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Jul 14 1997

Parakh Foods Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Jul-14-1997

Subject : Direct Taxation

Reported in : (1998)64ITD396(Pune.)

the total income under section 158BB, the Assessing Officer is not only to compute the income as per Chapter IV but is also bound to give relief as per the other provisions of Act except where the Legislature … as the Budget Speech of Finance Minister in the Parliament and Explanatory Notes on the Finance Bill and Finance Act, 1985. His first contention was that the intention of the Legislature is to assess only undisclosed income as

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Nov 10 1994

Vita Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Decided on : Nov-10-1994

Subject : Direct Taxation

Acts : Finance Act, 1975 - Sections 2(8)

Reported in : (1995)123CTR(Bom)256; [1995]211ITR557(Bom)

of goods within the meaning of the definition of an industrial company under section 2(8) (c) of the Finance Act, 1975 ?' 2. The assessee is a private limited company. This reference pertains to the assessment year 1975-76, the … Finance Act, 1975. Hence, this reference at the instance of the assessee. 4. We have heard learned counsel for the assessee. Section 2(8) (c) of … aforesaid activities included in its total income of the previous year (as computed before making any deduction under Chapter VI-A of the Income-tax Act) is not less than fifty-one per cent. of such total income.' 5. From

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Nov 03 2011

Union of India and anr. Vs. Ms Nitdip Text. Processors Pvt. Ltd. and o ...

Court : Supreme Court of India

Decided on : Nov-03-2011

Subject : Constitution

Acts : Constitution Of India - Article 226, 14; Finance (No.2) Act, 1998 - Section 87(m)(2) (b), 88, 89, 95, 98; Central Excise Act, 1944 - Section 14, 11A, ; Central Excise Rules, 1944 - Rule 173 Q, Section 209 A; Income Tax Act, 1961 - Section 297(2), 297(g); General Clauses Act, 1897, - Section 6

Reported in : 2011(4)KLT134(SN); 2012(1)SCC226; 2012(2)SCJ617; AIR2012SCW2723; 2012(2)KCCR61SN

before us in this appeal. 5) The Scheme was introduced by Finance (No.2) Act and is contained in Chapter IV of the Act. The Scheme is known as Kar Vivad Samadhana Scheme, 1998. It was in force between … words on or before the 31st day of March 1998 occurring in Section 87 (m) (ii) of the Finance Act, 1998. They had further prayed for issuance of an appropriate direction to the petitioner to give them benefit … indirect tax enactment means the Customs Act, 1962 or the Central Excise Act, 1944 or the Customs Tariff Act, 1975 or the Central Excise Tariff Act, 1985 or the relevant Act and includes the rules or regulations made

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Jul 27 2012

Commissioner of Income Tax Vs. M/S.Sheth Developers (P) Ltd.

Court : Mumbai

Decided on : Jul-27-2012

Subject : Direct Taxation

the amendment, according to the explanation the total income or loss was to be computed in accordance with Chapter IV of the said Act. Consequent to the amendment by Finance Act, 2002 with retrospective effect from 1/7/1995 the … 32;]” It would be pertinent to note that the words “this Act” in parenthesis were substituted by the Finance Act of 2002 with retrospective effect from 1/7/1975. Prior to the above amendment the words were “Chapter IV”. Further

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Oct 08 1985

Shree Sajjan Mills Ltd. Vs. Commissioner of Income Tax, M.P., Bhopal a ...

Court : Supreme Court of India

Decided on : Oct-08-1985

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 30, 34(3), 36(1), 37, 37(1), 39, 40A, 40A(1), 40A(7), 40D, 155(13) and 256(1); Payment of Gratuity Act, 1972; Finance Act, 1968 - Sections 40A; Companies Act; Finance (Amendment) Act, 1975

Reported in : AIR1986SC484; 1986LC276(SC); [1985]156ITR585(SC); 1985(2)SCALE737; (1985)4SCC590; [1985]Supp3SCR593

will be disallowed in cases to which these provisions of the Section apply. This Sub-clause was inserted by Finance Act, 1975 with retrospective effect from 1.4.1973. It is necessary to appreciate the purpose and object intended to be achieved … will be allowed in respect of gratuity unless and until certain conditions were fulfilled.23. Section 40A is in Chapter IV which deals with computation of total income. It is under the Sub-heading of a group of sections dealing

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Feb 11 1993

Agencia Geral (P.) Ltd. Vs. First Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Feb-11-1993

Subject : Direct Taxation

Reported in : (1993)45ITD243(Pune.)

contemplated by Clause (a) of Section 246. In fact, after the Finance Act, 1975 inserted Section 44B in Chapter IV dealing with computation of regular business income, provisions of Section 172(4) has virtually become otiose, though it is … ad hoc assessment contemplated by Section 172(4) has become meaningless in view of Section 44B inserted by the Finance Act, 1975 which provides that notwithstanding anything to the contrary contained in Sections 28 to 43A, profits of a non-resident

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Feb 28 1989

Anchor Line Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Feb-28-1989

Subject : Direct Taxation

Reported in : (1990)32ITD403(Mum.)

of shipping business in the case of non-residents'. This was brought on the statute book by insertion by Finance Act, 1975 with effect from 1-4-1976. This section reads as under:- 44B. (1) Notwithstanding anything to the contrary contained in … the assessee-appellant before the Income-tax Appellate Tribunal, I will like to supplement our reasoning in the following terms.2. Chapter IV in the Income-tax Act, 1961 deals with the topic,'computation of total income'. Subject matter of charge to income-tax

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Jan 28 1988

Appraiser, Madras Customs Vs. Tamil Nadu Newsprint Papers Ltd.

Court : Chennai

Decided on : Jan-28-1988

Subject : Customs

Acts : Customs Tariff Act, 1975; ;Central Excise Act; Central Excise Rules, 1944 - Rule 8(1); Customs Act, 1962 - Sections 25, 25(1) and 157

Reported in : 1988(36)ELT272(Mad)

in column (3) of the Table annexed hereto and falling within the Chapter of the First Schedule to the Customs Tariff Act, 1975 (51 of … only one year from 1st April of a year to the 31st March of the next year. The Finance Act relevant in this case is the Finance Act, 1983. Section 45 thereof provided for levy and collection of … writing and printing paper. The respondent registered a contract as per Heading No. 84.66 of the Customs Tariff Act, 1975, and Project Imports (Registration of Contracts) Regulations, 1965 with the Custom House, Madras, for clearance of the good … Act 1975------------------------------------------------------------------------.... ..... .... ....15. 84.31 Paper makingmachinery andcomponent partsthereof....... ....... ......------------------------------------------------------------------------ 4. On the same day, another notification was issued by the Central Government

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Jan 28 1988

The Appraiser, Appraising Department (Group Ii), Madras Customs, Custo ...

Court : Chennai

Decided on : Jan-28-1988

Subject : Customs

Reported in : 1988(17)ECC119

in column (3) of the table annexed hereto and falling within the Chapter of the First Schedule to the Customs Tariff Act, 1975 (51 of … one year from 1st of April of a year to the 31st March of the next year. The Finance Act relevant in this case is the Finance Act, 1983. Section 45 thereof provided for levy and collection of … writing and printing paper. The respondent registered a contract as per heading No. 84.66 of the Customs Tariff Act, 1975, and Project Imports (Registration of Contracts) Regulations, 1965 with the Custom House, Madras, for clearance of the goods … for registration of contract is found in regulation No. 3. Regulation No. 4 provides the assignment of a number to the contract while regulation No.

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Sep 07 1987

Tamil Nadu Newsprint and Papers Limited Vs. the Appraiser, Appraising ...

Court : Chennai

Decided on : Sep-07-1987

Subject : Customs

Reported in : 1988(14)LC548(Madras)

in column (3) of the Table annexed hereto and falling within the Chapter of the First Schedule to the Customs Tariff Act, 1975 (51 of … 25 of the Customs Act, 1962 (52 of 1962), read with Sub-clause (4) of clause 45 of the Finance Bill, 1983, which clause has by virtue of the declaration made in the Bill under the Provisional collection … under Heading No. or sub-heading No. , of Heading No. of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), specified in the corresponding entry in column (2) of the said table, when imported into

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