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Hindustan Wire Products Ltd. Vs. Commissioner of Income Tax, Patiala

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 33, 33(1)(A), 33(1)(B), 80B(7), 80E, 80I and 80I(1); Finance Act, 1972; Finance Act, 1968

Reported in : AIR1987SC566; (1986)55CTR(SC)183; [1986]161ITR749(SC); 1986(2)SCALE160; (1986)3SCC689; [1986]3SCR478

time being approved in this behalf by the Central Government.The word 'Sixth' was substituted for 'Fifth' by the Finance Act 1968 with effect from April 1, 1969.5. With effect from April 1, 1964 the Fifth Schedule set forth a … 33 of the Income Tax Act, 1961 provides for the grant of development rebate. Prior to April 1, 1968, Section 33(1)(iii)(c)(A) of the Income Tax Act, 1961 provided:(1) In respect of a new ship acquired or new machinery … Fifth Schedule set forth a list of articles and things and items 7, 17 and 24 which possess some relevance to this case read as

Commissioner of Income-tax Vs. Vijaya Retreaders

Court : Kerala

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 10A, 80-I and 256(1); Finance Act, 1968 - Sections 2(6); Central Excise Act; Finance (Amendment) Act, 1973 - Sections 2(7)

Reported in : [2002]253ITR53(Ker)

whether the assessee was entitled to a concessional rate of tax provided to an industrial company by the Finance Act, 1968. 'Industrial company' means a company which is mainly engaged in the business of generation or distribution of electricity … P.K. Balasubramanyan,J.1. This income-tax reference is at the instance of the Revenue under Section 256(1) of the Income-tax Act, 1961. The questions referred to are as follows :'1. Whether, on the facts

Commissioner of Income-tax, Gujarat I Vs. S.P. Bhatt

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 28; Income Tax Act, 1961 - Sections 143, 144, 145(2), 147, 234 and 271(1)

Reported in : [1974]97ITR440(Guj)

are setting out the section as it stood during the relevant assessment years prior to its amendment by Finance Act, 1968 : '271. (1) If the Income-tax Officer or the Appellate Assistant Commissioner, in the course of any proceedings … by it, total sales of Rs. 3,34,000 and gross profit of Rs. 26,595 which worked out at approximately 7.9 per cent. of the total sales and net income of Rs. 19,434. The Income-tax Officer assessing the assessee

Commissioner of Income-tax (Central) Madras Vs. Buhari Sons Pvt. Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Finance Act, 1966 - Sections 2(7)

Reported in : (1984)38CTR(Mad)88; [1983]144ITR12(Mad)

has been held that the term 'manufacturing or processing of goods' occurring in s. 2(6) (d) of the Finance Act, 1968, should be understood in the context in which the term appears land the nature of the enactment and … has been rightly held by the Tribunal that the assessee is an 'industrial company' within the meaning of section 2(7) (d) of the Finance Act, 1966? (2) Whether the Tribunal's view that the assessee-company which is running

Silk and Textiles Mercantile Traders Assn. Vs. Govt. of Nct of Delhi a ...

Court : Delhi

Subject : Sales Tax

Acts : Delhi Sales Tax Act, 1975 - Sections 4(1) and 7; Delhi Sales Tax (Amendment) Act, 1997; Central Sales Tax Act, 1956 - Sections 14 and 15; Finance Act 1961; Central Excises Act, 1944; Additional Duties of Excise (Goods of Special Importance) Act, 1957 - Sections 3(1) and 4; Central Sales Tax (Amendment) Act, 1961; Central Excise Tariff Act, 1985; Finance Act, 1968; Kerala General Sales Tax Act, 1963; Constitution of India - Articles 245, 249 to 253, 286(3) and 366; Delhi Sales Tax (Amendment) Ordinance, 2000; Central Excises (Amendment) Act, 1969

Reported in : 139(2007)DLT393; 2007(207)ELT482(Del); (2007)6VST444(Delhi)

not going to be compensated by additional duties of excise in relation to silk fabrics. Accordingly in the Finance Act, 1968 the following change was proposed:Provision Relation to Central Sales Tax All items on which additional duties of excise … the Second Schedule to the DST Act and included in the Third Schedule thereof which meant that under Section 7 DST Act it was fully exempt from sales tax. With effect from 3.7.2003, 'silk and garments made of

The Indian Hotels Company Ltd. and Others Vs. the Income Tax Officer, ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80J(1), 80J(4), 80J(6), 32A, 33 and 256(2); Finance Act, 1979 - Sections 2(7); Central Sales Tax Act, 1956; Finance Act, 1968 - Sections 2(6); Finance Act, 1973 - Sections 2(7); Constitution of India - Article 139A

Reported in : AIR2000SC2645; [2000]245ITR538(SC); JT2000(9)SC139; 2000(5)SCALE475; (2000)7SCC39; [2000]Supp2SCR261

Casino (Pvt.) Ltd. : [1973]91ITR289(Ker) Division Bench of the Kerala High Court referred to Section 2(6)(d) of the Finance Act, 1968 which defines an 'industrial company' and held that the activity carried on by the assessee in preparing articles … 256(2) of the Act was filed before the High Court of Kerala which was rejected by order dated 7.1.1985. That order is challenged in this appeal.S.L.P.(C) No. 324/19985. Leave granted.6. In this appeal also, the assessee -

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:

Commercial Tax Officer and ors. Vs. Vishnu Agencies (P.) Ltd.

Court : Kolkata

Subject : Sales Tax

Reported in : [1975]36STC527(Cal)

are as follows:3. Respondent No. 1, Messrs. Vishnu Agencies Private Ltd., is a registered dealer under the Bengal Finance (Sales Tax) Act, 1941, and a licensed stockist and dealer of cement, which is a controlled commodity and … 1207, Indian Steel and Wire Products Ltd. v. State of Madras A.I.R. 1968 S.C. 478, Andhra Sugars Ltd. v. State of Andhra Pradesh A.I.R. 1968 … which can be imposed on a person contravening any order made under Section 3 of the said Act. Section 7 provides similar penalties to the person aiding and abetting the contravention of any order under Section 3 of

State of Kerala and ors. Vs. Maharashtra Distilleries Ltd. and ors.

Court : Supreme Court of India

Subject : Excise

Acts : Kerala Abkari Act - Sections 6, 7, 11, 12, 14, 17, 18, 18A, 21 and 29; Kerala Abkari Rules; Kerala Sales Tax Act; Kerala General Sales Tax Act, 1963 - Sections 2, 5, 5(1), 5(2C) and 35; Kerala Finance Act, 2001 - Sections 3A; Kerala Distillery and Warehouse Rules, 1968 - Rules 16(1), 47, 50 and 52; Foreign Liquor Storage in Bond Rules, 1961 - Rules 3, 3(1), 11 and 11(1); Foreign Liquor Rules, 1953 - Rules 3, 13(9) and 14; Cochin Abkari Act - Sections 10, 14, 24, 29 and 29(2); Kerala Abkari Shops (Disposal in Auction) Rules, 1974 - Rule 3(1A); Central Sales Tax Act, 1956; Finance Act, 2001; Constitution of India - Articles 301, 304, 304(1) and 311; Sea Customs Act, 1878 - Sections 20; Central Excise Act, 1944 - Sections 3

Reported in : AIR2005SC2594; JT2005(5)SC427; (2005)11SCC1; [2005]141STC358(SC)

on 1.4.2001 the State of Kerala amended Section 5(2C) of the Kerala General Sales Tax Act; by the Finance Act of 2001, by adding an explanation which was brought into effect retrospectively from July 1, 1987 which reads … all liquor and intoxicating drugs(a) permitted to be imported under Section 6; or(b) permitted to be exported under Section 7; or(c) permitted under Section 11 to be transported ; or(d) manufactured under any licence granted under Section 12; … 1999 in OP Nos. 23008-23903/98, 818, 2255, 2264, 12893, 3283; 7437 and 19686/99 whereby the High Court allowed the writ petitions filed by the respondents/distillers

Dharmapuri District Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (1996)58ITD170(Mad.)

which appears under the heading "Agricultural development expenses" and explained that the intention behind the legislation introduced by Finance Act 1968 was to encourage agricultural development. Referring to Circular 6P dated 6-7-1968, the learned Departmental Representative submitted that the … 1984-85. The ground which is common for all the years is regarding the claim for weighted deductions under section 35C of the IT Act. For the assessment years 1983-84 and 1984-85, apart form deduction under section 35C,