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Hindustan Cocoa Products Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 37, 40 and 256(1); Companies (Profits) Surtax Act, 1964; Finance Act, 1976 - Sections 2(9)

Reported in : [2001]250ITR755(Bom)

the applicant was not a company in which the public are substantially interested within the meaning of the Finance Act, 1976 ? (3) Whether, on the facts and in the circumstances of the case, the Tribunal was right in … S. H. Kapadia, J.1. The following three questions have been referred to this court under Section 256(1) of the Income-tax Act, 1961, for our opinion :'(1) Whether, on the facts and in the circumstances … treated as remuneration for the purposes of computing the disallowance under Section 40(c) of the Income-tax Act, 1961 ?' 2. In view of the judgment

Commissioner of Income-tax Vs. T.V. Sundaram Iyengar and Sons

Court : Chennai

Subject : Direct Taxation

Acts : Income-Tax Act, 1961 - Sections 40, 40A, 40A(5) and 256(2); Finance Act, 1977 - Sections 2 and 2(1); Finance Act, 1976 - Sections 2(1)

Reported in : [1999]97CompCas388(Mad)

of surcharge on income-tax within the scope of the proviso to Section 2(l)(b) of the Finance (No. 2) Act, 1976 ?' 2. The year of assessment of the assessee with which we are concerned is 1977-78, and the … personal accident insurance premium payments, etc., cannot be treated as perquisites for the purposes of disallowance under Section 40(c)/40A(5) of the Income-tax Act, 1961, and hence the disallowance made on the basis of these expenses as forming

Nagpur Hotel Owner's Association Vs. City of Nagpur Corporation

Court : Mumbai

Subject : Civil

Reported in : (1982)84BOMLR600

even for charging different rates. In this connection, the provisions of the Maharashtra Water Supply and Sewerage Board Act, 1976 in particular and Sections 40 and 41 in general may also be noticed. After all, in the matter … and no account is taken of the varying abilities of different recipients to pay, vide Lutz on 'Public Finance' P. 215. These are undoubtedly some of the general characteristics, but as there may be various kinds of … the city.2. In exercise of the powers conferred by Sub-section (1) of Section 418 of the City of Nagpur Corporation Act, WS ('The Act' for

Commissioner of Income-tax Vs. Geo Sea Foods

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 40, 256 and 271(1)

Reported in : [2000]244ITR44(Ker)

1976 ; and (c) after April 1, 1976. Originally, the word 'deliberately' existed which was omitted by the Finance Act, 1964, with effect from April 1, 1964. An Explanation was inserted at the end of Sub-section (1) of … the assessee, and hence it should be considered as payment to partners and disallowed the same by applying Section 40(b) of the Act. That decision was affirmed by the Tribunal by order dated April 5, 1983, in I.T.A.

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 … of excise leviable under section 3 of the Additional Duties of Excise (Textile and Textile Articles) Act,1978 ( 40 of 1978);(iv)(iv) the additional duty of excise leviable under section 3 of the Additional Duties of Excise (Goods

Commissioner of Income-tax Vs. Prathi Hardware Stores

Court : Orissa

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 68, 69, 69A, 69B, 69C and 271(1)

Reported in : [1993]203ITR641(Orissa)

31, 1976, and (c) after April 1, 1976. Originally, the word 'deliberately' existed which was omitted by the Finance Act, 1964, with effect from April 1, 1964. An Explanation was inserted at the end of Sub-section (1) of … An Explanation was inserted at the end of Sub-section (1) of Section 271 by the said Finance Act (Section 40 of the Finance Act, 1964). In between, by the Finance Act, 1968, the base for levy of penalty

Commissioner of Income-tax Vs. Kishorekumar Shamji

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 271(1)

Reported in : (2000)161CTR(Ker)225; [2000]244ITR702(Ker)

31, 1976, and (c) after April 1, 1976. Originally, the word 'deliberately' existed which was omitted by the Finance Act, 1964, with effect from April 1, 1964. An Explanation was inserted at the end of Sub-section (1) of … An Explanation was inserted at the end of Sub-section (1) of Section 271 by the said Finance Act (section 40 of the Finance Act, 1964). In between, by the Finance Act, 1968, the base for levy of penalty

Commissioner of Income-tax Vs. A. Sreenivasa Pai

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 139, 139(5), 271 and 271(1)

Reported in : (2000)160CTR(Ker)216; [2000]242ITR29(Ker)

31, 1976, and (c) after April 1, 1976. Originally, the word 'delibe-rately' existed which was omitted by the Finance Act, 1964, with effect from April 1, 1964. An Explanation was inserted at the end of Sub-section (1) of … An Explanation was inserted at the end of Sub-section (1) of Section 271 by the said Finance Act (Section 40 of the Finance Act, 1964). In between, by the Finance Act, 1968, the base for levy of penalty

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 … ? (2) Whether the Appellate Tribunal was right in law and on facts in deleting the disallowance under Section 40(a)(i) of the Act for the failure on the part of the assessee to deduct tax at source from

Assistant Commissioner of Vs. Canara Food Processors (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Pune

Subject : Direct Taxation

Reported in : (1993)45ITD500(Pune.)

assessments. Even after re-opening, the assets brought to tax would have been exempt under Section 40 of the Finance Act, 1983. Revenue is in appeal on the following common grounds, viz. : (1) The order of the CWT