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Shree Synthetics Limited Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Excise

Acts : Companies Act, 1956; Central Excise Act, 1944 - Sections 2, 3, 3(1), 4, 37 and 38; Finance Act, 1975; Indian Excise Act; Central Excise Rules, 1944 - Rules 2, 17 to 14B, 56A and 224; Coal Production Fund Ordinance, 1944 - Sections 2; Constitution of India - Articles 141 and 226

Reported in : 1982(10)ELT97(MP)

August 1974 by which the duty on nylon yarn was raised to Rs. 42/- per kilogram. 'By the Finance Act, 1975, the tariff item- No. 18 was amended and the rate of duty was enhanced from Rs. 60/- to … Official Gazette. They have also to be laid before each House of Parliament. These requirements are contained in Section 38. This Section as it stood at the relevant time also provided that the rules made shall have effect

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 … with a non obstante clause. It specifically refers to notwithstanding anything to the contrary in Sections 30 to 38. Even otherwise, income-tax is not deductible as business expenses from the business profit as it is merely a

Vst Distribution, Storage and Vs. State of West Bengal and ors.

Court : Sales Tax Tribunal STT West Bengal

Subject : Land Acquisition

Reported in : (2000)118STC515Tribunal

additional excise duty on tobacco, following the report of the Taxation Enquiry Commission, constituted by the Ministry of Finance, Government of India, in April, 1953. Reference is made to Volume III, Chapter VIII of the report of … jurisdiction to enact law pertaining to or touching upon the cigarette industry, in view of the Tobacco Board Act, 1975 and the Industries (Development and Regulation) Act, 1951 (hereinafter referred to as "the 1975 Act and 1951 Act" … (SC) ; AIR 1983 SC 1019 (paragraphs 73 to 76) ; (pages 38 and 39 of STC), he argued that there are both general and … 1. This application under Section 8 of the West Bengal Taxation Tribunal Act, 1987, enacted under Article

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 … of the previous year followed by the assessee).25. In CIT v. Sundaram Industries (P.) Ltd. [1969] 71 ITR 380 (Mad.), it was held that the amended Section 23A which had become applicable from 1-4-1954 would apply in

Ballapur Industries Limited Vs. Union of India

Court : Mumbai

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 3, 35(2), 36(1), 38, 40, 40(1), 40(2); Limitation Act - Article 58; Madras General Sales Tax Act - Sections 8, 35 and 36; Foreign Compensation Act, 1950 - Sections 4(4); Limitation Act, 1963 - Article 100; Limitation Act, 1908 - Article 13 and 113

Reported in : 1985(4)ECC270; 1987(27)ELT414(Bom)

No. 61 of 1978 is filed by the original defendant, the Union of India, in the Ministry of Finance, Department of Revenue and Insurance.2. The plaintiff Company is engaged in the manufacture of various kinds of paper … Civil Judge (Senior Division). Chandrapur, in Special Civil Suit No. 3 of 1975. First Appeal No. 11 of 1978 is filed by the original plaintiff, … duty under such conditions as may be specified in the notification, which has been given statutory force by Section 38 of the Act.4. The first notification, which was issued on 1st March, 1964 exempted paper of all sorts

Controller of Estate Duty, Karnataka, Bangalore Vs. Andal Thayaramma

Court : Karnataka

Subject : Direct Taxation

Acts : Estate Duty Act, 1953 - Sections 7(1), 7(2), 34(1) and 34(2)

Reported in : ILR1984KAR1368; [1985]151ITR197(KAR); [1985]151ITR197(Karn); 1984(2)KarLJ396

from claims on a gift basis by the Finance Act, 1968, s. 38, and with the elimination of duty on most of such property, the … the value of the property passing; for determining the rate, the principle of 'aggregation' was introduced by the Finance Act, 1894, s. 4 (amended by the Finance Act, 1900, s. 12, the Finance Act, 1907, s. 16 and … 34(1)(c) of the Estate Duty Act are not applicable to the case 2. In T.R.C. No. 85 of 1975, the Tribunal at the instance of the accountable person ('assessee'), has referred the following question : 'Whether, on … the Tribunal an error of law to hold that the provisions of section 7(1) of the Estate Duty Act are not applicable to the case

Assistant Collector of Customs (imports) Vs. Sundaram Textiles

Court : Chennai

Subject : Customs

Acts : Customs Tariff Act, 1975

Reported in : 1990(25)ECC392; 1989(25)LC470(Madras); 1989(44)ELT464(Mad)

Customs Tariff Act, 1975, and an auxiliary duty of 20 per cent leviable under Section 32(1) of the finance Act 1976, together with an additional duty leviable under Section 3 of the Customs Tariff Act 1976. However, by … with an additional duty leviable under Section 3 of the Customs Tariff Act 1976. However, by Notification No 388 dated 2-8-1976, issued by the Government of India (Ministry of Finance Department), Department of Revenue and Banking, there

Commissioner of Income-tax (Central) Vs. Express Newspapers Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24), 24, 24(1), 36, 36(1), 38(1) and 38; Finance Act, 1964

Reported in : (1980)15CTR(Mad)383; [1980]124ITR117(Mad)

mortgage or charge. '5. The above clause was omitted by Section 30 and the Third Schedule of the Finance Act, 1968, with effect from 1st April, 1969. As the assessment years under consideration fall prior to 1st April, … the head 'Interest on securities', should not be deducted in computing the income chargeable under the head 'Business'. Section 38 provides for cases where a part of any premises is used as dwelling house by the assessee or

P. Paliwal and ors. Vs. Hindustan Zinc Limited and ors.

Court : Rajasthan

Subject : Service

lead and zinc-Gaz. Ind., 7.11.1966, part II, Section 2, Ext., page 1188. 38. It appears that before the Act of 1965 could have been declared … of a Zinc smelter near Udaipur for producing electrolytic grade zinc and bye- products. However, for want of finances the Corporation was not able to complete the project it had undertaken. Construction work had come to a … Court on 11.1.1984. According to the petitioner, the respondent Hindustan Zinc Limited, a company registered under the Companies Act, 1956, is Government of India Enterprise and is an instrumentality of the Union of India and the Union … respondent-HZL and consequently, the respondent-HZL is no longer Public Sector Undertaking under Section 617 of the Companies Act, 1956. This order has been passed by

Hindusthan Welfare Trust Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (1988)26ITD1a(Kol.)

ending with the relevant valuation date.The words "owned by him" were substituted for "held by him" by the Finance Act, 1975. The "bank deposits" are the "assets" referred to in Section 5(1)(xxvi). For getting the exemption, the fixed deposit … Tidd v. Overell [1893] 3 Ch. 154. To the same effect see the remarks of Scott, J., in 38 Bom. 618 (628). In case of the loss of the receipt, however, a court would exercise its equitable