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Commissioner of Income-tax Vs. London Star Diamond Co. (i) Ltd.

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80J; Finance Act, 1975 - Sections 2(8)

Reported in : [1995]213ITR517(Bom)

law in holding that the assessee was an industrial company within the meaning of section 2(8) of the Finance Act, 1975 ?' 2. This reference pertains to the assessment year 1975-76. The assessee is a limited company which deals … example, the definition of 'industrial undertaking' contained in sub-section (4) of section 80J of the Act for the purpose of grant of relief under section … Dr. B.P. Saraf, J.1. By this reference made under section 256(1) of the Income-tax Act, 1961, made at the instance of the Revenue, the Income-tax Appellate Tribunal has

Koshy's Private Limited Vs. Commissioner of Income-tax, Karnataka

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act - Sections 80J; Finance Act, 1975 - Sections 2(8)

Reported in : (1985)43CTR(Kar)175; [1985]154ITR53(KAR); [1985]154ITR53(Karn); [1984]18TAXMAN481(Kar)

the applicant could not be treated as an industrial company within the meaning of section 2(8)(c) of the Finance Act, 1975 ?' 2. The assessee is a private limited company. For the assessment year 1975-76, it had income from … not be of context if we refer to the provisions of s. 80J of the Act in which a hotel in included along with industrial … question referred in the affirmative and against the assessee. - WILD LIFE (PROTECTION) ACT, 1972 [Act No. 53/1972]. Sections 9. 39, 40, 44, 49(b) & (c), 50, 51 & Schedule-II, Para-I & (A); [Dr. K. Bhakthavatsala, J]

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 … on facts in confirming the order passed by the Commissioner of Income-tax (Appeals) holding that the deduction under Section 80-I should be given without any deduction under Section 80-HH from the total income?'2. We have heard Mr

Commissioner of Income-tax, Bangalore Vs. Venkateswara Hatcheries (P) ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act - Sections 2(45), 3, 7, 10(27), 32A(2), 33(1), 43A, 80JJ, 88J and 256(2); Finance Act, 1964; Finance Act, 1975; Finance Act, 1976; Sales Tax Act; Central Excise Act

Reported in : AIR1999SC1225; [1999]237ITR174(SC); JT1999(2)SC338; 1999(2)SCALE257; (1999)3SCC632; [1999]2SCR177

the exemption to Rs. 10,000 in a year.12. Consequently, Section 10(27) of the Act was omitted by the Finance Act 1975 with effect from 1st April, 1976 and Section 80J was brought into the Act with effect from the … business of producing articles or things, they are entitled to investment allowance under Section 32A and deductions under Sections 80HH, 80HHA, 80I and 80J of the Act.4. The first contention on behalf of the Revenue is that

income-tax Officer Vs. Elite Ship Yards

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (1991)39ITD178(Ahd.)

legislative amendments made from time to time in the provisions of Section 80J Prior to amendment by the Finance Act, 1975 w.e.f. 1-4-1976 one of the conditions for grant of deduction under Section 80J was that the industrial undertaking … following identical ground in all these three appeals: The learned CIT(A) has erred in allowing the deduction under Sections 80J and 80HHA, which was withdrawn by the ITO under Section 154, for all the years.2. The ITO passed

Zenith Processing Mills Vs. Commissioner of Income Tax

Court : Gujarat

Subject : Direct Taxation

Acts : Finance Act, 1975 - Sections 80J

Reported in : [1996]219ITR721(Guj)

its newly established undertaking. With effect from 1st April, 1976 sub-s. (6A) was inserted in s. 80J vide Finance Act, 1975 which reads as under : '(6A) Where the assessee is a person other than a company or a … i.e. in favour of the assessee and against the Revenue. Direct Taxation - filing of audit report - Sections 80 J, 143 and 263 of Income Tax Act, 1961 - provision of furnishing of report in prescribed

Laxmi Rice Mills Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1982)2ITD39(Delhi)

audit report along with its return of income as required under Section 80J(6A) which was inserted by the Finance Act, 1975, with effect from 1-4-1976. But at the same time, it is clear from the assessment order dated 7-12-1979 … 1. This is an appeal against the order of the Commissioner passed under Section 263 of the Income-tax Act, 1961 ('the Act'), holding that the relief allowed by the ITO to the

Commissioner of Income-tax Vs. Seeyan Plywoods

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80HH, 80J and 80(4)J

Reported in : (1991)97CTR(Ker)289; [1991]190ITR564(Ker)

the words 'a building (not being a building taken on rent or lease)', have been omitted by the Finance Act, 1975, with effect from April 1, 1976, and, secondly, a provision for carrying forward has been made in Sub-section … of the case, the Tribunal is justified in holding that the assessee is entitled to the exemptions under Sections 80J and 80HH for the subsequent years even though it is not entitled to the exemption in the earlier

Commissioner of Income-tax, Gujarat-i Vs. Satellite Engineering Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 15C; Income Tax (Amendment) Act, 1961 - Sections 84

Reported in : [1978]113ITR208(Guj)

Act, 1969, the time-limit of 23 years in section 80J(4)(iii) was increased to 28 years and by the Finance Act, 1975, it was raised to 33 years. This is how the provisions stand at the present date. 17. In … machinery purchased and installed as aforesaid, the assessee for the first time claimed the relief of tax-holiday under section 84 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), in the course of proceedings for

Mahalaxmi Rice Factory Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Subject : Direct Taxation

Reported in : (1983)5ITD238(Chd.)

the provisions of Sub-section (6A) of Section 80J, which is effective from 1-4-1976 having been inserted by the Finance Act, 1975, the deduction under Sub-section (1) of Section 80J from the profits and gains derived from an industrial undertaking … Commissioner erred in upholding the decision of the ITO that the assessee is not entitled to deduction under Section 80J of the Income-tax Act, 1961 ('the Act').2. The assessee is a registered firm working under the name