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Jaswant Sugar Mills Ltd. Vs. Union of India (Uoi) and ors.

Court : Allahabad

Subject : ExciseCivil

Acts : Essential Commodities Act - Sections 3; Levy Sugar Supply (Control) Order, 1972; Central Excise Act, 1944; Additional Duties of Excise (Goods of Special Importance) Act, 1957; Finance Act, 1970 - Sections 32 and 35; Constitution of India - Article 226

Reported in : 1984(3)ECC355; 1983(13)ELT920(All)

under the Additional Duties of Excise (Goods of Special Importance) Act, 1957. Sections 32 and 35 of the Finance Act, 1970, fixed the rate of excise duty at 30 per cent ad valorem and additional excise duty at 74 … Road, Meerut. The Central Government by its order dated 15th June, 1972, in exercise of powers conferred by Section 3 of the Essential Commodities Act, promulgated Levy Sugar Supply (Control) Order, 1972, and for the sugar produced

Commissioner of Income-tax, Delhi-i Vs. Bharat Ram Charat Ram P. Ltd.

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 17(1), 35(1), 40, 40A(5), 80B, 80E, 80-I, 80M, 80AA, 85A and 256(1)

Reported in : (1985)47CTR(Del)5; [1986]157ITR199(Delhi)

and re-enacted as section 80-I. The history of this enactment is that section 80E was inserted by the Finance Act of 1966 and then that section was replaced by section 80-I with effect from April 1, 1968, by … Income-tax References before this court relating to four assessment years 1966-67 to 1970-71. Some of the applications under section 256(1) of the Income-tax Act, 1961, … Whether, on the facts and in the circumstances of the case, the assessed was entitled to deduction under section 35(1)(iii) of the Income-tax Act, 1961, on account of rent paid by it on behalf of M/s. Shri Ram

Smt. Krishna Gupta Vs. Commissioner of Wealth-tax

Court : Punjab and Haryana

Subject : Direct Taxation

Acts : Finance Act, 1968; Wealth Tax Act, 1957 - Sections 18 and 18(1); Income Tax Act, 1961 - Sections 271

Reported in : [1992]198ITR171(P& H)

she had not reported the ownership of the New Delhi plot of land in a petition filed under Section 35 of the Act. On September 29, 1970, the Wealth-tax Officer wrote to the assessee, with reference to the … to be governed by the law as it existed prior to the amendment of Section 271(1)(c) by the Finance Act, 1964.Once the Explanation is held to be applicable to the case of an assessee, it straightaway raises three

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

Court : Chennai

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

V. Guruviah Naidu and Sons Vs. Commissioner of Income Tax

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 35B and 35B(1); Finance Act, 1970 - Sections 8

Reported in : [1995]216ITR156(Mad)

connection therewith', which expression was not originally there, but has been retrospectively inserted by s. 8 of the Finance Act, 1970. The legislature, however, carefully divided the qualifying expressions and while retrospectively inserting 'not being expenditure incurred in India … personal expenses of the assessee) referred to in cl. (b), he shall, subject to the provisions of this section, be allowed a deduction of a sum equal to one and one third times the amount of such … holding that the assessee was not entitled to weighted deduction under s. 35B(1)(b)(iii) of the IT Act, 1961, in respect of the expenditure incurred by

O.C. Corporation and ors. Etc. Etc. Vs. State of Bihar and ors.

Court : Patna

Subject : Constitution

have challenged the validity of the provisions ofSub-section (2a) and Sub-section (2b) of Section 31 of the Bihar Finance Act (hereinafter mentioned as the 'Act') and the rules framed there under on the following grounds:(i) 'The provisions of … brought into the State and being sent out of the State in excess of the quantity notified under Section 35 by every goods carrier of vessel and includes the transport of all goods even in inter-State trade through

Padmavati Jaykrishna Vs. Commissioner of Wealth-tax, Gujarat Iii

Court : Gujarat

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 5(1), 29, 32, 35 and 35(1); Finance Act, 1971 - Sections 32

Reported in : [1976]105ITR115(Guj)

. The Tribunal, therefore, by its order confirmed the order of the Appellate Assistant Commissioner. However, by the Finance (No. 2) Act of 1971, there was an amendment made in the Wealth-tax Act and section 5(1)(viii) has … in respect of jewellery while disposing of the appeal on October 16, 1970 ?' 2. At the time of hearing of this reference, the learned … B.K. Mehta J.1. This reference raises a shorts but interesting question about the powers of the Tribunal under section 35 of the Wealth-tax Act. Though the question is a short one its application has always posed problems before

D.S. Chenai Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (1985)11ITD9(Hyd.)

the Wealth-tax Act which are dealt with in the rectificatory proceedings. He extracted the relevant clauses from the Finance Act, applicable for the assessment year 1970-71. The Commissioner (Appeals) held that as far as the assessment year 1970-71 … matter, it is better to have a fair account of the events which led to the application of Section 35 of the Wealth-tax Act, 1957 ('the Act'). For these five assessment years, originally, the assessments were completed on

J.M. Shah Vs. J.M. Bhatia, Appellate Assistant Commissioner of Wealth- ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 154; Wealth Tax Act, 1957 - Sections 5, 5(1), 17, 18A, 18A(5), 25, 32, 35 and 35(1)

Reported in : [1974]94ITR519(Bom)

therein with effect from the 1st day of April 1972. In view of the enactment of the said Finance Act, the petitioner was served with a notice dated 25th January, 3rd February, 1972, to the effect that the … the value of Rs. 4,15,942 by the assessment order dated 11th February, 1970. From that assessment order, the present petitioner preferred an appeal to the … to the effect that the Appellate Assistant Commissioner proposed to rectify the wealth-tax assessment of the petitioner under section 35 of the Act, withdrawing the exemption already allowed to the petitioner in respect of jewellery and ornament. The

Commissioner of Income-tax Vs. Mico Products Pvt. Ltd.

Court : Mumbai

Subject : Direct Taxation

Acts : Finance Act, 1980; Constitution of India - Articles 14, 19(1)(8) and 226; Income Tax Act, 1961 - Sections 32, 32(1) and (2), 35, 35(1), (2), (2B), (B), B(2) and C(2)

Reported in : (1990)92BOMLR659; [1991]187ITR517(Bom)

regarding expenditure on scientific research was first felt in the U.K. after the Second World War. The U.K. Finance Act, 1944, gave for the first time a tax benefit in respect of expenditure on scientific research. The statement … used by the assessee for the first time during the calendar year 1970, being the previous year relevant to the assessment year 1971-72. Since these … entitled to depreciation on these items under section 32(1) of the Income-tax Act, 1961, even though deduction under section 35(1)(iv) and section 32(2)(ia) of the Income-tax Act, 1961, had already been allowed in the previous years in respect