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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 … assessee is a private limited company carrying on business in ginning and pressing of cotton. Admittedly more than 80 per cent. of its income is from pressing charges recovered from customers and the balance relates to ginning

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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 … to grant weighted deduction under s. 35B on ECGC premium ?'whereas the sole question in IT Ref. Nos. 89 and 90 is as follows :'Whether the assessee is entitled to weighted deduction under s. 35B on interest

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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 … no doubt that the operation of blending would amount to 'processing' of ore within the meaning of Section 8(3)(b) and Rule 13. It is no doubt true that the blending of ore of diverse physical and chemical

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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, … C. Budharaja and Co. [1993] 204 ITR 41. In that case, the assessee was claiming benefits under Section 80HH, Section 84(2)(iii) and Section 32A of the Act. The assessee was carrying on business like construction of dani,

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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

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Feb 24 2009

James Hotels Ltd. Vs. Union Territory and ors.

Court : Punjab and Haryana

Decided on : Feb-24-2009

Subject : Property

Reported in : (2009)154PLR454

had completed construction of the property but could not utilise the same in yielding income so as to finance the payment of instalment because of lack of timely completion of infrastructural facilities like approach roads and parking … Rule 20 of the Chandigarh Lease Hold of Site and Building Rules, 1973 (for brevity, 'the Rules'). According to the notice the petitioner Company was … consideration is the norms and parameters prescribed for cancellation of the lease of the site. In that regard, Section 8-A of the 1952 Act deserves to be noticed, which reads thus:8-A. Resumption and forfeiture for breach of conditions

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Apr 01 2008

Gurcharan Singh Vs. Directorate of Revenue Intelligence

Court : Supreme Court of India

Decided on : Apr-01-2008

Subject : CustomsCriminal

Acts : Customs Act, 1962 - Sections 2, 2(33), 2(41), 8, 11, 13, 50, 76, 77, 104, 111, 113, 123, 132, 135, 135(1), 135B, 136 and 136(1); Customs (Amendment) Act, 2003; Finance Act, 2003 - Sections 109; Foreign Exchange Regulation Act, 1973 - Sections 14, 14(1), 15 and 18; Code of Criminal Procedure (CrPC) - Sections 482; Finance (No. 2) Act, 1991; Foreign Trade (Development and Regulation) Rules, 1993 - Rule 11

Reported in : 2008(1)ALD(Cri)968; 2008CriLJ2238; 2008(128)ECC5; 2008(154)LC5(SC); 2008(224)ELT497(SC); JT2008(4)SC383; 2008(4)SCALE403; 2008AIRSCW2280; 2008(2)AICLR821; 2008(3)Supreme28

entry of goods which was even otherwise covered. It is in that contingency that Section 109 of the Finance Act, 2003 provided:109. In Section 113 of the Customs Act, -(a) in Clauses (c), (e), (f), (g) and (h), … Notification had been issued by the Central Government in terms of Section 18 of the Foreign Exchange Regulation Act, 1973 viz-a-viz Section 14 thereof providing for valuation of goods for the purposes of assessment, it was held:16. The … the extent of Rs. 1,04,62,596/- Appellant herein alongwith others Pawan Kumar, Govind Jha, Radhey Lal made statements under Section 8 of the Act corroborating the allegations made against them that they had conspired with each other in regard

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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. … 8(3)(b) and r. 13, so as to attract the lower rate of sales tax under s. 8(1)(b). 7. Section 8 of the Central Sales Tax Act, 1956, and rule 13 of the Rules framed under the Act read

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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 … of the mechanical ore handling plant constituted manufacture or processing of ore for sale within the meaning of section 8(3)(b) and rule 13; and (2) Whether the process of mining, conveying the mined ore from the mining site

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Aug 03 1988

Aeroplane Shoe Factory Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Aug-03-1988

Subject : Direct Taxation

Reported in : (1989)28ITD478(Delhi)

Inserted by Finance Act, 1966 with effect from 1-4-1962.5. Explanation 2 to Section 35B Originally inserted by the Finance Act, 1973 with6. Explanation 2 to Section 37(2A) Inserted by the Finance Act, 1983 with retrospective7. Explanation 8 to Section

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