Advanced Search Results

State of Rajasthan and anr. Vs. Rajasthan Chemists Association

Court : Supreme Court of India

Subject : Sales TaxConstitution

Acts : Sales of Goods Act, 1930 - Sections 3, 4 and 9; Rajasthan Sales Tax Act, 1994 - Sections 2(42), 2(44) and 4A; Finance Act, 2004 - Sections 4A and 4A(1); Standards of Weights and Measures Act, 1976; Standards of weights and Measures Rules; Constitution of India - Articles 246, 286 and 366(29A); ;Constitution of India (42nd Amendment) Act, 1982 - Article 366; Constitution of India (46nd Amendment) Act; Drug Price Control Order, 1995; Essential Commodities Act, 1955 - Sections 3; Uttar Pradesh Sales Tax Act, 1948 - Sections 2; Contract Act - Sections 77; Income Tax Act, 1961 - Sections 28 to 43C, 44AC, 44AC(1) and 206C; Direct Tax Laws (Amendment) Act, 1989; Finance Act, 1988; Finance Act, 1990 - Sections 44AC; Madras General Sales Tax Act, 1939 - Sections 2; Madras General Sales T

Reported in : AIR2006SC2699; 2006(202)ELT217(SC); JT2006(6)SC553; RLW2006(4)SC3365; 2006(7)SCALE330; (2006)6SCC773; [2006]147STC542(SC); 2006(2)LC975(SC)

that 4A of the Rajasthan Sales Tax Act, 1994 (in short the 'Act') as introduced by the State Finance Act, 2004 was not legally sustainable to the extent that tax on first point sale of drugs, medicines or … those in relation to which it is required under the provisions of the Standards of Weights and Measures Act, 1976 or the rules made thereunder or under any other law for the time being in force, to declare … High Court, Jodhpur holding that 4A of the Rajasthan Sales Tax Act, 1994 (in short the 'Act') as introduced by the State Finance Act, 2004 … charged on sales or on purchase by the parties to sale under Section 4A and the concerned Notification in this regard. Writ application filed by

Commissioner of Income-tax Vs. Continental Device India

Court : Delhi

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 143(3), 144B and 256(1); Finance Act, 1976 - Sections 2(6) and 2(8); Finance Act, 1978

Reported in : [2001]252ITR227(Delhi); [2001]118TAXMAN585(Delhi)

the IDBI in lieu of surcharge in accordance with the provisions of Section 2(6) and (8) of the Finance Act, 1976, although for the assessment year 1978-79 tax was to be paid in accordance with the provisions of the … following question has been referred for the opinion of this court under Section 256(1) of the Income-tax Act, 1961 (in short 'the Act'), by the Income-tax Appellate Tribunal, Delhi Bench 'D' (in short 'the Tribunal') :'Whether, on

Indian Aluminum Company Ltd. and anr. Vs. Union of India (Uoi) and ors ...

Court : Delhi

Subject : Excise

Acts : Companies Act, 1956; Essential Commodities Act, 1955 - Sections 3; Central Excise Act, 1944 - Sections 4; Finance Act, 1976 - Sections 36, 36(1) and 36(5); Finance Act, 1977; Finance (No. 2) Act, 1977; Central Excise Rules, 1944 - Rules 8, 8(1), 52A, 56A and 173G(2); Constitution of India - Article 226; Aluminum (Control) Order, 1970

Reported in : 1993(12)ELT349(Del)

Aluminum.4. By Clause 36 of the Finance Bill, 1976, which was later replaced by Section 36 of the Finance Act, 1976, an auxiliary duty of excise equal to 20 per cent of the value of the goods as determined … Article 226 of the Constitution of India raises the question of scope and true interpretation of Notification No. 198/76-C.E., dated June 16, 1976 issued in exercise of the powers conferred by Sub-rule (1) of Rule 8 of

Commissioner of Income-tax Vs. Boots Company (i.) Limited

Court : Mumbai

Subject : Direct Taxation

Acts : Companies (Profits) Surtax Act, 1964 - Schedule - Rules 1 and 4; Finance Act, 1976 - Sections 2 and 2(8); Income Tax Act - Sections 80J

Reported in : (1994)120CTR(Bom)85; [1995]214ITR175(Bom)

that the assessee availed of the option given to it under Sub-section (8) of Section 2 of the Finance Act, 1976, and deposited the amount with the Industrial Development Bank of India ('IDBI') as contemplated therein in lieu of … B.P. Saraf, J. 1. By this reference under Section 256(1) of the Income-tax Act, 1961, read with Section 18 of the Companies

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

Court : Chennai

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)

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 : … five tax cases arise out of orders passed in the case of five assessees for the assessment year 1976-77. In all the cases, the assessment orders were passed on identical terms except with regard to the actual

Elkem Technology, by Gpa Sponge Iron India Limited Vs. the Deputy Comm ...

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 9(1) and Sections 260A; Finance Act, 1976

Reported in : (2001)169CTR(AP)49; [2001]250ITR164(AP); [2001]117TAXMAN382(AP)

where income actually accrues or is received in India.6. Clause (vii) of Section 9 was inserted by the Finance Act, 1976, with effect from 1.6.1976 and a proviso was added to it by the Finance (No.2) Act, 1977, with

Gulabrai Hanumanbox Vs. Commissioner of Wealth-tax

Court : Guwahati

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 7(1) and 7(4); Finance Act, 1976; Constitution of India - Article 14

as, according to him, this section came into force with effect from April 1, 1976, as per the Finance Act, 1976. The Wealth-tax Officer obtained a report from the Departmental Valuer and a copy of this was forwarded to

Commissioner of Income-tax Vs. Sri Krishna Oil Complex Ltd.

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 9, 9(1), 115A, 163 and 163(1); Finance Act, 1976

Reported in : [2000]242ITR48(AP)

of provision - Sections 9, 9 (1), 115A, 163 and 163 (1) of Income Tax Act, 1961 and Finance Act, 1976 - question of applicability of Section 9 (1) (vi) raised - assessee-company entered into collaboration agreement with American

Widia (India) Ltd. Vs. Commissioner of Income-tax

Court : Karnataka

Subject : Direct Taxation

Acts : Companies (Profits) Surtax Act, 1964 - Sections 2(5) - Schedule - Rules 1, 2 and 2(1); Finance Act, 1976 - Sections 2(6) and 2(8)

Reported in : (1991)98CTR(Kar)114; [1992]194ITR77(KAR); [1992]194ITR77(Karn)

Surtax Act, 1964 ('the Act' for short), deposited the equivalent amount with prepared under the provision of the Finance Act, 1976. The assessee required this deposit to be treated as payment of surcharge for the purpose of computing the … provisions of the Finance Act, 1976, read with a scheme framed thereunder. As per the second proviso to section 2(6) of the Finance Act, 1976, an assessee, being a company, may in lieu of payment of surcharge … K. Shvashankar Bhat, J.1. Under the provisions of the income-tax Act, 1961, the following question has been referred for our consideration : 'Whether, on

Commnr. of Income Tax-i, Ahmedabad Vs. Gold CoIn Health Food Pvt. Ltd.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24), 5(1), 72, 271 and 271(1); Finance Act, 2002; Wealth Tax Act - Sections 18

Reported in : (2008)218CTR(SC)359; [2008]304ITR308(SC); JT2008(9)SC312; 2008(11)SCALE492; (2008)9SCC622; 2008(2)LC1144(SC); 2008AIRSCW5841; 2008(6)Supreme1; 2008(11)SCALE492.; [2008] 12 SCR 179

income is a loss. This question has to be considered in the background of the amendment made by Finance Act, 2002 (in short `Finance Act') w.e.f. 1.4.2003 in Explanation 4 to Section 271(1)(c)(iii) of the Act. In Virtual's … 2002 w.e.f. 1st April, 2003 in Explanation 4 to Section 271(1)(c)(iii) - Period of dispute being 1st April, 1976 to 1st April, 2003 - Reference made expressing doubt about the correctness of the Judgment of Virtual Soft