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Apr 07 1981

Commissioner of Wealth Tax, Amritsar Vs. Suresh Seth Overruled

Court : Supreme Court of India

Decided on : Apr-07-1981

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 14, 14(1), 14(2), 14(3), 15, 16, 17, 18, 18(1) and 27(1); Wealth Tax (Amendment) Act, 1964 - Sections 18; Finance Act, 1969; Constitution of India - Articles 20(1) and 136; Indian Mines Act, 1923 - Sections 39; Factories Act, 1948; General Clauses Act - Sections 6

Reported in : AIR1981SC1106; (1981)21CTR(SC)349; [1981]129ITR328(SC); 1981(1)SCALE729; (1981)2SCC790; [1981]3SCR419; 1981(13)LC555(SC)

to maximum of 50% of the wealth-tax payable under Section 18(1)(a) before its amendments on 1.4.69 by the Finance Act, 1969 : Rs. 115/-(ii) For the period from 1.4.69 to 18.3.71 : Penalty at 1/2% of the net wealth … it is necessary so to do, extend the date for the delivery of the return under this section.7. Section 15 of the Act which has not undergone any change since the commencement of the Act reads :15. Return

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Dec 26 1984

Ramesh Jayantilal Shah Vs. Additional First Assistant

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Dec-26-1984

Subject : Direct Taxation

Reported in : (1985)12ITD622(Mum.)

like this before us has been brought to duty by special provisions made by Section 34 by the Finance Act, 1969. However, these provisions are not found in India.13 and 14. [These paras are not reproduced here as they … show that no duty can be levied on the premia paid even with reference to Section 14 or Section 15 of the Act. This would assume a change in the nature of property passing. We will grant that

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Sep 23 1974

Commissioner of Gift-tax Vs. C. Muthukumaraswamy Mudaliar

Court : Chennai

Decided on : Sep-23-1974

Subject : Direct Taxation

Acts : Gift Tax Act, 1958 - Sections 15(2), 15(4), 17 and 17(1); Gift Tax (Amendment) Act, 1962

Reported in : [1975]98ITR540(Mad)

April 1, 1969, will be that laid down under the law in force before its amendment by the Finance Act, 1969, namely, 2% of the wealth-tax payable for every month during which there was failure, without reasonable cause, to … Sections 13(1) 13(2) and under Section 16; (2) failure without reasonable cause to comply with a notice under Section 15(2); (3) concealing the particulars of any gift or deliberately furnishing inaccurate particulars thereof. If the penalty is for

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Sep 25 1995

M. Rangaswamy Vs. Commissioner of Wealth-tax

Court : Chennai

Decided on : Sep-25-1995

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 2, 5, 5(1) and 28

Reported in : [1996]221ITR39(Mad)

recasting of section 2(e) of the Act by the Finance Act, 1969. 15. For all the reasons stated above, we answer question No. (2) referred … Legislature in enacting a particular provision. We have already referred to the Explanatory Notes on Clauses to the Finance Act, 1969. From the above, it is seen that what was intended to be exempted was the growing crops, fruits … tax cases are by way of reference to this court from the Income-tax Appellate Tribunal, Madras Bench, under section of the Wealth-tax Act, 1957 (hereinafter referred to as 'the Act'), referring the following two questions for the

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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)

20 per cent of the total amount to chargeable on such goods; and...' 19. Section 31 of the Finance Act, 1969, also is in similar terms. Based on the language, learned counsel argued that the special duty contemplated under … First Schedule to the Central Excises and Salt Act, 1944, and the corresponding rate of tax credit is 15%. 5. By s. 3(1) of the Central Excises and Salt Act, 1944, duties of excise shall be payable

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Oct 27 1988

State of Kerala Vs. Attesee (Agro Industrial Trading Corporation)

Court : Supreme Court of India

Decided on : Oct-27-1988

Subject : Sales Tax

Acts : Constitution of India - Articles 269, 286, 286(2) and 286(3)

Reported in : AIR1989SC222; 1989(19)ECC60; 1988(38)ELT720(SC); JT1988(4)SC250; 1988(2)SCALE1597; 1989Supp(1)SCC733; [1988]Supp3SCR601; [1989]72STC1(SC)

sheets, bed-spreads, counter-panes and table cloths, but do not include any such fabricItem 19 was amended by the Finance Act, 1969. After amendment, it reads thus:19. Cotton fabrics'Cotton Fabrics' means all varieties of fabrics manufactured either wholly or partly … Act, 1944. The definitions of the above goods were thus related to their definitions under the 1944 Act. Section 15 of the Act imposed certain restrictions and conditions in regard to tax on sale or purchase of declared

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Oct 19 2006

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

Court : Delhi

Decided on : Oct-19-2006

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)

oil seeds etc. as declared goods. 'Silk fabrics' was introduced into Section 14 as entry (xi) by the Finance Act 1961. The definition of 'silk fabrics' was, by reference, the same as its definition in item 20 of … under the First Schedule to the CE Act after its amendment in 1969. However, PVC Cloth was not covered by the original definition of 'cotton … are referred to as 'declared goods'. In respect of such 'declared goods' there is a restriction provided in Section 15 CST Act on the power of the States to levy local sales tax on the intra-sale of such

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Sep 26 2014

Bangalore Turf Club Ltd. Vs. Union of India

Court : Karnataka

Decided on : Sep-26-2014

Subject : Direct Taxation

Minister made a speech on the Floor of Parliament making it explicitly clear and indicating thereunder that by Finance Act , 1986 Section115BB has been inserted to provide gross winnings from lotteries, crossword puzzles, races including horse races … submission he has relied upon the following Judgments: (1) Baburam Prakash Chandra Maheshwari v. Antarim Zila Parishat AIR 1969 SC 556 (2) Whirlpool Corporation v. Registrar of Trade Marks[1998] 8 SCC 1 (3) Harbanslal Sahnia v. Indian … to examine the writ petitions on merits, if required. RE: POINT NO.1: 15. Sri.K.V.Aravind, learned counsel appearing on behalf of the department has contended that … by the petitioner cannot be construed as winnings from games as per Section 194B of the Act. (6) Declare that the correct provision applicable in

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Mar 24 1993

Vishal International Production Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Mar-24-1993

Subject : Direct Taxation

Reported in : (1993)46ITD312(Delhi)

ultimate analysis concluded that the assessee was not an "Industrial Company" as defined in Section 2(7)(c) of the Finance Act, 1980.4. Being aggrieved with the action of the CIT (Appeals), the assessee took up the matter before the … and also on account of "realisation on extra prints". (c) That CBDT Circular No. 24 dated 23rd July, 1969 stated in positive terms that production of films tantamounted to an activity of manufacture and processing of goods.

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Nov 28 1984

income-tax Officer Vs. Lt. Col. G.R. Chopra

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Nov-28-1984

Subject : Direct Taxation

Reported in : (1985)11ITD662(Delhi)

item (1) in the above Clause (iv), which is mentioned hereinbefore, the following item was substituted by the Finance Act, 1969, with effect from 1-4-1970 : (1) where the conveyance is a motor car and the amount of the … of the Act and urged that since the expression 'salary' appearing in Clause (a) (b) or (c) of Section 15 was not expressed therein within inverted commas, the said expression should be given the ordinary dictionary meaning and

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