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Commissioner of Wealth Tax, Amritsar Vs. Suresh Seth Overruled

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 14, 14(1), 14(2), 14(3), 15, 16, 17, 18, 18(1) and 27(1); Wealth Tax (Amendment) Act, 1964 - Sections 18; Finance Act, 1969; Constitution of India - Articles 20(1) and 136; Indian Mines Act, 1923 - Sections 39; Factories Act, 1948; General Clauses Act - Sections 6

Reported in : AIR1981SC1106; (1981)21CTR(SC)349; [1981]129ITR328(SC); 1981(1)SCALE729; (1981)2SCC790; [1981]3SCR419; 1981(13)LC555(SC)

to maximum of 50% of the wealth-tax payable under Section 18(1)(a) before its amendments on 1.4.69 by the Finance Act, 1969 : Rs. 115/-(ii) For the period from 1.4.69 to 18.3.71 : Penalty at 1/2% of the net … wealth-tax returns for the assessment years 1964-65 and 1965-66 on March 18, 1971 while he was required by Section 14(1) of the Act to file … from 1.4.69 to 18.3.71 : Penalty at 1/2% of the net wealth for each month of default under Section 8(1)(a) as amended on 1.4.69 by the Finance Act, 1969: Rs. 7,596/- ___________ Rs. 7,759/-4. The above orders levying

Crawford Bayley and Co. and ors. Vs. the Union of India (Uoi) and ors.

Court : Mumbai

Subject : Tenancy

Acts : Constitution of India - Articles 14, 77, 77(1), 77(2), 77(3), 166, 226, 254 and 254(2); Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - Sections 3, 4(1) and 4(2); Maharashtra Rent Control Act, 1999; Government of India Allocation of Business Rules, 1961 - Rules 2 and 3; Bombay Municipal Corporation Act; Bombay Government Premises Act, 1955; Transfer of Property Act; Presidency Small Causes Court Act; Bombay Rent Act; General Clauses Act - Sections 3(8)

Reported in : 2003(6)BomCR112

under the provisions of the Act to the Ministry of Urban Development and not to the Ministry of Finance. The order appointing the respondent No. 2 as Estate Officer has been made by the Ministry of Finance … from this Court striking down the provisions of Section 3 of the Public Premises (Eviction of unauthorised Occupants) Act 1971, (hereinafter referred to as the said Act for the sake of brevity) on the ground that it is … in reply. At the request of the petitioners by an order dated 8th April 2003, the Government of Maharashtra was directed to produce the letter

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

Court : Supreme Court of India

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

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)

which actually holds the information; in that situation, the latter authority is accountable for disclosure of the information. Section 8 lists exemptions; it opens with a non-obstante clause, signifying the intention that irrespective of the rights of the … 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

United India Roller Flour Mills Ltd. Vs. Union of India

Court : Chennai

Subject : Excise

Acts : Central Excise Rules, 1944 - Rule 8; Central Excise Act, 1944 - Sections 3; Finance Act, 1971

Reported in : 1981(8)ELT66(Mad)

that the petitioners paid the excise duty due on maida manufactured between 29-5-1971 and 9-6-1971, but however the Finance Act which was passed on 10-8-1971 did not contain a provision for the levy of excise duty on maida … the Finance Bill in the Parliament on 28-5-1971, a notification was issued by the Union of India under Section 3 of the Provisional Collection of Taxes Act (Central Act XVI of 1931) declaring that the proposal to

Nava Bharat Ferro Alloys Ltd. Vs. Union of India (Uoi)

Court : Andhra Pradesh

Subject : Service Tax

Acts : Finance Act, 2000 - Sections 65(7), 65(18A), 65(18B), 65(48), 116 and 117; Finance Act, 1997; Finance Act, 1994 - Sections 65, 66 68, 70, 71A and 94; Finance Act, 2003 - Sections 68, 68(1), 69, 70, 71 and 71A; Assam Taxation (On Goods Carried by Road or on Inland Waterways) Act; Central Tea Act - Sections 3(1) and 3(2); Motor Vehicles Act, 1939 - Sections 43, 43(1), 43(1A) and 44; Rajasthan Passengers and Goods Taxation Act, 1959 - Sections 3 and 4; Karnataka Entertainments Tax Act, 1958 - Sections 2; Expenditure Tax Act, 1987; British North America Act, 1867 - Sections 91 and 92; Finance Act, 1998 - Sections 65, 65(16), 65(17), 65(41) and 66(3); Motor Vehicles Act, 1988 - Sections 2; Finance Act, 1997 - Sections 84; Service Tax Rules, 1994 - Rule 2 and 2(1); Service Tax (Amendm

Reported in : (2005)186CTR(AP)451; 2005(185)ELT236(AP); 2006[3]STR565

of service tax by users of clearing and forwarding agents service and users of goods transport service. By Finance Act, 2000, the Parliament amended the provisions for the limited period of 16.7.1997 to 16.10.1998 to enable collection of … fall for consideration in these matters are these.First, does Act 18 of 1971 levy a tax on the income of operators?Second, is the retrospective validation … in Section 5, procedure where no payment is made in Section 7 fares and freights escaping assessment in Section 8, penalty for non-payment of tax in Section 9 indicate that the tax is on passengers and owners of

Commissioner of Wealth-tax Vs. Suresh Mohan Thakur

Court : Patna

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 5(1); Finance Act, 1971;

the opinion of this court, which have been reproduced earlier.5. Before its amendment by the Finance (No. 2) Act, 1971, Section 5(1)(viii) of the Wealth-tax Act, 1957, read as under : '5. Subject to the provisions of Sub-section (1A), … Assistant Commissioner following the decision of the Orissa High Court in CWT v. Binapani Chakraborty [1978] 114 ITR 82, allowed the appeal and directed the Wealth-tax Officer to obtain a list of gold ornaments of the assessee

Commissioner of Wealth-tax, Orissa, Bhubaneswar Vs. Smt. Binapani Chak ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Wealth-tax Act, 1957 - Sections 5(1) and 27(1); Finance Act, 1971

Reported in : AIR1995SC1380; (1995)125CTR(SC)119; [1995]214ITR721(SC); JT1995(3)SC506; 1995(2)SCALE496; 1995Supp(2)SCC262

with costs. Direct Taxation - ornaments - Sections 5 (1) and 27 (1) of Wealth-tax Act, 1957 and Finance Act, 1971 - whether word 'jewellery' in Section 5 (1) (viii) prior to amendment of Section and of Explanation by

Commissioner of Wealth-tax Vs. 1. Smt. Vidyawati Devi Rathi 2. Smt. Pr ...

Court : Rajasthan

Subject : Direct Taxation

Reported in : (1986)57CTR(Raj)107; [1986]160ITR887(Raj)

of the net wealth of an assessee.After the above decision of the Supreme Court, the Finance (No. 2) Act, 1971, changed the position of law. Section 5 of the Act was amended to some extent and in sub-section … the assessee, subject to a maximum of twenty-five thousand rupees in value.'This clause(xv) was subsequently deleted by the Finance Act, 1963. In CWT v. Arundhati Balkrishna : [1970]77ITR505(SC) , their Lordships of the Supreme Court, while considering the … taking the latter view are CWT v. Binapani Chakraborty [1978] 114 ITR 82, CWT v. Aditya Vikram Birla : [1978]114ITR711(Cal) , CWT v. Smt. Tarabai

Maruti Udyog Ltd. Vs. Dy. Cit

Court : Delhi

Subject : Direct Taxation

Reported in : [2005]92ITD120(Delhi)

The legislature made retrospective amendment to section 28 of the Act by inserting clauses (iiia) to (iiic) by Finance Act, 1990 with effect from 1-4-1962. Thus, income by way of duty drawback became taxable income by virtue of … or re-payable as drawback to any person against export under the Customs and Central Excise Duties Drawback Rules, 1971;'The perusal of the above clause shows that income became taxable only if duty of custom/excise repaid or becomes … Excise Duty on vehicles 3,19,41,668 (ii) R & D cess on vehicles 8,41,460 (iii) Excise duty on spare parts 6,76,0752. Custom duty paid on imports