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Jan 30 1985

Y.D. Nanje Gowda Vs. Union of India and anr.

Court : Karnataka

Decided on : Jan-30-1985

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957; Income Tax Act, 1961 - Sections 64; Finance Act, 1974 - Sections 14; Finance (Amendment) Act, 1976 - Sections 27; Constitution of India - Article 14

Reported in : ILR1985KAR955; [1985]152ITR618(KAR); [1985]152ITR618(Karn)

rates only retaining the clause in principle effected in the Finance Act of 1974. Section 2 of the Finance Act, 1974, also made corresponding amendments in the I.T. Act of 1961 (the 'I.T. Act'). 16. The annual Finance Bill … by the Finance Act of 1976 (Central Act No. 66 of 1976) (Finance Acts), as violative of arts. 14 and 19(1)(f) of the Constitution. 4. Article 19(1)(f) of the Constitution has been deleted by the Constitution 44th

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May 10 2010

State of Rajasthan Vs. Uka and ors.,

Court : Rajasthan

Decided on : May-10-2010

Subject : Tenancy

to enforce its rights in any other manner under any other law for the time being in force.15. Section 14 of the Act of 1974 vests a right with a bank to acquire and dispose of immovable property … institutional thereto came into force on 21.9.1974 in the name of 'Rajasthan Agricultural Credit Operations (Removal of Difficulties) Act, 1974' (hereinafter referred to as 'the Act of 1974') with statement of objects and reasons, as follows:One of the … therein which inhibit the entry of commercial Banks into the field of financing of agriculture. It will, therefore, be necessary to modify these laws for

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Apr 13 2009

P.C. JaIn Vs. Union of India (Uoi) and anr.

Court : Delhi

Decided on : Apr-13-2009

Subject : Customs

Acts : Customs Act, 1962 - Sections 129(1) to 129(5), 129(6), 146A and 146A(2); Finance Act, 2007 - Sections 110; Advocates Act, 1961 - Sections 30; Indian Bar Councils Act, 1926 - Sections 9(4), 14 and 14(1); Central Excise Act, 1944 - Sections 2, 12, 35D, 35Q, 35Q(2) and 50; Finance Act, 1994 - Sections 65(5) and 83; Gold (Control) Act, 2003 - Sections 135; Customs and Excise Revenue Appellate Tribunal Act, 1986 - Sections 11; Administrative Tribunal Act, 1985 - Sections 11; Haryana Ceiling of Land Holdings Act, 1972 - Sections 20A; Karnataka Land Reforms Act, 1961 - Sections 48(8); Maharastra Restoration of Lands to Schedule Tribes Act, 1974 - Sections 3(1), 4 and 9A; Ancient Monuments and Archaeological Sites and Remains Act, 1958; Constitution of India - Articles 14, 19(1), 19(6), 21,

Reported in : 159(2009)DLT326

1962 (hereinafter referred to as the 'Custom Act'). The said provision was introduced by Section 110 of the Finance Act, 2007 w.e.f. 11.05.2007.1.1 The petitioners being aggrieved, have laid a challenge to the said provision, broadly on two … amongst others, answered the issue as to whether 9A of the Maharastra Restoration of Lands to Schedule Tribes Act, 1974, which barred advocates from appearing for any party in any proceeding under the said Act before the Commissioner, … person legally authorised to take evidence - as encapsulated in Section 30 of the Advocates Act, 1961 and Section 14 of the Indian Bar Councils Act, 1926. Here it is relevant to point out that the petitioners have

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Feb 22 2001

All India Federation of Tax Practitioners and ors. and Indian Institut ...

Court : Mumbai

Decided on : Feb-22-2001

Subject : Service Tax

Acts : Finance (No. 2) Act, 1998 - Sections 68 and 116; Constitution of India - Articles 14, 19, 19(1) and 246(1); Service Tax Rules, 1994 - Rule 6 and 6(3)

Reported in : (2001)168CTR(Bom)24; [2002]256ITR401(Bom)

same to the Central Government under Section 68 of the Act. The service tax was introduced by the Finance Act, 1994. The ambit of the Act was widened by the Finance (No. 2) Act of 1998 substituting Section … Western India Theatres Ltd. v. Cantonment Board, : AIR1959SC582 ; Kamta Prasad Aggarwal v. Executive Officer, Ballabgarh, AIR 1974 SC 685 and R. R. Engg. Co. v. Zila Parishad, Bareilly, : [1980]3SCR1 . We shall discuss these … grounds of lack of legislative competence and violation of rights under Articles 14 and 19(1)(g) of the Constitution. The Union of India seeks to sustain

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Mar 04 2008

Commissioner of Income-tax Vs. Nedungadi Bank Ltd.,

Court : Kerala

Decided on : Mar-04-2008

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 14, 29 and 260A; Interest Tax Act, 1974; Finance (No. 2) Act, 1991 - Sections 2(7); Interest-tax (Amendment) Act, 1991; Reserve Bank of India Act, 1934 - Sections 42(1B)

Reported in : [2009]312ITR96(Ker)

1961, are against the common order of the Tribunal holding that interest-tax is not payable under the Interest-tax Act, 1974, as amended by the Finance (No. 2) Act of 1991, on interest on Government securities received by the … upon the amendment to the Income-tax Act whereunder the income under the head 'Interest on securities' covered by Section 14 of the Act was deleted with effect from April 1, 1989. In the course of amendment, the statute

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Dec 18 1982

Addl. First Income-tax Officer Vs. J.M. Shah

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Dec-18-1982

Subject : Direct Taxation

Reported in : (1983)4ITD303(Mum.)

the assessee were allowed from salary income under Section 16(iv) of the Act, which was deleted by the Finance Act, 1974 with effect from 1-4-1975.7. The learned counsel then took us through the various papers under which the assessee … agency could be terminated by Voltas Ltd. at any time.10. Shri Trivedi then relied on the language of Section 14 of the Act and also on the discussion at pages 89 and 352 of the book Law of

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Apr 19 2001

Unit Trust of India, Mumbai and anr. Vs. P.K. Unny and ors.

Court : Mumbai

Decided on : Apr-19-2001

Subject : Direct Taxation

Acts : Interest Tax Act, 1974 - Sections 2, 2(5), 2(7), 3(1), 3(1C), 3(2), 4, 4(1), 4(2), 5, 6, 6(2), 7, 9, 9(1), 10, 10A, 18, 21, 26C, 28 and 119; Income-tax Act, 1961 - Sections 2(7A), 2(24), 2(28A), 2(45), 4, 5, 5A, 14, 15, 16, 24, 40, 43D, 44, 44AD, 44D, 115J, 116, 119 and 147; Companies Act, 1956 - Sections 4A; Finance Act, 1991; State Financial Corporations Act; Finance Act, 1988; Hotel Receipts Tax Act, 1980; Finance Act, 1980; Unit Trust of India Act, 1963 - Sections 9(2),19(1)(3), 19(3), 21, 22 to 25B, 25B(1) and 25B(2), 32, 32(1) and 52; Direct Tax Laws (Amendment) Act, 1987; Finance Act, 2000; Unite Trust of India (Amendment) Act, 1966 - Sections 2(1); Wealth Tax Act, 1957; Super Profit-tax Act, 1963; Companies (Profit) Surtax Act, 1964; Rent Control Act; Public Premises

Reported in : 2001(3)BomCR673; 2002(1)MhLj301

empowered to specify any other Institution, as it may think fit, to be a public Financial Institution. The Finance Act (No. 2) of 1991 came into force on and from 1st October 1991. Therefore, upto 1st October, 1991 … arise for determination in the aforesaid two Writ Petitions. A. Whether the interest tax under the Interest Tax Act, 1974 is a tax on income and, if so, whether interest accruing to UTI from loans advanced by it … contention, the learned Senior Counsel invited our attention to the various provisions of the Income Tax Act. Under Section 14, which deals with heads of income, all incomes have been classified under different heads. It was submitted that

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Apr 27 1979

National Planning and Construction Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Apr-27-1979

Subject : Direct Taxation

Acts : Finance Act, 1974 - Section 2(8); ;Finance Act, 1975

Reported in : [1980]122ITR197(Cal)

the hearing Dr. Debi Pal, learned counsel for the assessee, drew our attention to Section 2(8)(c) of the Finance Act, 1974, which reads as follows :' (c) ' Industrial company ' means a company which is mainly engaged in

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Jun 18 1980

Manubhai A. Sheth and Others Vs. N.D. Nirgudkar, 2nd Income-tax Office ...

Court : Mumbai

Decided on : Jun-18-1980

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(14)

Reported in : (1981)22CTR(Bom)41; [1981]128ITR87(Bom); [1980]4TAXMAN381(Bom)

of sub-cl. (iii) of cl. (14) of s. 2 of the I.T. Act, 1961, as substituted by the Finance Act, 1970 (Act 19 of 1970), which read with s. 45 of that Act operates to levy capital gains … on the sale of such lands. In the case of the petitioners in Miscellaneous Petition No. 875 of 1974-Jim Rusdin Private Ltd. v. J. M. Mehra and another-assessment orders were made for the years 1972-73 and 1973-74 … 1, 1937, the Govt. of India Act, 1935, came into force. Sub- section (2) of s. 311 of the said Act defined 'agricultural income' as

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Mar 20 2001

Life Insurance Corporation of India Vs. Joint Cit

Court : Mumbai

Decided on : Mar-20-2001

Subject : Direct Taxation

Reported in : (2002)74TTJ(Mumbai)624

interest on loans and advances under section 2(7) of the Interest Tax Act, 1974 (as amended by the Finance Act, 1994).4. Assessing officer in the assessment for assessment year 1992-93, referred to the definitions of debentures and bonds … have to be given effect. Reference was made to Central Board of Direct Taxes's instruction No. 1923 dated 14-3-1995. In view of the foregoing discussion, assessing officer included interest on debentures, bonds and Government securities in total

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