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Commissioner of Income-tax Vs. North Koshalpur Colliery Co. Pvt. Ltd.

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32(2), 33(2), 80B, 80E, and 80I

Reported in : (1986)55CTR(Cal)409,[1986]161ITR756(Cal)

the 1961 Act, as originally enacted, did not contain Chapter VI-A. This chapter was first inserted by the Finance Act, 1965, with effect from April 1, 1965. Chapter VI-A as substituted by the Finance (No. 2) Act, 1967, … Sections 71 and 72 of the Act.8. The setting off of unabsorbed depreciation and development rebate comes under Chapter IV, i.e., computation of 'total income', whereas setting off of carried forward losses comes under Chapter VI which is … [1978]113ITR84(SC) . This decision was rendered by the court on April 11, 1978, at least a year before the decision in Cloth Traders' case :

East Asiatic Company (India) P. Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 30, 31, 32, 32(1), 32(2), 33, 33(2), 34A, 35, 41(1), 41(2), 43, 43(6), 70, 71, 71(1), 71(2), 72, 72(1), 72(2), 73, 74, 75, 76, 77, 78, 79 and 80

Reported in : [1986]161ITR135(Mad)

works determined for the assessment year 1970-71 ?' 9. This court, after referring to the different provisions in Chapter IV of the Act which dealt with computation of total income and particularly sections 28, 30, 31, 32 and … The Suppliers Ltd.'s case : [1985]152ITR694(Mad) had referred to the contrary view taken in CIT v. Estate and Finance Ltd. : [1978]111ITR119(Bom) , CIT. Rampur Timber and Turnery Co. Ltd. : [1973]89ITR150(All) , CIT v. Virmani Indstries

Commissioner of Income-tax Vs. Shiva Prasad Bagaria

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32, 32(2) and 72(1)

Reported in : [1991]191ITR139(Cal)

for relief had to be considered to be a substantive provision to be read with a part of Chapter IV of the Act dealing with deductions and assessment and not as a proviso. In our view, if the … of the decisions which this court considered and approved is in the case of CIT v. Estate and Finance Ltd. : [1978]111ITR119(Bom) .8. Mr. Mitra has drawn our attention to a decision of the Bombay High Court

Commissioner of Service Tax, Service Tax Vs. M/S. Scott Wilson Kirkpat ...

Court : Karnataka

Subject : Service Tax

assessment in the context of the Income Tax Act held as under:- “A review of the provisions of Chapter IV of the Act sufficiently discloses that the word “assessment” has been used in its widest connotation in that … assessee is providing taxable services under the category of ‘Consulting Engineer Service’ and are duly registered under the Finance Act, 1994. The assessee entered into a contract agreement captioned as ‘Project Coordinating Consultancy Services for Karnataka State Highways … of Excise (Goods of Special Importance) Act, 1957 or the Additional Duties of Excise {Textiles and Textile Articles) Act, 1978, or that any goods are or not covered by a particular notification or order issued by the Central

Collector of Central Excise Vs. Indian Pistons Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Excise

Reported in : (1990)LC510Tri(Delhi)

time. The levy of SED was discontinued from 1972 until 1978 when it was again revived by the Finance Act, 1978. Thereafter it continued to be levied from year to year. The provisions levying SED in these various Finance … rate was ended and a statutory rate of duty was prescribed the goods concerned being those falling under Chapter 19 of Central Excise Tariff Act, 1985. The situation is not the same in the case of SED … looking at the situation with reference to SED and coming to his IVth and Vth propositions, Shri Iyer submitted that for the purpose of SED

Ms. Mina Fusade, Legal Heir of the Late Prince Sayajirao Gaekwar Vs. M ...

Court : Mumbai

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 18(1); Finance Act, 1998 - Sections 87, 88, 90(1) and 95; Arbitration Act - Sections 17, 30 and 39(1); Limitation Act - Sections 5; Income Tax Act, 1961 - Sections 143(3) and 264; Constitution of India - Article 226; Code of Civil Procedure (CPC) , 1908 - Order 9, Rule 13

Reported in : (2005)107BOMLR1160; (2006)201CTR(Bom)207; [2006]285ITR229(Bom)

Commissioner of Income-tax, who is the designated authority under Section 87(b)(i) of the Finance (No. 2) Act, 1998 ('Finance Act' for short), vide order-cum-intimation dated 10th March, 1999 rejected the applications-cum-declarations made by the petitioner under KVS Scheme … rejected the applications-cum-declarations made by the petitioner under KVS Scheme enacted under Chapter-IV of the Finance Act. The deceased had suffered best assessments under the … late Prince Sayajirao Gaekwar under Wealth Tax Act, 1957 ('Act' for short) for the assessment years 1969-70 to 1978-79; 1981-82; and 1984-85 to 1986-87 contending that the order of rejection suffers from non-application of mind and is

Tube Suppliers Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32, 32(1) and 72

Reported in : [1985]152ITR694(Mad)

in which s. 32 under which the relief is claimed occurs in the statute. Section 32 occurs in Chapter IV dealing with computation of total income. Section 28 makes specified items of income chargeable to tax under the … year in which the set-off is claimed, and this view has been expressed in CIT v. Estate and Finance Ltd. : [1978]111ITR119(Bom) , CIT v. Rampur Timber and Turnery Co. Ltd. : [1973]89ITR150(All) , CIT v. Virmani … Tribunal was right in holding that the unabsorbed depreciation relating to the activity of collapsible tubes and lamp factory related to a businesses, which ceased

Commissioner of Income-tax, Gujarat Vs. L.H. Vora

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 28 and 28(1)

Reported in : [1965]56ITR126(Guj)

was liable to pay the amount of tax payable by the firm, and (3) that the provisions of Chapter IV, so far as may be, applied to such assessment. The Supreme Court observed that the liability declared by … & Co. also, the controversy was with regard to the word 'assessment' used in section 13(I) of the Finance Act, 1950, which, while repealing the Hyderabad Income-tax Act, saved that Act for the purposes of the levy, assessment … v. State of Punjab, which distinguished proceedings before the customs authorities under section 167(8) of the Sea Customs Act, 1978, and a prosecution within the meaning of article 20(2) of the Constitution. The learned Advocate-General in particular relied

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 … Stake Money in respect of Trainers and Jockeys from the horse owners." 4. I have heard the arguments of Sriyuths S S Naganand, K.P.Kumar, learned

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 … addition to the same, they have also sought for the following reliefs: iv. direct the 4th respondent not to deduct tax on the winnings by