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Rotork Controls India (P) Ltd. Vs. Commissioner of Income Tax, Chennai

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 30 to 39, 40A(1), 40A(7) and 145; Companies Act; Finance Act, 1975; Income Tax Act, 1922 - Sections 10(2)

Reported in : (2009)223CTR(SC)425; [2009]314ITR62(SC); JT2009(6)SC637; 2009(7)SCALE456; [2009]180TAXMAN422(SC); 2009AIRSCW4902

the High Court was affirmed by this Court. It was held that Section 40A(7) which stood inserted by Finance Act, 1975 w.e.f. 1.4.73 has been given an overriding effect over Section 28 as well as Section 37 of the

Virtual Soft Systems Ltd. Vs. Commissioner of Income Tax, Delhi-i

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28(1), 48, 143, 143(1), 143(1A), 260A, 271 and 271(1); Finance Act, 1975; Finance Act, 2002 - Sections 271; Taxation Laws (Amendment) Act, 1975; Finance Act, 1993; Finance Act, 1992; Finance Act, 1951; Income Tax Act, 1922 - Sections 23(5), 28 and 28(1); Constitution of India - Article 20(1)

Reported in : (2007)207CTR(SC)733; [2007]289ITR83(SC); JT2007(3)SC125; 2007(2)SCALE612; (2007)9SCC665

the Punjab and Haryana High Court pertaining to the assessment year 1970-71 was prior to the amendment of Finance Act, 1975 and therefore, was not applicable. For the same reason, the decision of this Court in affirming the decision … CIT v. S.V. Angidi Chettiar : [1962]44ITR739(SC) which referred to the expression 'income tax' this judgment being under Section 28(1)(c) of the Income Tax Act, 1922, Dooars Tea Co. Ltd. v. Commissioner of Agricultural Income-tax, West-Bengal : [1962]44ITR6(SC)

Commissioner of Income-tax Vs. Sanghi Oxygen Co.

Court : Rajasthan

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 36, 37, 40A and 40A(7); Finance Act, 1975

Reported in : [1993]203ITR784(Raj)

the provisions of Section 40A(7). The Income-taxAppellate Tribunal has ignored the amendment made by Section 6 of the Finance Act, 1975, with retrospective effect from April 1, 1973. It was further submitted that, when there is a specific provision, … that the claim of the assessee in respect of gratuity payable was allowable under Section 37 or under Section 28(i) of the Income-tax Act, 1961 ? (2) Whether, on the facts and in the circumstances of the case,

Glaxo Laboratories (India) Ltd. Vs. Second Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (1986)18ITD226(Mum.)

the assessee a chance to arrange its affairs. It was admitted that Section 40A(8) was introduced by the Finance Act, 1975 with effect from the assessment year 1976-77, thus, giving one year's advance notice, still it was claimed that … The Bench noted that similar view had been taken in CIT v. Tecakmit (Hind) Ltd. [1982] 137 ITR 285 (Cal.) which had followed its earlier decision in Kanan Devan Hills Produce Co.Ltd.'s case (supra) while interpreting provisions

Aluminium Industries Ltd. Vs. Union of India (Uoi)

Court : Kerala

Subject : Customs

Acts : Customs Tariff Act, 1975 - Sections 2 and 3; Finance Act, 1981 - Sections 47; Customs Act, 1962 - Sections 2(11), 2(12), 2(23), 2(27), 2(28), 7, 8, 12, 14, 15, 15(1), 16, 17, 25, 25(1), 29, 30, 31, 32, 33, 34, 45, 46, 47, 48, 68, 106, 110, 111, 113 and 115; Finance Act, 1980 - Sections 4(4) and 47; Customs Act, 1886; Customs Tariff Act, 1894; Sea Customs Act, 1878 - Sections 37, 57 and 86; Customs Rules; Customs Regulations

Reported in : 1985(4)ECC1; 1985LC554(Kerala); 1999(110)ELT474(Ker)

48, 68, 106, 110, 111, 115; Finance Act, 1980, Section 4(4); Finance Act, 1981, Section 47; Customs Tariff Act, 1975, Section 3 ; Countervailing Duty; Notfn. Nos. 176/79-CUS., 186/79-CUS, 41/80-CUS., 75/81-CUS., 76/81-CUS. - Import of Aluminium Ingots--Bate of Duty … held that the petitioner was liable to pay duties of customs as per the rates in force on 28-3-1981 which was the date on which the bill of entry was filed.2. The admitted facts are : The

Commissioner of Income-tax Vs. Hongkong Oceans Shipping and Others

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43A, 44B, 160, 163, 172, 172(1), (2), (4) and (7)

Reported in : [1999]238ITR955(Mad)

by a non-resident which carries passengers, livestock, mail or goods shipped at port in India. Prior to the Finance Act, 1975, there was a further clause at the end of sub-section (1) of section 172 as follows : 'Unless … of shipping business in the case of non-residents. - (1) Notwithstanding anything to the contrary contained in sections 28 to 43A, in the case of an assessee, being a non-resident, engaged in the business of operation of

Commissioner of Income-tax Vs. Dass Jewellers

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 69A, 143, 144, 147, 256(2) and 271(1); Finance Act, 1964; Taxation Laws (Amendment) Act, 1975

Reported in : 100(2002)DLT318

the Finance Act, 1964.The following principles were enunciated in Anwar Ali's case : [1970]76ITR696(SC) :(a) the proceedings under Section 28 are penal in character.(b) It is for the Department to establish that the receipt of the amount in … observed :-'Section 271(1)(c) of the Income-tax Act, 1961, as originally enacted, was to the same effect. By the Finance Act, 1964, however, the word 'deliberately' occurring in Clause (c) was omitted and the Explanation aforementioned was added. The … has failed to discharge his onus of proof. The aforesaid Explanation was amended by the Taxation Laws (Amendment) Act, 1975, with effect from 1st April, 1976. The amendment was prospective in effect and in the year under reference,

Commissioner of Income-tax Vs. Kanpur Textiles Ltd.

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(5), 6(3), 28, 30 to 38, 40, 40A(7), 80V and 256(2); Companies Act; Uttar Pradesh Industrial Disputes Act, 1947 - Sections 6(3); Payment of Gratuity Act, 1972; Wealth-tax Act; Finance Act, 1975; Income Tax Rules

Reported in : (2005)198CTR(All)293; [2005]276ITR140(All)

allowability of the amount of gratuity prior to the insertion of Section 40A(7) in the Act by the Finance Act, 1975, with effect from April 1, 1973, as follows (page 599) :'(1) Payments of gratuity actually made to the … an accrued basis as falling on the assessee in the year of account could be deductible either under Section 28 or Section 37 of the Act.'15. It is not in dispute that the Dr. Sampurnanand Award which was

Cit Vs. Dass Jewellers

Court : Delhi

Subject : Direct Taxation

Reported in : [2002]124TAXMAN702(Delhi)

by the Finance Act, 1964.The following principles were enunciated in Anwar Ali's case (supra) :(a) The proceedings under section 28 are penal in character.(b) It is for the department to establish that the receipt of the amount in … :'Section 271(1)(c) of the Income Tax Act, 1961, as originally enacted, was to the same effect. By the Finance Act, 1964, however, the word 'deliberately' occurring in clause (c) was omitted and the Explanationn aforementioned was added. The … has failed to discharge his onus of proof. The aforesaid Explanationn was amended by the Taxation Laws (Amendment) Act, 1975, with effect from 1-4-1976. The amendment was prospective in effect and in the year under reference, the amendment

Commissioner of Income-tax Vs. Andhra Prabha P. Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 36(1), 37(2) and 40A(7); Working Journalists (Conditions of Service and Miscellaneous Provisions) Act, 1955; Finance Act, 1975

Reported in : (1980)14CTR(Mad)269; [1980]123ITR760(Mad)

employees under an irrevocable trust,' 7. Subsequently, a new provision, Section 40A(7), came to be introduced by the Finance Act, 1975, with effect from 1st of April, 1973. The new provision stated :'(a) Subject to the provisions of Clause … shall be allowed in respect of the matters dealt with therein, in computing the income referred to in Section 28--... (v) any sum paid by the assessee as an employer by way of contribution towards an approved gratuity