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Krishna Lal, Thirani and Company Ltd. and anr. Vs. Collector of Centra ...

Court : Kolkata

Subject : Excise

Acts : Central Excises Act, 1944 - Section 72; ;Finance Act, 1971 - Section 4 and 4(a); ;Sea Customs Act, 1878 - Section 30; ;Central Excise Rules, 1944 - Rules 11, 173B, 173B(2), 173C, 173C(2), 173C(3), 173F and 173J; ;Indian Contract Act - Section 72; ;Companies Act - Section 294(2); ;Income Tax Act

Reported in : 1978(2)ELT568(Cal)

said Notification 10% ad valorem excise duty on the said two categories of goods was levied under the Finance Act of 1971 in as much as the said goods were manufactured with the aid of power. Since the … the following way :-(a) abrasive sheets item gross price less 12% trade discount less 3% cash discount under Section 4(a) of the said Excise Act.(b) grinding wheels and other bonded products gross price list less 12' trade discount

Hanuman Mal Sekhani Vs. Commissioner of Wealth-tax

Court : Rajasthan

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 4(1) and 5(1); Finance (No. 2) Act, 1971

Reported in : (1986)57CTR(Raj)185; [1987]168ITR364(Raj)

but not including jewellery' in Section 5(1)(viii) retrospectively with effect from April 1, 1963, by the Finance (No.2) Act, 1971, and the addition of Explanation 1 giving a wider meaning to the word ' jewellery ' prospectively with … Act, and so the value of the gold ornaments could not be included in his wealth under Section 4(1)(a)(i) of the Act. The Wealth-tax Officer did not accept the assessee's case of gift of the gold ornaments

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

Court : Supreme Court of India

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)

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 … of the said paragraph 20 (as it stood immediately before the commencement of the North Eastern Areas (Reorganization) Act, 1971 (18 of 1971) 85 any income which accrues or arises to him(a) from any source in the (area, … 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

Commissioner of Gift-tax Vs. Inder Singh Rajput

Court : Rajasthan

Subject : Direct Taxation

Acts : Gift Tax Act, 1958 - Sections 2 and 4; Finance (No. 2) Act, 1971

Reported in : [1998]233ITR660(Raj); 1998(1)WLC274; 1997(2)WLN87

into Hindu undivided family property, the Legislature in its wisdom through Section 37 of the Finance (No. 2) Act, 1971, has amended sections 2 and 4 of the Gift-tax Act for the purpose. Under the amendment to Section

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

Court : Mumbai

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 … read with clause (b) of section 108 of the Act. The expression 'subsidiary company' has been defined in section 4 of the Companies Act as under : '4(1) For the purposes of this Act, a company shall, subject

Indian Olympic Association Vs Veeresh Malik and ors.

Court : Delhi

Subject : Right to Information

Acts : Central Information Commission - section 5(4) ; Comptroller and Auditor Generals (Duties, Powers and Conditions of Service) Act, 1971 - sections 14, 14(1)

or substantially financed;(ii) Non- Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government."40. Section 4 obliges public authorities to publish various specified classes of information. The information provider or the concerned agency is, … to discharge its functions is the issue for consideration. The term "Substantially financed" is not defined in the RTI Act. When a term is not … of IOA and therefore, it would be appropriate to apply the definition given in Section 14(1) of CAG Act-1971 for the term "substantially financed". According to this Section, when the loan or grant by the government to

Shaha Perajchand Nowpaji Vs. Commissioner of Gift-tax

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Gift-tax Act, 1958 - Sections 4, 4(2), 5(1) and 26(1); Income Tax Act, 1961 - Sections 64(2); Wealth Tax Act, 1957 - Sections 4(2)

Reported in : [1988]173ITR439(AP)

4 of the Gift-tax Act, 1958, inserted with effect from April 1, 1972, by the Finance (No. 2) Act, 1971, and, consequently, the said transaction attracted gift-tax liability for the assessment year 1973-74 ?' 6. At the instance … it earns exemption under s. 5(1)(viii). NOTE- Section 5(1)(viii) has been omitted with effect from 1-4-1987 by the Finance Act. The related exemption is not therefore available during assessment year 1989-90. - - The proposition is too well-settled.

Commissioner of Income Tax, Ludhiana, Etc.Etc. Vs. Shri Om Prakash, Et ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 64(1) and 263; Indian Income-tax Act, 1922 - Sections 16(3) and 35; Constitution of India - Articles 14, 19(1) and 226; Gift-tax Act - Sections 4; Wealth-tax Act - Sections 4; Finance Act, 1979 - Sections 64; Taxation Laws (Amendment) Act, 1975; Finance Act, 1992; Finance (No.2) Act, 1971;

Reported in : 1996IAD(SC)205; AIR1996SC593; (1996)130CTR(SC)82; [1996]217ITR785(SC); JT1995(8)SC245; 1995(6)SCALE487; 1995Supp(4)SCC737; [1995]Supp5SCR346

2) Act, 1971 and Sub-section (1A) of Section 4 of Wealth Tax Act inserted by the very same Finance Act. Similarly, Sub-section (2) was introduced in Section 64 by the Finance Act, 1979 with effect from April 1,

Gopal Hosiery Vs. Assistant Collector of Central Excise

Court : Kolkata

Subject : Excise

Acts : Central Excises and Customs Laws (Amendment) Act, 1991; ;Finance Act, 1971; ;Central Excises Act, 1944 - Sections 11B, 11B(1), 11B(2), 11B(3) and 12A; ;Finance Act, 1982 - Section 4(2)

Reported in : 1993(41)ECC18,1992(58)ELT542(Cal)

all material times carried on and still now carries on the business of manufacturing hosiery garments. By the Finance Act, 1971 a new Tariff Item No. 22D was inserted in the First Schedule to the said Act for the … attention was drawn on behalf of the petitioner to the Finance Act, 1982, in particular, sub-section (2) of Section 4 of that Act. It was argued where the Legislature wanted to make a provision retrospective notwithstanding anything contained

Emjak Industries Limited Vs. Commercial Tax Officer and ors.

Court : Andhra Pradesh

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 … shall be instituted in respect of the same facts on which the penalty has been imposed under this section. (4) The State Government, may, by notification, rescind, revoke, amend or vary any scheme referred to in this section.'