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Feb 17 1976

income Tax Officer, Shillong and ors. Vs. R. TakIn Roy Rymbai and ors.

Court : Supreme Court of India

Decided on : Feb-17-1976

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 2(45), 5, 6, 10, 10(1), 10(26) and 80A to 80U; Indian Income-tax Act, 1922 - Sections 4(3); Constitution of India - Articles 14, 46, 136, 226, 342(1), 342(2), 366 and 366(25);Finance Act, 1955; Finance Act, 1938 - Sections 3; Taxation Laws (Amendment) Act, 1970; North Eastern Areas (Re-organization) Act, 1971

Reported in : AIR1976SC670a; [1976]103ITR82(SC); (1976)1SCC916; [1976]3SCR413; 1976(8)LC295(SC)

(3) of Indian Income-tax Act, 1922, Finance Act, 1955, Section 3 of Finance Act, 1938, Taxation Laws (Amendment) Act, 1970, North Eastern Areas (Re-organization) Act, 1971 and Articles 14, 46, 136, 226, 342 (1), 342 (2), 366 and … contain any provision specifically, exempting members of the Scheduled Tribes from the levy of income-tax. It was the Finance Act 1955 that first incorporated in the Income-tax Act, 1922, provisions for exemption of the Tribal people of the … relating to such exemptions were further amended and recast by Section 3 of the Finance Act 1958 as follows:Section 4(3) XXI. Any income of a member of a Scheduled Tribes defined in Clause (25) of Article 366 of

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Oct 05 2005

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

Court : Supreme Court of India

Decided on : Oct-05-2005

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

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Jul 05 2004

B. Sankappa Rai and ors. Vs. Central Registrar of Co-operative Societi ...

Court : Karnataka

Decided on : Jul-05-2004

Subject : CivilElection

Acts : Multi State Co-operative Socities Act, 2002 - Sections 16, 28 and 84(2); Constitution of India - Articles 226 and 227

Reported in : ILR2004KAR4298; 2004(7)KarLJ330

: [1970]75ITR174(SC) , wherein it has after interpretation of Section 2(44)(ii) ( as substituted by Section 4 of Finance Act, 1963) has clearly held that by issuing the notification in exercise of the powers conferred under the said

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Mar 09 2005

DBH International Ltd., a Company Incorporated under the Companies Act ...

Court : Mumbai

Decided on : Mar-09-2005

Subject : Labour and Industrial

Acts : Finance Act, 1991; Industrial Disputes Act, 1947 - Sections 2, 10, 10(1), 10(4), 11A, 12(4) and 25F; Payment of Gratuity Act, 1990 - Sections 4(2); Payment of Gratuity Act, 1970 - Sections 4 and 4(2); Constitution of India - Article 136

Reported in : 2005(4)BomCR732; [2005(106)FLR375]; (2005)IIILLJ434Bom

to the Management, in 1991 due to national foreign exchange crisis, severe import restrictions were introduced in the Finance Act, 1991 with the result their business declined even further. By August, 1991 gross revenue earned by the Management … principle evolved by the Apex Court while interpreting the provisions of Section 4(2) in the Payment of Gratuity Act, 1970 (for short, 'Gratuity Act') in Jeewanlal Limited v. The Appellate Authority, (1984) 65 FJR 204 Overlooking the material

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Feb 03 1989

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

Court : Chennai

Decided on : Feb-03-1989

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 … loans advanced by the assessee to the tannery, a sum of Rs. 45,371 should be attributed as relating to the tannery unit in the place

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Sep 28 1970

The State of Punjab Vs. Union of India

Court : Punjab and Haryana

Decided on : Sep-28-1970

Subject : Constitution

Acts : Constitution of India - Articles 131, 226, 246 and 248; Wealth-tax Act, 1957 - Sections 2; Finance Act, 1969

Reported in : [1971]80ITR248(P& H)

other by a private person (C. W. 2673 of 1970), challenging the validity of Section 24 of the Finance Act, 1969, so far as the same amended relevant provision of Wealth Tax Act, 1957, and included the capital … land and growing crops, grass or standing trees on such land; (ii) ............'. Charging Section is section 3. Section 4 enumerates certain items of assets which are to be included in the 'net wealth'. Section 5 provides certain

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Aug 05 1993

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

Court : Kerala

Decided on : Aug-05-1993

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 … a hospital at Cochin known as 'Medical Trust Hospital'. The company became a deemed public company under Section 43A(1A) with effect from January 1, 1986. The word 'private' in the name of the company was cancelled from

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Feb 11 1993

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

Court : Kolkata

Decided on : Feb-11-1993

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

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May 31 2002

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

Court : Supreme Court of India

Decided on : May-31-2002

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

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Jun 28 1989

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

Court : Kolkata

Decided on : Jun-28-1989

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

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