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Commissioner of Income-tax Vs. Alleppey Co. Ltd.

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 35B, 35B(1), 37(2) and 37(2A); Finance Act, 1983

Reported in : (1994)116CTR(Ker)15; [1994]207ITR598(Ker)

to bear in mind Section 37(2A) and also the newly inserted Explanation 2 to Section 37(2A) by the Finance Act of 1983 with retrospective effect from April 1, 1976 (by way of amendment). Explanation 2 aforesaid which had

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, … was justified in holding 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

Commissioner of Income-tax Vs. Sundaram Industries Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 37, 37(2A), 40, 40A(5), 45, 48 and 80J; Finance Act, 1983 - Sections 37(2A)

Reported in : (2000)158CTR(Mad)437; [1999]240ITR335(Mad)

expenditure prior to the insertion of Explanation 2 to Section 37(2A) of the Income-tax Act, 1961, by the Finance Act, 1983, with effect from April 1, 1976. Since the assessment year involved is 1974-75, the prior law would

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

Court : Karnataka

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 … land belonging to Government or to a Corporation or a Local Authority. This is what is contemplated under Section 37 of the Act.Section 38 appears in this context. Therefore, with reference to the preceding Sections the power of

Commissioner, Income-tax Vs. Ashok Kumar Manibhai Patel and Co.

Court : Madhya Pradesh

Subject : Direct Taxation

Reported in : (2008)214CTR(MP)344; [2009]317ITR386(MP)

from October 1, 1967, by the Taxation Laws (Amendment) Act, 1967 and Explanation 2 inserted therein by the Finance Act, 1983, retrospectively, with effect from April 1, 1976, while Sub-section (2B) was inserted with effect from April 1, … that in the fact and circumstances of the case, the Commissioner ignored the provisions of explanation 2 to Section 37(2A) of Income-tax Act 2. The facts which are essential to be stated are that the assessee is a

Commissioner of Income-tax Vs. Khem Chand Bahadur Chand

Court : Punjab and Haryana

Subject : Direct Taxation

Acts : Indian Income Tax Act, 1922 - Sections 10(2); Income Tax Act, 1961 - Sections 37(1), 37(2), 37(2A) and 37(2B)

Reported in : [1981]131ITR336(P& H)

the nature of 'entertainment expenditure' after the 28th of February, 1970. It is true that, later, by the Finance Act, 1976, the stringent provisions of Sub-section (2B) were omitted with effect from April 1, 1977. The afore-noted legal history … the phrase 'in the nature of entertainment expenditure' designedly employed by the Legislature in Sub-sections (2) and (2A)of Section 37 of the I.T. Act, 1961, is the somewhat ticklish question which has necessitated this reference to the Full

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)

appearing on behalf of the Department, contended that the object of Section 44C which was inserted by the Finance Act of 1976 with effect from June 1, 1976 has been explained by Circular No. 202 dated July 5, … was right in holding that the entire head office expenditure of Rs. 21.07 lakhs was allowable under Section 37(1), as Section 44C of the Income-tax Act was not applicable in the case of the assesseeFacts:2. The assessee

Commissioner of Income Tax Vs. Polisetty Somasundaram (P) Ltd.

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act 1961 - Sections 37, 37(1), 37(2), 37(2A) and 261

Reported in : (1997)140CTR(AP)497; [1997]225ITR123(AP); [1997]95TAXMAN388(AP)

sub-s. (2A) of s. 37 was inserted by amendment made in 1983 w.e.f. 1st April, 1976, by the Finance Act, 1983. That Expln. reads as under : 'Explanation 2 - For the removal of doubts, it is hereby … as entertainment expenditure - Income Tax Officer said it would not fall within meaning of entertainment expenditure under Section 37 (2A) - Commissioner of Income Tax (Appeals) held that it was entertainment expenditure as it was in nature

Commissioner of Income-tax Vs. Mohan MeakIn Breweries Ltd.

Court : Himachal Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Section 37(2A) and 37(2B); ;Finance Act, 1983

Reported in : [1991]192ITR134(HP)

in the case of assessees other than companies also, a ceiling on such expenditure was fixed. By the Finance Act, 1968, an Explanation (which is now Explanation 7) was added to Sub-section (2A) with effect from April 1, … of 1983 which was made effective with retrospective effect from April 1, 1976. The Explanation has been introduced for the removal of doubts by way … and 'Presentation items' for the assessee's guests, suppliers and customers fell outside the purview of the provisions of Section 37(2B) of the Income-tax Act, 1961 ?2. Whether the Tribunal has rightly held that Rs. 25,250 as expenditure incurred

Chemicals and Fibres of India Ltd. Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : Customs

Acts : Customs Act, 1962 - Sections 75 and 75(2); Customs and Central Excise Duties Drawback Rules, 1971 - Rules 3, 6 and 7; Central Excise Act, 1944 - Sections 27

Reported in : 1991(32)ECC299; 1991LC439(SC); 1991(54)ELT3(SC); JT1991(1)SC405; 1991(1)SCALE165; (1991)2SCC10; [1991]1SCR288; 1991(1)LC700(SC)

not included in the notification of the Central Government, the assessees made an application to the Ministry of Finance on 23.3.1977 requesting that drawback of the entire customs duty may be sanctioned. This request, however, was rejected … a similar request and, eventually, a notification was issued on 2nd August, 1976 under Section 25 of the Customs Act exempting DMT from customs duty. … class or description either by manufacturers generally or by any particular manufacturer; There is a similar provision in Section 37 of the Central Excises & Salt Act, 1944 enabling grant of draw back of the excise duty paid