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Suresh Chand Talera Vs. Commissioner of Income Tax

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 4(1), 10, 64(1A), 133A, 145, 145(2), 146 and 260A; Finance Act, 1973; Finance Act, 1996 - Sections 2; Essencial Dispute Act - Sections 6 and 16; Constitution of India - Article 366(9)

Reported in : (2006)201CTR(MP)153; [2006]282ITR341(MP)

the rate that is to be applicable to the income of the appellant. He submitted that since the Finance Act, 1973, every Finance Act has been making such provision for taking into consideration the agricultural income of the assessee … in law in adding the agricultural income of minor son to the income of the appellant-assessee even when Section 10 of the IT Act expressly excluded such an income ?After formulating the aforesaid two substantial questions of law,

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 … 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 … and Certificate No. 798 dated March 16, 1972'. For the assessment year 1973-74 for which the previous year of the assessee ended on November 5,

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 … also the circular by the Board bearing No. 108, dated March 20, 1973. Hence, for different reasons given hereinabove, the Assessing Officer as also the … 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

East India Hotels Ltd. and Another Vs. the State of Rajasthan and Othe ...

Court : Rajasthan

Subject : Other Taxes

Acts : Rajasthan Land and Building Tax Act, 1984 - Sections 2(10), 3(1B), 6, 13, 15, 19, 21, 37, 42 and 50; Constitution of India - Articles 14, 141, 245, 265 and 299; The Finance Act, 1989 - Sections 3(1B) and 16A (1); Companies Act, 1956; Finance Act, 1997 - Sections 14; Wealth Tax Act, 1957; Rajasthan Lands and Buildings Tax (Amendment) Act, 1995; Rajasthan Urban Land Tax (Amendment) Act, 1973 - Sections 8 and 12; Code of Civil Procedure (CPC), 1908 - Sections 58

Reported in : 2001(3)WLC62

in the matter of one lime tax scheme introduced by way of insertion of Section 3(1B) of the Finance Act, 1989 (Act No. 6 of 1989)(2). The questions for our consideration are that:-(1) Whether, fresh assessment is permissible … declared a cantonment or is constituted a municipality, after the commencement of the Rajasthan Urban Land Tax (Amendment) Act, 1973, the tax on lands and buildings situate in such area shall be levied and collected with effect from … under section 14. Sections Hand 15 of the Act read as follows: '14. Duration of tax determined under section 10 to 11 (1) The amount of lax determined under section 10 or 11 with the modification, if any,

Commissioner of Income-tax Vs. Smt. Shashi Aggarwal and ors.

Court : Allahabad

Subject : Direct Taxation

Acts : Finance Act, 1973; Income Tax Act, 1961 - Sections 271(1)

Reported in : (2006)201CTR(All)48; [2005]272ITR36(All)

income was includible in the total income for rate purposes, in view of the amendment made by the Finance Act, 1973. The Income-tax Officer initiated penalty proceeding under Section 271(1)(c) of the Act and levied penalties. However, in appeal, … under Section 2(24) of the Act 'income' has been defined. It does not include agricultural income. Under Section 10(1) of the Act it has been specifically provided that agricultural income shall not be included in the total

K.J. Joseph and ors. Vs. Income-tax Officer, a Ward

Court : Kerala

Subject : Direct Taxation

Acts : Finance Act, 1974 - Sections 2(2), 2(6), 2(7) and 2(8); Constitution of India; Income Tax Act - Sections 4, 10(1), 66 and 110; Finance Act, 1973

Reported in : [1980]121ITR178(Ker)

petitions attack the constitutional validity of Section 2(6), 2(7)(e) and Part IV of the 1st Schedule of the Finance Act, 1973 ; and also Sections 2(2), 2(7)(b)(ii), 2(8)(e) and Part IV of the Finance Act, 1974. Section 2(6) and … payment in advance have been directed. The succeeding sections provide for computation of the total income. Among these, Section 10 provides for the type of income that shall not be included in the reckoning. The first of these,

Cit Vs. Smt. Shashi Aggarwal and ors.

Court : Allahabad

Subject : Direct Taxation

Reported in : [2005]143TAXMAN199(All)

income was includible in the total income for rate purposes, in view of the amendment made by the Finance Act, 1973. The Income Tax Officer initiated penalty proceeding under section 271(1)(c) of the Act and levied penalties. However, in … under section 2(24) of the Act 'income' has been defined. It does not include agricultural income. Under section 10(1) of the Act it has been specifically provided that agricultural income shall not be included in the total

Rambhai L. Patel Vs. Commissioner of Income-tax

Court : Gujarat

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 2(30), 6(6), 10, 10(4A), 92, 93, 168, 256(2), 263 and 271(1); Finance Act, 1968; Finance Act, 1982; Foreign Exchange Regulation Act, 1947 - Sections 73; Foreign Exchange Regulation (Amendment) Act, 1973 - Sections 2; Non-resident (External) Account, Rules, 1970

Reported in : [2001]252ITR846(Guj)

such where it is not possible to ascribe any other meaning to the words 'not resident'.9. When the Finance Act, 1968, amended and altered the exemption originally granted by Section 10(4A) of the Act with effect from April … scheme, non-residents will be persons resident outside India as defined in Section 2(q) of the Foreign Exchange Regulation Act, 1973. Companies, firms, bodies, corporate and other associations ofpersons, by whatever name called, will not be eligible to open

Commissioner of Income Tax Vs. Asandas Khatri

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10(4), 80L, 132, 143, 158BB(1), 158BC and 260A; Finance Act, 2002 - Sections 2; Foreign Exchange Regulation Act, 1973; Foreign Exchange Regulation Rules

Reported in : (2006)201CTR(MP)160; [2006]283ITR346(MP)

senior counsel for the appellant very fairly submitted that Section 158BB of the Act has been amended by Finance Act, 2002 with retrospective effect from 1st July, 1995 and the effect of such amendment is that the undisclosed … credit in a Non-resident (External) Account in any bank in India in accordance with the Foreign Exchange Regulation Act, 1973 (46 of 1973), and the rules made thereunder:Provided that such individual is a person resident outside India as … NR(E) account were exempt from income-tax as per the provisions of Section 10(4)(ii) of the Act.3. On 18th July, 2001, the Court at the time

Shanti Devi Progressive Vs. Assistant Director of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1999)68ITD1(Delhi)

it was stated that the same was not reflected purposely as the revenue receipt. The Delhi School Education Act, 1973 (hereinafter called DSE Act, 1973) prohibits such receipts. The Act of accepting the admission fee beyond the limit … to educational institutions as such and not to anyone who might be financing the running of such an institution. The Appellate Tribunal, by a common … Delhi Administration. It was stated that up to assessment year 1992-93 the society had been granted exemption under section 10(22) of the Act. During the relevant year of assessment assessee filed return on Form No. 3A. Exemption was