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Ambica Mills Ltd. Vs. Commissioner of Surtax

Court : Gujarat

Subject : Direct Taxation

Acts : Companies (Profits) Surtax Act, 1964 - Sections 13 and 18 - Schedule - Rule 2; Finance Act, 1976 - Sections 2(8)

Reported in : (1994)118CTR(Guj)466; [1994]206ITR699(Guj)

under the Companies Deposits (Surcharge on Income-tax) Scheme, 1976. As per the provisions of section 2(8) of the Finance Act, 1976, the surcharge on income-tax payable by the company in a case where the amount of deposit made with … the case, the Tribunal was right in law in coming to the conclusion that the rectification order under section 13 passed by the Surtax Officer was valid 2. Whether, on the facts and in the circumstances of the

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

Court : Rajasthan

Subject : Service

being 'other authority' and instrumentality of State.41. At this juncture, it will be worthwhile to mention here that Section 13 of the Act of 1976 says the general superintendence, direction, control and management of the affairs and business … 1965 and Metal Corporation of India (Acquisition of Undertaking) Act, 1966 and Metal Corporation (Nationalization and Misc. Provisions) Act, 1976. The learned Single Judge observed that after re-acquisition retrospectively and vesting the same in the Central Government, the … 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.

M/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise

Court : Mumbai

Subject : Service Tax

amount of Rs.2,04,39,093/- under provisions of Rule 14 of the Credit Rules read with Section 73 of the Finance Act,1994. In respect of towers and parts thereof, prefabricated building, printers and office chairs, the Commissioner observed that the … other pending appeals without any pre-deposit, as expeditiously as possible and preferably within a period of six months. 13. By the impugned judgment and order dated 6.1.2012 passed by the Tribunal, both the aforesaid appeals as filed

Shri Ramlinga Mills Private Ltd. and ors. Vs. Assistant Collector of C ...

Court : Kerala

Subject : Customs

Acts : Customs Tariff Act, 1975; Finance Act, 1976 - Sections 32(1); Customs Act, 1962 - Sections 2(11), 2(12), 2(13) 2(23), 2(27), 2(28), 7, 12, 15, 15(1) 25, 30, 46, 68 and 111; Indian Tariff Act, 1934 - Sections 2A; Territorial Waters, Continental Shelf, exclusive Economic Zone and other Maritime Zones Act, 1976 - Sections 5; Customs Act, 1878 - Sections 20(2); Constitution of India - Article 246

Reported in : 1989(22)LC36(Kerala); 1983(12)ELT65(Ker)

is subjected to duty under various fiscal measures. The Customs Tariff Act, 1975 (Act 51 of 1975), the Finance Act of 1976 are some of the relevant enactments. The levy is made, assessed and collected under the provisions … collected under the provisions of the aforesaid enactments read with the Customs Act, 1962 (Act 52 of 1962).6. Section 25 of the Customs Act confers power on the Government in public interest to exempt by notifications in … is so expressed in the reasons of individual Justices, e.g., at pp. 134 and 139.' The necessity to have an ending of the carriage or

Commissioner of Income-tax Vs. Griffon Laboratories Pvt. Ltd.

Court : Kolkata

Subject : Direct Taxation

Acts : Companies (Profits) Surtax Act, 1964 - Section 13; ;Income Tax Act, 1961 - Section 154

Reported in : [1993]201ITR5(Cal)

debate in regard to the actual import of the word 'deposit', as mentioned in Section 2(8) of the Finance Act, 1976, as also in Section 2(1) of the Finance (No. 2) Act, 1977. While the Delhi Bench has construed … Schedule to the Surtax Act is a debatable issue and in that view cancelling the order passed under Section 13 of the Surtax Act ?'2. The assessment year involved is 1977-78. The facts, as found by the Tribunal,

Baburao Alias P.B. Samant Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 3, 32, 61, 67, 83, 83(2), 90, 94, 101(4), 105, 118(1), 123(2), 148(1), 169, 174(2), 190(4), 213(2), 217(1), 249, 252, 303, 312, 315(2), 320(3), 320(5), 352, 352(2), 352(4), 356(1), 356(3), 360(2), 364(1), 366(18), 366(19) and 371-A(1); Evidence Act, 1872 - Sections 56, 57, 57(4), 74, 74(1), 78 and 78(2); Finance Act - 1976

Reported in : AIR1988SC440; [1988]172ITR713(SC); JT1987(4)SC672; 1987(2)SCALE1322; 1988Supp(1)SCC401; [1988]2SCR431

People (Extension of Duration) Act, 1976 (No. 30 of 1976) is ultra vires the Constitution; and (4) The Finance Act, 1976 (66 of 1976) is ultra vires the Constitution.2. Although the petitioner had also challenged Section 13 of the

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

Lohia Machines Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 2(8), 2(33), 5, 11, 28 to 43A, 43(6), 80A to 80VV, 84, 84(1), 295(1), 295(2) and 296; Finance Act, 1980 - Sections 15C, 80H, 80I, 80J, 80J(1), 80J(2), 80J(3), 84 and 84(1); Income Tax Rules, 1962 - Rule 19, 19A, 19A(2) to (4), 19A(5), 19(1), 19(1A), 19(3) and 19(6); Indian Income Tax Act, 1922 - Sections 15C(1), 15C(2), 51C and 59(1); Taxation Laws (Amendment) Ordinance, 1949; Indian Income tax (Computation of Capital of Industrial undertakings) Rules, 1949 - Rule 3 and 3(1); Business Profits Tax Act, 1947 - Sections 13; Taxation Laws (Extension to Merged States and Amendment) Act, 1949 - Sections 13, 15C, 15C(1), 15C(2), 15C(4), 15C(6) and 34(2); Finance (Amendment) Act, 1976 - Sections 29; Finance (Amendment) Act, 1967; State Financial Corporati

Reported in : AIR1985SC421; (1985)1CompLJ249(SC); (1985)44CTR(SC)328; [1985]152ITR308(SC); 1985(1)SCALE115; (1985)2SCC197; [1985]2SCR686; [1985] 1 SCR 192

computed in accordance with the provisions of the Second Schedule" and the Second Schedule after its amendment by Finance Act 66 of 1976 does not provide for inclusion of borrowed monies and debts in computation of the capital … the Indian Income Tax Act, 1922, or for any sum payable in relation to business profits tax under Section 13 of the Business Profits Tax Act, 1947 (XXI of 1947): The process of computation of "capital employed in

V.N. Swaminathan Vs. Commissioner of Income-tax, Tamil Nadu-iii

Court : Chennai

Subject : Direct Taxation

Acts : Voluntary Disclosure of Income and Wealth Tax Act, 1976; Wealth Tax Act, 1957 - Sections 14, 14(5), 15(1) and 15(5A); Finance Act, 1977

Reported in : [1984]150ITR375(Mad)

paid on or before March 31, 1976, Sections 10, 11, 12 and 13 provide for certain immunities in relation to voluntarily disclosed income. Section 216 … assessment year, then, notwithstanding anything contained in the Indian I.T.Act, 1922, or the I.T.Act, 1961, or in any Finance Act, the income-tax shall be charged in respect of the income so declared voluntarily at the rage or rates … 5. As already stated, the petitioner had submitted returns voluntarily under the Voluntary Disclosure of Income and Wealth Act., 1976 (Central Act 8 of 1976) Section 3 of that Act provides that where any person makes on or

State of Kerala Vs. Alex George and anr. Etc.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Kerala Finance Act, 1987 - Sections 1(2) and 3(2); Kerala Plantations Tax Act, 1960 - Sections 2(9), 3, 3(1), 3(3), 4(2), 5, 6A, 8, 9, 9A, 13, 14 and 27; State Finance Act, 1987; Kerala Plantations (Additional Tax) Rules, 1960 - Rule 16; Kerala Plantations (Additional Tax) Amendment Act, 1967; Kerala General Sales Tax Act, 1963; Kerala Motor Vehicles Taxation Act, 1976; Central Excise Act, 1944

Reported in : (2004)192CTR(SC)581; [2004]271ITR290(SC); JT2004(10)SC104; 2005(1)KLT164(SC); 2004(9)SCALE545; (2005)1SCC299

dated 28.8.1998 raises the question as to the true scope and operation of Section 1(2) of the Kerala Finance Act, 18 of 1987 substituting Schedule-I to the Kerala Plantations Tax Act 1960 w.e.f. 1.7.1987.2. Since the aforestated question … amendments to other enactments, namely, the Kerala General Sales Tax Act, 1963 and the Kerala Motor Vehicles Taxation Act, 1976.29. In the result, the appeals fail and are dismissed, with no order as to costs. Direct Taxation - … order dated 6.9.1988, the said firm was assessed to tax @ Rs. 130/- per hectare for the period from 1.4.1987 to 30.6.1987 and at the