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Chandigarh Distillers and Bottlers Ltd. and Patiala Distilleries and M ...

Court : Punjab and Haryana

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 44AC, 44AC(1), 206C, 206(1) and 226(3); Punjab Excise Act, 1914; Punjab Liquor Licence Rules, 1956; Constitution of India - Article 226; Finance Act, 1988; Direct Tax Laws (Amendment) Act, 1989; Finance Act, 1992; Haryana Liquor Licence Rules, 1970 - Rule 38(15)

Reported in : [2002]253ITR205(P& H)

which have a bearing on the adjudication of the issue raised by the petitioners. By virtue of the Finance Act, 1988, Sections 44AC and 206C were inserted in the 1961 Act for computing the profits and gains from … from time to time. This position is further clarified by Rule 38(15) of the Haryana Liquor Licence Rules, 1970. L-13 licensees appear to be a class which, in view of the existing system of the transaction of … quashing the demands created by respondent No. 3-Income-tax Officer, Ward-5, Patiala, under Section 206C of the Income-tax Act, 1961 (for short, 'the 1961 Act'), and

Commissioner of Income-tax (Central) Vs. Express Newspapers Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24), 24, 24(1), 36, 36(1), 38(1) and 38; Finance Act, 1964

Reported in : (1980)15CTR(Mad)383; [1980]124ITR117(Mad)

mortgage or charge. '5. The above clause was omitted by Section 30 and the Third Schedule of the Finance Act, 1968, with effect from 1st April, 1969. As the assessment years under consideration fall prior to 1st April, … the year 1969 and the effect of the provision of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, was a rescission of the resolution dated 16th July, 1969, and nothing could be paid to the shareholders … the head 'Interest on securities', should not be deducted in computing the income chargeable under the head 'Business'. Section 38 provides for cases where a part of any premises is used as dwelling house by the assessee or

Deutsche Morgan Grenfell Group Plc (Respondents) Vs. Her Majesty's Com ...

Court : House of Lords

Subject : Land Acquisition

for repayment is available. The leading examples are to be found in section 33 of the Taxes Management Act 1970 as to income tax and capital gains tax and the Finance Act 1998, Schedule 18, para 51 as … 2003, this provision no longer applies to mistakes of law in tax cases: see section 320 of the Finance Act 2004.) DMG says that it did not discover its mistake until the ECJ gave judgment (after the commencement … found in the following passage in Kleinwort Benson [1999] 2 AC 349, 382: "…in our law of restitution, we now find two separate and distinct

Controller of Estate Duty, Karnataka, Bangalore Vs. Andal Thayaramma

Court : Karnataka

Subject : Direct Taxation

Acts : Estate Duty Act, 1953 - Sections 7(1), 7(2), 34(1) and 34(2)

Reported in : ILR1984KAR1368; [1985]151ITR197(KAR); [1985]151ITR197(Karn); 1984(2)KarLJ396

from claims on a gift basis by the Finance Act, 1968, s. 38, and with the elimination of duty on most of such property, the … the value of the property passing; for determining the rate, the principle of 'aggregation' was introduced by the Finance Act, 1894, s. 4 (amended by the Finance Act, 1900, s. 12, the Finance Act, 1907, s. 16 and … the Appellate Controller of Estate Duty, Southern Zone, Madras ('Appellate Controller'), who by his order dated December 26, 1970 (annexure-B), dismissed the same. Against the said orders of the Appellate Controller, the assessee filed a second appeal … the Tribunal an error of law to hold that the provisions of section 7(1) of the Estate Duty Act are not applicable to the case

Kashinath Tapuriah Vs. Incab Industries Limited and ors.

Court : Kolkata

Subject : Company

Acts : Indian Companies Act, 1913; ;Companies Act, 1956 - Sections 9, 36, 286, 172, 173, 175 and 255; ;Industrial Finance Corporation Act, 1948 - Section 25; ;Specific Relief Act - Sections 14, 15, 38 and 38(2)

Reported in : [1998]93CompCas725(Cal),99CWN1178

institutions, i.e., Industrial Credit and Investments Corporation of India Ltd. (hereinafter referred to as 'the ICICI'), LIC Housing Finance Ltd., Unit Trust of India and National Insurance Co. Ltd., respectively. Defendant No. 6 is a nominee director … CWN 509. 73. The learned advocate for defendants Nos. 2 to 5 has also referred to Chapter VIII, Section 38 of the Specific Relief Act. He has submitted that no perpetual injunction could be claimed as under Section

Boake Allen Limited and Others (Appellants) Vs. Her Majesty's Revenue ...

Court : House of Lords

Subject : Land Acquisition

the 1988 Act, namely section 347(1) of the Income Tax Act 1952, sections 39(1) and 64(1) of the Finance Act 1965, section 497(1) of the Income and Corporation Taxes Act 1970, and section 100(1) of the Finance Act … ("DTC") between the United Kingdom and Japan or of the DTC between the UK and the United States. 38. I would also dismiss the appeal on the second issue that has been argued, namely that identified in

Controller of Estate Duty Vs. A. Nissar Ahmed. (Accountable Person of ...

Court : Chennai

Subject : Direct Taxation

Acts : Excise Duty Act, 1953 - Sections 17, 17(1) and 17(2); Finance Act, 1940 - Sections 46(1) and 46(2)

Reported in : [1990]183ITR188(Mad)

'and not of any other person' under the Income Tax Act, 1952, sections 404-406 (formerly Finance Act, 1938, section 38), appears to be in a similar possession.' 10. The provisions of section 17(1) and (2) of the Act … to the actual income for that year, and not by reference to the income for any other period (Finance Act, 1940, section 49). Where the Income-Tax Acts provide machinery for the computation of income from a particular source,

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 … and section 107 FA 2007. 13. As Lord Walker explains in para 38, the question is whether EU law requires only that the member state

Union of India Vs. Harbhajan Singh Dhillon

Court : Supreme Court of India

Subject : Media and CommunicationConstitution

Acts : Finance Act, 1969 - Sections 24 ; Wealth Tax Act, 1957; Constitution of India - Articles 246 and 248

Reported in : AIR1972SC1061; [1972]83ITR582(SC); (1971)2SCC779; [1972]2SCR33

1970, which was heard by a Bench of five Judges. Four Judges held that Section 24 of the Finance Act, 1969, insofar as it amended the relevant provisions of the Wealth Tax Act, 1957, was beyond the legislative … of being reconciled, [see In re C.P. & Berar Act, No. XIV of 1938 [1939] F.C.R. 18, at 38].97. Unlike some of the Constitutions with a federal and distributive system of powers, our Constitution, in consonance with

Standing Conference of Public Enterprises vs.govt. Of n.c.t. Of Delhi ...

Court : Delhi

Subject : Right to Information

to be co-opted as per rules. Chairman and Vice-Chairman are to be elected by the Governing Council. The finances of the SCOPE are provided in Article10 which is as under - finance of investments, the Society shall … were requisitioned by the petitioner, were not licensed under Section 12 of the Contract Labour (Regularisation and Abolition) Act, 1970 (hereinafter referred to as “CLRAA”, for the sake of convenience). The consequence of this default, in the submission … Public Enterprises v. Workmen as represented by W.P.(C) 5830/2004 Page 1 of 38 New Delhi General Mazdoor Union). 2 The petitioner claims to have entered