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Commissioner of Income-tax Vs. Deutsche Bank A.G. (Formerly European A ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 20, 28 to 43A, 44C, 72(1), 73(2), 74(1), 74(3), 74A, 74A(3) and 256(1); Finance Act, 1976

Reported in : (2006)205CTR(Bom)28; [2006]284ITR463(Bom)

Matched in: Citation (2006)205CTR(Bom)28; [2006]284ITR463(Bom)

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 : … of non-residents. - (1) Notwithstanding anything to the contrary contained in sections 28 to 43A, in the case of an assessee, being a non-resident, engaged … 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

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 … as regards the cases, had reached Bombay even as early as on 28-12-1978. Obviously it had been in the territorial waters of India and further

C.i.T. Vs. Sanghi Oxygen Co.

Court : Rajasthan

Subject : Direct Taxation

Reported in : 1992(3)WLC329; 1992WLN(UC)421

provisions of Section 40A(7). The Income-tax Appellate Tribunal has ignored the amendment made by Section 6 of the Finance Act, 1975 with retrospective effect from 1st April, 1973. It was further submitted that when there is a specific … the fund should have been made before the 1st day of January, 1976. The other conditions of sub-section (7) were also found not satisfied and, … that the claim of the assessee in respect of gratuity payable was allowable under Section 37 or under Section 28(1) of the I.T. Act, 1961?(2) Whether on the facts and in the circumstances of the case, the claim

Deputy Commissioner of Income-tax Vs. Official Liquidator

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28 to 41, 43, 43(1), 43A and 263; Finance Act, 1976

Reported in : [2008]305ITR418(Mad)

twenty-five thousand rupees.9. Section 32A of the Income-tax Act deals with investment allowance which was inserted by the Finance Act, 1976, with effect from April 1, 1976. Sub-section (1) of the said Section provides that in respect of a … the portion of amount paid by any other person or authority. The said definition is applicable to Sections 28 to 41 of the Act, which includes Section 32A, which deals with the 'investment allowance'. The actual cost

G.K. Choksi and Co. Vs. Commissioner of Income-tax

Court : Gujarat

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 2(13) and (36), 9, 9(1), 14, 28 to 44B, 160(1), 161(1), 163 and 256(1); Constitution of India - Article 14; Factories Act, 1948 - Sections 46, 47 and 48; Finance Act, 1976

Reported in : (2001)171CTR(Guj)396; [2001]252ITR863(Guj)

Board of DirectTaxes by way of Explanatory Notes on the provisions relating to directtaxes as amended by the Finance Act, 1976, to point out that the said circular while dealing with the amendment in Section 32(1)(iv) of the Act … to part 'D' which deals with profits and gains of business or profession, our attention was drawn to Section 28 which specifies incomes falling under the head 'Profits and gains of business or profession'. Sec-tion 29 lays down

In Re: Dhv Consultants Bv

Court : Authority for Advance Rulings

Subject : Direct Taxation

Reported in : (2005)197CTRAAR105

Sections 2(24), 4, 10(6), 28 to 44C, 44D, 52(1), 52(2), 57, 90, 115A, 115A(1), 115A(3), 206C and 245Q(1); Finance Act, 1975; Income Tax Act, 1922 In Re: Stanley Keith Kinnett, (1999) 238 ITR 155 (AAR); Karamat Khan v.CIT, … of fees for technical services received after the 31 day of March, 1976. It was, therefore, pleaded by the learned counsel that in view of … a business will have to be taken into account in determining its profits irrespective of the provisions of Section 28 to Section 43A. It was pleaded that this ruling is a direct authority on the issues raised in

Commissioner of Income-tax Vs. Vijay Ship Breaking Corporation

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(28A), 4, 4(1), 4(2), 5(2), 9(1), 40, 80HH, 80HH(2), 80I, 80I(2), 90, 195 and 195(1); Interest Act, 1978 - Sections 2; Finance Act, 1976

Reported in : [2003]261ITR113(Guj)

prior to the insertion of the provisions of Clause (v) in Section 9(1) of the Act by the Finance Act, 1976, with effect from June 1, 1976. (t) The decision of the Supreme Court in Central Bank of India … in K.S. Krishna Rao v. CIT : [1990]181ITR408(SC) which was rendered in the context of the provisions of Section 28 of the Land Acquisition Act, in which the court followed its earlier decision in Rama Bai v. CIT

J. Sainsbury Plc. Vs. Oconnar (inspector of Taxes).

Court : Kolkata

Subject : Direct Taxation

Reported in : [1992]197ITR462(Cal)

relief, the option agreement was an 'arrangement' within the meaning of paragraph 5(3) of Schedule 12 to the Finance Act, 1973. If so, the taxpayer company would lose the benefit of group relief by virtue of section 28

inspecting Assistant Vs. Goodricke Group Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (1985)12ITD1(Kol.)

the provisions in the Bill, the Board's Circular No. 202 dated 5-7-1976 explaining the provisions introduced by the Finance Act, 1976, relating to direct taxes and extract from Taxes & Incentives (a guide for investors) published by Indian Investment … not applicable in its case and, therefore, no amount claimed under Sections 28 to 43A of the Act can be disallowed under that section in … according to him, the Tribunal has not reviewed its order. It has exercised its power of rectification under Section 254(2) of the Income-tax Act, 1961 ('the Act'), judicially. It is pointed out that it is Shri Bagchi,