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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

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Jun 30 1982

Commissioner of Income-tax, Gujarat-i Vs. Lakhtar Cotton Press Co. (Pv ...

Court : Gujarat

Decided on : Jun-30-1982

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 263; Finance Act, 1973 - Sections 2(7); Finance (Amendment) Act, 1974 - Sections 2(8)

Reported in : [1983]142ITR503(Guj)

charges. The ITO treated the assessee as an 'industrial company' within the meaning of s. 2(7)(c) of the Finance Act, 1973. That section in so far as we are concerned, reads as under : 'For the purposes of this

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Apr 19 1984

Delhi Cold Storage (P.) Ltd. Vs. Commissioner of Income-tax, Delhi-1

Court : Delhi

Decided on : Apr-19-1984

Subject : Direct Taxation

Acts : Finance Act, 1973 - Sections 2(7)

Reported in : (1985)45CTR(Del)24; ILR1984Delhi407

of cold storage could be held to be an industrial company for purposes of section 2(7)(c) of the Finance Act, 1973, and the First Schedule thereto ?' 2. The assessed is a company incorporated under the Indian Companies Act.

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Apr 19 1984

The Delhi Cold Storage (P) Ltd. Vs. the Commissioner of Income-tax, B ...

Court : Delhi

Decided on : Apr-19-1984

Subject : Direct Taxation

Acts : Finance Act, 1973 - Sections 2(7)

Reported in : [1985]156ITR97(Delhi)

cold storage could be held to be an Indastrial Company . for purposes of Section 2(7)(c) of the Finance Act, 1973 and the First Schedule thereto ?'The assessed is a company incorporated under the Indian Companies Act. The assessment

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Aug 03 1977

Commissioner of Income-tax Vs. National Insurance Co. Ltd.

Court : Kolkata

Decided on : Aug-03-1977

Subject : Direct Taxation

Acts : Indian Income Tax Act, 1922 - Sections 2(4A), 3(1), 3(3), 3(5), 3(6), 10(1) and 66(1); ;Life Insurance (Emergency Provisions) Ordinance, 1956; ;Life Insurance (Emergency Provisions) Act, 1956 - Section 7; ;Life Insurance Corporation Act, 1956; ;Finance Act, 1973 - Section 4; ;Income Tax Act, 1961 - Section 28

Reported in : [1978]113ITR37(Cal)

argument of Mr. Pal which has not been noted earlier. It is based on section 4 of the Finance Act, 1973, by which Sub-clause (d) in Clause (ii) has been inserted in Section 28 of the Income-tax Act, 1961, … Life Insurance (Emergency Provisions) Act, 1956 (hereinafter stated as ' the Act '). The assessee was paid under Section 7 of the Act a compensation of Rs. 81,069 for the deprivation of the management of the said life

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Aug 10 2001

Commissioner of Income-tax Vs. Vijaya Retreaders

Court : Kerala

Decided on : Aug-10-2001

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 10A, 80-I and 256(1); Finance Act, 1968 - Sections 2(6); Central Excise Act; Finance (Amendment) Act, 1973 - Sections 2(7)

Reported in : [2002]253ITR53(Ker)

appellant-company running a cold storage was not an industrial company for the purpose of Section 2(7)(c) of the Finance Act, 1973. It was held that in a cold storage there was no processing of goods. In a Bench decision

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Jun 07 1993

Commissioner of Income-tax Vs. Berry's Hotels Pvt. Ltd.

Court : Mumbai

Decided on : Jun-07-1993

Subject : Direct Taxation

Acts : Finance Act, 1973 - Sections 2(7)

Reported in : [1994]207ITR615(Bom)

law in holding that the assessee is an 'industrial company' as defined in section 2(7) (c) of the Finance Act, 1973 ?' 2. The relevant assessment year is 1973-74. Berry's Hotels Private Ltd., Bombay - the assessee - is

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Apr 29 1991

Commissioner of Income-tax Vs. Ahmed A. Fazalbhoy (P.) Ltd.

Court : Mumbai

Decided on : Apr-29-1991

Subject : Direct Taxation

Acts : Finance Act, 1973 - Sections 2(7)

Reported in : [1991]189ITR663(Bom)

the assessee-company is entitled to be termed as an 'industrial company' as defined by section 2(7)(c) of the Finance Act, 1973 ?' 2. The assessee is a company whose main business is running a cold storage plant and also

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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, … was followed by the Supreme Court in Builders Associations of India v. Union of India : [1994]209ITR877(SC) . 7. Learned counsel for the assessee, however, contended that the assessee does not claim to be manufacturing or producing

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Aug 08 2000

The Indian Hotels Company Ltd. and Others Vs. the Income Tax Officer, ...

Court : Supreme Court of India

Decided on : Aug-08-2000

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80J(1), 80J(4), 80J(6), 32A, 33 and 256(2); Finance Act, 1979 - Sections 2(7); Central Sales Tax Act, 1956; Finance Act, 1968 - Sections 2(6); Finance Act, 1973 - Sections 2(7); Constitution of India - Article 139A

Reported in : AIR2000SC2645; [2000]245ITR538(SC); JT2000(9)SC139; 2000(5)SCALE475; (2000)7SCC39; [2000]Supp2SCR261

Commissioner of Income-Tax v. Berry's Hotels Pvt. Ltd. : [1994]207ITR615(Bom) and held that benefit of Section 2(7)(c) of Finance Act, 1973 can be given to manufacturing concerns and not to trading concerns. In Fariyas Hotels Pvt. Ltd. v. Commissioner

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