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Aug 14 1996

In Re: Advance Ruling P. No. 10 of

Court : Authority for Advance Rulings

Decided on : Aug-14-1996

Subject : Direct Taxation

Reported in : (1997)224ITR473AAR

No. 10 of 1996 Vs.Income Tax Act, 1961 - Sections 161, 161(1), 161(1A), 164, 164(4), 166 and 245Q; Finance Act, 1970; Double Taxation Avoidance Agreement - Articles 5, 10(2) and 13 CIT (Addl.) v. Surat Art Silk Cloth Manufacturers … Appellants: In Re: Advance Ruling P. No. 10 of 1996 Vs.Income Tax Act, 1961 - Sections 161, 161(1), 161(1A), 164, 164(4), 166 and 245Q; Finance Act, 1970; Double Taxation Avoidance Agreement - Articles 5, … Ruling P. No. 10 of 1996 Vs.Income Tax Act, 1961 - Sections 161, 161(1), 161(1A), 164, 164(4), 166 and 245Q; Finance Act, 1970; Double Taxation

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Sep 14 1995

D.L.F. United Ltd. Vs. Commissioner of Income-tax

Court : Delhi

Decided on : Sep-14-1995

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(1), (1A) and (14), 28, 40 and 64

Reported in : (1995)129CTR(Del)33; [1996]217ITR333(Delhi)

of the Explanationn to the definition of agricultural income in section 2(1A) of the Income-tax Act by the Finance Act, 1989, with retrospective effect from April 1, 1970, makes a difference to the approach to the answer to … facts and in the circumstances of the case, the compensation amounts of Rs. 70,371, Rs. 11,656 and Rs. 16,23,117 received by the assessed for the assessment years 1967-68, 1968-69 and 1969-70 for acquisition of its lands by

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Feb 03 1989

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

Court : Chennai

Decided on : Feb-03-1989

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 … Ratnam, J.1. At the instance of the assessee under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the following question has been referred … assessee, in addition to bank charges of Rs. 1,47,290, totalling to Rs. 16,35,946. Taking into account the average outstanding loans to the tanneries in the

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Jun 12 1991

Commissioner of Income-tax Vs. Chandrakant M. Tolia

Court : Chennai

Decided on : Jun-12-1991

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 68, 143(3), 147, 271, 271(1), 274(1), 274(2), 275, 297 and 297(2)

Reported in : (1991)96CTR(Mad)117; [1992]195ITR593(Mad)

concealment in the present case should be levied under section 271(1)(c) read with the Explanation introduced by the Finance Act, 1964. 11. According to learned counsel for the assessee, the Explanation to section 271(1)(c) would not be applicable … with effect from April 1, 1964. The Supreme Court decided Anwar Ali's case : [1970]76ITR696(SC) on April 29, 1970, i.e., six years after the introduction of the Explanation. Therefore, it is not correct to state that the … originally filed on January 21, 1964, admitting a total income of Rs. 16,448 and the assessment was finalised on a total income of Rs. 21,417.

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Dec 01 1977

The Commissioner of Income-tax, M.P., Nagpur and Bhandara Vs. Parmanan ...

Court : Madhya Pradesh

Decided on : Dec-01-1977

Subject : Direct Taxation

Acts : Finance Act, 1960 - Sections 2(6); Income Tax Act, 1922 - Sections 2(6AA), 14(2) and 16(1)

Reported in : AIR1978MP80; [1979]119ITR219(MP); 1978MPLJ355

in the case of each partner by including the special surcharge of Rs 32,400 in accordance with the Finance Act, 1960 (Act No. 13 of 1960). On behalf of the assessee it had been contended that the exemption … dispute before us that the only provisions relevant for our purpose are Section 2 (6AA); Section 14(2)(aa); and Section 16(1)(a) of the Income-tax Act, 1922, in addition to the provisions of the Finance Act, 1960. The dispute really

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May 25 1973

The Indore Malwa United Mills Ltd. and ors. Vs. Union of India and ors ...

Court : Delhi

Decided on : May-25-1973

Subject : Labour and Industrial

Acts : Industrial (Development and Regulation) Act, 1951 - Sections 15; Sick Textile Undertaking Taking Over of Management Act, 1972 - Sections 2; Evidence Act, 1872 - Sections 51; Constitution of India - Article 14

Reported in : ILR1974Delhi311

has two of its nominees on the Board of Directors and also there was nominee of the M.P. Finance Corporation in connection with the loan of Rs. 10 lakhs given by the Corporation, and also further as … of losses to the tune of 137 lakhs in the year ending 1970. The position continued to get worse in 1971 and the losses piled … Government is of opinion that: (a) an industrial undertaking to which directions have been issued in pursuance of section 16 has failed to comply with such direction, or (b) an industrial undertaking in respect of which an investigation … the constitutional validity of the Sick Textile Undertaking (taking over of Management) Act, 1972 (hereinafter called the impugned Act) and the impugned Order, under Section

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Oct 11 1974

imperial Chemical Industries Ltd. Vs. Income-tax Officer, 'B' Ward and ...

Court : Kolkata

Decided on : Oct-11-1974

Subject : Direct Taxation

Acts : Constitution of India - Article 226; ;Income Tax Act, 1961 - Sections 52 and 147; ;Gift Tax Act

Reported in : [1978]111ITR614(Cal)

1959 the structure of Indian taxation regarding the grossing up of dividends was radically changed and by the Finance Act, 1959, the system of grossing up of dividends (under Sections 16(2) and 18(5) of the 1922 Act) was … Court which was rejected by the Tribunal on the 28th of July, 1969. On the 8th of September, 1970, an order was made by this High Court directing the Tribunal to refer certain questions of law in … a total income of Rs. 1,08,90,033. In response to the notice Under Section 143(2), Shri Gangadharan of the Co. was present. I have discussed the

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Apr 12 1994

Commissioner of Income-tax Vs. Ambalal Kilachand and (Late) Tulsidas K ...

Court : Mumbai

Decided on : Apr-12-1994

Subject : Direct Taxation

Acts : Finance Act, 1972; Income Tax Act, 1961 - Sections 5, 5(1), 90, 91, 194 and 198

Reported in : (1995)124CTR(Bom)252; [1994]210ITR844(Bom)

United Kingdom has undergone some modifications in 1965. There has been a further change by reason of the Finance Act of 1972 of the United Kingdom. In the case of CIT v. Blundell Spence and Co. Ltd. : … paid the corresponding tax to the United Kingdom treasury on the dividends so received. For the assessment years 1970-71 to 1974-75 (which are the concerned assessment years), the assessee received the following amounts which are, for the … of the Tribunal, the following question has been referred to us under section 256(1) of the Income-tax Act, 1961 : 'Whether, on the facts and … a Division Bench of this court had considered the provisions of sections 16(2), 18(5) and 49B of the Indian Income-tax Act, 1922. In this case,

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Apr 13 1992

E. Krishna and ors. Vs. Director General, Indian Council of Medical Re ...

Court : Andhra Pradesh

Decided on : Apr-13-1992

Subject : Labour and Industrial

Acts : Constitution of India - Article 12; Industrial Disputes Act - Sections 9-A

Reported in : (1993)IILLJ239AP

additional regular posts may be created to the barest minimum necessary with the concurrence of the Ministry of Finance. It further directed that regularisation of services of casual workers will continue to be governed by the instructions … approach the Labour Commissioner. As there is an efficacious alternative remedy under the Contract Labour (Regulation & Abolition) Act, 1970, a writ petition is not maintainable. He also contends that the writ petitions are liable to be dismissed … 12 petitioners. The Writ Petition No. 9897 of 1991 is filed by 16 petitioners. The Writ Petition No. 10272 of 1991 is filed by 7 … established legal position. The court also found that such a change offends Section 9-A of the Industrial Disputes Act and it is ab initio void.

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Nov 30 1995

Commissioner of Income-tax Vs. Malhotra Cold Storage and Fruit Industr ...

Court : Allahabad

Decided on : Nov-30-1995

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 271(1); Finance Act, 1964

Reported in : (1996)132CTR(All)345; [1996]219ITR131(All); [1996]86TAXMAN1(All)

income. ...' 11. Section 271(1)(c) of the Act as originally indicated was to the same effect. By the Finance Act, 1964, however, the word 'deliberately' occurring in Clause (c) was omitted and the Explanation abovementioned was added. 12. … mind, comes to the conclusion that the assessee has discharged the onus, it becomes a conclusion of fact. 16. A similar view was reiterated by the Supreme Court in CIT v. K. R. Sadayappan : [1990]185ITR49(SC) and

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