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Jan 19 1996

Commissioner of Income-tax Vs. Lakshmi Industries (P.) Ltd.

Court : Chennai

Decided on : Jan-19-1996

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1977 - Sections 2(7); Finance Act, 1978 - Sections 2(7)

Reported in : [1996]222ITR36(Mad)

by assessee itself, therefore, assessee was not an industrial company within the meaning of section 2(7)(c) of the Finance Act, 1977. Held : In the present case, it was clearly pointed out that the assessee was not utilising the

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Aug 05 1998

Commissioner of Income-tax Vs. K.S. Venkataraman and Co.

Court : Chennai

Decided on : Aug-05-1998

Subject : Direct Taxation

Acts : Finance Act, 1977 - Sections 2(7); Income Tax Act, 1961 - Sections 32A

Reported in : [2000]243ITR377(Mad)

as in T. C. No. 1029 of 1987. Direct Taxation - investment allowance - Section 2 (7) of Finance Act, 1977 and Section 32A of Income Tax Act, 1961 - whether assessee be treated as industrial company for purpose

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Apr 15 1998

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

Court : Chennai

Decided on : Apr-15-1998

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)

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

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Apr 08 1988

Gopal Hosiery Vs. Assistant Collector of C. Ex.

Court : Kolkata

Decided on : Apr-08-1988

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 2, 3, 11B and 37; ;Finance Act, 1971; ;Medicinal and Toilet Preparations (Excise Duties) Act, 1955 - Section 2; ;Factories Act, 1948 - Section 2; ;Finance Act, 1975; ;Finance Act, 1977; ;Finance Act, 1978; ;Finance Act, 1979; ;Finance Act (No. 2), 1980; ;Central Excise Tariff Act, 1985 - Sections 2(3) and 6; ;Central Excise Rules, 1944 - Rules 8, 8(1) and 174

Reported in : 1989(41)ELT35(Cal)

1% ad valorem as levied under the Finance Act, 1975, which was thereafter increased to 2% by the Finance Act, 1977, and then increased to 5% by the Finance Act, 1978 and finally increased to 8% by the Finance … power were expressly excluded from taxability under tariff item No. 22D.5. The contention of the petitioner is that Section 3 which is the charging Section of the Central Excises and Salt Act, 1944, provides for levy and

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Aug 03 1998

Commissioner of Income-tax Vs. K.S. Venkataraman and Co. Pvt. Ltd.

Court : Chennai

Decided on : Aug-03-1998

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1977 - Sections 2(7)

Reported in : [2000]243ITR314(Mad)

51 per cent. of its income is a manufacturing company for the purpose of the Finance (No. 2) Act, 1977. The assessment years are 1973-74 to 1977-78.2. 'Industrial company' is defined in Section 2(7)(c) of the Finance (No.

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Dec 14 1993

A. Loganathan and Others Vs. A. Loganathan and Others

Court : Chennai

Decided on : Dec-14-1993

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 4, 10(1), 66 and 110; Constitution of India - Article 226

Reported in : [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

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Oct 01 1993

Commissioner of Income-tax Vs. Jivanlal Lalloobhai and Co.

Court : Mumbai

Decided on : Oct-01-1993

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2; Finance Act, 1976; Finance (Amendment) Act, 1977

Reported in : (1994)122CTR(Bom)259; [1994]206ITR548(Bom)

within the meaning of Sub-paragraph II of Paragraph C of Part I of the First Schedule of the Finance Act, 1976, and the Finance (No. 2) Act of 1977 ?' 2. The assessee is a registered firm. It … broker is nothing but business activity which falls within the expression 'business' as defined in clause (13) of section 2 of the Act. It does not fall within the expression 'profession' even if it is interpreted in the

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Jul 02 1993

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

Court : Kerala

Decided on : Jul-02-1993

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)

Application : Not to current assessment years. Citation : Companies (Profits) Surtax Act 1964 Sch.I,r.1 Finance (No 2) Act 1977 s.2(1) - - We have already extracted the said rule which provides for reduction of the amount of … income-tax to which the company may be entitled under the provisions of the said Act or the annual Finance Act, and after excluding from such amount. ...' 4. What is to be reduced is the amount of income-tax … Act is on the 'chargeable profits' of the previous year. 'Chargeable profits' is defined in Sub-section (5) of Section 2 as meaning the total income of the assessee computed under the Income-tax Act, 1961, for the previous year

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Sep 02 1983

Commissioner of Income Tax, Bombay and ors. Vs. Mahindra and Mahindra ...

Court : Supreme Court of India

Decided on : Sep-02-1983

Subject : Direct Taxation

Acts : 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

Reported in : 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- … within three years of its incorporation, ITCI incurred a loss of Rs. 253 lacs in the year 1974-75 ; with the financial assistance received from

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Aug 01 1994

Builders Associations of India Vs. Union of India and Others

Court : Supreme Court of India

Decided on : Aug-01-1994

Subject : Direct Taxation

Acts : Constitution of India - Article 32; Income Tax Act, 1961 - Sections 32A(2) and 256; Finance Act, 1977

Reported in : AIR1994SC2740; [1994]209ITR877(SC); JT1994(5)SC40; 1994(3)SCALE632; 1995Supp(1)SCC41; [1994]Supp2SCR376

writ petition is dismissed. Direct Taxation - assessment - Section 32A (2) of Income Tax Act, 1961 and Finance Act, 1977 - whether word 'construction' in Section 32A (2) (b) (3) includes construction of dams, buildings, bridges, roads, etc.

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