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Commissioner of Income Tax, Bombay and ors. Vs. Mahindra and Mahindra ...
Supreme Court of India
Sep-02-1983
Direct Taxation
Income tax Act, 1961 - Sections 72A, 72A(1) and 72A(2); Monopolies and Restrictive Trade Practices Act, 1969 - Sections 23(2) and 54; Companies Act, 1956 - Sections 370, 371, 391, 394 and 394(1); Finance Act, 1977; Essential Commodities Act, 1955; Indian Companies Act, 1913
AIR1984SC1182; (1983)3CompLJ30(SC); [1983]144ITR225(SC); 1983(2)SCALE222; (1983)4SCC392; [1983]3SCR773
be regarded as a sick unit. For instance, while announcing its scheme of merging sick units with healthyones (Finance Act, 1977) Government of India had classified 'those units where the losses, past and present, have eroded 50% of capital … the facts and in the circumstances of the case the recommendation of a statutory body (specified Authority under Section 72A of the Income-tax Act, 1961) and the Central Government's decision based on it-a matter of subjective satisfaction- … a statutory body (specified Authority under Section 72A of the Income-tax Act, 1961) and the Central Government's decision based on it-a matter of subjective satisfaction-
Tag this Judgment! AI Brief & AskV.N. Swaminathan Vs. Commissioner of Income-tax, Tamil Nadu-iii
Chennai
Sep-07-1983
Direct Taxation
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
[1984]150ITR375(Mad)
Tax Act, 1976, Sections 14, 14 (5), 15 (1) and 15 (5A) of Wealth Tax Act, 1957 and Finance Act, 1977 - Order of respondent challenged - by impugned Order sum of Rs. 9000 demanded from petitioner as interest … interest, chose to file the present writ petition challenging the said demand mainly on three grounds : (i) Section 15 of the Act dealing with the voluntary disclosure of wealth does not contemplate the payment of interest
Tag this Judgment! AI Brief & AskK. Venkata Reddy Vs. Commissioner of Income Tax, A.P.ii, Hyd. and Anot ...
Andhra Pradesh
Apr-27-2001
Direct Taxation
Finance Act, 1997 - Sections 33(1), 68(2), 88, 90 and 90(1); Central Treasury Rules - Rules 79, 80 and 81; Voluntary Disclosure of Income Scheme, 1997; Kar Vivad Samadhan Scheme, 1998; Indian Income Tax Act, 1922 - Sections 4(1); Limitation Act, 1908 - Sections 20; Finance Act, 1977 - Sections 67 and 67(1); Income Tax Act, 1961 - Sections 119(2); Finance (Amendment) Act, 1998 - Sections 90(2)
2001(4)ALD51; 2001(4)ALT160
the petitioner made a declaration on December 30, 1997 under the scheme. As per Section 67 of the Finance Act, 1977, the petitioner has to make payment of tax on the disclosed income within three months from the date … petition is filed praying for the issue of writ of mandamus declaring that the Communication No.CIT.AP.II/KVSS/190/ 98-99, dated 17-12-1999 issued by the 1st respondent as illegal, arbitrary and consequential declaration that the payment dated 27-3-1999 made by
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Commissioner of Income-tax Vs. T.V. Sundaram Iyengar and Sons
Chennai
Apr-15-1998
Direct Taxation
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)
[1999]97CompCas388(Mad)
has been referred to us at the instance of the Revenue. Section 2 of the Finance (No. 2) Act, 1977, provides the rates of income-tax and surtax, but under the proviso to Section 2 of the said Finance … N.V. Balasubramanian, J. 1. The Income-tax Appellate Tribunal, at the instance of the Revenue has referred the following two questions of law
Tag this Judgment! AI Brief & AskTamil Nadu Hotels Association Vs. Union of India (Uoi)
Chennai
Jul-25-2001
Service Tax
Finance Act, 1994 - Sections 65, 65(1), 65(2), 65(8), 65(16), 65(19), 65(20), 65(22), 65(23), 65(24), 65(41), 65(48), 66, 67, 67(1) and 70; Finance Act, 1997; Transfer of Property Act, 1882 - Sections 3; Finance Act, 1977; Finance Act (No. 2), 1998; Service Tax Act - Sections 65(24), 65(41) and 67; Constitution of India - Articles 14, 248 and 248(2); Constitution of India (46th Amendment) Act - Article 366(29A)
2001(78)ECC584; 2001(133)ELT265(Mad); 2006[2]STR513
so far as the services provide by the 'mandap keeper', the said services which were provided for in Finance Act, 1977 were continued in Finance Act No. 2/98 which was brought into with effect from 16-10-1998. However, the services … V. This tax was to apply to all the 'taxable services' provided after the commencement of Chapter V. Section 66 of the Finance Act, 1994 is a charging section. Few other provisions would be necessary to be … It is common knowledge that while presenting the Budget in the year 1994-95, the Finance Minister proposed to introduce a tax on certain services and
Tag this Judgment! AI Brief & AskP.G.O. Processors Private Limited Vs. Commissioner, C. Ex.
Rajasthan
Jan-24-2000
Excise
Central Excise Act, 1944 - Sections 3A, 3A(1), 11A and 33; Central Excise Rules, 1944 - Rule 174; Companies Act, 1956; Finance Act, 1977; Central Excise Tariff Act, 1985
2000(122)ELT26(Raj); 2000(4)WLC726
1998 and on 19th and 20th February, 1998. Certain documents, and books of accounts were seized.2. By the Finance Act, 1977 Section 3A was introduced in the Central Excise Act, 1944 empowering the Central Govt. to charge excise duty on … V.S. Kokje, J.1. The petitioner is a company incorporated under the Indian Companies Act, 1956. The petitioner Company has a unit at Bhilwara wherein Man Made Fabrics are manufactured/processed. The petitioner had taken
Tag this Judgment! AI Brief & AskIndian Aluminum Company Ltd. and anr. Vs. Union of India (Uoi) and ors ...
Delhi
May-24-1979
Excise
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
1993(12)ELT349(Del)
levy Aluminum. The said auxiliary duty of excise imposed by the Finance Act, 1976 was continued by the Finance Act, 1977 (No. 11 of 1977) but was repealed with retrospective effect by the Finance (No. 2) Act, 1977 (Act … and at Belgaum in the State of Karnataka. By virtue of the Aluminum (Control) Order, 1970, promulgated under Section 3 of the Essential Commodities Act, 1955, the Central Government has been given the power to regulate the … India raises the question of scope and true interpretation of Notification No. 198/76-C.E., dated June 16, 1976 issued in exercise of the powers conferred by
Tag this Judgment! AI Brief & AskA. Loganathan and Others Vs. A. Loganathan and Others
Chennai
Dec-14-1993
Direct Taxation
Income-tax Act, 1961 - Sections 4, 10(1), 66 and 110; Constitution of India - Article 226
[1995]214ITR202(Mad)
these writ petitions is for the issue of a writ of declaration, declaring that section 2(2) of the Finance Act, 1977, is ultra vires and illegal. 2. Though different assessees have filed these petitions, the respondents are common and … petitions is for the issue of a writ of declaration, declaring that section 2(2) of the Finance Act, 1977, is ultra vires and illegal. 2. Though different assessees have filed these petitions, the respondents are common and
Tag this Judgment! AI Brief & AskIndian Metals and Ferro Alloys Ltd. Vs. Union of India (Uoi) and ors.
Orissa
Dec-19-1990
Direct Taxation
Income Tax Act, 1961 - Sections 72A, 72A(1), 72A(2) and 72A(3); Constitution of India - Article 226
[1992]195ITR539(Orissa)
to health, Section 72A of the Act was enacted. The section was inserted by the Finance (No. 2) Act, 1977, with effect from April 1, 1978. At the time of its insertion, it comprised sub Sections (1) and … of its insertion, it comprised sub Sections (1) and (2) only. Subsequently, Sub-section (3) was inserted by the Finance Act, 1978, making it operative from April 1, 1978. The object of introduction of the said section, as appears
Tag this Judgment! AI Brief & AskCommissioner of Wealth-tax Vs. Smt. Brij Rani
Allahabad
Aug-04-1992
Direct Taxation
Wealth Tax Act, 1957 - Sections 18 and 18(1); Income Tax Act, 1961 - Sections 27(1); Finance Act, 1969
(1992)108CTR(All)46; [1993]201ITR307(All)
the tax. Thereafter with effect from April 1, 1969, an amendment was effected by Section 24(c) of the Finance Act, 1969, in the scale of penalty imposable inasmuch as the rate of penalty provided was a sum for
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