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India Leather Corporation (P.) Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Subject : Direct Taxation

Acts : Finance Act, 1970 - Sections 2(6); Income Tax Act, 1961 - Sections 80E, 147 and 256(1)

Reported in : (1989)77CTR(Mad)18; [1989]179ITR170(Mad)

the assessee-company was not an industrial company within the meaning of clause 2(6)(c) of Chapter II of the Finance Act, 1970 ?' 2. The assessee is a private limited company and the assessment year we are concerned with

Commissioner of Income-tax Vs. Kerala Financial Corporation Ltd.

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 36(1)

Reported in : [1993]202ITR186(Ker)

v. CIT [1988] 174 ITR 206 besides with reference to the Statement of Objects and Reasons to the Finance Act, 1985. So far as the first ground is concerned, viz., that the decision of the Cambay Electric Supply … of the total income before making any deduction under Section 36(1)(viii) and Chapter VI-A. The inference attempted to be drawn is that the law was … Nos. 33 and 34 of 1985, and I.T.R. No. 68 of 1989, pertaining to the assessment years 1977-78, 1978-79 and 1979-80 respectively. In answering those references, this court had followed the decision in Kerala State Industrial Development … Ltd. v. CIT : [1989]180ITR323(Ker) as also the decision in I.T.R. Nos. 205 to 208 of 1984 (subsequently reported in CIT v. Kerala State Industrial

Cyrus Surfactants Pvt. Ltd. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Excise

Reported in : (2007)(120)ECC443

us centres around the interpretation of the provisions of Section 93 of Chapter VI of the Finance Act, 2004, which provides for levy and collection … the adjudicating authority rejecting the refund claim of the appellants on account of Education Cess levied under the Finance Act, 2004.2. The claim of the appellants for refund of Education Cess was based on the Notification bearing No. … of Excise (Goods of Special Importance) Act, 1957; and The Additional Duties of Excise (Textiles and Textile Articles) Act, 1978, as was equivalent to the amount of duty paid by the manufacturer of goods, other than the amount

Geetha Timbers, Chalakudy Vs. State of Kerala and ors.

Court : Kerala

Subject : Contract

Acts : Kerala Forest Produce (Fixation of Selling Price) Act, 1978 - Sections 2 and 5; Kerala Forest Code - Sections 2(36); Constitution of India - Article 226

Reported in : AIR1991Ker350

order dated 13-8-1982, to implement the judgment of this Court, directed the Agricultural Production Commissioner, the Special Secretary Finance, Chief Conservator of Forests and the Chief Technical Examinor, Finance Department, to jointly survey the salvaged timber at … against Ext. P89 is that the price fixation is against the Kerala Forest Produce (Fixation of Selling Price) Act 1978 which came into force on 12-3-1979 and the price fixation is also below the seigniorage rate.13. 'Seigniorage rate' … rate.13. 'Seigniorage rate' is defined in the Kerala Forest Code, Volume I Chapter II in the definition Section 2(36) to mean in the Forest Department

Dr. P. Nalla Thampy Terah Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Election

Acts : Constitution of India - Articles 14 and 32; Representation of the People Act, 1951 - Sections 77, 77(1) and 77(3); Representation of the People (Amendment) Ordinance, 1974; Election Symbols (Reservation and Allotment) Order, 1968; Conduct of Elections Rules, 1961 - Rule 90

Reported in : AIR1985SC1133; 1985(1)SCALE1148; 1985Supp(1)SCC189; [1985]Supp1SCR622

of the Expert Committee headed by Justice Sacher on 'Companies and Monopolies & Restrictive Trade Practices Acts' deals 1978, Chapter XIII, pages 99-104 extensively with the evils flowing out of the donations made to political parties by big … People (Amendment) Ordinance, 1974.The Bill seeks to replace this Ordinance.3. By Section 2 of the Amending Act, which is called. The Representation of the People … an election on a footing of equality with any other individual or political party, howsoever rich and well financed it may be, and no individual or political party should be able to secure an advantage over others … of Explanation 1 to Section 77(1) of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act') which gives a carte blanche

Bangalore Turf Club Ltd. Vs. Union of India

Court : Karnataka

Subject : Direct Taxation

be treated as "winnings from horse races". 7.2 He further draws the attention of the Court to the Finance Act, 1978 whereunder Section 194BB was introduced to entail deduction of tax at source specifically on "winnings from horse races" … while making payment of 'stake money' to the owners of the horses as required under the provisions of Chapter - XVII/Section 194B of the Income Tax Act, 1961 (hereinafter referred to as 'Act' for short) and as

Bangalore Turf Club Limited Vs. Union of India

Court : Karnataka

Subject : Education

be treated as “winnings from horse races”. 7.2. He further draws the attention of the Court to the Finance Act, 1978 whereunder Section 194BB was introduced to entail deduction of tax at source 30 specifically on “winnings from horse … while making payment of ‘stake money’ to the owners of the horses as required under the provisions of Chapter - XVII/Section 194B of the Income Tax Act, 1961 (hereinafter referred to as ‘Act’ for short) and as

Steel Authority of India Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1991)38ITD193(Delhi)

the Finance Act of 1987, Section 80VVA was withdrawn and a new Chapter XII B was inserted to be operative with effect from 1-4-1988 i.e., … year.Section 115J of the Income-tax Act, 1961 was in voked by the Assessing Officer.2. Section 115J inserted by Finance Act of 1987 with effect from 1-4-1988 provides that where the income of a company as computed under the … company with some subsidiary companies in 1978 under the Public Sector Iron and Steel Companies (Restructuring) and Miscellaneous Act, 1978. As a consequence, appellant company became operating company with effect from 1-5-1978 and following subsidiaries were dissolved :

Assistant Collector of Customs (imports) Vs. Sundaram Textiles

Court : Chennai

Subject : Customs

Acts : Customs Tariff Act, 1975

Reported in : 1990(25)ECC392; 1989(25)LC470(Madras); 1989(44)ELT464(Mad)

Customs Tariff Act, 1975, and an auxiliary duty of 20 per cent leviable under Section 32(1) of the finance Act 1976, together with an additional duty leviable under Section 3 of the Customs Tariff Act 1976. However, by … Customs Tariff Act, the goods were subjected to a levy of 100 per cent basis import duty under Chapter 56 of the First Schedule of Customs Tariff Act, 1975, and an auxiliary duty of 20 per cent … these writ appeals, they are disposed of together under a common judgment. 2. Appellants in these writ appeals are the respondents in W.P. 298 of

Star Television News Limited Vs. Union of India (Uoi) Through the Secr ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 245A, 245(2A), 245C, 245C(1), 245C(3), 245D, 245D(1), 245D(1A), 245D(2A), 245D(2B), 245D(2C), 245D(2D), 245D(4), 245D(4A), 245D(4A)(1), 45D(4A)(2A), 45D(4A)(2D), 245D(4A)(4), 245H, 245H(1), 245HA, 245HA(3), 245(I), 245(4), 246C, 245HA(1), 245HA(2), 245HA(3) and 254(2A); Finance Act, 2007; Finance Act, 2008 - Sections 273AA, 273AA(1), 273AA(3), 278AB, 278AB(1) and 278AB(3); Taxation Law (Amendment) Act, 1975; Wealth-tax Act; Right to Information Act (RTI); Central Excise Act - Sections 35C(2A); Income Tax Rules - Rule 3; Constitution of India - Articles 14 and 16; Indian Penal Code

Reported in : 2009(111)BomLR3617; (2009)225CTR(Bom)140; [2009]317ITR66(Bom); [2009]184TAXMAN400(Bom)

popularly known as the Wanchoo Committee after its Chairman Justice K.N. Wanchoo. Some of the recommendations contained in Chapter 2 (titled 'Black money and tax evasion') of the said Report are as under:Settlement machinery2.32 This, however, does not … legality of the provisions of Section 245HA(1)(iv) and Section 245HA(3) of the Income Tax Act as inserted by Finance Act, 2007 (hereinafter referred to as F.A. 2007) with effect from 1st June, 2007 as being ultra vires and … The Direct Tax Laws Committee in its final report submitted in September, 1978 further recommended that all restrictions on the powers of the Settlement Commission