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Indian Aluminum Company Ltd. and anr. Vs. Union of India (Uoi) and ors ...

Court : Delhi

Subject : Excise

Acts : Companies Act, 1956; Essential Commodities Act, 1955 - Sections 3; Central Excise Act, 1944 - Sections 4; Finance Act, 1976 - Sections 36, 36(1) and 36(5); Finance Act, 1977; Finance (No. 2) Act, 1977; Central Excise Rules, 1944 - Rules 8, 8(1), 52A, 56A and 173G(2); Constitution of India - Article 226; Aluminum (Control) Order, 1970

Reported in : 1993(12)ELT349(Del)

Aluminum.4. By Clause 36 of the Finance Bill, 1976, which was later replaced by Section 36 of the Finance Act, 1976, an auxiliary duty of excise equal to 20 per cent of the value of the goods as determined … orders and/or directions issued by the Central Government under the said order, the company is obliged to sell 50 per cent of its total production of Aluminum to specified customers at fixed prices (such Aluminum is hereinafter

Widia (India) Ltd. Vs. Commissioner of Income-tax

Court : Karnataka

Subject : Direct Taxation

Acts : Companies (Profits) Surtax Act, 1964 - Sections 2(5) - Schedule - Rules 1, 2 and 2(1); Finance Act, 1976 - Sections 2(6) and 2(8)

Reported in : (1991)98CTR(Kar)114; [1992]194ITR77(KAR); [1992]194ITR77(Karn)

Surtax Act, 1964 ('the Act' for short), deposited the equivalent amount with prepared under the provision of the Finance Act, 1976. The assessee required this deposit to be treated as payment of surcharge for the purpose of computing the … to payment of income-tax and, therefore, are not deductible for the purpose of computing the chargeable profits. - Section 5 & Karnataka Essential Commodities (Public Distribution System) Control Order, 1992, Clauses 4,5 & 11: [N.K. Patil, J] Distribution

V.N. Swaminathan Vs. Commissioner of Income-tax, Tamil Nadu-iii

Court : Chennai

Subject : Direct Taxation

Acts : Voluntary Disclosure of Income and Wealth Tax Act, 1976; Wealth Tax Act, 1957 - Sections 14, 14(5), 15(1) and 15(5A); Finance Act, 1977

Reported in : [1984]150ITR375(Mad)

5. As already stated, the petitioner had submitted returns voluntarily under the Voluntary Disclosure of Income and Wealth Act., 1976 (Central Act 8 of 1976) Section 3 of that Act provides that where any person makes on or … assessment year, then, notwithstanding anything contained in the Indian I.T.Act, 1922, or the I.T.Act, 1961, or in any Finance Act, the income-tax shall be charged in respect of the income so declared voluntarily at the rage or rates

Kerala Hotel and Restaurant Association and Others Vs. State of Kerala ...

Court : Supreme Court of India

Subject : Sales Tax

Acts : Constitution of India - Articles 14, 32 and 366; Kerala General Sales Tax Act, 1963 - Sections 5 and 9; Tamil Nadu General Sales Tax Act, 1959; Madras General Sales Tax Act, 1939; Kerala Finance Acts, 1987; Kerala Finance Acts, 1988; Constitution (Forty-Second Amendment) Act, 1976; Constitution (Fortysixth Amendment) Act, 1982

Reported in : AIR1990SC913; (1990)2CompLJ119(SC); JT1990(1)SC324; 1990(1)KLT825(SC); 1990(1)SCALE252; (1990)2SCC502; [1990]1SCR516; [1990]77STC253(SC); 1990(1)LC754(SC)

to time both by the Kerala General Sales Tax (Amendment) Acts and also by the Kerala Finance Acts. Section 5 of the Kerala General Sales Tax Act is the charging section and the first Schedule specifies goods subject … tax by virtue of Section 9 of the Act.13. This was the position until 1987 when the Kerala Finance Act, 1987 was passed, which was brought into force retrospectively with effect from 1.7.1987. However, we are not concerned … of status and opportunity. The expression 'socialist' was intentionally introduced in the preamble by the Constitution (Forty-Second Amendment) Act, 1976 with the principal aim of eliminating inequality in income and status and standards of life. The emphasis on

Commissioner of Wealth-tax Vs. M.K. Abdul Khader Haji (Decd.)

Court : Kerala

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 5 and 5(1); Finance Act, 1976; Foreign Exchange Regulation Act, 1973

Reported in : [2000]242ITR728(Ker)

India, by persons of Indian origin or by citizens of India--Section 5(l)(xxxiii). Section 5(l)(xxxiii), newly inserted by the Finance Act, 1976, with effect from April 1, 1977, grants exemption, for and from the assessment year 1977-78, to an assessee,

Jindal thermal Power Company Limited (Earlier Known as Jindal Trancteb ...

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act - Sections 5, 9, 9(1), 9(2), 195, 201, 246, 246(1) and 248; Finance Act, 1976

Reported in : (2009)225CTR(Kar)220; [2009]182TAXMAN252(Kar)

in India Section 9 provides for situations where income is deemed to accrue or arise in India. Vide Finance Act, 1976, a source Rule was provided in die said Section through insertion of Clauses (v), (vi) and (vii) for … situs of the payer and the situs of the utilisation of services will determine die tax jurisdiction. Further, Section 5, which defines scope of total income, is subject to other provisions of the Act, which would include Section

D.P. Wool Company Vs. Union of India Etc.

Court : Delhi

Subject : Sales Tax

Acts : Constitution of India - Article 19(1); Bengal Finance (Sales Tax) Act, 1941 - Sections 6(2); Delhi Sales Tax (Amendment & Validation) Act, 1976 - Sections 3(2); General Clauses Act, 1897 - Sections 6

Reported in : ILR1979Delhi27; [1979]44STC447(Delhi)

goods sold by them were formerly exempt from payment of sales-tax under the Second Schedule to the Bengal Finance (Sales-tax) Act, 1941 as applied to Delhi. These exemptions were illegally withdrawn by the Government, and (2) section … the said Act applicable to Union territory. (4) The Parliament thereupon enacted the Delhi Sales-tax (Amendment & Validation) Act, 1976, section 3 of which is as follows : 'VALIDATION(1) Subject to the provisions of sub-section (2) each of the … Pradesh High Court in Hanuman Prasad v. Sales-tax Oficer (1963) 14 StC 507. The analysis of section 6 of the General Clauses Act read with

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, … in computing the income by way 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 this blanket prohibition under the Act, … Tax Act, 1961 - 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; … For Appellant/Petitioner/Plaintiff: Sohrab Dastur and Niraj Sheth, Advs.Income Tax Act, 1961 - Sections 2(24), 4, 10(6), 28 to 44C, 44D, 52(1), 52(2), 57, 90, 115A,

Travancore Chemical and Manufacturing Co. Ltd. Vs. Commissioner of Inc ...

Court : Kerala

Subject : Direct Taxation

Acts : Companies (Profits) Surtax Act, 1964 - Sections 4; Income Tax Act, 1961 - Sections 2(5), 2(6) and 2(8); Finance Act, 1976; Finance Act (Amendment), 1977

Reported in : [1994]206ITR118(Ker)

having regard to the decision of the Supreme Court in CIT v. K. Srinivasan : [1972]83ITR346(SC) .5. The Finance Act, 1976 (Act No. 66 of 1976), made some special provisions in relation to payment of surcharge on income-tax for … Appellate Tribunal, Cochin Bench, has referred the following question of law for the opinion of this court under Section 18 of the Companies (Profits) Surtax Act, 1964 (hereinafter referred to as 'the Surtax Act'), read with Section

Baburao Alias P.B. Samant Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 3, 32, 61, 67, 83, 83(2), 90, 94, 101(4), 105, 118(1), 123(2), 148(1), 169, 174(2), 190(4), 213(2), 217(1), 249, 252, 303, 312, 315(2), 320(3), 320(5), 352, 352(2), 352(4), 356(1), 356(3), 360(2), 364(1), 366(18), 366(19) and 371-A(1); Evidence Act, 1872 - Sections 56, 57, 57(4), 74, 74(1), 78 and 78(2); Finance Act - 1976

Reported in : AIR1988SC440; [1988]172ITR713(SC); JT1987(4)SC672; 1987(2)SCALE1322; 1988Supp(1)SCC401; [1988]2SCR431

People (Extension of Duration) Act, 1976 (No. 30 of 1976) is ultra vires the Constitution; and (4) The Finance Act, 1976 (66 of 1976) is ultra vires the Constitution.2. Although the petitioner had also challenged Section 13 of the … not affect the validity of the resolutions. Let us take the case of an Act of Parliament. Under Section 5 of the General Clauses Act, 1897 where any Central Act is not expressed to come into operation on