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Jan 30 1985

Y.D. Nanje Gowda Vs. Union of India and anr.

Court : Karnataka

Decided on : Jan-30-1985

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957; Income Tax Act, 1961 - Sections 64; Finance Act, 1974 - Sections 14; Finance (Amendment) Act, 1976 - Sections 27; Constitution of India - Article 14

Reported in : ILR1985KAR955; [1985]152ITR618(KAR); [1985]152ITR618(Karn)

(Central Act No. 66 of 1976) (Finance Acts), as violative of arts. 14 and 19(1)(f) of the Constitution. 4. Article 19(1)(f) of the Constitution has … has challenged Item No. 2 of Part I of the First Schedule to the Act introduced by the Finance Act of 1974 (Central Act No. 20 of 1974), as amended by the Finance Act of 1976 (Central Act … levy of wealth-tax on the net wealth on the corresponding valuation date of every individual, HUF and company. Section 3 of the Act which is the charging section provides for levy of tax on the net wealth

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Aug 23 1990

Telecom Employees Co-operative Housing Society Ltd. Vs. Scheduled Cast ...

Court : Karnataka

Decided on : Aug-23-1990

Subject : Civil

Acts : Bangalore Development Authority Act, 1976 - Sections 14, 19(3), 37, 38 and 65; The Bangalore Development Authority (Allotment of Sites) Rules, 1982; The Bangalore Development Authority (Allotment of Buildings under Self Financing Housing Scheme) Rules, 1982; The Bangalore Development Authority (Disposal of Corner Sites and Commercial Sites) Rules, 1984

Reported in : ILR1990KAR3320

and 37 of the Act deal with acquisition of land, property and finance of the BDA. The object of these Sections is to vest the … there is no institution or individual who could be allotted sites. The provisions of the Bangalore Development Authority Act, 1976, (for the 'the Act'), and the Rules made thereunder do not recognise any person or class of persons … to the application with plans and other particulars contemplated under Section 32(2) of the Act as well as Section 14 of the Act. The provisions of the Rules are inapplicable to the private layouts sanctioned by the BDA

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Jun 06 1986

K.V. Abdulla Vs. Income Tax Officer and anr.

Court : Karnataka

Decided on : Jun-06-1986

Subject : Direct Taxation

Acts : Income Tax Act, 1961; Finance Act, 1976 - Sections 2 and 2(2); Constitution of India - Articles 14 and 19

Reported in : [1986]161ITR589(KAR); [1986]161ITR589(Karn)

has his year of accounting ending on 31st of March every year. For the asst. yr. 1976-77 the Finance Act, 1976 (Finance Act), was applicable to the petitioner and he filed his return declaring his income from his business … Year 1976 to give effect to the financial proposals of the Central Government for the financial year 1976-77. section 2 of the Finance Art which is relevant for our purpose reads thus : '2(1) Subject to the … relating aggregation of agricultural income for rate purposes, as unconstitutional offending Art(s) 14 and 19 of the Constitution. 2. The facts leading to this petition

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Sep 07 1983

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

Court : Chennai

Decided on : Sep-07-1983

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)

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 … 1,64,944. Along with the return, the paid only a sum of Rs. 14,944 towards tax payable. He later paid on March 22, 1976, a sum

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Dec 14 1993

A. Loganathan and Others Vs. A. Loganathan and Others

Court : Chennai

Decided on : Dec-14-1993

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 4, 10(1), 66 and 110; Constitution of India - Article 226

Reported in : [1995]214ITR202(Mad)

agricultural income to tax under the Act. The constitutional validity of the provisions of section 2(2) of the Finance Act, 1976, providing for aggregation of 'agricultural income' with 'net income' for taxing only the 'net income', under the Act, … the grounds raised in Writ Petition No. 324 of 1980 alone need be looked into. Paragraphs Nos. 12, 14 and 16 of the affidavit read as follows : '12. It is submitted that the pith and substance

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Jun 06 1986

K.V. Abdulla Vs. Income-tax Officer and anr.

Court : Karnataka

Decided on : Jun-06-1986

Subject : Direct Taxation

Acts : Finance Act, 1976 - Sections 2(2); Constitution of India - Articles 14 and 19

has his year of accounting ending on 31st of March every year. For the assessment year 1976-77, the Finance Act, 1976 ('the Finance Act'), was applicable to the petitioner and he filed his return declaring his income from his … can only be levied under the Act on the total income other than 'agricultural income' and Parliament by section 2 of the Finance Act is really levying tax on agricultural income of the assessee and as the … relating aggregation of agricultural income for rate purposes unconstitutional as offending articles 14 and 19 of the Constitution. 2. The facts leading to this petition

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May 27 2010

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

Court : Rajasthan

Decided on : May-27-2010

Subject : Service

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 … of a Zinc smelter near Udaipur 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. Construction work had come to a … respondent-HZL and consequently, the respondent-HZL is no longer Public Sector Undertaking under Section 617 of the Companies Act, 1956. This order has been passed by … in reply to the S.B. Civil Writ Petition No. 3541/04 filed on 14.2.2005.26. After admitting the facts that respondent-Company is a statutory company and its

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Oct 06 1975

Commissioner of Income-tax Vs. Mahasamund Kissan Co-operative Rice Mil ...

Court : Madhya Pradesh

Decided on : Oct-06-1975

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 14(3); Income Tax Act, 1961 - Sections 81; Finance Act, 1960

Reported in : [1976]103ITR499(MP)

Matched in: Citation [1976]103ITR499(MP)

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Nov 30 1984

Modi Vanaspati Mfg. Co. Vs. Collector of Customs and Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Nov-30-1984

Subject : Land Acquisition

Reported in : (1985)(22)ELT615TriDel

on or after 1-10-1975. The significance of this date is that by virtue of Section 47 of the Finance Act, 1982, an Explanation was inserted under Sub-clause (ii) of clause (d) of Section 4 (4) of the Central … be again determined after taking into consideration the relief and exemption granted under the notification, dated 16th June, 1976. It is neither intended by the notification nor is it practicable that the assessable value should be determined, … any reasonable classification between the two and would be contrary to Article 14 of the Constitution. We are in agreement with this contention of the

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Nov 24 1994

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

Court : Mumbai

Decided on : Nov-24-1994

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

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