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Britannia Industries Ltd. Vs. Commissioner of Income Tax, West Bengal, ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 30 to 36, 37, 37(1), 37(3), 37(4), 37(5) and 80B; Finance Act, 1964 - Sections 37(3); Finance Act, 1970; Finance Act, 1997; Finance Act, 1983 - Sections 37

Reported in : AIR2005SC4333; (2005)198CTR(SC)313; [2005]278ITR546(SC); JT2005(12)SC98; 2005(8)SCALE148; (2006)1SCC646

omitted by the Finance Act 1997 with effect from 1st April, 1998.Similarly Sub-section (4) was inserted by the Finance Act 1970 with effect from 1st April, 1970 and was, thereafter, omitted by the Finance Act 1997 with effect from … premises paid in respect of insurance against risk of damage destruction of the premises.4. In the explanation to Section 30, it has been indicated that the amounts paid on account of the items indicated above shall not include

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 … is fed into a series of rollers having reducing diameter. The cross section of the emerging rod is now approximately circular and the diameter is … the above-mentioned rods. The Inspector of Central Excise by his letter dated 30-1-1967 replied that the Superintendent of Central Excise has given the following orders-'Extruded

Jayant Verma . Vs. Union of India

Court : Supreme Court of India

Subject : Land Acquisition

was concerned with a challenge to the constitutional validity of Section 20 of the Kerala Debt Agriculturists Relief Act, 1970, which entitled debtors to recover properties sold to purchasers in execution of decrees. This Court, after referring to … have been unsuccessfully challenged in this Court, and are referable to Entry 30, List II of the Seventh Schedule to the Constitution. He referred to … national importance. Entry 12 of List II reads as under:-“12. Libraries, museums and other similar institutions controlled or financed by the State; ancient and historical monuments and records 86 other than those declared by or under law

Test Claimants in the Franked Investment Income Group Litigation Vs. C ...

Court : UK Supreme Court

Subject : Land Acquisition

such cases: para 260. It was not open to the Revenue to rely on section 320 of the Finance Act 2004 ("Section 320 FA 2004") or section 107 of the Finance Act 2007 ("Section 107 FA 2007") to … FA 2004 and 107 FA 2007 (issues 20 and 21); and that section 33(2A) of the Taxes Management Act 1970 ("TMA") (issue 23), which excludes relief under that section where Case V corporation tax has been paid under … Cases C-397/98 and C-410/98) [2001] Ch 620] and the ACT Group Litigation." 30. Since 1973 the BAT group has gone through various structural changes (summarised

South Eastern Coalfields Ltd. Vs. Jt. Cit

Court : Income Tax Appellate Tribunal ITAT Nagpur

Subject : Direct Taxation

Reported in : (2002)77TTJ(Nag.)401

confirmed the disallowance made by the assessing officer considering that the provisions of section 37(4) introduced by the Finance Act, 1970 with effect from 28-2-1970, specifically and expressly prohibits allowance of any expenditure on the maintenance of a guest-house … counsel for the assessee has submitted before us that the same is allowable under the specific provisions of section 30 and, therefore, deduction in respect of the same cannot be disallowed under the provisions of section 37(4) which

Mahindra and Mahindra Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (1997)61ITD129(Mum.)

place an effective check on lavish expenditure on maintenance of guest houses, section 37(4) was inserted by the Finance Act, 1970. This section is reproduced here as under : "(4) Notwithstanding anything contained in sub-section (1) or sub-section (3) … house, that was confirmed by the first appellate authority by rejecting the contention that rent was allowable under section 30 and in respect of the maintenance expenses under section 31, and, therefore, neither section 37(3) of the Income-tax

South Eastern Coalfields Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Nagpur

Subject : Direct Taxation

Reported in : (2003)260ITR1(Nag.)

also confirmed the disallowance made by the AO considering that the provisions of Section 37(4) introduced by the Finance Act, 1970 w.e.f. 28th Feb., 1970, specifically and expressly prohibits allowance of any expenditure on the maintenance of a guest-house … counsel for the assessee has submitted before us that the same is allowable under the specific provisions of Section 30 and, therefore, deduction in respect of the same cannot be disallowed under the provisions of Section 37(4) which

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. … in 1940. The son received a sum of 48,765 being the original 30,000 and bonuses under the policy. The question for consideration was whether the

M/S. L and T Komatsu Ltd., Bangalore, Rep. by Its Assistant General Ma ...

Court : Karnataka

Subject : Land Acquisition

the Government and it is in accordance with law. 11. The Union Finance Minister in his budget placed before the Parliament in 2001 has laid … notification dated 1.8.2001 by which the notification issued under Section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970 (for short hereinafter referred to as ‘the Act’) came to be rescinded and also the declaration granted by … matter of any review. He further pointed out that this Act has an overriding effect by virtue of Section 30 which contains non-obstante Clause and declares that all bye-laws and agreements inconsistent with this Act would not affect

Eicher Tractors Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2003)84ITD49(Delhi)

the assessee, include also the rent paid in respect of such accommodation." 3. Section 37(4) was inserted by Finance Act, 1970, w.e.f. 1st April, 1970, and in the memo explaining the provisions the intention of the legislature is set … business or profession shall be computed in accordance with the provisions contained in Sections 30 to 43D; (ii) Section 30 deals with the deductions on account of rent, rates, taxes, repairs, etc.; (in) Section 37 was a general