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

Court : Mumbai

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 … Police Officer without an order from a Magistrate and without a warrant. A distinct and different power under Section 44 of the Code empowers the Magistrate to arrest or order any person to arrest the offender. Under Section

Commissioner of Income-tax Vs. Madras Motor and General Insurance Co. ...

Court : Chennai

Subject : Direct Taxation

Acts : Finance Act, 1963; Income Tax Act, 1961 - Sections 99(1); Finance Act, 1968 - Sections 31(3); Companies (Profits) Surtax Act, 1964 - Schedule - Rule 1

Reported in : [1975]99ITR243(Mad)

to the learned counsel now in view of the deletion of the words 'received by it' by the Finance Act, 1968, with retrospective effect. While deleting the provisions of Section 99, Finance Act, 1968, by Section 31(3) omitted the … of income, and determination of the rate and quantum of tax, are separate and independent concepts and processes. Section 44 which enjoins the computation of income of an insurance company without reference to the different heads of income,

Grasim Industries Ltd. Vs. Assistant Commissioner of Income-tax and or ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 30 to 43A, 80AA, 80AB, 80B(5) and 80HH; Finance (No. 2) Act, 1980

Reported in : (2000)163CTR(Bom)486; [2000]245ITR677(Bom)

ruling of the Supreme Court in the case of Cloth Traders (P.) Ltd.'s case : [1979]118ITR243(SC) , the Finance Act made a saving provision in Section 44 to provide that the new Section 80AA will not apply to … 80AB. He contended that while Section 80AA was deemed to have been inserted with effect from April 1, 1968, Section 80AB came to be inserted only with effect from April 1, 1981. He, therefore, contended that whereas Section

Controller of Estate Duty Vs. Estate of Late Omprakash Bajaj

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Estate Duty Act, 1953 - Sections 36, 36(1), 44 and 74(1)

Reported in : [1977]110ITR263(AP)

that Section 36, Sub-section (1) of the Estate Duty Act was based upon Section 7(5) of the U.K. Finance Act, 1894, and Section 60, Sub-section (2) of the U. K. Finance Act, 1910, while Section 48 of the … a debt existing on the date of the deceased's death for which a deduction would be permissible under Section 44 of the Estate Duty Act. He, accordingly, dismissed the appeal. Against this order of the Appellate Controller, the … Tribunal, following its earlier decision in Estate Duty Appeal No. 84 of 1968-69, decided by it on December 30, 1972, held that the estate duty

Petroleum India International Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

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 … the case of CIT vs. Simpson & Co. (1980) 122 ITR 283 (Mad) at p. 286-7.Simpson vs. Jones 44 Tax Cases. 599 : "Before adopting any proposed construction of a passage susceptible of more than one meaning,

United India Fire and General Insurance Co. Ltd. Vs. Commissioner of I ...

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 25, 28, 29, 30, 31, 32, 33, 34, 35, 35A, 35B, 35B(1), 36, 37, 38, 39, 40, 41, 42, 43, 43A and 44

Reported in : [1983]144ITR638(Mad)

the assessee argued that under s. 35B which was introduced with effect from 1st April, 1968, by the Finance Act, 1968, dockets companies and also person who are resident in India who incurred expenditure under specified heads to pr, … 35B in view of s. 44 of the ACt red with r. 5 of the First Schedul. 7. Section 44 deal with computing of profits and gains of business of insurance companies. It reads as under : 'Notwithstanding

Umesh Kumar Ips Vs. the State of Andhra Pradesh Rep. by Its Chief Secr ...

Court : Andhra Pradesh

Subject : Land Acquisition

for violation of Rule 3(1) of the All India Services (Conduct) Rules, 1968 (hereinafter referred to as ‘the Conduct Rules’); and (4) to direct both … the property; sale/purchase price of the property; and, in case of acquisition, the source or sources from which financed/proposed to be financed etc. 42.  In exercise of the powers conferred, by Section 75-A of the Representation of … direct the Government of Andhra Pradesh and the Union of India to order an enquiry for initiating disciplinary action against the 4th respondent on the basis of the petitioner’s letters dated 08.03.2011, 27.04.2011, 21.06.2011, 02.09.2011 and 09.09.2011, … Investigation (CBI). (Nirmal Singh Kahlon v. State of Punjab (2009) 1 SCC 441). Despite the wide powers conferred on it, by Article 226 of the

income-tax Officer Vs. Kenaram Saha and Subhash Saha and

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2008)301ITR171(Kol.)

at great length. His arguments/submissions can be summarized as follows: 2. That Section 40A(3) was introduced by the Finance Act, 1968, with effect from April 1, 1968. In the memorandum explaining the provisions in the Finance Bill, 1968, it … the decision of the hon'ble apex court in the case of CIT v. Tara Agencies [2007] 292 ITR 444.32. Coming to the various provisions of the Income-tax Rules, he stated that the Rules are to be strictly

M. Radhakrishniah Vs. Commissioner of Income-tax, Madras

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 27(1), 68 and 271(1)

Reported in : (1984)38CTR(Mad)326; [1984]147ITR133(Mad)

a case of penalty under s. 271(1)(c) of the I.T. Act, as it stood after amendment by the Finance Act, 1968, but before its further amendment by the T.L. (Amend) Act, 1975. The IAC who levied the penalty in … there is a clear deficiency in plywood sheets by as much as 44 sheets. In the absence of any explanation, the only inference is that … of law : '1. Whether, on the facts and in the circumstances of the case, the provisions of section 271(1)(c) stood attracted to justify any penalty 2. Whether, on the facts and in the circumstances of the

Malad Kokil Co-operative Housing Society Ltd. and Another Vs. the Mode ...

Court : Mumbai

Subject : Land Acquisition

AIR 2007 SC 1011; State of Orissa v. Sudhansu Sekhar Misra, AIR 1968 SC 647; Reserve Bank of India v. Peerless General Finance and Investment … as laid down by the Apex Court in the case of Reserve Bank of India v/s. Peerless General Finance and Investment Co. Ltd. and ors. {AIR 1987 SCC 1023}, the Court will have to draw a distinction … It is the contention of the plaintiff-society that after they pursued the matter under the Right to Information Act, they came to know about the Commencement Certificate granted in favour of the defendants by the Corporation on … in the property within the period mentioned in the agreement executed under Section 4 of the Maharashtra Ownership Flats Act, 1963 (hereinafter referred to as … v. M/s.Vishram Khimji and Sons, 1994 (1) Bom.C.R. 444; Mr.SudhirShetty v. Mr.Dharma V. Desle [Appeal No.844/2003 in