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Mr. Pallonji M. Mistry (Decd.), Executrix of His Estate, Mrs. Dhun R. ...

Court : Mumbai

Subject : Direct Taxation

Acts : Registration Act; Maharashtra Apartment Ownership Act, 1970; Transfer of Property Act; Income Tax Act, 1961 - Sections 22, 27, 56 and 146(3); Finance Act, 1987 - Sections 27; Income Tax Act - Sections 9(1); Maharashtra Apartment Rules, 1972

Reported in : 2009(4)BomLR1497; (2009)227CTR(Bom)592; [2009]319ITR167(Bom); [2009]178TAXMAN341(Bom)

not warranted.While so holding, it also noted the amendment carried out to Section 27 of the Act by Finance Act, 1987 by substituting some of the clauses with effect from 1.4.1988. The court addressed to itself, a question … appeal on behalf of the assessee, an emphasis was led on the provisions of the Maharashtra Apartment Ownership Act, 1970 and the Maharashtra Apartment Rules, 1972. Based on this act and rules, it was contended that the transfer … Tax Act. What is to be considered for the purpose of Income Tax Act are the provisions of Section 22 of the Act of 1963. In support thereof, the learned Counsel has placed reliance on the judgment of

Additional Commissioner of Income-tax Vs. Burugupalli China Krishnamur ...

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 271(1) and 274(2)

Reported in : [1980]121ITR326(AP)

now examine the question as to whether the Explanation to Section 271(1)(c), which has been inserted by the Finance Act, 1964, with effect from April 1, 1964, has changed the content and concept of penalty and the onus … income or furnished inaccurate particulars of such income for the purposes of Clause (c) of this sub-section. ' 22. From a close reading of the provisions of this Explanation, we have no hesitation to hold that the

Commissioner of Income-tax Vs. Pulikkal Medical Foundation Pvt. Ltd.

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10(22) and 10(22A); Taxation Laws (Amendment) Act, 1970

Reported in : [1994]210ITR299(Ker)

the judgments interpreting Section 10(22A) have considerable relevance in interpreting Section 10(22A). Section 10(22A) was inserted by the Finance Act, 1970, with effect from April 1, 1970. The Notes on Clauses of the Bill relating to the insertion of … of any person, any income falling within any of the following clauses shall not be included- (1 to 22 omitted) (22A) any income of a hospital or other institution for the reception and treatment of persons suffering

Assistant Commissioner Of Income Tax (exemptions) Vs. Ahmedabad Urban ...

Court : Supreme Court of India

Subject : Land Acquisition

of certain exemptions: Section 10 (20A) and Section 10 (23) 24. Section 10(20A) had been inserted by the Finance Act, 1970, w.e.f. 01.04.1962; it exempted certain classes of income earned by housing boards, etc., and before deletion read as … Amendments to Section 2 (15) by Finance Act, 2008 (w.e.f. 01.04.2009) ................................................ 21 II. Submissions of parties ................................................................................................................................. 22 A. Arguments on behalf of the revenue.......................................................................................................... 22 B. Arguments of the assessee-organizations ................................................................................................. 26 C. Revenue’s rebuttal

Birla Vidhya Vihar Trust Vs. Commissioner of Income-tax, Central I

Court : Kolkata

Subject : Direct Taxation

Acts : Indian Income Tax Act, 1922 - Section 10(22); ;Income Tax Act, 1961 - Section 10(1) and 10(22)

Reported in : (1981)24CTR(Cal)307,[1982]136ITR445(Cal)

year of any person' with the purpose of the introduction of Sub-section (22A) in Section 10 by the Finance Act, 1970, as explained. In this case the Tribunal had emphasised that the trust, which is the assessee, had its … depreciation, we decide this point in favour of the assessee for the reasons mentioned by us in para. 22 of the Tribunal's order dated 29-6-1976 in the case of Birla Sanskriti Trust. As pointed out therein, there

Virtual Soft Systems Ltd. Vs. Commissioner of Income Tax, Delhi-i

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28(1), 48, 143, 143(1), 143(1A), 260A, 271 and 271(1); Finance Act, 1975; Finance Act, 2002 - Sections 271; Taxation Laws (Amendment) Act, 1975; Finance Act, 1993; Finance Act, 1992; Finance Act, 1951; Income Tax Act, 1922 - Sections 23(5), 28 and 28(1); Constitution of India - Article 20(1)

Reported in : (2007)207CTR(SC)733; [2007]289ITR83(SC); JT2007(3)SC125; 2007(2)SCALE612; (2007)9SCC665

the Punjab and Haryana High Court pertaining to the assessment year 1970-71 was prior to the amendment of Finance Act, 1975 and therefore, was not applicable. For the same reason, the decision of this Court in affirming the … Court of Delhi against the order passed by the Income Tax Appellate Tribunal (for short 'the Tribunal') under Section 260A of the Income Tax Act. Assessee also filed ITA No. of 2004 being aggrieved against a part

Shree Education Society Vs. Assistant Director of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2003)85ITD288(Kol.)

the previous year of any person" with the purposes of introduction of Sub-section (22A), Section 10 by the Finance Act, 1970.It is not the entirety of the income of the recipient--the trust in this case--but the income of … cited the verdict of Hon'ble Supreme Court in the case the Aditanar Educational Institution v. Addl. CIT (1997) 224 ITR 310 (SC), in which it was held that an educational institution solely for educational purposes and not

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 … the Indian Income-tax and Excess Profits Tax (Amendment) Act (being Act No. 22 of 1947). Soon thereafter, the power of the Central Legislature to levy … account. Even otherwise, he is not an income-tax assessee. The Income-tax Officer, D-Ward, Nellore, issued a notice under section 139(2) of the Act, in response to which the petitioner filed a return declaring an income of Rs.

K.S. Digvijaysinhji Vs. Commissioner of Wealth-tax, Rajkot

Court : Gujarat

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 5, 5(1), 5(1A), 25(2) and 27(1)

Reported in : [1983]141ITR313(Guj)

included exceeds the limit shall be raised by the said amount.' 6. Sub-section (1A) was inserted by the Finance Act, 1970, with effect from April 1, 1971. Along with this sub-s. (1A), cls. (xxii) and (xxv), with which we

Union of India (Uoi) and anr. Vs. Azadi Bachao Andolan and anr.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 5, 6, 7, 10(1), 44, 51, 73, 90, 115A, 116, 119, 119(1), 119(2), 245O, 245S and 245R; Companies (Profits) Surtax Act, 1964; Evidence Act; Income Tax Act, 1922 - Sections 49A; Finance Act, 1972; Finance Act, 1991 - 90(1) and 90(2); Constitution of India - Articles 1, 2(2), 3, 4, 4.1, 4(3), 10, 11, 12, 13, 13(4), 14, 15, 16, 17, 18, 18(2), 20, 21, 22, 25, 28, 31B, 73 and 265; Central Excise Act, 1944 - Sections 5A; Central Sales Tax Act, 1956 - Sections 8(5); Customs Act - Sections 25; Economic Crime and Anti Money Laundering Act, 2000; Companies Act, 1984; Stock Exchange Act, 1988; Income Tax Law; Income and Corporation Taxes Act, 1970 - Sections 460; Wealth Tax Act - Sections 21(2)

Reported in : (2004)1CompLJ50(SC); (2003)184CTR(SC)450; [2003]263ITR707(SC); JT2003(Suppl2)SC205; 2003(8)SCALE287; (2004)10SCC1

1961 was introduced, Section 90 contained therein initially was a reproduction of Section 49A of 1922 Act. The Finance Act, 1972 (Act 16 of 1972) modified Section 90 and brought it into force with effect from 1.4.1972. The … the absence of any specific tax avoidance provision such as Section 460 of the Income and Corporation Taxes Act, 1970. In Ramsay and in Burmah the result of application of the principle was to demonstrate that the true … Teachers and Research Scholars in Article 21, and other income in Article 22.7. Article 13 deals with the manner of taxation of capital gains. It