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Jun 25 1999

Petroleum India International Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jun-25-1999

Subject : Direct Taxation

Reported in : (2000)241ITR43(Mum.)

incorporated mainly to encourage earning of the foreign exchange, inviting our attention to the relevant notes to the Finance Act, 1967, the learned counsel contended that s. 85C granted the deduction till asst. yr. 1972-73 when s. 80-O … words 'the income so received" in s. 80-O. It was reiterated that s. 80-O is a stand alone section.Referring to the decision of the Supreme Court in the case of Distributors (Baroda) (P) Ltd. vs. Union of … case of Petron Engg. Construction (P) Ltd. vs. CBDT (1989) 175 ITR 523 (SC) in support of the contention that the object of s. 80-O

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Aug 26 2014

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

Court : Mumbai

Decided on : Aug-26-2014

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 … CCE Vs. Jay Engineering Works Ltd., (1989(39) ELT 169 (S.C.) (g) Indus Towers Ltd. Vs. CTO, Hyderabad, ((2012) 52 VST 447), (VIII) That it is impossible to conceive that the telecommunication services can be provided without towers

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Oct 25 2006

Deutsche Morgan Grenfell Group Plc (Respondents) Vs. Her Majesty's Com ...

Court : House of Lords

Decided on : Oct-25-2006

Subject : Land Acquisition

that section 14 (1) of the Income and Corporation Taxes Act 1988 (originally section 84 (1) of the Finance Act 1972), which imposed the obligation on UK companies to pay ACT in respect of dividends paid to their shareholders, … Metallgesellschaft case the Court of Justice decided that these arrangements infringed the right of establishment guaranteed by article 52 (now 43) of the EC Treaty in that they discriminated against companies resident in other Member States. It

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Jun 19 1985

Wealth-tax Officer Vs. Niranjan Narottam (individual)

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Jun-19-1985

Subject : Direct Taxation

Reported in : (1985)14ITD27(Ahd.)

would have been worded like Section 29(c)(ii).Illustrating the process further, the learned counsel referred to the provisions of Section 52 of the Income-tax Act, 1961 ('the 1961 Act') amended by the Finance (No. 2) Act, 1977, with effect … department pointed out that the question at issue was whether Section 7(4) inserted by Section 27(3)(b) of the Finance Act, 1976, is effective prospectively from the assessment year 1976-77 onwards or is applicable retrospectively for an earlier year … assessee of Rs. 3,95,260 and Rs. 2,72,700, respectively. For the assessment years 1972-73 to 1974-75, the same issue came up on appeal before the Commissioner

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Sep 26 2014

Bangalore Turf Club Limited Vs. Union of India

Court : Karnataka

Decided on : Sep-26-2014

Subject : Education

contentions raised by Sri S S Naganand for petitioners and contends that for the first time by 27 Finance Act, 1972 the definition of ‘income’, in Section 2(24) of the Act was amended to include winnings from lotteries, crossword … binding on the revenue. On account of I.T. authorities having levied tax by invoking sub- section (2) of Section 52 of the Act which related to tax on actual gains, even in cases where transaction was honest and

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Sep 26 2014

Bangalore Turf Club Ltd. Vs. Union of India

Court : Karnataka

Decided on : Sep-26-2014

Subject : Direct Taxation

the contentions raised by Sri S S Naganand for petitioners and contends that for the first time by Finance Act, 1972 the definition of 'income', in Section 2(24) of the Act was amended to include winnings from lotteries, crossword … are binding on the revenue. On account of I.T. authorities having levied tax by invoking sub-section (2) of section 52 of the Act which related to tax on actual gains, even in cases where transaction was honest and

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Oct 07 1980

G.N. Venkataswamy Vs. Tamil Nadu Small Industries Development Corporat ...

Court : Chennai

Decided on : Oct-07-1980

Subject : Constitution

Acts : Tamil Nadu Revenue Recovery Act, 1864 - Sections 52A, 62 and 63; Tamil Nadu Revenue Recovery (Amendment) Act, 1972 - Sections 52-A; Companies Act, 1956; Public Debt Act, 1944

Reported in : AIR1981Mad318; (1981)2MLJ254

Textile Corporaiton Ltd., the Tamil Nadu Handicrafts Development Corporation, the Tamil Nadu Ceramics Ltd., the Tamil Nadu Handloom Finance and Trading Corporation Ltd., the Tamil Nadu Theatre Corporation Ltd. the Tamil Nadu Forest Plantation Corporation Ltd., the … (I of 1864) as amended by the Tamil Nadu Act 12 of 1972, hereinafter referred to as the Act. The said Section 52-A reads as … Ismail, C.J.This batch of writ petitions raises common questions regarding the validity of Section 52-A of the Tamil Nadu Revenue Recovery Act (I of 1864) as amended by the Tamil Nadu Act 12

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Sep 08 1989

Commissioner of Income-tax Vs. Central Bank of India Ltd.

Court : Mumbai

Decided on : Sep-08-1989

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(10), 2(24), 45, 52, 52(2), 85A, 108, 115 and 119

Reported in : (1990)92BOMLR31; [1990]185ITR6(Bom)

and the Memorandum explaining its provisions.13. Mr. Dalvi then drew our attention to the Explanatory Notes to the Finance Act, 1965, issued under Circular No. 3-P dated, October 11, 1965. It is not disputed that this Circular was … in K. P. Varghese v. ITO : [1981]131ITR597(SC) . The Supreme Court was concerned with the interpretation of section 52(2). Literally interpreted, it said, the provision suggested that the Legislature had imposed a liability to tax on an

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Feb 20 1995

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

Court : Mumbai

Decided on : Feb-20-1995

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 … following passage from the judgment of the Supreme Court of California in People v. Arguello, 1869 (37) Calif. 524, which was approved by this court in Kesoram Industries v. Commissioner of Wealth Tax, : [1966]59ITR767(SC) , clearly

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Jul 09 2007

Commissioner of Income Tax, Kerala Vs. Tara Agencies

Court : Supreme Court of India

Decided on : Jul-09-2007

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 35B(1A), 35(1)(B) and 801B; Finance Act, 1978 - Sections 2(7), 32A, 35B(1A), 35B(2), 80MM and 80MM(2); Marine Products Export Development Authority Act, 1972 - Sections 3(1); State Financial Corporation Act, 1951 - Sections 2(C); Bombay Sales Tax Act, 1953 - Sections 7 and 8; Kerala General Sales Tax Act, 1963 - Sections 5A(1); Central Sales Tax Act, 1956 - Sections 8(3); Central Sales Tax Rules - Rule 13; Central Excise Act, 1944 - Sections 2

Reported in : (2007)210CTR(SC)454; 2007(214)ELT491(SC); [2007]292ITR444(SC); JT2007(9)SC65; 2007(3)KLT624(SC); 2007(9)SCALE100; (2007)6SCC429

the controversy involved in this case, it would be proper to reproduce Section 35B(1A)&(2) as introduced by the Finance Act, 1978:(1A) Notwithstanding anything contained in Sub-section (1), no deduction under this section shall be allowed in relation to … milk by pasteurizing, fruits and vegetables by sorting and repacking.29. According to the Marine Products Export Development Authority Act 1972, [Section 3(1)], processing in relation to marine produces includes the preservation of such products such as canning, freezing, drying, … 'manufacture' a century ago in Anheuser-Busch Brewing Assn. v. United States (1907) 52 L Ed. 336. The definition has been followed in subsequent American, English

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