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V.K. Prasad and ors. Vs. Union of India (Uoi) and ors.

Court : Kerala

Subject : Direct Taxation

Acts : Finance Act, 2001 - Sections 17, 17(2) and 295(2); Finance Rules - Rule 3; Constitution of India - Articles 14 and 245; Income Tax Rules, 1962 - Rule 3, 3(1) and 3(7); Income Tax Act, 1961 - Sections 17 and 17(2)

Reported in : [2004]271ITR178(Ker)

petition. The petitioners seek for a declaration that section 17(2)(vi) of the Income-tax Act as inserted by the Finance Act 2001, is illegal and violative of articles 19(1)(g) and 246 of the Constitution of India, and a declaration

Federal Bank Officers Association Vs. Union of India

Court : Kerala

Subject : Direct Taxation

Reported in : [2004]140TAXMAN173(Ker)

writ petition. Petitioners seek for a declaration that section 17(2)(vi) of the Income Tax Act as inserted by Finance Act 2001 is illegal and violative of articles 19(1)(g) and 246 of the Constitution of India, and a declaration … this contention to the decisions of the Supreme Court in Harakchand Ratanchand Banthia v. Union of India AIR 1970 SC 1453 (SC), Ajay Kumar Banerjee v. Union of India AIR 1984 SC 1130 and Devi Das Gopal

M. Ct. Muthiah and anr. Vs. Controller of Estate Duty

Court : Chennai

Subject : Property

Acts : Estate Duty Act, 1953 - Sections 2(15), 3(1), 5, 6, 15, 34(3) and 36

Reported in : [1974]44CompCas254(Mad); [1974]94ITR323(Mad)

paid in pursuance of the provisions of Section 5(1) was liable to estate duty. Section 2(1)(a) of the Finance Act, 1894 was held not applicable on the ground that the word ' passes ' in that section contemplates … death cannot be valued at Rs. 2,00,000.59. In Commissioners of Inland Revenue v. Graham decided on December 8 1970, the words ' at the time of death of the deceased ' in Section 7(5) ofthe U. K. … gratuity. The question for consideration was whether the death gratuity of 429 17s, 1 ld. paid in pursuance of the provisions of Section 5(1) was

Commissioner of Wealth-tax Vs. M.V. Rajamma

Court : Chennai

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 17 and 18(1)

Reported in : [1979]120ITR132(Mad)

under Section 17, the assessee filed a fresh return on 3rd March, 1970, and the assessment was completed on 30th June, 1970. In the wealth-tax … the levy of penalty was not in operation. Section 18 was again amended by Section 32 of the Finance Act of 1968 with effect from April 1, 1968. Under the provisions in force after that date, the minimum … assessment to income-tax, including the said sum of Rs. 30,655, became final and the WTO took proceedings under Section 17 of the W.T. Act and reopened the assessment made earlier on October 27, 1965, wherein there was a

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)

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 … in sub-clause (i) or any payment of tax referred to in sub-clause (vii) of clause (6) of that section 17 or in clause (v) of sub-section of that section or the amount of any compensation referred to in … 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

Geo Seafoods Vs. Additional Sales Tax Officer Iv and anr.

Court : Kerala

Subject : Sales Tax

Acts : Kerala General Sales Tax Act, 1963 - Sections 17 and 17(6); Finance Act, 1993; Kerala General Sales Tax Rules, 1963 - Rule 32(21)

Reported in : [2000]119STC236(Ker)

of the assessments, then the entire assessments will be bad and likely to be struck down. By the Finance Act, 1993, the Legislature amended Section 17 of the Act and included Section 17(6). under Section 17(6), the maximum

Agassi (Respondent) Vs. Robinson (Her Majesty's Inspector of Taxes) (A ...

Court : House of Lords

Subject : Land Acquisition

activity carried out by them within the United Kingdom. The relevant statutory provisions were first enacted in the Finance Act 1986, section 44, and Schedule 11 to that Act under which the 1987 Regulations were made. The 1988 … and Head but the Inspector of Taxes issued a closure notice (see section 28A(5) of the Taxes Management Act 1970) based on additional payments said to have been received by Agassi Inc. from Nike and Head. The closure … as if made under the 1988 Act (see Interpretation Act 1978 section 17(2)(b)). This tax appeal raises a point of construction of sections 555 and

Allahabad Bank Vs. Canara Bank and Another

Court : Supreme Court of India

Subject : BankingCompany

Acts : Companies Act, 1956 - Sections 19, 232(1), 442, 445, 446, 529A and 537; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18, 19, 20, 22, 25 and 34; Constitution of India - Articles 226, 227 and 323A; Banking Regulation Act, 1949 - Sections 5; Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970; Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 - Sections 3; Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Companies (Amendment) Act, 1960; Life Insurance Corporation Act, 1956 - Sections 15 and 41; Old Companies Act, 1913 - Sections 171; Banking Companies Act, 1949 - Sections 45C; Civil Procedure

Reported in : 2000(3)ALLMR(SC)475; 2000(2)CTC723; JT2000(4)SC411; 2000(3)SCALE169; (2000)4SCC406; [2000]2SCR1102; AIR 2000 SC 1535; MANU/SC/0262/2000

the Industrial Credit and Investment Corporation of India Ltd; (ii) the Industrial Finance Corporation of India; (iii) the Industrial Development Bank of India; (iv) the … Act, 1949, defines 'corresponding new banks' as Banks constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and Section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980. About 20 nationalised banks … Supreme Court and the High Court exercising powers under Articles 226, 227) in relation to matters covered by Section 17 and that Section 17 covers the entire procedure from the filing of an application under Section 19, to

Transport for London (London Underground Limited) (Appellants) Vs. Spi ...

Court : House of Lords

Subject : Land Acquisition

was not wholly novel in this country, as demonstrated by Lloyd George’s increment value duty introduced by the Finance (1909-10) Act 1910; the intricacies of that long-defunct tax explain why, surprisingly, it was the Revenue that was … statutory assumptions, namely, an assumption that planning permission for the land in accordance with a certificate issued under section 17 of the Act would have been granted, might have been relevant but, in the event, was not (see … but for the compulsory acquisition (in what has been called since the 1970s, in the jargon of compulsory acquisition compensation claims, “the no-scheme world”) planning

Devichand Bastimal and Bhanwarlal Manakchand Vs. Commissioner of Incom ...

Court : Rajasthan

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 37(2B)

Reported in : (1985)49CTR(Raj)43; [1985]156ITR166(Raj); 1985(1)WLN616

of Act No. 66 of 1976, with effect from April 1, 1977. Thereafter, by Section 17 of the Finance Act, 1983 (Act No. XI of 1983), Section 37 of the Act was amended. The material part of Section … the references and Mr. J. P. Joshi for the Revenue,5. By Section 10 of Act No. XIX of 1970, the following Section 37(2B) was inserted with effect from April 1, 1970:' Notwithstanding anything contained in this section,