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Unit Trust of India, Mumbai and anr. Vs. P.K. Unny and ors.
Mumbai
Apr-19-2001
Direct Taxation
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
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 … a separate Act, no difference could ensue as far as the interpretation is concerned. He contended that under Section 18 of the Interest Tax Act, deduction is given to the Credit Institution in respect of interest tax payable.
Tag this Judgment! AI Brief & AskAddl. Commissioner (Legal) and anr. Vs. M/S. Jyoti Traders and anr.
Supreme Court of India
Sep-20-1998
Sales Tax
Income Tax Act, 1922 - Sections 34; Income Tax Act, 1961 - Sections 148 and 297(2); Finance Act, 1956 - Sections 18; Bengal Finance (Sales Tax) (Third Amendment) Act, 1974; Utter Pradesh Trade Tax Act, 1948; Bengal Sales Tax Rules, 1941 - Rule 80(5)
[1999]112STC277(SC)
case of a person deemed to be an agent of a non-resident person. By Section 18 of the Finance Act, 1956, period of one year was increased to two years. The relevant clauses of Section 34 prescribing the … Sales Tax Ordinance, 1973 was promulgated which was later replaced by the Bengal Finance (Sales Tax) (Third Amendment) Act, 1974. This amending Act substituted Section 26(1) of the principal Act under which now the State Government was empowered
Tag this Judgment! AI Brief & AskCommissioner of Wealth-tax Vs. Smt. V. Pathummabi
Kerala
Apr-07-1975
Direct Taxation
Wealth Tax Act, 1957 - Sections 18(1); Wealth Tax (Amendment) Act, 1964; Finance Act, 1969
[1977]108ITR689(Ker)
is, under Section 18(1)(i) of the Wealth-tax Act, 1957, as it stood prior to its amendment by the Finance Act, 1969 ?'2. The returns for the two years 1964-65 and 1965-66 should have been filed by the assessee
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Commercial Tax Officer and Others Vs. M/S. Biswanath Jhunjhunwala and ...
Supreme Court of India
Aug-28-1996
Sales Tax
Bengal Finance (Sales Tax) Act, 1941 - Sections 26; Bengal Sales Tax Rules, 1941 - Rule 80(5); Bengal Sales Tax Ordinance, 1973; Bengal Finance (Sales Tax) (Third Amendment) Act, 1974; Finance Act, 1956 - Sections 18 and 35; Income-tax Act, 1961 - Sections 297(2); Indian Income-tax (Amendment) Act, 1953 - Secttion 19
1996VIAD(SC)616; AIR1997SC357; JT1996(7)SC600; 1996(6)SCALE211; (1996)5SCC626; [1996]Supp5SCR286; MANU/SC/0097/1997
In the case of S.S. Gadgil, this Court said, and the passages are self-explanatory :Section 18 of the Finance Act, 1956, is, it is common ground, not given retrospective operation before April 1, 1956. The question then is, … out the purposes of this Act.The Ordinance was replaced by the Bengal Finance (Sales Tax) (Third Amendment) Act, 1974.4. Pursuant to the amendment of Section 26(1) of the Act, a Government Notification was issued on 30th March,
Tag this Judgment! AI Brief & AskTata MaIn Hospital Vs. the State of Jharkhand and ors.
Jharkhand
Sep-07-2007
Sales Tax/VAT
Bihar Finance Act, 1981 - Sections 2, 3, 7(3), 17(5) and 33; Sale of Goods Act, 1930; Government of India Act, 1935; Constitution of India - Articles 336 and 366
[2008(2)JCR174(Jhr)]
of 'Charu Pharmacy and Clinic v. State of Bihar and Ors. reported in 32 STC 265 (P) : 1974 BLJR 207'.15. 'Sale' has been defined under Section 2 (t) of the Bihar Finance Act, 1981, which reads … not a transaction which comes within the meaning of 'Sale' as defined under Section 2(t) of the Bihar Finance Act, 1981 and, therefore, is not taxable under the said Act.(ii) For declaration that the petitioner does not come … To quash the order contained in Annexure-13 to the writ application dated 18/03/2006 relating to the financial years 2001-02 to 2004-05 whereby the Assistant Commissioner,
Tag this Judgment! AI Brief & AskUnit Trust of India and anr. Vs. P.K. Unny and ors.
Mumbai
Apr-19-2001
Direct Taxation
Interest-tax Act, 1974 - Sections 2, 2(5A), 3, 3(1C), 3(2), 4, 4(2), 5, 7, 10, 12, 18, 21, 26C, 28, 32, 32(1) and 119; Unit Trust of India Act, 1963 - Sections 2(1), 4, 9(1), 9(2), 19(1)(3), 19(3), 21, 22(1), 22(2), 23, 24, 25, 25A, 25A(1), 25A(2), 25A(3), 25B, 25B(1), 25B(2), 32 and 32(1); Income-tax Act, 1961 - Sections 2, 2(7), 2(7A), 2(10), 2(24), 2(28A), 2(45), 9(1), 10, 14, 15, 16, 22, 24, 40, 43D, 44D, 115J, 116, 119, 148, 256(1) and 271(1); Companies Act, 1956 - Sections 4A; Hotel Receipts Tax Act, 1980 - Sections 21; Unit Trust of India (Amendment) Act, 1966; Wealth-tax Act, 1957; Super Profits-tax Act, 1963; Companies (Profit) Surtax Act, 1964; Rent Control Act; Public Premises Act; Direct Tax Laws (amendment) Act, 1987
(2001)168CTR(Bom)99; [2001]249ITR612(Bom)
the credit facility. In reply, Mr. Dastur submitted that Section 2(28A) was introduced in the Act by the Finance Act, 1988, because the Government wanted to levy tax on interest under Section 9(1)(v) of the Income-tax Act which … of law 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 the UTI from loans advanced by … a separate Act, no difference could ensure as far as the interpretation is concerned. He contended that under Section 18 of the Interest-tax Act, deduction is given to the credit institution in respect of interest-tax payable. That, the
Tag this Judgment! AI Brief & AskK.J. Joseph and ors. Vs. Income-tax Officer, a Ward
Kerala
Apr-04-1979
Direct Taxation
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
[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 … was placed on the decision of the 'Bombay High Court in CIT v. N.M. Raiji [1949] 17 ITR 180. There, the assessee was a partner in the firm of S.B. Billimoria & Co. from 1928. The partnership
Tag this Judgment! AI Brief & AskNew Excelsior theatre Pvt. Ltd. Vs. Commissioner of Income-tax
Mumbai
Dec-10-1993
Direct Taxation
Income Tax Act, 1961 - Sections 33, 33(4) and (5) and 34(3); Finance Act, 1974 - Sections 16
[1994]210ITR570(Bom)
The claim was made under section 33(4) of the Income-tax Act, 1961, read with section 16(c) of the Finance Act, 1974. This claim has been disallowed by the Tribunal. Hence, at the instance of the assessees, the following question … this express requirement, we cannot import the ratio of the judgment of the Gujarat High Court into this section. 18. In the premises, the question which is before us is answered in the affirmative and in favour of
Tag this Judgment! AI Brief & AskMohammed Kunju K.M. Vs. Asstt. Commissioner of Comml. Taxes
Kerala
Aug-12-2008
Sales Tax/VAT
Kerala General Sales Tax Act, 1963 - Sections 17, 17(6) to 17(9), 17A, 17A(8), 18 and 34(1); Revenue Recovery Act; Kerala General Sales Tax (Amendment) Act, 1993; Kerala Finance Act, 1993; Kerala General Sales Tax (Amendment) Act, 2005
2008(3)KLJ369; 2008(4)KLT157
proceedings and conclusion of the same should be within a reasonable time. It was in that background, the Finance Act, 1993 introduced amendments to Section 17 providing that the assessments should be completed within a period of 4 … as follows:17A. Assessment or reassessment of certain cases treated as pending -Notwithstanding anything contained in Section 17 or Section 18, or in any judgment, decree or order of any Court, Tribunal or other authority any assessment or reassessment … Kerala General Sales Tax Act. The question relates to the assessment years 1974-75 and 1980-81. Late Mytheen Kunju Sahib passed away on 24.3.1998. The legal
Tag this Judgment! AI Brief & AskK.M. Mohammed Kunju Vs. Assistant Commissioner of Commercial Taxes, (A ...
Kerala
Aug-12-2008
Sales Tax/VAT
Kerala General Sales Tax Act, 1963 - Sections 17, 17A, 17(6) to 17(9), 18 and 34(1); Revenue Recovery Act; Kerala Finance Act, 1993
(2009)22VST268(Ker)
proceedings and conclusion of the same should be within a reasonable time. It was in that background, the Finance Act, 1993 introduced amendments to Section 17 providing that the assessments should be completed within a period of four … reads as follows:17A. Assessment or reassessment of certain cases treated as pending.-Notwithstanding anything contained in Section 17 or Section 18, or in any judgment, decree or order of any court, Tribunal or other authority any assessment or reassessment … General Sales Tax Act, 1963. The question relates to the assessment years 1974-75 and 1980-81. Late Mytheen Kunju Sahib passed away on March 24, 1998.
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