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Mar 03 1989

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

Court : Kerala

Decided on : Mar-03-1989

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

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Sep 09 1993

Commissioner of Income-tax Vs. Garware Synthetic Bristles

Court : Supreme Court of India

Decided on : Sep-09-1993

Subject : Direct Taxation

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

Reported in : (1994)117CTR(SC)260; [1994]205ITR426(SC)

(7) of Section 40A is not applicable to the said assessment year. Sub-section (7) was introduced by the Finance Act, 1975, with retrospective effect from April 1, 1973. In other words, Sub-section (7) applies on and from the assessment

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Sep 08 1995

Commissioner of Income-tax Vs. M. Manickasundaram

Court : Chennai

Decided on : Sep-08-1995

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

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Jan 25 2005

Commissioner of Sales Tax, Delhi and ors. Vs. Shri Krishna Engg. Co. a ...

Court : Supreme Court of India

Decided on : Jan-25-2005

Subject : Sales Tax

Acts : Delhi Sales Tax Act, 1975 - Sections 2, 3, 3(3), 4, 4(2), 7, 8, 9(2), 18(1), 21, 22, 43, 43(5), 71, 71(1), 71(2) and 72; Delhi Sales Tax Rules, 1975 - Rules 7, 8, 8(4) and 9; Bengal Finance (Sales Tax) Act, 1941

Reported in : AIR2005SC958; 117(2005)DLT147(SC); JT2005(1)SC563; (2005)2SCC692; [2005]139STC457(SC)

twelve months prior to the date of registration of the dealer and subjected to tax under the Bengal Finance (Sales Tax) Act, 1941, as it was then in force, or under this Act(v) sale to a registered … the Delhi Sales Tax Act, 1975 and the Rules made thereunder :(i) That under the Delhi Sales Tax Act 1975, Section 3 is the charging Section, it provides for the incidence of tax. It is laid down that every … the same is beyond the powers of the Administrator conferred under Section 71 of the Delhi Sales Tax Act, 1975 to the extent that prescribes

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Mar 12 1991

Commissioner of Income-tax Vs. May and Baker (India) Pvt. Ltd.

Court : Mumbai

Decided on : Mar-12-1991

Subject : Direct Taxation

Acts : Enactment of Payment of Gratuity Act, 1972 - Sections 40(A)(7); Finance Act, 1975; Income Tax Act, 1961 - Sections 37, 40A, 40A (7) and 260(1)

Reported in : (1991)95CTR(Bom)168; [1991]192ITR239(Bom)

section 40A(7) was introduced in the Income-tax Act, 1961, with retrospective effect from April 1, 1973, by the Finance Act, 1975, on May 12, 1975. The assessment year involved herein being assessment year 1973-74, ordinarily the assessee's claim for

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May 12 2009

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

Court : Supreme Court of India

Decided on : May-12-2009

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

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Jan 10 2001

Commissioner of Income-tax Vs. Ghaziabad Engineering Co. (P.) Ltd.

Court : Delhi

Decided on : Jan-10-2001

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 36, 36(1), 37, 37(1), 40A, 40A(7), 47 and 256(1); Payment of Gratuity Act, 1972; Finance Act, 1975; Registration Act, 1908 - Sections 47

Reported in : (2001)169CTR(Del)74; [2001]249ITR244(Delhi)

that the assessment year involved is prior to the introduction of Section 40A(7) of the Act by the Finance Act, 1975, with retrospective effect from April 1, 1973. That being the position, the Tribunal was justified in holding that

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Sep 30 1997

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

Court : Chennai

Decided on : Sep-30-1997

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)

In all the cases before us, the assessees had exercised the option under sub-section (7) of section 172. 7. So far as section 172 is concerned, the changes made by the Finance Act, 1975, the amendments were … 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

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May 31 2005

Dharmodayam Company Vs. Union of India (Uoi)

Court : Kerala

Decided on : May-31-2005

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

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Feb 27 1979

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

Court : Chennai

Decided on : Feb-27-1979

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

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