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Bhola Nath Kesari Vs. Director of State Lotteries and ors.

Court : Allahabad

Subject : Direct Taxation

Acts : Constitution of India - Article 82; ;Income Tax Act, 1961 - Sections 6 and 10(3); Income Tax Act, 1922 - Sections 4(3); Finance Act, 1972

Reported in : [1974]95ITR171(All)

from lotteries used to be exempt from Income-tax as being receipts of casual and non-recurring nature. By the Finance Act, 1972, certain amendments were made to the Income-tax Act, 1961, as a result of which the winnings from lotteries … gambling and betting also became taxable. The following amendments were made in the Income-tax Act, 1961. 4. In Section 2(24), which defines ' income ', a new Clause (ix) was added reading as under:' 2(24)(ix). Any winnings … from gambling or betting of any form or nature whatsoever. '5. Section 10(3) which provided that in computing the total income of any person, any

Madura Coats Ltd. Vs. Assistant Collector of Central Excise and ors.

Court : Chennai

Subject : Excise

Acts : General Clauses Act, 1897 - Sections 6 and 24; Companies Act, 1913 - Sections 3; Mines Act, 1923 - Sections 29; Mines (Amendment) Act, 1952 - Sections 57 and 58; Companies Act, 1956 - Sections 10 and 75; Finance Act, 1972 - Sections 64; Arms Act, 1878 - Sections 15

Reported in : 1979CENCUS17D; 1978(2)ELT511(Mad)

of the powers conferred by Rule 8(1) of the Central Excise Rules, 1944.2. By Section. 64(c) of the Finance Act 1972, the Central Excise item No. 18 was amended and a new Tariff item No. 18-E was introduced. Varieties … 1913, continued to operate by virtue of Section 24 of the General Clauses Act, as one made under Section 10 of the Companies Act, 1956 and that, therefore, the District Court had jurisdiction to entertain applications under Section

Amara Kondaiah Vs. Income-tax Officer, C-ward and anr.

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24); Constitution of India - Article 246; Finance Act, 1972

Reported in : [1977]106ITR73(AP)

petition. 2. Prior to 1st April, 1972, winnings in horse races were not eligible to income-tax. By the Finance Act, 1972, Clause (ix) was added to Section 2(24) of the Income-tax Act, 1961, which defines 'income'. Now, according to … II (State List) reads as follows : 'Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling.' 10. In view of this entry, the States are given power to impose tax on betting and gambling. The

Commissioner of Income-tax, Madras Vs. G.R. Karthikeyan

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Constitution of India; Income Tax Act, 1961 - Sections 10(3), 2(24), 23(2) and 256(1); Finance Act, 1972 - Sections 74(A); Finance Act, 1986; Indian Income Tax and Excess Profits Tax (Amendment) Act, 1947; Indian Income Tax Act, 1922 - Sections 12(B); Government of India Act, 1935

Reported in : AIR1993SC1671; (1993)112CTR(SC)302; [1993]201ITR866(SC); JT1993(3)SC174; (1993)2MLJ82(SC); 1993(2)SCALE588; 1993Supp(3)SCC222; [1993]3SCR328

rope in windfalls from lotteries, races and card games etc.(c) Section 74(A) which too was introduced by the Finance Act, 1972 supports the said view. Section 74(A) provides that any loss resulting from any of the sources mentioned therein … was casual in nature. It was nevertheless not an income receipt and hence fell outside the provisions of Section 10(3) of the Act.3. At the instance of the Revenue, the question aforementioned was stated for the opinion of

Commissioner of Income-tax Vs. Chaman Lal

Court : Punjab and Haryana

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24), 5(1), 10(3), 56(2), 194B and 276B; Finance Act, 1972

Reported in : [1985]156ITR245(P& H)

income chargeable to income-tax in India under Sections 10(3)/56(2)(ib)/2(24)(ix) of the I.T. Act, 1961, as amended by the Finance Act, 1972? (2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in … Gokal Chand Mittal, J.1. Under Section 256(1) of the I.T. Act, 1961, (hereinafter referred to as 'the Act'), the ITAT (Chandigarh Bench) has referred

Commissioner of Income-tax Vs. B.C. Kothari

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 3, 3(1), 3(2), 3(3) and 10; Wealth Tax Act, 1957 - Sections 2

Reported in : (1986)53CTR(Mad)176; [1986]160ITR27(Mad)

the Deepavali year ending Deepavali, 1972. 7. The learned counsel has contended that when section 59 of the Finance Act, 1972, referred to a casual and non-recurring receipt of the previous year relevant to the assessment year commencing on … commencing on the 1st day of April, 1972, and provided that any income falling within clause (3) of section 10 of the Income-tax Act, as it stood immediately before the 1st day of April, 1972, shall not be

Union of India (Uoi) and anr. Vs. Azadi Bachao Andolan and anr.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 5, 6, 7, 10(1), 44, 51, 73, 90, 115A, 116, 119, 119(1), 119(2), 245O, 245S and 245R; Companies (Profits) Surtax Act, 1964; Evidence Act; Income Tax Act, 1922 - Sections 49A; Finance Act, 1972; Finance Act, 1991 - 90(1) and 90(2); Constitution of India - Articles 1, 2(2), 3, 4, 4.1, 4(3), 10, 11, 12, 13, 13(4), 14, 15, 16, 17, 18, 18(2), 20, 21, 22, 25, 28, 31B, 73 and 265; Central Excise Act, 1944 - Sections 5A; Central Sales Tax Act, 1956 - Sections 8(5); Customs Act - Sections 25; Economic Crime and Anti Money Laundering Act, 2000; Companies Act, 1984; Stock Exchange Act, 1988; Income Tax Law; Income and Corporation Taxes Act, 1970 - Sections 460; Wealth Tax Act - Sections 21(2)

Reported in : (2004)1CompLJ50(SC); (2003)184CTR(SC)450; [2003]263ITR707(SC); JT2003(Suppl2)SC205; 2003(8)SCALE287; (2004)10SCC1

1961 was introduced, Section 90 contained therein initially was a reproduction of Section 49A of 1922 Act. The Finance Act, 1972 (Act 16 of 1972) modified Section 90 and brought it into force with effect from 1.4.1972. The object … respect of different heads of income. Detailed rules are stipulated with regard to taxing of Dividends under Article 10, interest under Article 11, Royalties under Article 12, Capital Gains under Article 13, income derived from Independent Personal

C.W.S. (India) Limited Vs. Commissioner of Income Tax

Court : Supreme Court of India

Subject : Direct Taxation

Reported in : [1994]208ITR649(SC); JT1994(3)SC116; 1994(1)SCALE840; 1994Supp(2)SCC296; [1994]2SCR247

40(c)(iii) which was, of course, applicable only to companies and not to other assessees.2. Section 40(c)(iii) introduced by Finance Act, 1973 with effect from April 1, 1963, as substituted by Finance Act, 1964, read as follows:40 Amounts not … the interpretation of Section, 40(a)(v) as well as Section 40A(5) of the Income Tax Act. Upto March 31, 1972, Section 40(a)(v) was in force arid from April 1, 1972, Section 40A(5) came into force in its place. Both … way of gratuity or the value of any travel concession or assistance referred to in clause (5) of Section 10 or passage moneys or the value of any free or concessional pat-sage referred to in sub-clause (i) of

Commissioner of Income-tax Vs. N.J. Pavri

Court : Mumbai

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 10(10); Finance Act, 1974; Payment of Gratuity Act, 1972 - Sections 4

Reported in : [1999]237ITR472(Bom)

is less ;'5. A bare reading of the above section as it stood before the amendment by the Finance Act, 1974, shows that gratuity payable to the employees of the Government, local authority or a statutory corporation was … applicable to the members of the defence services ; (ii) any gratuity received under the Payment of Gratuity Act, 1972 (39 of 1972), to the extent it does not exceed an amount calculated in accordance with the provisions … amount of Rs. 23,333 was not liable to be included in the total income of the assessee under Section 10(10){iii) of the Income-tax Act, 1961, in his assessment for the assessment year 1977-78 ?'2. The assessee is an

M/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise

Court : Mumbai

Subject : Service Tax

amount of Rs.2,04,39,093/- under provisions of Rule 14 of the Credit Rules read with Section 73 of the Finance Act,1994. In respect of towers and parts thereof, prefabricated building, printers and office chairs, the Commissioner observed that the … of printers. The appellant placed reliance on the Credit Rules introduced by the Central Government with effect from 10.9.2004 and more particularly Rule 3(1) which defines the term “Cenvat Credit”, Rule 2(a)(A) which defines “Capital goods” and