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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

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 … form the subject-matter of the donation. In doing so, the ITO took the view that the provisions of Section 12(2) of the Act were attracted to these cases and the contributions made to the assessee-trust by the donor-trust

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

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

Court : Mumbai

Subject : Service Tax

the Credit Rules read with Section 11-AC of the Finance Act,1994 was also imposed by the said order. 12. As regards the stay application, by an order dated 1.5.2007 passed in Application no.ST/S/587/2007 in Appeal no.ST/49/2007-Mumbai, the … 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

Collector of Central Excise, Hyderabad Etc. Etc. Vs. M/S. Vazir Sultan ...

Court : Supreme Court of India

Subject : Excise

Acts : Finance Act, 1978 - Sections 37 (1); Central Excises and Salt Act, 1944 - Sections 2, 3 and 12B; General Clauses Act, 1897 - Sections 6; Central Excise Rules, 1944 - Rules 9(A) and 56A; Central Excises and Customs Law (Amendment) Act, 1991

Reported in : 1996IIAD(SC)580; AIR1996SC3025; 1996(54)ECC94; 1996(83)ELT3(SC); JT1996(3)SC112; 1996(2)SCALE603; (1996)3SCC434; [1996]2SCR1194

levied from 1963 upto 1971 by various Finance Acts passed from time to time. It was discontinued from 1972 until 1978 when it was revived by the Finance Act, 1978. Thereafter, it was being levied from year … ORDERB.P. Jeevan Reddy, J.1. Sub-section (1) of Section 37 of the Finance Act, 1978, levied a special duty of excise equal to five percent of the amount of excise duty chargeable … on cigarettes removed by the respondent between March 1, 1978 and March 12, 1978. The respondent's case was and is that though cleared on or

The Commissioner of Income-Tax, New Delhi Vs. the Eternal Science of M ...

Court : Delhi

Subject : Direct Taxation

Acts : Income tax Act, 1961 - Sections 11

Reported in : (1980)19CTR(Del)384; [1981]128ITR456(Delhi)

2(24) of the Act which defines income did not include 'voluntary contributions' prior to its amendment by the Finance Act, 1972 with effect from 1st April, 1973. By this amendment clause (iia) was introduced which provided as follows:'24............. (iia) … was not taxable income m the hands of the receiving trust isader the provisions of section 11 and section 12(2) of the Income-tax Act. 1961 for the assessment year 1970-71? 2. Whether on the fads and in the

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)

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 … or any precious or semi-precious stone, and that such ornaments are includible in the term jewellery alter March, 1972.'In order to appreciate the controversy raised in these cases, it would be necessary to give a legislative history … KASLIWAL J. - An identical question of law has been referred under section 27(1) of the Wealth-tax Act, 1957, in all the above-mentioned reference applications … the Punjab and Haryana High Court in Smt. Meera Jaiswals case [1982] 126 ITR 548, has followed the view taken by the Calcutta High Court

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 … 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 Services in Article 14, income from Dependent Personal

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 … C.I.T., Bombay 26 I.T.R. S.C. The Indian Income-tax and Excess Profits Tax (Amendment) Act, 1947 had inserted Section 12(B) in the Indian Income-tax Act, 1922. Section 12(B) imposed a tax on capital gains. The validity of the

Dr Baliram Waman Hiray Vs. Justice B. LentIn and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Commissions of Inquiry Act, 1952 - Sections 3, 3(1), 4, 5(4), 5(5) and 6; Code of Criminal Procedure (CrPC) - Sections 195, 195(1), 195(2), 195(3) and 346; Constitution of India - Article 141; Indian Penal Code (IPC) - Sections 193 and 228; Workmen's Compensation Act - Sections 23; Payment of Wages Act - Sections 18; Indian Railways Act - Sections 40

Reported in : AIR1988SC2267; (1988)90BOMLR434; 1988(3)Crimes655(SC); [1989]176ITR1(SC); JT1988(4)SC265; 1988(2)SCALE688; (1988)4SCC419; [1988]Supp2SCR942; [1989]72STC384(SC)

the course of his submissions, he has brought to our notice the words in parenthesis added by the Finance Act, 1985 introducing the following change in Section 136 of the Income-tax Act, 1961 w.e.f. April 1,1974 from which … was the one employed in Section 34 of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 Sub-section (1) of Section 34 of that Act provides that the District Magistrate, the Prescribed Authority or any … 19(6) of the Bird & Company Ltd. (Acquisition etc.) Act, 1980, Section 12(3)(d) of the Cine Workers etc. (Regulation of Employment) Act, 1981, Section 37(2)