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J. Raghottama Reddy, Vs. Income-tax Officer

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(1), 2(14), 2(24), 45, 47, 54B and 139(2); Constitution of India - Article 14; Finance Act, 1970

Reported in : [1988]169ITR174(AP)

the assessment year 1970-71, 'agricultural land in India' was excluded from the definition of 'capital asset'. By the Finance Act, 1970, however, sub-clause (iii) in clause (14) was substituted. For the words 'agricultural land in India', the following sub-clause … Parliament's power to tax the income is derived from entry 82 in the Union List of the Seventh Schedule to the Constitution, which reads 'taxes on income other than agricultural income'. In other words, Parliament is not

Prem Chand Vs. Commissioner of Income-tax, Andhra Pradesh, Hyderabad

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Finance Act, 1974

Reported in : (1984)41CTR(AP)162; [1984]148ITR440(AP)

apply (a higher) rate of tax as per Sub-para. II of Para A of Schedule I to the Finance Act, 1974, as in his opinion there was at least one member of the HUF having an income exceeding … wife is Smt. Janaki Bai and they have a son. There was a registered partition, dated October 27, 1970, among them in which the joint family properties were divided and as the parties belong to the Benaras

Madras Aluminium Co. Ltd. and anr. Vs. Union of India (Uoi)

Court : Chennai

Subject : Excise

Acts : Indian Tariff Act, 1934 - Sections 2A; Central Excise Act, 1944 - Sections 3(1) and 26B(2); Finance Act, 1969 - Sections 30; Indian Contract Act - Sections 72; Limitation Act, 1908 - Schedule - Article 96; Customs Act - Sections 27; Finance Act, 1970 - Sections 32; Orissa Sales tax (Amendment) Act, 1958 - Sections 9B, 9B(32) and 14A; Constitution of India - Articles 19(1), 19(6), 226, 265 and 301; Central Excise Rules - Rules 9, 10, 11, 27 and 173J

Reported in : 1990LC607(Madras); 1980CENCUS50D; 1981(8)ELT478(Mad)

(aa) in item 27 of the First Schedule to the Central Excises and Salt Act, 1944 by the Finance Act of 1969.8. By show cause notice dated 14-9-1974, the Assistant Collector of Central Excise called upon Malco to … High Court of Gujarat by its judgment dated 18-3-1972 in Special Civil Appln. Nos. 909 to 911 of 1970 (Prem Conductors Pvt. Ltd. v. Asstt. Collector of Customs) held that 'in respect of electrolytic aluminium rods other

Jeewanlal (1929) Ltd. Vs. Income-tax Officer, J-ward and anr.

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Section 154; ;Finance Act, 1965 - Section 2(5)

Reported in : [1979]118ITR946(Cal)

entitled to rebate under para. F(I)(b)(ii)(a) of Part I of the First Schedule to the said Finance Act, 1965. I will refer to the relevant … was contended alternatively that the petitioner was entitled to certain deductions as provided under Section 2(5)(a)(i) of the Finance Act, 1965, as the said receipts were income or profits derived from export of goods or merchandise out of … Article 226 of the Constitution with the question relating to the assessment year 1965-66. On the 18th March, 1970, the ITO made an assessment for the said year. In the assessment the petitioner had contended that the

Union of India Vs. Harbhajan Singh Dhillon

Court : Supreme Court of India

Subject : Media and CommunicationConstitution

Acts : Finance Act, 1969 - Sections 24 ; Wealth Tax Act, 1957; Constitution of India - Articles 246 and 248

Reported in : AIR1972SC1061; [1972]83ITR582(SC); (1971)2SCC779; [1972]2SCR33

1970, which was heard by a Bench of five Judges. Four Judges held that Section 24 of the Finance Act, 1969, insofar as it amended the relevant provisions of the Wealth Tax Act, 1957, was beyond the legislative … that the impugned Act was not a law with respect to entry 49 List II of the Seventh Schedule to the Constitution; in other words, it held that this tax was not covered by entry 49 List

Das Agencies and anr. Vs. State of Kerala

Court : Kerala

Subject : Sales Tax

Reported in : [1988]69STC44(Ker)

to as 'the Act'. They challenge Sub-section (2A) of Section 5 of the Act introduced by the Kerala Finance Act 18 of 1987.3. Subject to the exceptions mentioned in the proviso, Clause (i) of Sub-section (2A) imposes what … AIR 1974 SC 2272 related to the validity of Section 2(1) of the Tamil Nadu Additional Sales Tax Act, 1970 as per which an additional tax at the rate of 5 per cent on the tax payable by … centum on the turnover of goods coming under the First or Fifth Schedule to the Act of every dealer whose total turnover in a year

Commissioner of Income-tax, Gujarat I Vs. Ahmedabad Manufacturing and ...

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 30, 34, 37, 40, 147 and 148; Finance Act, 1965

Reported in : [1977]106ITR159(Guj)

purpose of taxation. He further held that rebate under clause 1(b)(ii) of Paragraph F of Schedule I of Finance Act, 1965, had been wrongly allowed at the rate of 35 per cent. in the original assessment order but … proceedings under section 147(b) to withdraw the education cess allowance. These reassessment proceedings were initiated on March 31, 1970, by issuing the appropriate notice under section 148. In the reassessment order which was passed by the Income-tax

income-tax Officer Vs. Surjan Singh

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1983)3ITD438(Delhi)

Section 2(14), Sub-clause (iii), which actually excludes agricultural land in India has undergone a vital change by the Finance Act, 1970. The original provision merely mentioned the exclusion of agricultural land in India but with effect from 1-4-1970 Clause … arguments already advanced, contended that the subject of local self-government is covered by List 2 of the Seventh Schedule of the Constitution of India and the Delhi Panchayat Raj Act as well as the Delhi Land Reforms

Commissioner of Income-tax Vs. New India Industries Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 6, 9, 10, 12, 14, 17, 17(1), 17(3), 22, 28, 30, 31, 32, 32(1), 33, 34, 35, 36, 36(1), 37, 37(1), 38, 38(2), 39, 40, 41(1) and 80J

Reported in : (1992)106CTR(Guj)374; [1993]201ITR208(Guj)

in clause (h) of rule 2 of Part A of the Fourth Schedule.' The aforesaid sub-clause (iii) came to be omitted by the Finance Act, … two statutory provisions. Section 40(c)(iii) being relevant for the assessment year 1968-69 which was originally introduced by the finance Act, 1963, is as under : '40. Amounts not deductible. - Notwithstanding anything to the contrary in sections 30 … public limited company manufacturing yard, heads, reeds, cameras and photographic paper The relevant assessment years are 1968-69, 1969-70, 1970-71 and 1971-72. (ii) For assessment year 1968-69, the Income-tax Officer applied the provisions of section 40(c)(iii) of the

Tara Singh Vs. Dy. Commissioner of Wealth Tax

Court : Income Tax Appellate Tribunal ITAT Amritsar

Subject : Land Acquisition

Reported in : (2006)97ITD482(Asr.)

agricultural land did not extend to the State of J&K.Therefore, proviso to sub-clause (2) of clause (e) vide Finance Act, 1970, with retrospective effect from 1-4-1969 was introduced which excluded the levy of wealth-tax in respect of agricultural property … that assessee as an urban asset but exemption was granted because it was exempt under para A(2) of Schedule I, Part I of the Wealth Tax Act. In the present Schedule I Part I there is no such