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Commissioner, Income-tax Vs. Ashok Kumar Manibhai Patel and Co.

Court : Madhya Pradesh

Subject : Direct Taxation

Reported in : (2008)214CTR(MP)344; [2009]317ITR386(MP)

effect from April 1, 1976, while Sub-section (2B) was inserted with effect from April 1, 1970 by the Finance Act, 1970. As earlier stated, these cases relate to the period prior to April 1, 1976, from which date Explanation … that in the fact and circumstances of the case, the Commissioner ignored the provisions of explanation 2 to Section 37(2A) of Income-tax Act 2. The facts which are essential to be stated are that the assessee is a

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 … 30 to 36 of the Act, but have been referred to on account of reference made thereto under Section 37 of the Act which is important for our purpose. In order to appreciate the arguments advanced on behalf

Commissioner of Income-tax Vs. Upper Ganges Sugar Mills Ltd.

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Section 37, 37(4) and 80G; ;Finance Act, 1970

Reported in : (1993)114CTR(Cal)375,[1994]206ITR215(Cal)

1977-78. The Revenue's case as urged before us is that Sub-section (4) of Section 37 inserted by the Finance Act, 1970, with effect from April 1, 1970, has imposed a blanket prohibition against the allowance of any expenditure incurred

Kesoram Industries and Cotton Mills Ltd. Vs. Commissioner of Income-ta ...

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 37(4), 45, 80J, 80K and 80M; ;Finance Act, 1970

Reported in : [1991]191ITR518(Cal)

place an effective check on lavish expenditure on maintenance of guest houses, Section 37(4) was inserted by the Finance Act, 1970, for disallowance altogether of expenditure incurred after February 28, 1970, on the maintenance of guest houses other than

Commissioner of Income-tax Vs. Khem Chand Bahadur Chand

Court : Punjab and Haryana

Subject : Direct Taxation

Acts : Indian Income Tax Act, 1922 - Sections 10(2); Income Tax Act, 1961 - Sections 37(1), 37(2), 37(2A) and 37(2B)

Reported in : [1981]131ITR336(P& H)

designedly on the indiscriminate allowance of such entertainment expenditure. The first of such restrictions was introduced by the Finance Act of 1961 (vide Section 6 of the Finance Act, 1961, with effect from April 1, 1962) in the … the phrase 'in the nature of entertainment expenditure' designedly employed by the Legislature in Sub-sections (2) and (2A)of Section 37 of the I.T. Act, 1961, is the somewhat ticklish question which has necessitated this reference to the Full … Haryana and the Union territory of Delhi. For the relevant assessment year 1970-71, the ITO computed the total income of the assessee at Rs. 61,173

income-tax Officer Vs. Pratappur Sugar and Industries

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (1985)13ITD753(Kol.)

disposing of the appeal by the revenue. It is stated that the above sub-section was inserted by the Finance Act, 1983, with retrospective effect from 1-4-1979, as relied on by the revenue. It is prayed that the above … by the department, there is a mistake apparent on record inasmuch as the provision of Sub-section (5) of Section 37 of the Income-tax Act, 1961 ('the Act') concerning the guest-house expenses have not been considered while disposing of

Greaves Cotton and Co. Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 30 to 36, 37, 37(1), 37(4), 37(5), 80VV and 256(1); Finance Act, 1983

Reported in : (2006)201CTR(Bom)544; [2005]279ITR42(Bom)

as follows (headnote):'Sub-section (5) of Section 37 of the Income-tax Act, 1961, which has been inserted by the Finance Act, 1983, with retrospective effect from April 1, 1979, has clarified that accommodation maintained by an assessee to provide … an assessee on maintenance of any residential accommodation in the nature of a guest house after February 28, 1970, and since the assessment year in question is 1986-87, the same was not allowed. Reliance was placed on

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

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

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)