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Sundaram Textiles Ltd., Madurai Vs. Assistant Collector of Customs, Ma ...

Court : Chennai

Subject : Excise

Acts : Customs Act, 1962 - Sections 12, 15, 25, 46 and 68; Customs Tariff Act, 1975

Reported in : 1984(2)ECC265; 1983(13)ELT909(Mad); (1983)IIMLJ92

also further subject to Auxiliary duty of 20 per cent leviable under sub-section (1) of Section 32 of Finance Act, 1976 together with additional duty leviable under Section 3 of Customs Tariff Act. 4. By a notification No. 388

Assistant Collector of Customs (imports) Vs. Sundaram Textiles

Court : Chennai

Subject : Customs

Acts : Customs Tariff Act, 1975

Reported in : 1990(25)ECC392; 1989(25)LC470(Madras); 1989(44)ELT464(Mad)

Customs Tariff Act, 1975, and an auxiliary duty of 20 per cent leviable under Section 32(1) of the finance Act 1976, together with an additional duty leviable under Section 3 of the Customs Tariff Act 1976. However, by Notification

Seshasayee Paper and Boards Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (2003)84ITD707(Mad.)

brought forward investment allowance in preference to unabsorbed depreciation. Sri Suryanarayanan submitted that Section 32A was inserted by Finance Act, 1976, w.e.f.1st April, 1976, and that the scope and effect of Section 32A had been elaborated in the Circular … given in respect of asst. yr. 1974-75 when there was the condition that the allowance of depreciation under Section 32(1) would be allowed subject to the provisions of Section 34. It was pointed out that Sub-section (1) of

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 … Act. Exemption in respect of auxiliary duty of customs leviable under Section 32(1) of the Finance Act was granted by the second notification. These notifications … 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

T.R.F. Limited Vs. Commissioner of Income Tax

Court : Jharkhand

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1977 - Sections 2(7); Finance Act, 1976 (66 of 1976) - Sections 32A(2A); Indian Income Tax Act, 1922 - Sections 10(2); Income Tax Act, 1961 - Sections 32, 32A, 32A(1), 32(1), 32(1)(2) 32A(2), 33, 33A, 33(1), 43(3), 256(1) and 256(2)

Reported in : (2007)213CTR(Jharkhand)557; [2008]298ITR78(Jharkhand); [2006(4)JCR21(Jhr)]

before the income-tax authorities or the Tribunal.12. Section 32A of the Income Tax Act was inserted by the Finance Act, 1976 (66 of 1976) with effect from 1st April, 1976 i.e. for and from assessment year 1976-77. Sub-section (1) … to assessment years 1984-85. The Assessee claimed depreciation at the rate of 2% as per the provisions of Section 32 as well as investment allowances under Section 32A of the Income Tax Act. The Assessee claimed depreciation and

T.R. Ganapathy Chettiar Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (1999)240ITR33(Mad.)

by section 32A providing for investment allowance by the Finance Act of 1976. The conditions prescribed were the same as for development rebate except that … of the Finance Act, 1961.10. When the Indian Income-tax Act, 1922, was substituted by the Income-tax Act, 1961, section 32 provided for development rebate as before on almost identical terms. Sub-section (5) enabled the Government to dis-continue the … history would be necessary to keep the matter in the right perspective.The development rebate was introduced by the Finance Act, 1955. In the Budget Speech ([1955] 27 ITR (St.) 42), the Finance Minister referred to the recommendation of

Marine Engg. Services (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (1990)34ITD77(Mad.)

Income-tax Officer rejected the claim for investment allowance but treated the assessee as an industrial company under the Finance Act for the purpose of levying tax at a concessional rate.4. The Commissioner of Income-tax on a review of … on a review of the aforesaid assessments held that the assessee was not entitled to investment allowance under Section 32 A and deduction under Section 80J as well as concessional rate of tax for the assessment year 1981-82

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

Commissioner of Income Tax Vs. Anand theatres

Court : Supreme Court of India

Subject : Direct Taxation

Reported in : (2000)160CTR(SC)492; [2000]110TAXMAN338(SC)

Hotel's case (supra) the Legislature amended the definition of 'plant' in section 43(3) of the Act by the Finance Act, 1995. The amending section clearly shows that the legislative intent was never to exclude cinema and hotel buildings … to be decided in the background of the specific provisions granting depreciation to buildings, machinery and plant under section 32 of the Income-Lax Act, 1961 (hereinafter referred to as 'the Act). And also to decide whether time has

C.K. Choksi and Co. Vs. Commissioner of Income Tax

Court : Gujarat

Subject : Direct Taxation

Reported in : [2003]127TAXMAN109(Guj)

by the CBDT by way of Explanatory Note on provisions relating to direct taxes as amended by the Finance Act, 1976, to point out that the said circulate while dealing with the amendment in section 32(1)(iv) has used the