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Gujarat Industrial Development Corporation Vs. Commissioner of Income- ... Overruled

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10(20A); Constitution of India - Article 289(1); Gujarat Industrial Development Act, 1962

Reported in : (1985)45CTR(Guj)68; [1985]151ITR255(Guj)

to exclude, they did not make a provision. This provision was inserted for the first time in the Finance Act, 1970, with retrospective effect from April 1, 1962, and, therefore, it will cover the concerned assessment years. But the … no application. Therefore, realising this difficulty, great emphasis was placed on Section 10, Clause (20A), which falls in Chapter III of the I.T. Act which begins with the heading 'INCOMES WHICH DO NOT FORM PART OF TOTAL INCOME

Association of University Teachers, National College Unit Vs. All Indi ...

Court : Chennai

Subject : Constitution

Acts : Tamil Nadu Private Colleges (Regulation) Act, 1976 - Sections 27; Tamil Nadu Private Colleges (Regulation) Rules - Rule 17

Reported in : AIR1999Mad164

the situation and the description of the buildings in which such private college is proposed to be established. Chapter III deals with College Committee and its Constitution and Functions. Section 14(1) says that 'Subject to the provisions of … fund --(a) in any corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act V of 1970) or Post Office Savings Bank; or(b) in any of the securities specified in … case of cultivable land, its classification and the crops grown.(e) Market value.(f) Financial income derived from the property.(g) Remarks, if any.' Rule 20 deals with

Canara Bank and ors. Vs. State of Kerala and ors.

Court : Kerala

Subject : Other TaxesConstitution

Acts : Kerala Municipalities Act, 1961 - Sections 2, 133, 133(1) and 279; Travancore Distirct Municipalities Act, 1116 - Sections 3(8) and 91; Travancore Distirct Municipalities Rules - Rule 16 and 16(1); Constitution of India - Article 276(2); General Clauses Act, 1897 - Sections 6; Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 - Sections 2, 2(10) and 10

Reported in : AIR1982Ker1

to dismiss this argument Section 133 (1) provides that nothing contained in Chapter VI of the Kerala Act relating to Taxation and Finance shall be … 519) : (1979 Tax LR NOC 49) by the proviso to Rule 19 (1) of the Taxation and Finance Rules in Schedule II to the Kerala Municipalities Act, 1960 (hereinafter the Kerala Act) the Kerala Legislature has … the assessees herein are corresponding new banks as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and the remaining one is a trust. They raise the following questions for consideration in these cases :-- … the next point that falls for consideration. The Travancore Act, by Section 3 (8) defines a company as ''Company' means a company as defined in

S.M.i. Kazim Vs. New India Assurance Co. Ltd. and ors.

Court : Allahabad

Subject : ServiceFood Adulteration

Acts : Evidence Act; Central Vigilance Commission Act, 2003 - Sections 8; Prevention of Corruption Act, 1988; Central Vigilance Commission Ordinance, 1999 - Sections 3(1); Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970; ;Companies Act, 1956 - Sections 442; Prevention of Food Adulteration Act, 1954 - Sections 20A; General Insurance (Conduct, Discipline and Appeal) Rules, 1975 - Rules 25, 25(2) and 29; Pension Rules - Rule 23F; Uttar Pradesh Disciplinary Proceeding (Administrative Tribunal) Rules, 1947; Uttar Pradesh Disciplinary Proceeding (Administrative Tribunal) Act - Sections 4(4)

Reported in : 2005(1)ESC297; (2005)2UPLBEC1362

therefore, looking to the provisions contained in Section 8 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, the Apex Court held that the Ministry of Finance, Government of India, has no jurisdiction to issue the … matters referred to it by the above authorities. Its functions and powers are provided in Section 8 of Chapter III of the Act. Section 8(g) and (h) of the Act provides as under :'8. Functions and powers of

Vidarbha Irrigation Development Vs. Joint Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2006)102ITD1(Mum.)

10(20A) omitted by the Finance Act, 2002, w.e.f. 1-4-2003.Prior to its omission, clause (20A), as inserted by the Finance Act, 1970, w.r.e.f. 1-4-1962, reads as under : 10(20A) any income of an authority constituted in India by or under … authorities was that the assessee falls within the scope of "Local Authority" as defined under Section 10(20), of Chapter III, which deals with income which do not form part of the total income. This plea of the assessee

Government of Andhra Pradesh and Others Vs. Heh the Nizam Viii of Hyde ...

Court : Andhra Pradesh

Subject : Property

Acts : Constitution of India - Articles 14, 163(3) and 226; Urban Land (Ceiling and Regulation) Act, 1976 - Sections 4(11), 6(1), 8(1), 10(3) and (5), 20, 20(1) and 23; Business Rules - Rule 34-A; Urban Land (Ceiling and Regulation) Act, 1970 - Sections 20(1); Wealth Tax Act; Kerala Education Rules, 1959 - Rules 2-A(5), 9 and 11; Evidence Act - Sections 123 and 162

Reported in : AIR1993AP76

huge tax running to seventeen crores and that it is a case where application of the provisions of Chapter III of the Act would cause undue hardship to the petitioner and that therefore the respondent should grant exemption … filed by the petitioners for exemption under S. 20(1)(a) and (b) of the Urban Land (Ceiling and Regulation) Act, 1970 in accordance with law and in the light of the observations made above as expeditiously as possible preferably … those arrears were cleared. The development of the large housing colony largely financed by and to be allotted to Nonresident Indians was said to be

Heminder Kumari Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1996)57ITD409(Delhi)

refers only to the territorial jurisdiction. In this connection he invited our attention to the speech of the Finance Minister given at the time of introducing the Finance Bill, 1970 [75 ITR (Statutes) 22-23] wherein it was … the same does not fall within the definition of "capital assets" given in section 2(14)(iii)(a) of the Income-tax Act, 1961.2. The case was heard on 20-12-1994, 19-1-1995 and 4-4-1995 and lengthy submissions were made by the learned … ceased to be included in rural areas were excluded. He submitted that Chapters XXV and XXVI of the DMC Act, deal with miscellaneous and supplemental

Heminder Kumari Vs. Assistant Commissioner of Income-tax.

Court : Delhi

Subject : Direct Taxation

Reported in : (1996)56TTJ(Del)280

refers only to the territorial jurisdiction. In this connection he invited our attention to the speech of the Finance Minister given at the time of introducing the Finance Bill, 1970 [75 ITR (Statutes) 22-23] wherein it was … the same does not fall within the definition of 'capital assets' given in section 2(14)(iii)(a) of the Income-tax Act, 1961.2. The case was heard on 20-12-1994, 19-1-1995 and 4-4-1995 and lengthy submissions were made by the learned … ceased to be included in rural areas were excluded. He submitted that Chapters XXV and XXVI of the DMC Act, deal with miscellaneous and supplemental

India Leather Corporation (P.) Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Subject : Direct Taxation

Acts : Finance Act, 1970 - Sections 2(6); Income Tax Act, 1961 - Sections 80E, 147 and 256(1)

Reported in : (1989)77CTR(Mad)18; [1989]179ITR170(Mad)

the assessee-company was not an industrial company within the meaning of clause 2(6)(c) of Chapter II of the Finance Act, 1970 ?' 2. The assessee is a private limited company and the assessment year we are concerned with is … necessary to determine the profits of the industrial activity of the assessee in view of Paragraph 'F', Part III of the First Schedule to the Finance Act, 1970. Thereunder, an industrial company is subjected to income-tax at

Union of India and anr. Vs. Tata Engineering and Locomotive Co. Ltd.

Court : Mumbai

Subject : Company

Acts : Companies Act, 1956 - Sections 17(1), 293(1), 370, 391 and 394; Monopolies and Restrictive Trade Practices Act, 1969 - Sections 2, 3, 20, 20(1), 21, 21(1), 22, 22(1), 23, 23(1), 23(2), 23(3), 23(4), 24, 25, 26, 27, 28, 29, 30 and 48(2); Banking Regulation Act, 1949 - Sections 22

Reported in : [1972]42CompCas72(Bom)

the provisions of section 23, and particularly of sub-section (1), of the Monopolies Act. Section 23 occurs in Chapter III of the Act, the Chapter heading being 'Concentration of Economic Power'. There are 11 sections in this Chapter … framework of the company's memorandum as, for example, the business of a finance and investment company, because, apart from the difficulties involved in setting up … Companies (Acquisition and Transfer of Undertakings) Ordinance, 1970, succeeded by the Banking Companies (Acquisition and Transfer of Understakings) Act, 1970, hereinafter referred to as 'Act V of 1970', after an attempt to do so by a prior Ordinance