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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 … its arrival at a customs port deliver to the concerned officer an import manifest in the prescribed form (Section 30). The master of the vessel must not permit the unloading of any imported goods until an order has

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 … as it stood at the material time:General37. (1) Any expenditure (not being expenditure of the nature described in Section 30 to 36 [***] and not being in the nature of capital expenditure or personal expenses of the assessee),

Mahindra Ugine Steel Co. Ltd. Vs. the Union of India (Uoi) and ors.

Court : Mumbai

Subject : Customs

Reported in : 1986(10)ECC354

of 1.5th March, 1976 however, certain entries in the Customs Tariff were amended under the provisions of the Finance Act, 1976.3. As a result of this amendment a new item 63(30) was substituted for the previous item 63(30). … per cent ad valorem on the consignments under heading 63(8) of the First Schedule to the Customs Tariff Act, 1975 read with a notification dated 1st March, 1968 as amended by notification No. GSR 882 dated 29th May, … customs and the rate of duty of customs to be levied. Under Section 12 of the Customs Act, 1962 duties of customs are leviable on

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

Court : Kerala

Subject : ExciseCustoms

Acts : Customs Tariff Act, 1975 - Sections 2, 2(11), 2(13), 2(23), 2(25), 2(26), 2(27), 3, 12, 13, 14, 15, 18 to 24, 25, 30, 31, 32, 33, 34, 37, 45 to 49 and 68; Customs Act, 1962 - Sections 15(1) and 25(1); Finance Act, 1981; Central Excise Act

Reported in : 1984(2)ECC164; 1984(16)ELT183(Ker)

:-(i) Basic duty under Section 2 of the Customs Tariff Act, 1975;(ii) Auxiliary duty of customs under the Finance Act; and(iii) Additional duty of customs under Section 3 of the Customs Tariff Act, 1975.By a notification issued on … which duty is leviable.'Sections 29 - 43 in Chapter VI contain provisions relating to conveyances carrying imported goods. Section 30 prescribes that the person in charge of the conveyance shall, within twenty-four hours of arrival at the customs

Hotel and Allied Trades (P.) Ltd. Vs. Commissioner of Income-tax

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 271 and 271(1)

Reported in : [1996]221ITR619(Ker)

assessment years in question. Section 271(1)(c) read with the Explanation as it stood after the amendment by the Finance Act, 1964, with effect from April 1, 1964, the relevant portion reads as follows :'271. Failure to furnish returns, … On reference of the aforesaid question to this court in Income-tax References Nos. 76, 77 and 78 of 1975 by judgment dated November 11, 1977, this court after due consideration of the entire matter answered the question … on four occasions, i.e., on March 19, 1965, November 11, 1965, March 30, 1966, and July 23, 1966, and submitted four reports regarding the cost

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 … but not the latter as held in Peter Merchant Ltd. v. Stedeford (H. M. Inspector of Taxes) [1948] 30 TC 496 ; Indian Copper Corporation Ltd. v. CIT : [1977]110ITR434(Patna) ; CIT v. Instrumentation Ltd. [1987] 167

Commissioner of Income-tax Vs. Travancore Titanium Products Ltd. (No. ...

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 30 to 37, 37(1) and 40A(7); Payment of Bonus Act, 1965 - Sections 36; Income Tax Rules, 1962 - Rule 103

Reported in : [1993]203ITR714(Ker); (1994)ILLJ305Ker

an analysis of the position till the provisions of Section 40A(7) were inserted in the Income-tax Act, by Finance Act, 1975, with effect from April 1, 1973, the Supreme Court noticed the intention of the Legislature in enacting the … exclusively for the purpose of the business or profession not being expenditure of the nature described in Sections 30 - 36. As observed by the Madhya Pradesh High Court in Malwa Vanaspati and Chemical Co. Ltd. v.

Schradar-scovtll Duncan Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (1986)16ITD18(Mum.)

has invited our attention to the background in which Sub-section (5) was introduced in Section 37 by the Finance Act, 1983, with effect from 1-4-1979. It is pointed out that the Madras High Court in the case of … a considerable amount out of the total expenditure pertained to expenditure on current repairs which is allowed Under Section 30 of the Act and, therefore, Section 37(4) which overrides the provisions of Section 37(1) and 37(3) only will … 18 to 34 of the order dated 23-1-1983 for the assessment years 1975-76 to 1977-78, confirmed the disallowance for the earlier years under Section 37,

Commissioner of Income-tax Vs. Digvijay Cement Co. Ltd.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 33; Income Tax Rules

Reported in : (1998)150CTR(SC)206; [1998]232ITR709(SC); (1998)9SCC476a

provision was made under section 16 of the Finance Act, 1974 as amended by section 30 of the Finance Act, 1975 allowing deduction for the period 1-6-1974 to 31-5-1977 on the fulfilment of certain conditions. Income Tax Act 1961

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 … on interest incurred after 1-4-1976.2. The assessee-company manufactures Pharmaceuticals, drugs and milk products. Its accounting year ended on 30-6-1975 which is relevant for the assessment year 1976-77 (year under consideration). The ITO had disallowed under Section 40A(8)