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Dec 13 1974

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

Court : Kolkata

Decided on : Dec-13-1974

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 … to the person aiding and abetting the contravention of any order under Section 3 of the said Act. Section 8 extends the penalties for contravention of any order passed under Section 3 of the said Act to a

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May 04 1979

Cloth Traders (P) Ltd. Vs. Additional C.i.T., Gujarat-i Overruled

Court : Supreme Court of India

Decided on : May-04-1979

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 12, 57, 80A to 80D, 80M, 85A, 99, 99(1) and 257; Indian Income tax Act, 1922 - Sections 8, 16, 56A and 60A; Finance Act, 1953; Finance (Amendment) Act, 1965 - Sections 99; Finance (Amendment) Act, 1966 - Sections 85A; Finance (Amendment) Act, 1967; Finance (Amendment) Act, 1968 - Sections 31, 31(2) and 31(3)

Reported in : AIR1979SC1691; (1979)10CTR(SC)393; [1979]118ITR243(SC); (1979)3SCC538; [1979]3SCR984

on the question of interpretation posed before us. One amendment is, however, material and that was made by Finance Act 1968 by which the words 'received by it' occurring in Sub-section (1) of Section 80M were omitted with effect … to be read as if the words 'received by it' were not in the opening part of that section.8. We shall presently consider the language of Section 80M for the purpose of arriving at its true interpretation,

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Mar 18 1984

Commissioner of Income-tax Vs. Rajah Dhanrajgiriji

Court : Andhra Pradesh

Decided on : Mar-18-1984

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 24 and 24(1)

Reported in : (1985)45CTR(AP)53; [1985]154ITR719(AP)

from out of the income arising from the house property till the assessment year 1968-69. But after the Finance Act, 1968, amended clause (iv) of sub-s. (1) of s. 24 of the I.T. Act the ITO disallowed the said … this equitable mortgage, he agreed to pay interest at the rate of 8% per annum. 3. The assessee was paying interest in respect of both … on the facts and the in the circumstances of the case, the interest as claimed is deductible under section 24(1)(iv) of the Income tax Act ?' 2. The assessee was deriving income from different sources including house

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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 … view that it could make no difference because under Cl. (1-A) which Was inserted in Article 226 by Section 8 of the Constitution (Fifteenth Amendment) Act, 1963, the poser conferred on the High Court by Cl. (1) can

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Aug 03 1979

Brij Mohan Vs. C.i.T., New Delhi

Court : Supreme Court of India

Decided on : Aug-03-1979

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 139, 143(2), 144, 257 and 271; Finance Act, 1968

Reported in : AIR1979SC1897; (1979)12CTR(SC)198; [1979]120ITR1(SC); (1979)4SCC118; [1980]1SCR199; 1979(11)LC617(SC)

Clause (iii) of Sub-section (1) of Section 271 of the Act, as it stood after amendment by the Finance Act, 1968. Having regard to the minimum penalty which, in his opinion, was leviable, he referred the case to the

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Jul 03 2002

Asstt. Cit Vs. Choice Trading Corporation Ltd

Court : Income Tax Appellate Tribunal ITAT Cochin

Decided on : Jul-03-2002

Subject : Land Acquisition

Reported in : (2002)76TTJ(Coch.)892

a hotel would not constitute "manufacture or processing of goods" within the meaning of section 2(6)(d) of the Finance Act, 1968. A company which carries on such activity will not fall within the definition of an "industrial company" under … a wholly-owned subsidiary company known as Choice Estate & Construction Co. Ltd. by virtue of a resolution dated 8-6-1993. Assessee also derives income from its Sea Food Division, Shipping Division and Software Division besides income from interest

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Jul 03 2002

Assistant Commissioner of Income Vs. Choice Trading Corporation Ltd.

Court : Income Tax Appellate Tribunal ITAT Cochin

Decided on : Jul-03-2002

Subject : Land Acquisition

Reported in : (2004)90ITD1(Coch.)

a hotel would not constitute "manufacture or processing of goods" within the meaning of Section 2(6)(d) of the Finance Act, 1968. A company which carries on such activity will not fall within the definition of an "industrial company" under … a wholly-owned subsidiary company known as Choice Estate & Construction Co. Ltd. by virtue of a resolution dt. 8th June, 1993.Assessee also derives income from its Sea Food Division, Shipping Division and Software Division besides income from

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Aug 26 1986

S.B. Cold Storage Industries Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Aug-26-1986

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Section 32A

Reported in : [1987]166ITR646(Cal)

by storing potatoes in the plant was an industrial company within the meaning of Section 2(6)(d) of the Finance Act, 1968, and Section 2(6)(c) of the Finance Act, 1969, as it was engaged in processing of goods. It was … The assessee did not manufacture or produce any article or thing. The Commissioner (Appeals) noted that in Section 80J(4)(iii) of the Act, the cold storage plant has been specifically included for the purpose of allowing the relief

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Nov 04 1992

Commissioner of Income-tax Vs. Hotel Ayodya

Court : Karnataka

Decided on : Nov-04-1992

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32A, 32A(1), 32A(2), 80J and 80J(1)

Reported in : (1993)109CTR(Kar)106; [1993]201ITR1002(KAR); [1993]201ITR1002(Karn); 1993(37)KarLJ140

6. This decision is based on the definition of industrial company in section 2 (6) (d) of the Finance Act, 1968. 7. The Madras High Court also took a similar view in CIT v. Buhari sons Pvt. Ltd. [1983] … K. Shivashankar Bhat, J. 1. In respect of the assessment year 1981 - 82, the following question has been referred for our consideration under section 256(1) of the Income-tax Act, 1961 :

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Mar 18 2002

Commissioner of Income-tax Vs. Export House

Court : Punjab and Haryana

Decided on : Mar-18-2002

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 35B, 35B(1) and 263

Reported in : [2002]256ITR603(P& H)

interpretations or not. This has not been done. Sub-clause (iii) of Section 35B(1)(b) as originally enacted by the Finance Act, 1968, was as under :'(iii) distribution, supply or provision outside India of such goods, services or facilities.'23. However, vide … was as under :'(iii) distribution, supply or provision outside India of such goods, services or facilities.'23. However, vide Section 8 of the Finance Act, 1970, the following words and brackets were added at the end of this clause

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