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Jun 11 2008

Deputy Commissioner of Income-tax Vs. Official Liquidator

Court : Chennai

Decided on : Jun-11-2008

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 … effect in respect of a ship as if for the word 'seventy-five', the word 'fifty' had been substituted.8. Section 43 of the Act deals with definitions of certain terms relevant to income from profits and gains of business

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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, … (India) Limited, Pune v. Collector of Central Excise, Bombay [1983 (1) E.T.R. 433.]Associated Pulp and Paper Mills, Ahmedabad v. Collector of Central Excise, Ahmedabad [Order

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Nov 25 2003

Hindalco Industries Ltd. Vs. the Income-tax Officer (Tds)

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Nov-25-2003

Subject : Direct Taxation

Reported in : (2004)91ITD64(Mum.)

that it never intended to exclude Clauses (vi) and (vii) from the purview of Section 9(1)(i),) by the Finance Act 1976 with effect from 17.1976.).7. Ld. Counsel submitted that business includes rendering technical services and, therefore, if no business … from business had to be computed in accordance with a different set of provisions, namely, Sections 30 to 43A, as they obtained at the time. Room for argument has arisen on account of the use of the

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Nov 10 1999

Geo Seafoods Vs. Additional Sales Tax Officer Iv and anr.

Court : Kerala

Decided on : Nov-10-1999

Subject : Sales Tax

Acts : Kerala General Sales Tax Act, 1963 - Sections 17 and 17(6); Finance Act, 1993; Kerala General Sales Tax Rules, 1963 - Rule 32(21)

Reported in : [2000]119STC236(Ker)

of the assessments, then the entire assessments will be bad and likely to be struck down. By the Finance Act, 1993, the Legislature amended Section 17 of the Act and included Section 17(6). under Section 17(6), the maximum … was conferred upon the Income-tax Officer to assess a person as an agent of a foreign party under Section 43 within two years from the end of the year of assessment. But authority of the Income-tax Officer under … it is stated that the accounts for the years from 1974-75 to 1976-77 were with the Income-tax Department as a result of search and seizure

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Nov 25 2003

Hindalco Industries Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Nov-25-2003

Subject : Direct Taxation

Reported in : (2004)85TTJ(Mum.)71

that it never intended to exclude Clause (vi) and (vii) from the purview of Section 9(1)(i), by the Finance Act, 1976 w.e.f. 1st July, 1976.7. Learned counsel submitted that business includes rendering technical services and, therefore, if no business … from business had to be computed in accordance with a different set of provisions, namely, Section 30 to 43A, as they obtained at the time. Room for argument has arisen on account of the use of the

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Jul 12 2006

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

Court : Jharkhand

Decided on : Jul-12-2006

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) … in that case should be treated as an apparatus and as a plant for the purpose of Section 43(3) of the Income Tax Act, 1961. In view of the facts found by the Tribunal and the judgments

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Oct 08 2004

Jct Ltd. Vs. Deputy Commissioner of Income Tax and anr.

Court : Kolkata

Decided on : Oct-08-2004

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10(2), 35, 36(1), 37, 43 and 43(1); ;Finance Act, 1986; ;Finance Act, 2003; ;Companies Act, 1948 - Section 65

Reported in : (2005)194CTR(Cal)509,[2005]276ITR115(Cal)

on the basis of Expln. 8 to Section 43(1) as was inserted in the IT Act, 1961 through Finance Act, 1986 w.e.f. 1st April, 1974, applicable in relation to the asst. yr. 1974-75 and subsequent years. The object

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Oct 08 2004

Jct Ltd. Vs. Dy Cit and anr.

Court : Kolkata

Decided on : Oct-08-2004

Subject : Direct Taxation

Reported in : [2005]144TAXMAN435(Cal)

the basis of Explanation. 8 to section 43(1) as was inserted in the Income Tax Act, 1961 through Finance Act, 1986 with effect from 1-4-1974, applicable in relation to the assessment year 1974-75 and subsequent years. The object

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Aug 23 1993

B.R.T. Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Aug-23-1993

Subject : Direct Taxation

Reported in : (1994)51ITD285(Mum.)

v.CIT [1979] 118 ITR 643. He has also stated that Explanation 8 to Section 43(1) inserted by the Finance Act, 1976 with retrospective effect from 1-4-1974 supported the case of the assessee, because now the assessee cannot capitalise such

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Aug 03 1988

Aeroplane Shoe Factory Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Aug-03-1988

Subject : Direct Taxation

Reported in : (1989)28ITD478(Delhi)

1973 with6. Explanation 2 to Section 37(2A) Inserted by the Finance Act, 1983 with retrospective7. Explanation 8 to Section 43 Inserted by the Finance Act, 1986 with retrospective As against these 7 instances there are 11 other instances … to which retrospectivity can be normally attracted. No doubt, the Explanation to section 263(1) as substituted by the Finance Act, 1988 with effect from 1-6-1988 incorporates the provision regarding partial merger (vide clause (c)) but in the light

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