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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)

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 These exemptions were illegally withdrawn … the said Act applicable to Union territory.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 … thinks fit, any enactment which is in force in a State at the date of the notification.' Under section 6(2) as originally applicable to Delhi a notice of not less than three months had to be given by

Commissioner of Income-tax Vs. Continental Device India

Court : Delhi

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 143(3), 144B and 256(1); Finance Act, 1976 - Sections 2(6) and 2(8); Finance Act, 1978

Reported in : [2001]252ITR227(Delhi); [2001]118TAXMAN585(Delhi)

the IDBI in lieu of surcharge in accordance with the provisions of Section 2(6) and (8) of the Finance Act, 1976, although for the assessment year 1978-79 tax was to be paid in accordance with the provisions of the

Jamnaprasad Kanhaiyalal Vs. Commissioner of Income Tax, M.P., Bhopal

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 68, 139, 256 and 257; Voluntary Disclosures of Income and Wealth Act, 1976 - Sections 18; Indian Income Tax Act, 1922; Finance Act, 1965 - Sections 24, 24(1), 24(3), 24(6) and 24(8)

Reported in : AIR1981SC1759; (1981)23CTR(SC)146; [1981]130ITR244(SC); (1981)3SCC441; [1981]3SCR849

declarant is a company, at the rates specified in Paragraph F,of Part I of First Schedule to the Finance Act (X of 1965) as if such amount were the total income of the declarantSub-section (8) on which strong … any room for doubt, the legislature has introduced Section 18 in the Voluntary Disclosures of Income and Wealth Act, 1976 (Act No. 8 of 1976) which specifically provides that save as otherwise provided in the Act, nothing contained … that the asssessee failed to discharge the burden of proof under Section 68 of the Income Tax Act, 1961 in regard to the nature and

M/s. Greatship (India) Ltd. Vs. Commissioner of Service Tax Mumbai-I a ...

Court : Mumbai

Subject : Service Tax

subsection (7) of section 7, of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976), read with section 64 (1) of Finance Act, 1994 ? (b) Whether in the facts … “Supply of Tangible Goods for use” as has been defined under Section 65(105)(zzzzj) of Chapter V of the Finance Act, 1994 (hereinafter referred to as “the said Act”). It is also not in dispute that the appellant has … 7.7.2009 (as it stood prior to amendment by Notification No. 14/2010-ST dated 27.2.1010) issued under clause (a) of sub-section (6) of section 6, and clause (a) of subsection (7) of section 7, of the Territorial Waters, Continental Shelf,

Ms. the Windsor Castle, Kodimatha, Kottayam, Represented by M.O. Asram ...

Court : Kerala

Subject : Service Tax

and the scope of the statute was clarified by introducing a ‘proviso’ to Section 4(2) as per the Finance Act, 2007 w.e.f. 01.04.2007, making it clear that no luxury tax shall be payable for such charges received in … 1. Constitutional validity of the Kerala Tax on Luxuries Act 1976 (herein after referred to as the ‘KTL Act’), particularly Sections 4, 10, 15 and 16 forms the majo0r … 2007 (filed by the same petitioner) the revised assessment orders passed in exercise of the powers conferred under Section 6(5) of the Act are also under challenge on various grounds. 2. The main grievance is with regard to

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 application for the approval of 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, therefore, the assessee was not held

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 … provisions of the Finance Act, 1976, read with a scheme framed thereunder. As per the second proviso to section 2(6) of the Finance Act, 1976, an assessee, being a company, may in lieu of payment of surcharge

KelvIn Jute Co. Ltd. and anr. Vs. Appropriate Authority and ors.

Court : Kolkata

Subject : Direct Taxation

Acts : Urban Land (Ceiling and Regulation) Act; ;Income Tax Act, 1961 - Section 269UD; ;Constitution of India - Article 226; ;Sick Industrial Companies (Special Provisions) Act, 1985

Reported in : (1991)1CALLT385(HC),1990(2)CHN385,[1990]185ITR453(Cal)

court finds that Chapter XXC of the Income-tax Act consisting of Sections 269U to 269UO inserted by the Finance Act, 1986, mainly deals with purchase by Central Government of immovable properties in certain cases of transfer. Section 269UC … that the proposed transfer was null and void under Section 5(3) of the Urban Land (Ceiling and Regulation) Act, 1976. The exemption under Section 20 of the 1976 Act did not seem to have been obtained and even … to the monthly tenancies and for a lump sum price of Rs. 65 lakhs which was appropriated towards the consideration at the time of completion

Harrisons Malayalam Ltd. and ors. Vs. State of Kerala and ors.

Court : Kerala

Subject : Direct Taxation

Reported in : (1998)150CTR(Ker)564

K. K. USHA, J.The common issue involved in these cases is whether the amendment introduced by the Kerila Finance Act, 1987, to the Kerala Plantation Tax Act, 1960, would be applicable to the assessment for the year 1987-88 … any modification to Schedule I. But an amendment was made to Schedule I by Kerala Plantation Tax (Amendment) Act, 1976 (Act 34 of 1976), which received the assent of the Governor on 11th Nov., 1976, and published in … in lieu of user of public road. Further, on the same reasoning benefit of refund of tax under Section 6 also can be claimed. - 1st July, 1987, cannot affect the assessment for the year 1987-88. They are

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 … to time under various notification Nos. 439 dated 23-11-1976, No. 299 dated 26-10-1977, No. 263 dated 30-12-1977, No. 66 dated 18-3-1978. The exemption granted by notification No. 66 dated 18-3-1978 was to remain in force upto and