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New Excelsior theatre Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 33, 33(4) and (5) and 34(3); Finance Act, 1974 - Sections 16

Reported in : [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 … private limited company. The relevant assessment year is 1975-76 for which the relevant previous year ended on March 31, 1975. The assessee-company was incorporated on September 27, 1974. It closed its first year of accounting on March

Bhawanidas Binani Vs. Commissioner of Wealth-tax

Court : Mumbai

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 2; Finance Act, 1965 - Sections 68; Income Tax Act, 1961

Reported in : [1980]124ITR783(Bom)

and in the circumstances of the case, any part of the tax paid under Section 68 of the Finance Act, 1965, was a ' debt owed ' on the relevant valuation dates within the meaning of Section 2(m) … of tax. According to this submission, the charging section remains what it was under the I.T. Act, i.e., Section 3 of the Indian I.T. Act, 1922, or Section 4 of the I.T. Act, 1961. According to this submission,

Poonam Lata Vs. M.L. Wadhawan and ors. Overruled

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 389(4); Constitution of India - Articles 32 and 226; Conservation of Foreign Exchange and Prevention of Smugling Activities Act, 1974 - Sections 3(1), 9, 10 and 12

Reported in : AIR1987SC1383; [1988]63CompCas50(SC); 1987CriLJ1924; 1987(12)ECC346; 1987(30)ELT3(SC); JT1987(2)SC204; 1987(1)SCALE849; (1987)3SCC347; [1987]2SCR1123; 1987 Cri.LJ 1130

has been detained by an order passed by the Additional Secretary to the Government of India, Ministry of Finance, Department of Revenue, dated February 28, 1986, made under Section 3(1) of Conservation of Foreign Exchange and Prevention … dated February 28, 1986, made under Section 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the 'Act'), on being satisfied that it was necessary to detain him 'with a

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

Venkateshan S. Vs. Union of India (Uoi) and ors.

Court : Karnataka

Subject : Criminal

Reported in : 2001(73)ECC387

ORDER1. On 8.2.2000, the Joint Secretary to Government of India, Ministry of Finance, Department of Revenue, New Delhi, issued a detention order (Annexure-A) under Section 3(1) of the Conservation of Foreign … a detention order (Annexure-A) under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 [for short, COFEPOSA, Act], being satisfied that it was necessary to make such an order, directing that one

Travancore Electro-chemical Industries Ltd. Vs. Commissioner of Income ...

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 37, 80J, 214 and 246; Surtax payable under Companies (Profits) Surtax Act, 1964; Finance Act, 1974 - Sections 16

Reported in : [1995]214ITR195(Ker)

facts and in the circumstances of the case, and also on an interpretation of Section 16(c) of the Finance Act, 1974, is the assessee entitled to development rebate on the eight items listed in paragraph 2 of the order … capital employed fqr the purpose of granting relief under Section 80J (2) If the answer to question No. 3 is in the positive whether the Tribunal was right in law in refusing to consider the applicant's contention

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 … on income and on nothing else. Therefore, in order that the charge should be a legal charge under Section 3, it must be a tax on the income of the assessee. If the charge is a tax on

Zahoor Ahmed Peshimam and Another Vs. the Union of India and Others

Court : Mumbai

Subject : CustomsCriminal

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3; Constitution of India - Articles 22(5), 32 and 226; Foreign Exchang Regulation Act, 1973 - Sections 73; Defence of India Rules - Rule 30(1); Customs Act, 1962 - Sections 104; Gujarat Prevention of Antisocial Activities Act, 1985 - Sections 3(2)

Reported in : 1998(5)BomCR620

September, 1996, by the detaining authority Shri K.L. Verma, Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue (COFEPOSA Unit). The said orders dated 3-9-1996 have been issued in exercise of the powers … powers conferred upon him by section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974, (COFEPOSA). The detaining authority was satisfied with respect to the said detenus Sajid Ahmed and Kasim Dhorajiwala that

Amrit Lal Seth Vs. Union of India and anr.

Court : Delhi

Subject : CriminalCustoms

Acts : Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3(1); Constitution of India - Article 22(5); Customs Act, 1962 - Sections 111

Reported in : AIR1987Delhi340; 28(1985)DLT396

complaint in that regard was sent to the Directorate of Revenue Intelligence. Communications were sent to Hon'ble the Finance Minister as well as to the Secretary, Delhi Administration, Delhi regarding denial of interview to an Advocate with … of the powers conferred by Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 with a view to preventing him from smuggling goods and abetting the smuggling of goods. The petitioner challenges

Union of India (Uoi) and ors. Vs. Haji Mastan Mirza Overruled

Court : Supreme Court of India

Subject : Criminal

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3, 3(1) and 5; Constitution of India - Article 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Smugglers and Foreign Exchange Manipu lators (Forfeiture of Property) Act, 1976 - Sections 2(2), 6 and 7

Reported in : AIR1984SC681; 1984CriLJ610; 1984(1)Crimes651(SC); 1984(2)ECC137; 1984(1)SCALE402; (1984)2SCC427; [1984]3SCR1

Finance, Government of India under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, (COFEPOSA) is illegal, null and void ab initio and inoperative, and quashing that order as well as the