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Boake Allen Limited and Others (Appellants) Vs. Her Majesty's Revenue ...

Court : House of Lords

Subject : Land Acquisition

the 1988 Act, namely section 347(1) of the Income Tax Act 1952, sections 39(1) and 64(1) of the Finance Act 1965, section 497(1) of the Income and Corporation Taxes Act 1970, and section 100(1) of the Finance Act … That conclusion seems to be reinforced when one looks elsewhere in the 1988 Act. 44. The provisions of Chapter V of Part VI of the 1988 Act, which contain sections 238 to 246, are concerned with "Advance Corporation

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 … that the agricultural land sold by the assessee, which is situated in village Dera Mandi, Tehsil Mehrauli, Delhi, is not liable to long term capital

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 … that the agricultural land sold by the assessee, which is situated in village Dera Mandi, Tehsil Mehrauli, Delhi, is not liable to long term capital

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 … making adjustments to arrive at the figure of Rs. 3,29,008, the Income-tax Officer took into account three items, viz., (1) profit on sale of imported chemicals - Rs. 3,501; (2) nomination premium - Rs. 1,54,898; and (3)

Jayantilal Dharamsi and ors. Vs. Board of Trustees of Port of Bombay

Court : Mumbai

Subject : TenancyConstitution

Acts : Major Port Trusts Act, 1963 - Sections 33, 34, 49 and 52; Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 4(1); Constitution of India - Articles 14 and 19

Reported in : 1991(2)BomCR283; (1990)92BOMLR596

brief : to acquire and own property - moveable as well as immoveable, to employ personnel, to raise finance by taxes, port-fees, pilotages from the units availing of the services rendered by the BPT to raise loans … like Bombay, on the basis of land and building sale transactions from 1970 onwards, and prevailing price of sale transactions in respect of land and … report on December 25, 1980. They explained their approach and methodology in Chapter III. It was made clear that the complexity of the assignment involved … in the rent payable by the petitioners. Affairs of the BPT are regulated by the Major Port Trust Act, 1963 (MPT Act). The BPT's real estate, including structures, covers an area of about 720 hectares. The land … it inserted an advertisement which was published in various newspapers including The Times of India issue dated

Gopal Srinivasan Trust Vs. Assistant Director of Income-tax

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (1993)46ITD157(Mad.)

income were the total income of an association of persons. (b) In Section 164(1) as substituted by the Finance Act, 1970, the income received by the trustees of a discretionary trust was chargeable at the rate of sixty five … even gross total income, but total income which can be arrived at only after applying the provisions of Chapter VIAof theAct.Itshould, therefore, follow that the assessees before us are entitled to the benefit of Section 80L.In this … relied upon the ruling in the Bombay High Court case of CIT v.Marsons Beneficiary Trust [1991] 188 ITR 224. It should, therefore, follow that the

Commissioner of Income-tax Vs. Navabharat Enterprises (P.) Ltd.

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act 1961 - Sections 6, 28, 29, 30, 31, 32, 33, 33A, 34, 35, 35B, 35B(1), 36, 37, 37(1), 37(2), 37(2A), 37(2B), 37(4), 38, 39, 40, 41, 42, 43A, 260 and 260(1)

Reported in : (1987)62CTR(AP)189; [1988]170ITR332(AP)

the assessee other than, out of an entertainment allowance paid to him by the assessee. Then, by the Finance Act, 1970, Parliament further introduced sub-section (2B) in section 37 removing the last vestige. While introducing the Finance Bill, the … compendious phrase 'in the nature of entertainment expenditure' in sub-sections (2), (2A) and (2B) of section 37(1). 17. Chapter IV of the Act deals with the computation of total income under different heads of income. Part A … the circumstances of this case, the expenditure of RS. 893 paid to various clubs by the assessee for the purpose of entertaining foreign guests is

Commissioner of Income Tax Vs. Jindal Exports Ltd. and ors.

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 2(1), 2(43), 16(3), 24(2), 90, 90A, 91, 115J, 115JA, 115JA(1), 115JAA, 115JAA(1), 115JAA(2), 115JAA(4), 115JAA(5), 119, 139, 140A, 140A(1), 142, 143, 143(1), 144, 147, 148, 154, 155, 158BC, 207, 208, 209, 209(1), 210, 215(2), 234A, 234B, 234B(1), 234B(2), 234C, 234C(1), 245D(4), 245D(6), 250, 254, 260, 262, 263 and 264; Finance Act, 2006; Direct Tax Laws (Amendment) Act, 1987; Finance Act, 1997; Finance (No. 2) Act, 1996

Reported in : (2009)221CTR(Del)8; [2009]314ITR137(Delhi); [2009]179TAXMAN391(Delhi)

Section 234C(1) of the IT Act, 1961 (hereinafter referred to as 'the said Act') by virtue of the Finance Act, 2006, w.e.f. 1st April, 2007. According to the learned Counsel for the appellant/Revenue, after the said amendments, there … set off prior to the computation of interest under Sections 234B and 234C.10. Referring to the provisions of Chapter XVII-C relating to advance tax, it was submitted by the learned Counsel for the Revenue that Section 207 … the IT Act, 1961 (hereinafter referred to as 'the said Act') by virtue of the Finance Act, 2006, w.e.f. 1st April, 2007. According to the

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 :-- … George Vadakkel, J.1. The ambit of the proviso to Article 276(2) of the Constitution

Commissioner of Income Tax Vs. Bhavnagar Bone and Fertiliser Co. Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24), 28 and 260(1); Finance Act, 1971 - Sections 2(6)

Reported in : (1987)59CTR(Guj)116; [1987]166ITR316(Guj)

of the Financed Act so as to qualify for lower rate of tax as stipulated under the said Finance Act.' It was the duty of the Tribunal to discuss the evidence which was led by the assessee-company and … of the assessee-company passed on April 21, 1954. However, the shares were not issued and on June 22, 1970, the board of directors of the assessee-company resolved that the aforesaid credit balance be transferred to the Profit … income of the previous year (as computed before making any deduction under Chapter VI-A of the Income-tax Act) is not less than fifty one per … immaterial whether or not Rs. 89,888 could be said to be the value of any benefit or perquisite arising from the business of the assessee.