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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)

The Finance Act, 1974, was brought into force to remove anomalies in the above provision. Accordingly, after the Finance Act, 1974, Section 10(10) read as follows during the relevant assessment year 1977-78 :'(10)(i) any death-cum-retirement gratuity received under the revised … S.H. Kapadia, J. 1. At the instance of the Department, the Income tax Appellate Tribunal has referred the following question for the

Commissioner of Income-tax Vs. Vippy Solvex Products P. Ltd.

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Finance Act, 1974 - Sections 16; Income Tax Act, 1961 - Sections 33, 33(5), 256 and 256(1)

Reported in : [2005]273ITR375(MP)

inter alia, on the ground that the same does not satisfy the requirement of Section 16(c) of the Finance Act, 1974. The assessee felt aggrieved of this order filed an appeal to the Commissioner of Income-tax (Appeals). By order … A.M. Sapre, J.1. This is a reference made under Section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue (Commissioner of Income-tax), by the Tribunal to this court for answering the

Commissioner of Income-tax Vs. Chemical and Metallurgical Design Co. L ...

Court : Delhi

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 80AA, 80AB, 80HH, 80M, 80N, 80-O, 80T, 85 and 256(1); Finance Act, 1974 - Sections 17; Finance Act, 1968; Finance Act, 1971

Reported in : 2000(57)DRJ246; [2001]247ITR749(Delhi)

the Revenue would appear attractive, in reality, it is not so. The effect of Section 17 of the Finance Act, 1974, which brought about certain amendments to Sections 80N and 80-O have not been noticed and a bare reading … Arijit Pasayat, C.J.1. This judgment will cover I. T. Rs. Nos. 132 to 135 of 1978,2. Expressing doubt about the correctness of the ratio indicated in CAT v. Marketing Research

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)

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 2(7)(e) of the Finance Act, 1973, provides as follows : '2. (6) In the cases to … Gopalan Nambiyar, C.J. 1. These writ petitions attack the constitutional validity of Section 2(6), 2(7)(e) and Part IV of the 1st Schedule

Commissioner of Income-tax Vs. Southern Petro Chemical Industries Corp ...

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32, 33 and 33(1); Finance Act, 1974 - Sections 16

Reported in : (1999)151CTR(Mad)188; [1998]233ITR391(Mad)

Section 33(1)(a) of the Act.9. The first appellate authority relied upon the provisions of Section 16 of the Finance Act, 1974. Before referring to Section 16 of the Finance Act, 1974, it is necessary to notice that the development

Commissioner of Income Tax Vs. N.J. Pavri

Court : Mumbai

Subject : Direct Taxation

Reported in : (1999)153CTR(Bom)134

so calculated, whichever is less; 'A bare reading of the above section as it stood before amendment by Finance Act, 1974, shows that gratuity payment to employees of the Government, local authority or a statutory corporation was totally exempted … the Tribunal has referred the following question for the opinion of this Court in respect of asst. yr. 1977-78, under s. 256(1) of the IT Act, 1961 :Whether, on the facts and in the circumstances of the

Commissioner of Income-tax Vs. Orient Marine Products Pvt. Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 33(1), 34, 80J, 80J(4) and 80HH; Finance Act, 1974 - Sections 2(8)

Reported in : (1995)127CTR(Mad)207; [1995]214ITR44(Mad)

that the assessee should be treated as an 'industrial company' within the meaning of section 2(8)(c) of the Finance Act, 1974, and that the rate of tax to be adopted should be 55 percent. and not 65 per cent. … Thanikkachalam, J. 1. At the instance of the Department, the Tribunal referred the following questions for the assessment year 1978-79 for

Commissioner of Income-tax Vs. Vippy Solvex Products P. Ltd.

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 33, 256(1) and 256(2); Finance Act, 1974 - Sections 16

Reported in : [1998]230ITR92(MP)

dated May 25, 1971, in respect of plant and machinery installed after May 31, 1974. Section 16of the Finance Act, 1974, however, provided that the benefit of the scheme would be available in some exceptional cases even in respect … Jain, J.1. The Commissioner of Income-tax, Bhopal, has made an application under Section 256(2) of the Income-tax Act, 1961 (for short, 'the Act'), seeking a direction to the Income-tax Appellate Tribunal, Indore Bench, Indore, to state the

M. Natarajan Vs. State by Inspector of Police, Spe, Cbi, Acb Chennai

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 120B, 420, 467, 468 and 471; Prevention of Corruption Act, 1988 - Sections 13(1) and 13(2); Finance Act, 1998 - Sections 86 to 98; Indirect Tax Act; Direct Tax Act; Conservation of Foreign Exchange And Prevention of Smuggling Activities Act, 1974; Kerala Sales Tax Act; Central Excise Act, 1944; Customs Tariff Act, 1975; Central Excise Tariff Act, 1985; Central Excise Tariff Act, 1986; Code of Criminal Procedure (CrPC) - Sections 239, 245 and 482; Customs Act, 1962 - Sections 28, 90(1), 127H, 132 and 136; Constitution of India - Article 246; Wealth Tax Act, 1957; Gift Tax Act, 1958; Income Tax Act, 1961; Interest Tax Act, 1974; Expenditure Tax Act, 1987

Reported in : (2008)217CTR(SC)1; 2008(120)ECC141; 2008(156)LC141(SC); 2008(226)ELT679(SC); JT2008(6)SC451; 2008(8)SCALE290; (2008)8SCC413; (2008)3SCC(Cri)507.

for clearance of the car, secondly in a scheme, namely, Kar vivad Samadhan Scheme, 1998 (KVSS) floated vide Finance Act No. 2 of 1998 which commenced from 1.9.1998, it was clearly provided that if a tax- payer settles … the prosecution under the Customs Act, 1962, an equal deterrent is emphasized under the provisions of the COFEPOSA Act, 1974 i.e. provisions for preventive detention. Such preventive detention prohibits smugglers from indulging in further smuggling activities. In the … at the instance of Central Bureau of Investigation, Chennai for offences under Sections 120B read with Section 420, 468, 471 IPC and Section 13(2) read

BadruddIn Bashar Khan Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Criminal

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3(1), 7(1), 8 and 11(1); Customs Act, 1962 - Sections 104; National Security Act; Preventive Detention Act, 1971 - Sections 9; Constitution of India - Article 22(5)

Reported in : 141(2007)DLT448; 2007(96)DRJ526

of India, specially empowered under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended) who was satisfied with respect to the person named as Sadruddin Basar Khan, S/o Shri Basar … the Customs Act, 1962. The DRI Officers, subsequently arrested the Detenu also as the person who had allegedly financed Chand in the Smuggling of the said Diesel Oil into India. All the persons who were arrested were