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Dharmodayam Company Vs. Union of India (Uoi)

Court : Kerala

Subject : Civil

Acts : Kerala Chitties Act, 1975 - Sections 2(4), 3, 3(1), 3(2), 4, 4(1), 5, 6, 6(3), 11, 12, 13, 14, 15, 17, 18, 19, 21, 22, 23, 24, 25, 26, 29, 34, 35, 39, 40, 42, 43, 55, 56, 59, 60, 67, 72, 89 and 220; Kerala Finance Act, 2002; Chit Funds Act, 1982 - Sections 1(3), 2, 4(1), 7(3), 8, 9(1), 20 and 90; Constitution of India - Articles 14, 19(1), 226, 245 to 255; Companies Act; Finance Act, 2002 - Sections 3(5) and 4; Kerala Chittis (Amendment) Act, 2002

Reported in : AIR2005Ker253; [2005]126CompCas586(Ker); 2005(3)KLT332

constitutional validity of Sub-section 1(a) to Section 4 of the Kerala Chitties Act, 1975 introduced by the Kerala Finance Act, 2002 (Act 7 of 2002) with effect from 1.4.2002 as beyond the legislative competence of the State Legislature … case no previous sanction as contemplated in Sub-section (1) shall be given. There is further restriction as per Sub-section (5) of Section 3, which says that if the Foreman is a Banking Company as defined in the Banking

Commissioner of Income-tax Vs. Lakshmi Industries (P.) Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1977 - Sections 2(7); Finance Act, 1978 - Sections 2(7)

Reported in : [1996]222ITR36(Mad)

claimed that it should be deemed to be an industrial company as defined by Section 2(8)(c) of the Finance Act, 1975, liable to pay tax at a concessional rate, though the assessee itself did not carry on any manufacturing … that the assessee-company is an 'industrial company' and is eligible for being taxed at the concessional rate of 55 per cent. for the assessment years 1977-78 and 1978-79 '2. The assessee, Lakshmi Industries Pvt. Ltd., Pudukottai, was

Commissioner of Sales Tax, Delhi Vs. Envoys India (P.) Ltd.

Court : Delhi

Subject : Sales Tax

Acts : Delhi Sales Tax Act, 1975 - Sections 45

Reported in : [1981]48STC443(Delhi)

the First Schedule and turnover thereof taxable at 9 per cent under clause (a) of sub-section (1) of section 5 of the Bengal Finance (Sales Tax) Act, 1941, as extended to the Union Territory of Delhi, at the … Ranganathan, J. 1. This reference under section 45 of the Delhi Sales Tax Act, 1975, raises a very short and interesting question. The question referred is : 'Whether, on the facts and in

D.P. Wool Company Vs. Union of India Etc.

Court : Delhi

Subject : Sales Tax

Acts : Constitution of India - Article 19(1); Bengal Finance (Sales Tax) Act, 1941 - Sections 6(2); Delhi Sales Tax (Amendment & Validation) Act, 1976 - Sections 3(2); General Clauses Act, 1897 - Sections 6

Reported in : ILR1979Delhi27; [1979]44STC447(Delhi)

Bench decision was pending in the Supreme Court under Article 136 of the Constitution, Parliament enacted Delhi Sales-tax Act, 1975 repealing the Bengal Finance (Sales-tax) Act, 1941 as applied to Delhi with effect from 21-10-1975. On 25-11-1976 the … Finance (Sales-tax) Act, 1941 as applied to Delhi. These exemptions were illegally withdrawn by the Government, and (2) section 3 of the Delhi Sales-tax (Amendment an,d Validation) Act, 1976, which purports to validate the levy, assessment and … Pradesh High Court in Hanuman Prasad v. Sales-tax Oficer (1963) 14 StC 507. The analysis of section 6 of the General Clauses Act read with

Tonira Pharma Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Service Tax

of introduction of Sub-section (2A) in Section 9A of the Customs Tariff Act. JA.1 Section 118 of the Finance Act, 2001 introduced Sub-section (2A) to Section 9A in Customs Tariff Act, 1975 which is reproduced below: (2A) Notwithstanding … 159A would not apply to Anti-Dumping Duty levied by notification issued under Section 9A(1) of the Customs Tariff Act, 1975. Section 159A applies to any rule, regulations, notifications or order made or issued under the Customs Act. L.A.3 Also, … levying taxes. The notifications in that case were merely specifying the rate as stipulated by the main charging Section 5 of the Orissa Sales Tax Act. Suppose, the rate of Sales tax is mentioned in Section 5 itself

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 … Court of Delhi against the order passed by the Income Tax Appellate Tribunal (for short 'the Tribunal') under Section 260A of the Income Tax Act. Assessee also filed ITA No. of 2004 being aggrieved against a part … figure of Rs. 47,03,120.00. This was because:(i) Disallowance of claim of Rs. 57,51,520.00depreciation of purchase andlease of cinematographic filmsheld to be bogus(ii) Reduction of claim

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 … and W.P. 459 of 1979 (and will hereinafter be referred to as the respondents). The respondent in W.A. 538 of 1982 (who will hereinafter be referred to as the first petitioner) is the petitioner in W.P. 298

Commissioner of Income Tax Vs. Amod Stamping

Court : Gujarat

Subject : Direct Taxation

Acts : Finance Act, 1967 - Sections 80HH, 80HH(9), 80HHA, 80I, 80I(1), 80I(5), 80J and 80J(1); Taxation Laws (Amendment) Act, 1975

Reported in : (2005)194CTR(Guj)158; [2005]274ITR176(Guj)

and the bracketed portion in Section 80J referring to Section 80HH was inserted/substituted by the Taxation Laws (Amendment) Act, 1975 w.e.f 1.4.1976 and the bracketed portion for Section 80HHA was inserted by Finance (No.2) Act w.e.f 1.4.1978. Hence

Commissioner of Income-tax Vs. Chackolas Spinning and Weaving Mills Lt ...

Court : Kerala

Subject : Direct Taxation

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

Reported in : [1989]178ITR603(Ker)

that the assessee created a gratuity fund on December 22, 1975, after Section 40A(7) was introduced by the Finance Act, 1975. The fund was approved by the Commissioner of Income-tax on March 27, 1976, to be effective from December … Sampath Iyengar, 7th Edn., Vol. 2, p. 2038).8. The Supreme Court of India in Shree Sajjan Mills Ltd. v. CIT : 1986ECR276(SC) , has referred to the Notes on Clauses of the amendment, which resulted in Section

Commissioner of Income-tax Vs. M. Manickasundaram

Court : Chennai

Subject : Direct Taxation

Acts : Finance Act, 1975 - Schedule I - Rule 7; Income Tax Act, 1961 - Sections 2, 2(23), (39) and (48), 67, 139, 139(8), 183, 184, 184(7), 185, 185(1), 215, 246 and 256

Reported in : [1996]220ITR133(Mad)

regard to the provisions of rules 5 and 7 in Part IV of the First Schedule to the Finance Act, 1975, the Appellate Tribunal was right in holding that the assessee's share of loss from a firm, known as … Abdul Hadi, J.1. All these tax cases references under section 256 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), relate to the same assessee. Tax