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Sri Dwarkadheesh Charitable Trust Vs. Income-tax Officer, c Ward

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 11, 12, 12A, 12(1) and 12(2); Finance Act, 1972

Reported in : [1975]98ITR557(All)

donee-trust is valid in law, is corroborated by the amendments made by Parliament to Section 12 by the Finance Act 16 of 1972, whereby Parliament expressly excluded contributions 'made with a specific direction that they shall form part … J. K. Charitable Trust and that the income of those shares by way of dividend was exempt under Section 11 of the Income-tax Act, 1961.5. The Income-tax Officer felt that the donations as such were covered by Section

R.B. Shreeram Religious and Charitable Trust Vs. Commissioner of Incom ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 11, 11(1), 12, 12(1), 12(2), 13 and 139; Finance Act, 1972

Reported in : (1988)73CTR(Bom)145; [1988]172ITR373(Bom)

section 12(1) of the Income-tax Act, 1961, as it stood at the material time (before amendment by the Finance Act, 1972) referred only to income derived from the voluntary contributions and not to the voluntary contributions themselves, and as … charitable or religious institution by a trust or a charitable or religious institution to which the provisions of section 11 apply, such contributions shall, in the hands of the trust or institution receiving the contributions, be deemed to

Director of Income Tax Vs. Maruti Center for Excellence

Court : Delhi

Subject : Education

amendments made to this section by section 7 [other than sub-clause (ii) of clause (a) thereof] of the Finance Act, 1972.] Section 13(3)(3) The persons referred to in clause (c) of sub-section (1) and sub-section (2) are the following, namely … medical relief, and the advancement of any other object of general public utility; Section13(1)(c)(ii) (1) Nothing contained in section 11 [or section 12] shall operate so as to exclude from the total income of the previous year of

Commissioner of Income-tax Vs. Vanchi Trust and anr.

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 11, 11(1), 12(1) and 12(2); Finance Act, 1972

Reported in : (1981)20CTR(Ker)26; [1981]127ITR227(Ker)

12 of the Act as it stood at the relevant time (prior to the amendment introduced by the Finance Act, 1972) was in the following terms :' 12(1) Any income of a trust for charitable or religious purposes or … Whether, on the facts and in the circumstances of the case, the donations from a trust to which Section 11 applies in cash and in the shape of shares in a limited company given with a direction that

income-tax Officer Vs. Manav Hitkari Trust.

Court : Delhi

Subject : Direct Taxation

Reported in : [1987]20ITD42(Delhi)

of a charitable trust is always under section 139(4A) as per amendment of the said section by the Finance Act, 1972 with effect from 1-4-1973 and such return is to be treated as under section 139(1). The learned advocates … the facts and in the circumstances of the case, the AAC has erred in allowing the benefit of section 11 of the Income-tax Act, 1961, even though there was a clear-cut default of section 12A (b) of the

Harbans Lal (Dead) Vs. Sales-tax Officer

Court : Delhi

Subject : Sales Tax

Acts : Bengal Finance (Sales Tax) Act, 1941 - Sections 11

Reported in : ILR1977Delhi212

10, 1959 as it was not there in the rules originally framed. (9) On May 28, 1972, the Finance Act 1972 received the assent of the President. S. 69 of that Act amended the Bengal Sales-tax Act as enforced … the parties to bear their own costs. (i) Bengal Sales Tax Act (1941) as extended to Delhi - Section 11--Assessment under--whether a dissolved firm is an assessable unit and legal entity and as such liable to sales-tax prior

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 … penalty should not be also imposed on under provisions of Rule 15(2) of the Credit Rules read with Section 11 AC of Central Excise Act,1944 for Cenvat credit wrongly taken and utilized on account of suppression of the

Assistant Commissioner of Income Tax Vs. A.K. Menon, Custodian and ors ...

Court : Mumbai

Subject : Direct Taxation

Acts : Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Sections 2 and 11(2); Income Tax Act, 1961 - Sections 2(43), 220, 220(2), 234 and 271; Contract Act, 1872 - Sections 56; Provincial Insolvency Act, 1909

Reported in : 1996(5)BomCR564

this case the deceased person had 'control' of a Company within the meaning of section 65 of the Finance Act, 1940, during the five years ending with his death on March 29, 1953. Thus the shares held by … Harshad Mehta Group and Fairgrowth Financial Services Ltd., the time is approaching for distribution of their assets under section 11 of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 (hereinafter for brevity's referred

P.C. JaIn Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : Customs

Acts : Customs Act, 1962 - Sections 129(1) to 129(5), 129(6), 146A and 146A(2); Finance Act, 2007 - Sections 110; Advocates Act, 1961 - Sections 30; Indian Bar Councils Act, 1926 - Sections 9(4), 14 and 14(1); Central Excise Act, 1944 - Sections 2, 12, 35D, 35Q, 35Q(2) and 50; Finance Act, 1994 - Sections 65(5) and 83; Gold (Control) Act, 2003 - Sections 135; Customs and Excise Revenue Appellate Tribunal Act, 1986 - Sections 11; Administrative Tribunal Act, 1985 - Sections 11; Haryana Ceiling of Land Holdings Act, 1972 - Sections 20A; Karnataka Land Reforms Act, 1961 - Sections 48(8); Maharastra Restoration of Lands to Schedule Tribes Act, 1974 - Sections 3(1), 4 and 9A; Ancient Monuments and Archaeological Sites and Remains Act, 1958; Constitution of India - Articles 14, 19(1), 19(6), 21,

Reported in : 159(2009)DLT326

1962 (hereinafter referred to as the 'Custom Act'). The said provision was introduced by Section 110 of the Finance Act, 2007 w.e.f. 11.05.2007.1.1 The petitioners being aggrieved, have laid a challenge to the said provision, broadly on two … of the Punjab and Haryana High Court struck down Section 20A of the Haryana Ceiling of Land Holdings Act, 1972 on the ground of lack of legislative competence, for the reason that, both Section 30 of the Advocates

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 … result in economic detriment or prejudice to national interest - Appeal allowed - CODE OF CIVIL PROCEDURE, 1908. Section 11: [Dr. Arijit Pasayat & P. Sathasivam, JJ] Res judicata Held, The principles of res judicata not only apply