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Commissioner of Wealth-tax Vs. M.K. Abdul Khader Haji (Decd.)

Court : Kerala

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 5 and 5(1); Finance Act, 1976; Foreign Exchange Regulation Act, 1973

Reported in : [2000]242ITR728(Ker)

India, by persons of Indian origin or by citizens of India--Section 5(l)(xxxiii). Section 5(l)(xxxiii), newly inserted by the Finance Act, 1976, with effect from April 1, 1977, grants exemption, for and from the assessment year 1977-78, to an … applicable in a non-resident (external) account in any bank in India in accordance with the Foreign Exchange Regulation Act, 1973, and any rules made thereunder on the date of his return shall be deemed to be moneys brought

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

Court : Allahabad

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, … under Chapter VI-A of the Income-tax Act), is not less than fifty-one per cent, of such total income.' 5. This claim was negatived by the Assessing Officer as well as by the Commissioner of Income-tax (Appeals) but

Commissioner of Income-tax Vs. Beehive Engineering Co. and Allied Indu ...

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961- Sections 28 and 80HH

Reported in : (1996)136CTR(AP)321; [1996]221ITR561(AP)

orders of the Tribunal. Before we construe the definition of the 'industrial company' in section 2(7)(c) of the Finance Act, 1978, it would be useful to notice the findings of fact recorded by the Tribunal. 6. From the … authority, it is seen that the assessee-company was treated as manufacturing industrial company prior to the assessment years 1973-74 to 1977-78. This dispute arose only in respect of the assessment year 1978-79. But the finding of the … that the income of the assessee from those activities was more than 51 per cent. However, following the judgment of the Orissa High Court in

Shaha Perajchand Nowpaji Vs. Commissioner of Gift-tax

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Gift-tax Act, 1958 - Sections 4, 4(2), 5(1) and 26(1); Income Tax Act, 1961 - Sections 64(2); Wealth Tax Act, 1957 - Sections 4(2)

Reported in : [1988]173ITR439(AP)

it earns exemption under s. 5(1)(viii). NOTE- Section 5(1)(viii) has been omitted with effect from 1-4-1987 by the Finance Act. The related exemption is not therefore available during assessment year 1989-90. - - The proposition is too well-settled. … Income-tax Appellate Tribunal made this reference under section 26(1) of the Gift-tax Act. The assessment year involved is 1973-74 for which the relevant previous year commenced from October 20, 1971, and ended on November 5, 1972. The

Shethia Mining and Manufacturing Corporation Ltd. Vs. Commercial Tax O ...

Court : Kolkata

Subject : Sales Tax

Reported in : [1977]39STC246(Cal)

the consent of the Central Government.6. It appears that on 9th July, 1973, there was a notification under Section 5 of the Coal Mines (Nationalisation) Act, 1973, which was to the following effect:G.S.R. 345(E).-In exercise of the powers … Central Sales Tax Act, 1956, read with Section 11(1) of the Bengal Finance (Sales Tax) Act, 1941.2. The period relevant for the said assessment was … with effect from 31st March, 1973. Thereafter on 31st March, 1973, the Coal Mines (Taking Over of Management) Act, 1973, came into effect. Sub-section (1) of Section 3 of the said Act provides that on and from the

Polestar Electronic (Pvt.) Ltd. Vs. Additional Commissioner, Sales Tax ...

Court : Supreme Court of India

Subject : Sales Tax

Acts : Bengal Finance (Sales Tax) Act, 1941 - Sections 5(2); Sales Tax Act

Reported in : AIR1978SC897; (1978)1SCC636; [1978]3SCR98; [1978]41STC409(SC); MANU/SC/0337/1978

(vi) such other sales as may be prescribed; This was the definition until 28th May, 1972, when by Finance Act, 1972 the main enactment in Section 5(2)(a)(ii) was substituted by the following provision :(2) In this Act the … amendment was made in the form of the certificate of registration and it was only on 29th March, 1973 that Clause (3) of the form of the certificate of registration was substituted so as to declare that

Ram Prakash Agarwal (Huf) Vs. Commissioner of Income Tax

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32A(2), 80HH and 80J

Reported in : (2004)191CTR(All)272

for holding that the stored articles are undergoing a process within the meaning of Section 2(7)(c) of the Finance Act, 1973, and, accordingly, cold storage was not industrial company. Thus, it is not entitled for investment allowance under Section … covered by the decision of the Hon'ble Supreme Court in the case of Delhi Cold Storage (P) Ltd. v. CIT, : [1991]191ITR656(SC) .In the aforesaid case, the Hon'ble Supreme Court has held that in a cold storage,

Dharmpal Satyapal Ltd. Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 9, 11, 11A and 35F; Finance Act, 2003 - Sections 154 and 154(3); Finance Act, 1982 - Sections 51; Haryana General Sales Tax Act, 1973 - Sections 39 and 39(5); Small Causes Courts Act - Sections 17; Court-fees Act - Sections 6; Customs Act; Central Excise Rules, 1944 - Rules 8(1), 9 and 49; Code of Civil Procedure (CPC) - Order 41, Rule 1; Constitution of India - Articles 14, 19(1) and 226

8.7.1999..The Union of India preferred SLP (c) No. 4131-34/2003 against the judgment in writ appeal.14.5.2003 : By the Finance Act, 2003, the benefit of Notification No. 32/1999 dated 8.7.1999, withdrawn from its inception viz. from 8.7.1999 to 28.2.2001 … STC 285 (State of Haryana v. Maruti Udyog Ltd.). Referring to Section 39 of Haryana General Sales Tax Act, 1973 under which also as in the instant case the assessee is required to deposit the tax assessed towards

North Arcot Ambedkhar and Sambuvarayar District Recognised Private Aid ...

Court : Chennai

Subject : Constitution

Reported in : (1999)1MLJ635

Government, Education, Science and Technology Department as Chairman and Secretary to Government, Finance Department or his nominee, Director of School Education and others. The Committee … no hardship for any students.22. All these schools are governed by the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973. Section 4 of the Act says that no private schools could be established without the sanction of the Government. … empowers the Government to regulate the different stages of education and courses and instruction of private schools. Under Section 5 of the Act, an application has to be filed for permission certain particulars will have to be given

Commissioner of C. Ex. Vs. Saktigarh Textile Industries Pvt. Ltd.

Court : Kolkata

Subject : Excise

Acts : Limitation Act, 1963 - Sections 3, 4, 5, 24 and 29(2); ;Central Excise Act, 1944 - Sections 35G, 35G(1), 35G(3), 35H and 35(1); ;Finance Act, 1999 - Sections 35H; ;Foreign Exchange Regulation Act, 1973 - Section 54; ;Foreign Exchange Management Act, 1999 - Sections 35, 112, 128 and 130A; ;Income Tax Act - Sections 256 and 256(2); ;Customs Act, 1962 - Section 130(3); ;Wealth Tax Act, 1957 - Sections 35H and 27(2); ;Limitation Act, 1908 - Sections 3, 5 and 5(9); ;Representation of Peoples Act, 1951 - Sections 81, 82, 86 and 117; ;Uttar Pradesh Sales Tax Act, 1948 - Section 10; ;Arbitration Act, 1940; ;Arbitration and Conciliation Act, 1996 - Section 34; ;Andhra Pradesh (Telan-gana areas) Tenancy and Agricultural Lands Act, 1950; ;Code of Civil Procedure (CPC) - Section 151

Reported in : 2005(188)ELT8(Cal)

Section 35H of the Central Excise Act, 1944 and points out that this Section 35H was inserted by Finance Act, 1999 replacing the earlier provisions where the period of limitation was less than the period of limitation provided … the statute dealing with Revenue Laws operating in the Revenue field.7.2 Section 54 of the Foreign Exchange Regulation Act, 1973 while providing for appeal to the High Court prescribed that an appeal should not be entertained if filed … the respondent, has raised a very interesting point on a question of law as to the applicability of Section 5 of the Limitation Act in order to assail the maintainability of the application for condonation of delay in