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Aug 14 1991

Delhi Cold Storage Pvt. Ltd. Vs. Commissioner of Income-tax, New Delhi

Court : Supreme Court of India

Decided on : Aug-14-1991

Subject : Direct Taxation

Acts : Income Tax Act; Finance Act, 1973 - Sections 2(7) and 8(3)

Reported in : AIR1991SC2125; [1991]72CompCas723(SC); (1991)3CompLJ131(SC); (1991)98CTR(SC)165; [1991]191ITR656(SC); JT1991(3)SC449; 1991(2)SCALE346; (1991)4SCC239; [1991]3SCR589

a cold storage. The year of assessment is 1913-74. An 'industrial company' as defined in Section 2(7)(c) of Finance Act, 1973 for the purposes of the First Schedule of that Act was entitled to certain concessions in the matter … a temperature as possible without causing damage by freezing. Storage at temperature above freezing, in the neighbourhood of 35 F/2 C is known as cold storage. Storage at such temperature makes possible the holding in good condition

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Mar 12 2001

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

Court : Rajasthan

Decided on : Mar-12-2001

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

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Mar 12 2001

East India Hotels Ltd. and anr. Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Mar-12-2001

Subject : Direct Taxation

Acts : Rajasthan Land and Buildings Tax Act, 1964 - Sections 2(10), 3, 3(1B), 6, 10, 10A, 11, 11(1), 13, 13(1), 13(1B), 14, 15, 15B, 16A(1), 16(1), 21, 22 and 22A; Rajasthan Urban Land Tax (Amendment) Act, 1973 - Sections 4, 7, 7(2), 7(3) and 8 to 12; Rajasthan Lands and Buildings Tax (Amendment) Act, 1995; Rajasthan Ordinance, 1988; Wealth-tax Act, 1957; Motor Vehicles Taxation Act; Finance Act, 1989 - Sections 3(1B); Companies Act; Constitution of India - Articles 14, 141, 245 and 265

Reported in : AIR2001Raj286; [2001]250ITR789(Raj); 2001(4)WLN217

in the matter of the one-time tax scheme introduced by way of insertion of Section 5(1B) of the Finance Act, 1989 (Act No. 6 of 1989).2. The questions for our consideration are :'(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 … by the previous owner who had exercised the option in terms of one time tax scheme prescribed by Section 3(1B) of the Rajasthan Land and Buildings Tax Act, 1984 (hereinafter referred to as 'the Act'), even though the

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Mar 16 1982

Surendranath Gangopadhyaya Trust Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Mar-16-1982

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Section 164(3); ;Finance Act, 1973 - Section 2(3)

Reported in : (1982)29CTR(Cal)44,[1983]142ITR149(Cal)

language used in Section 164(3)(b), read in the background of Section 164 as also the provisions of the Finance Act, 1973, which was relevant for the year, and Sub-section (3) of Section 2 of the said Act, which is,

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Sep 23 1999

Commissioner of Income-tax Vs. Vaish Brother's and Co.

Court : Allahabad

Decided on : Sep-23-1999

Subject : Direct Taxation

Acts : Finance Act, 1973 - Sections 2, 2(7), 8(3), 32A, 80HH and 84(2); ;Wealth-tax Act, 1957 - Sections 5(1); Income Tax Act; Finance Act, 1966 - Sections 2(7)

Reported in : [2001]247ITR385(All); [2001]117TAXMAN579(All)

correct in holding that the assessee-company is an 'industrial undertaking' within the meaning of Section 2 of the Finance Act, 1973 ?' 2. The aforesaid question is stated to arise out of a consolidated order dated June 26, 1980, … the said Tribunal in I. T. A. Nos. 476 to 479 for the assessment years 1973-74 to 1976-77. 3. We have heard Shri A. N. Mahajan, learned counsel for the Commissioner-applicant, and Shri Vikram Gulati, learned counsel

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Apr 04 1979

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

Court : Kerala

Decided on : Apr-04-1979

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 … on income and on nothing else. Therefore, in order that the charge should be a legal charge under Section 3, it must be a tax on the income of the assessee. If the charge is a tax on

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Oct 23 1984

Hira Lal Vs. M.V.N. Rao and anr.

Court : Delhi

Decided on : Oct-23-1984

Subject : CustomsCriminal

Acts : Constitution of India - Article 22; Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3(1)

Reported in : 1985(1)Crimes936a; ILR1985Delhi335

Shri R. Mukhopadhyay, Deputy Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi was also filed. The facts which emerged … been indulging in buying and selling foreign exchange in violation of the provisions of the Foreign Exchange Regulation Act, 1973 and that it was necessary to detain him under Cofeposa with a view to prevent him from indulging … the detenu) pursuant to an order dated 28th June, 1984 having been passed by respondent No. I under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'COFEPOSA').

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Jun 14 1996

Commissioner of Income Tax Vs. N. C. John and Sons Ltd.

Court : Kerala

Decided on : Jun-14-1996

Subject : Direct Taxation

Reported in : (1996)135CTR(Ker)319

as may be prescribed.Original Explanation was renumbered as Explanation 1 and a new Explanation 2 was inserted by Finance Act, 1973 w. r. e. f. 1st April, 1968 Explanation 1. - In this section, 'domestic company' shall have the … the parties in these references and in all these references question with regard to the deduction under s. 35B of the IT Act, 1961 is common, whereas in IT Ref. Nos. 227 and 228 additionally three questions

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May 18 1977

Union of India (Uoi) and ors. Vs. Vazir Sultan Tobacco Co. Ltd.,

Court : Andhra Pradesh

Decided on : May-18-1977

Subject : ExciseCustoms

Acts : Central Excise Act, 1944 - Sections 3, 4 and 30; Finance Act, 1955 - Sections 4; Sea Customs Act, 1878 - Sections 3, 4 and 30; Central Excises (Amendment) Act, 1973 - Sections 4; Government of India Act, 1935

Reported in : 1978(2)ELT461(AP)

Salt (Amendement) Act, 1973 does not arise for consideration in this judgment. Section 4, after its substitution by Finance Act, 1955 provided as follows.9. It is the contention of the Revenue in these writ appeals, which have been … other in this group of matters, it is necessary to refer only to two sections of the Act. Section 3 of the Act, which is the chargin section in the Act provided at the relevant time that there

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Dec 13 2006

Southern Petrochemicals Industries Corporation Ltd. Vs. Administrator ...

Court : Supreme Court of India

Decided on : Dec-13-2006

Subject : Banking

Acts : Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 2, 2(1), 3, 3(1), 3(2), 4, 8, 10, 10(1), 19, 19(1), 19(2) and 34; UTI (Transfer of Undertaking and Repeal) Act, 2002 - Sections 3(2), 4, 5, 5(4), 7, 7(1to3), 11 and 18; Companies Act, 1956 - Sections 4A, 4A(1), 5(1) and 17; Contract Act - Sections 182; Unit Trust of India Act, 1963 - Sections 4, 19B, 21 and 22; Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951; Industrial Reconstruction Bank of India Act, 1984; Sick Industrial Companies (Special Provisions) Act, 1985; Small Industries Development Bank of India Act, 1989; Banking Regulation Act, 1949 - Sections 6; Urban Land (Ceiling and Regulation) Act, 1976 - Sections 19; Unit Trust of India Act, 1973 - Sections 3; Constit

Reported in : AIR2007SC533; II(2007)BC83; [2007]135CompCas474(SC); 2007(1)CTC425; (2007)2SCC282; [2007]75SCL467(SC); 2007AIRSCW83; 2007LawHerald(SC)78; 2007(3)KCCRSN104; 2007(2)AIRKarR39; JT2007(1)SC372

institution. The financial institutions specified included the 'Unit Trust of India' established under Section 3 of the UTI Act, 1973. By operation of Section 18 of the UTI Act, 2002, 'Unit Trust of India' is substituted by the … Act or the rules made thereunder shall be in addition to, and not in derogation of, the Industrial Finance Corporation Act, 1948 (15 of 1948), the Stale Financial Corporations Act, 1951 (63 of 1951), the Unit Trust

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