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Apr 22 1997

M/S. Chillies Exports House Ltd. Vs. Commissioner of Income-tax

Court : Supreme Court of India

Decided on : Apr-22-1997

Subject : Direct Taxation

Acts : Finance Act, 1971 - Sections 2 and 104; Central Sales Tax Act; Central Sales Tax Registration and Turnover Rules, 1957 - Rule 13

Reported in : AIR1997SC2223; (1997)140CTR(SC)1; [1997]225ITR814(SC); JT1997(4)SC705; 1997(3)SCALE562; (1997)5SCC157; [1997]3SCR907

There shall be no order as to costs. Direct Taxation - taxability - Sections 2 and 104 of Finance Act, 1971 - whether appellant is 'industrial company' within definition given in respective Finance Acts and whether it can be … the assessment year 1977-78. Regarding the assessment year 1974-75, we are concerned with the Finance Act of 1974, Section 2(8)(c); for the assessment year 1976-77 Finance Act, 1976, Section 2(9)(c); and for the assessment year 1977-78 Finance

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Oct 31 1985

Shree Mulchand Co. Ltd. Vs. Commissioner or Income-tax

Court : Mumbai

Decided on : Oct-31-1985

Subject : Direct Taxation

Acts : Finance Act, 1971 - Sections 2(6)

Reported in : (1986)51CTR(Bom)195; [1986]162ITR764(Bom)

Commissioner to pay the costs of the reference. Direct Taxation - manufacture - Section 2 (6) (c) of Finance Act, 1971 - whether activities of assessee in sorting out, washing, drying and blending wool can be said to be

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Mar 22 1986

Commissioner of Income Tax Vs. Bhavnagar Bone and Fertiliser Co. Ltd.

Court : Gujarat

Decided on : Mar-22-1986

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24), 28 and 260(1); Finance Act, 1971 - Sections 2(6)

Reported in : (1987)59CTR(Guj)116; [1987]166ITR316(Guj)

28 (iv), 256 (1) and 260 (1) of Income Tax Act, 1961 and Section 2 (6) (C) of Finance Act, 1971 - whether Tribunal right in holding that assessee was 'industrial company' within meaning of Section 2 (6) (C)

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Sep 08 1993

Minocha Bros. Pvt. Ltd. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Decided on : Sep-08-1993

Subject : Other Taxes

Acts : Finance Act, 1971 - Sections 2(6); Finance (Amendment) Act, 1972

Reported in : (1994)116CTR(SC)476; [1993]204ITR628(SC); 1994Supp(2)SCC694

appeals are, accordingly, dismissed. No costs. Other Taxes - lower rate of tax - Section 2 (6) of Finance Act, 1971 and Finance (Amendment) Act, 1972 - assessee engaged in construction of buildings manufactured window, doors and shutters and

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Nov 06 1997

Chillies Export House Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Nov-06-1997

Subject : Direct Taxation

Acts : Finance Act, 1971 - Sections 2(6); Income Tax Act, 1961 - Sections 256(2)

Reported in : (1997)140CTR(Mad)9; [2000]241ITR162(Mad)

in holding that the petitioner was not an industrial company within the meaning of s. 2(6)(c) of the Finance Act, 1971, and it was not entitled to concessional rate of tax 2. This tax case reference relates to the … to remit the matter to the AO having jurisdiction over the case. Direct Taxation - concessional rate - Section 2 (6) of Finance Act, 1971 and Section 256 (2) of Income Tax Act, 1961 - whether Tribunal right

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Nov 15 1994

Emjak Industries Limited Vs. Commercial Tax Officer and ors.

Court : Andhra Pradesh

Decided on : Nov-15-1994

Subject : Sales Tax

Acts : Andhra Pradesh General Sales Tax Act, 1957 - Sections 5-B; Andhra Pradesh General Sales Tax Rules, 1957 - Rules 3 and 30-A

Reported in : 1994(3)ALT565; [1995]97STC173(AP)

consideration was whether the assessee therein was an 'industrial company' within the meaning of section 2(6)(c) of the Finance Act, 1971. The assessee, an exporter of chillies, purchased chillies, sorted them, graded them, clipped and stemmed them and subjected

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Sep 22 1993

Petrosil Oil Company Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Decided on : Sep-22-1993

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(17), 2(18), 2(18)(B), 18(5), 43(5), 66(1), 81, 104, 108, 139, 194, 246 and 259

Reported in : [1999]236ITR220(Bom)

before us that we must read section 108 of the Act independently of section 2(6) (a) of the Finance Act, 1971, and Paragraph F of the First Schedule and interpret clause (a) of section 108 itself to mean 'any

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Jul 17 1975

J.K. Synthetics Ltd. Vs. O.S. Bajpai, Income-tax Officer, Central and ...

Court : Allahabad

Decided on : Jul-17-1975

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 3(3), 3(4), 35(3), 41, 41(1) and 154; Constitution of India - Article 226

Reported in : [1976]105ITR864(All)

as a result of a change in the rate of tax. Rate of tax is prescribed by the Finance Act of every year. A previous year normally consists of a period of 12 months and the income of … the company wanted to adopt the calendar year as its previous year. The company accordingly on 14th June, 1971, applied to the Income-tax Officer for permission to change the previous year. The following reasons were stated for … becomes first assessable as provided by Clause (iii) of Sub-section (1) of Section 153. Thus, the last date of limitation for completing the assessment was … R.L. Gulati, J.1. This is a petition under Article 226 of the Constitution challenging an assessment order under the Income-tax Act, 1961,2.

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Aug 09 1985

Commissioner of Income-tax, Delhi-i Vs. Minocha Brothers P. Ltd.

Court : Delhi

Decided on : Aug-09-1985

Subject : Direct Taxation

Acts : Finance Act, 1971 - Sections 2(6); Finance Act, 1972 - Sections 2(6); Income Tax Act, 1961 - Sections 84 and 256(1); Wealth Tax Act, 1957 - Sections 45

Reported in : (1986)52CTR(Del)346; [1986]160ITR134(Delhi)

was only ancillary to the construction activity of the assessed and, hence, the concessional rate specified in the Finance Act, 1964, was not applicable in relation to super-tax. 8. In CIT v. M. R. Gopal : [1965]58ITR598(Mad) , … 256(1) of the Income-tax Act, 1961, to this court raising identical questions of law for the assessment years 1971-72 and 1972-73. The assessed is a private limited company engaged in the business of construction of buildings. The … J.1. By a common statement of case, reference has been made under section 256(1) of the Income-tax Act, 1961, to this court raising identical questions … By a common statement of case, reference has been made under section 256(1) of the Income-tax Act, 1961, to this court raising identical questions of

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Oct 01 1985

Commissioner of Wealth-tax Vs. Rajmata Smt. Geeta Kumari

Court : Rajasthan

Decided on : Oct-01-1985

Subject : Direct Taxation

Acts : Finance Act, 1971 - Sections 256(2); Wealth Tax Act, 1957 - Sections 18(1)

Reported in : [1987]163ITR570(Raj)

was formed that the wealth was below the taxable limit. It was also contended that only after the Finance Act, 1971, came into force was personal jewellery made taxable. The petitioner was not conscious of the fact that the … Mehta, J.1. This D.B. wealth-tax reference application under Section 27(3) of the Wealth-tax Act in respect of the assessment year 1970-71 against the order of the Income-tax … Mehta, J.1. This D.B. wealth-tax reference application under Section 27(3) of the Wealth-tax Act in respect of the assessment year 1970-71 against

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