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Commissioner of Income-tax Vs. Ambalal Kilachand and (Late) Tulsidas K ...

Court : Mumbai

Subject : Direct Taxation

Acts : Finance Act, 1972; Income Tax Act, 1961 - Sections 5, 5(1), 90, 91, 194 and 198

Reported in : (1995)124CTR(Bom)252; [1994]210ITR844(Bom)

in our Income-tax Act, 1961. 12. The law in the United Kingdom after 1973 is governed by the Finance Act, 1972. Under the Finance Act, 1972, section 84 provides that where a company resident in the United Kingdom makes … tax; but income-tax for a year of assessment after the year 1965-66, shall be chargeable under a new Schedule F in respect of all dividends and other distributions in that year of a company resident in the … income of an assessee 'be deemed to be income received'. Therefore, by virtue of the provisions of section 194 read with section 198, in respect

Muthoot Leasing and Finance Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Cochin

Subject : Direct Taxation

Reported in : (2003)84ITD477(Coch.)

down by the Supreme Court in the case of Sundaram Finance Ltd. v. State of Kerala AIR 1966 SC 1178.The CBDT originally issued a Circular … per cent. In relation to scheduled banks, the tax operation was suspended after 28th Feb., 1978, by the Finance Act, 1978. "Subsequently, the scope of the Interest-tax Act was extended to selected public financial institutions also. Operation of … applicant has to pay the entire balance amount mentioned in the second schedule remaining unpaid at the time of loss. He held that the transactions/documents … No. 760, dt. 13th Jan., 1998, and Sections 2(c), 2(e), 2(f), 7(b) and 8 of the Hire Purchase Act, 1972.8. The learned CIT(A) noticed that the assessee, in fact, first received the application from the applicant for advance

Manubhai A. Sheth and Others Vs. N.D. Nirgudkar, 2nd Income-tax Office ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(14)

Reported in : (1981)22CTR(Bom)41; [1981]128ITR87(Bom); [1980]4TAXMAN381(Bom)

in India.'15. Sub-clause (ii) of cl. (14) of s. 2 was substituted by a new sub-clause by the Finance Act, 1972. Sub-clause (iii) was substituted with effect from April 1, 1970, by the Finance Act, 1970, by a new … the enactment relating to Indian income-tax'. By entry 54 in List I (Federal Legislative List) of the Seventh Schedule to the said Act taxes on income other than agricultural income were made a federal subject, while under … that at first cultivation of para grass and later of rice and vegetables was carried on on the lands. In the affidavits in reply these

Federation of Hotels and Restaurants Association of India and Others V ...

Court : Delhi

Subject : Service Tax

226 of the Constitution of India is to the constitutional validity of Section 65 (105) (zzzzv) of the Finance Act 1994 (FA) whereby the provision to any person by a restaurant, by having the facility of air-conditioning in … and the property in them does not pass as movables In the Associated Hotels of India case (AIR 1972 SC 1131), the Supreme Court held that there is no sale involved in the supply of food or … to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the Union List ). (2) Notwithstanding … under Article 226 of the Constitution of India is to the constitutional validity of Section 65 (105) (zzzzv) of the Finance Act 1994 (FA) whereby

Parekh Prints Vs. Union of India

Court : Delhi

Subject : ExciseConstitution

Reported in : 45(1991)DLT456; 1992(37)ECC78; 1991LC167(Delhi); 1992(62)ELT253(Del); ILR1992Delhi304

consent respecting matters which are in the State List. 7. Part XII of the Constitution deals with the Finance, Property, Contracts and Suits. We are concerned here only with Chapter I relating to Finance. Under Article 265 … any law levying of sales tax. Reference in this connection was also made to the Wild Life (Protection) Act, 1972. Legislation in respect of this Act was relatable to Entry 20 of the State List in the Seventh … State subject falling in Entry 54 of List II of the Seventh Schedule to the Constitution. They say the Union of India could not interfere … Importance) Act, 1957 (for short 'the Act'). In fact they challenge the very validity of the Additional Duties Act. The petitioners want this court to

Commissioner of Income-tax, Gujarat Ii Vs. Patel Brothers and Co. Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 37(2), 37(2A) and 37(2B)

Reported in : [1977]106ITR424(Guj)

introduction of sub-section (2A) by the Taxation Laws (Amendment) Act, 1967, with effect from 1st October, 1967. By Finance Act, 1968, an Explanation was added to sub-section (2A) with effect from April 1, 1968, so as to extend … to the Tribunal. The Tribunal, however, following its earlier decision in Income-tax Appeals Nos. 1366 to 1367 of 1972-73 in the matter of Income-tax Officer v. Gautamkumar Rajendrakumar, out of which Income-tax Reference No. 64 of 1974 … business entertainment while computing the profits or gains chargeable to tax under Schedule D, other than those incurred for entertainment of overseas customers of a

Modi Rubber Ltd. Vs. Union of India and Others Overruled

Court : Delhi

Subject : Excise

Acts : Central Excise Rules, 1944 - Rules 2, 8, 8(1), 56A, 173, 173B and G; Central Excise Act, 1944 - Sections 2, 3, 6, 8(1), 12, 37 and 37(2); Finance Act, 1978 - Sections 37 and 37(4)

Reported in : 1984(2)ECC30; 1983(12)ELT24(Del)

Finance Bill, 1978 levied this special duty of excise and was presented and passed by the Parliament as Finance Act, 1978. Section 37 of the Finance Act, 1978 provides that in case of goods chargeable with duty of … manufactured product. Section 3 is the charging section reading as follows :- '3. Duties specified in the First Schedule to be levied - (1) There shall be levied and collected in such manner as may be prescribed … Official Gazette, fix, for the purpose of levying the said duties, tariff values of any articles enumerated, either specifically or under general headings, in the

Her Majesty's Commissioners of Customs and Excise (Appellants) Vs. Zie ...

Court : House of Lords

Subject : Land Acquisition

background helps to explain the evolution of the VAT treatment of building works under domestic legislation. Under the Finance Act 1972, which introduced VAT into the United Kingdom, all construction and alteration of buildings (of any sort) was zero-rated. … Planning (Listed Buildings and Conservation Areas) Act 1990: see item 2 and note (1) in Group 6 in Schedule 8 to the 1994 Act. To satisfy condition (b), as I have labelled it, each dwelling must consist … different conclusion from your Lordships. So I will set out my own views as shortly as possible. I agree that if the relevant statutory provisions

The India Jute Co. Ltd. Vs. the Assistant Collector, Central Excise an ...

Court : Kolkata

Subject : Excise

Reported in : 1981LC545D(Calcutta)

varieties of blended yarn of different compositions the Central Government by the Finance Bill 1972 which became the Finance Act. 1972, inserted residuary item 18E in the First Schedule, which covered yarn not elsewhere specified in or relation to … the respondents. Hence according to the petitioner the respondents have illegally and wrongfully recovered those excise duty in violation of the notifications. Hence they are bound for refund the same to the petitioner. On 7th of March,

India Jute Co. Ltd. Vs. Assistant Collector of Central Excise and ors.

Court : Kolkata

Subject : ExciseLimitation

Acts : Central Excises Act, 1944 - Section 11B; ;Limitation Act; ;Central Excise Rules - Rules 9(1), 9(2), 56A, 56A(2), 56A(3), 96V, 96W, 173, 173G and 173K; ;Central Excise (Ninth Amendment) Rules, 1973;

Reported in : 1988(34)ELT452(Cal)

staple fibre in the manufacture of yarn in ad-mixture with cotton.(i) By Finance Bill 1972, which subsequently became Finance Act, 1972, certain changes in the tariff description of goods as appearing in the said First Schedule in respect of … the respondents. Hence according to the petitioner the respondents have illegally and wrongfully recovered those excise duty in. violation of the notifications. Hence they are bound to refund the same to the petitioner. On 7th of March,