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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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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)

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, … India or from any property in India, the same would be assessable. An ordinary resident as defined in Section 6, does not attract additional chargeability; but being 'not ordinarily resident' entitles a person to partial exemption from chargeability

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Apr 08 1988

Gopal Hosiery Vs. Assistant Collector of C. Ex.

Court : Kolkata

Decided on : Apr-08-1988

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 2, 3, 11B and 37; ;Finance Act, 1971; ;Medicinal and Toilet Preparations (Excise Duties) Act, 1955 - Section 2; ;Factories Act, 1948 - Section 2; ;Finance Act, 1975; ;Finance Act, 1977; ;Finance Act, 1978; ;Finance Act, 1979; ;Finance Act (No. 2), 1980; ;Central Excise Tariff Act, 1985 - Sections 2(3) and 6; ;Central Excise Rules, 1944 - Rules 8, 8(1) and 174

Reported in : 1989(41)ELT35(Cal)

subjected to tax since the petitioners began its business even before 1962.3. In the year 1971 by the Finance Act, 1971, a new tariff item No. 22D was introduced in the First Schedule to the Central Excises and Salt … specified in the Schedule to the Central Excise Tariff Act, as being subject to a duty of excise. Section 6 empowers the Central Government to provide by notification that as from a specified date, no person shall except

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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)

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 … 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

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Jul 14 2008

The Andhra Pradesh Federation of Chit Funds, a Public Society Rep. by ...

Court : Andhra Pradesh

Decided on : Jul-14-2008

Subject : Service TaxBanking

Acts : Constitution of India - Articles 14, 19(1), 226 and 265; Finance Act, 1994 - Sections 6, 65, 65(12) and 65(105); Andhra Pradesh Chit Funds Act, 1971; Finance (Amendment) Act, 2007 - Sections 65; Chit Funds (Amendment) Act, 1982 - Sections 2; Reserve Bank of India Act, 1934 - Sections 41(I) and 45I; Andhra Pradesh Chit Funds Rules

Reported in : (2008)220CTR(AP)28; (2008)17VST128(AP)

14, 19(1)(g) and 265 of the Constitution of India and Section 65(12) read with Section 65(105)(zm) of the Finance Act, 1994 and to set aside the same. The case of the petitioners is that they are doing business … in chit funds, the transactions of which are clearly covered by the provisions of the A.P. Chit Funds Act, 1971 and the Rules made thereunder. According to them, very nature of transaction stands quite apart. In support, the … (P) Ltd. v. Union of India : AIR1993SC2063 , wherein, it has been held as under;The provision in Section 6 relating to entering into Chit agreement clearly shows that a contract has to be entered into between the

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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 … be charged at 55%, but the Income-tax Officer imposed the tax at 65% as in the past. According to the assessed, various manufacturing processes were

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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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Nov 20 2000

The Commissioner of Income Tax Vs. M/S. Indo Oceanic Shipping Co. Ltd. ...

Court : Mumbai

Decided on : Nov-20-2000

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 5, 6, 9, 17(1), 40A, 40A(5), 2(25A) and 192 ; Finance Act, 1971 - Sections 40A; Taxation Law (Extension to Union Territories) Regulation, 1963; Merchant Shipping Act - Sections 3(18); Finance Act, 1990; Territorial Waters Act, 1976

Reported in : (2001)165CTR(Bom)404; [2001]247ITR247(Bom)

section 40A(5) is to impose ceiling on remuneration of employees. Sub-section 5 was inserted in section 40A by Finance Act, 1971 with effect from 1.4.1972. It remained operative up to Assessment Year 1988-89. Under sub-section 5, expenditure incurred by … 1990. Vide para 2 of the said Circular, the Board has clarified that after the amendment made in section 6 of the Income Tax Act , 1961 by the Finance Act, 1990 with effect from 1.4.1990 an Indian

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