,48,335 in view of Section 110 of the Act. Applying the Finance Act, 1963 (XIII of 1963), the respondent computed the residual income of the appellant at Rs. 5,39,386 and levied … surcharge on its residual income. The High Court dismissed the writ petition by its judgment dated October 15, 1968, but it has granted to the appellant a certificate to file an appeal to this Court under Articles

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Aug 24 1992

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

Court : Gujarat

Decided on : Aug-24-1992

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 … not deductible. - Notwithstanding anything to the contrary in sections 30 to 39, the following amounts shall not be deducted in computing the income chargeable … S.D. Shah, J. 1. On being moved under section 256 of the Income-tax Act, 1961, by the Commissioner of Income-tax, Ahmedabad, by four Reference Applications Nos. 523

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Jun 25 1999

Petroleum India International Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jun-25-1999

Subject : Direct Taxation

Reported in : (2000)241ITR43(Mum.)

consideration for its supply of technical know-how or technical services under approved agreements.Sec. 80-O was amended by the Finance Act, 1968, to enhance the deduction available under that section to 100 per cent of the income by way of

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Jul 31 2013

Yoshio Kubo Vs. Commissioner of Income Tax

Court : Delhi

Decided on : Jul-31-2013

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, … ITA 441/2003 and connected cases Page 18"0. Amounts not deductible.-Notwithstanding anything to the contrary in Sections 30 to 39, the following amounts shall not be deducted in computing the income chargeable under the head 'profits and gains

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Feb 04 1999

Commissioner of Income-tax Vs. N.J. Pavri

Court : Mumbai

Decided on : Feb-04-1999

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 10(10); Finance Act, 1974; Payment of Gratuity Act, 1972 - Sections 4

Reported in : [1999]237ITR472(Bom)

Act of 1974 came into force only with effect from April 1, 1975. He contended that since in 1968 Section 10(10), as it then stood, gave full exemption to gratuity received from the statutory corporation, the Finance Act, … is less ;'5. A bare reading of the above section as it stood before the amendment by the Finance Act, 1974, shows that gratuity payable to the employees of the Government, local authority or a statutory corporation was

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Oct 08 1985

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

Court : Supreme Court of India

Decided on : Oct-08-1985

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: … in other words it means that Section 40A would have effect notwithstanding anything contained in Sections 30 to 39 of the Act.37. This position was again reiterated by the Calcutta High Court in the case of Commissioner

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Sep 06 1978

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

Court : Rajasthan

Decided on : Sep-06-1978

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 … Appraiser) Customs, Bombay levied duties as under,-Customs Duty 16 1/2%Countervailing Duty Rs. 396 per M.T.3. The petitioner paid the above duties. The petitioner has no

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Sep 15 1995

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

Court : Supreme Court of India

Decided on : Sep-15-1995

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

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Jun 20 2003

Sirhind Steel (P) Ltd. Vs. Commissioner of Income Tax

Court : Gujarat

Decided on : Jun-20-2003

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 30 to 39, 40A, 40A(2), 40A(8) and 263

Reported in : (2003)184CTR(Guj)312

case related to asst. yrs. 1962-63 to 1965-66 whereas the provisions of Section 40A were inserted by the Finance Act, 1968 w.e.f. 1st April, 1968. Moreover, in the aforesaid case, the commodity in question was tobacco and the assessee … profession of that person, xxx xxx xxx xxx' '40. Notwithstanding anything to the contrary in Sections 30 to 39, the following amounts shall not be deducted in computing the income chargeable under the head 'Profits and gains

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