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Collector of Central Excise Vs. Mihir Textiles Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Excise

Reported in : (1990)(30)LC491Tri(Mum.)bai

Rules 9 and 49 and retrospective validity of the said amendment brought out by Sec. 51 of the Finance Act, are valid. However, the Supreme Court did not accept the contention of the Learned Attorney General that the … In this context, he cited the judgement of the Supreme Court in J.K. Steels Ltd. v. U.O.I. in 1978 (2) ELT 355, he particularly took us through paragraph 45 of the aforesaid Supreme Court judgement. He also … 51(2)(d) of the Finance Act, 1982, were so issued under the aforesaid Section of the Finance Act and if so, they are not valid notices … have been so punishable if this section had not come into force." 29. From the aforesaid position, it is clear that Sec 51 of the

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 … other ‘winnings’ makes it evident that the intention of the legislature, from the very beginning was to treat 29 income from the activity of ownership and maintenance of race horses differently from ‘winnings’ and infact, from ‘winnings

Manimekalai Ammal and 5 Others Vs. Swamidorai Padayatchi and 4 Others

Court : Chennai

Subject : Commercial

Acts : Tamil Nadu Debt Relief Act, 1979, Sections 17, 31, 32(2), 33 and 34; Tamil Nadu General Clauses Act, 1891, Sections 8; Tamil Nadu Indebted Agricultural (Temporary relief ) Act, 1975; Tamil Nadu Indebted Agricultural (Temporary relief ) (Amendment) Act, 1976; Tamil Nadu Debt Relief Law (Amendment) Act, 1977; Tamil Nadu Debt Relief Law (Amendment) Act, 1978 - Sections 3, 6 and 7(1 and 2); Code of Civil Procedure (CPC), 1908 - Sections 11- Order 2, Rule 2;

Reported in : (2001)2MLJ826

the 1979 Act repealed the TamilNadu Debt Relief Act, 1978 and sub-section 29 thereof. Section 32 and 33, which are relevant for the purpose of … 15th June, 1979.3. This Court, in Sivasubramanian Alias Kandaswamy v. Mohindeed Pichai, 1986 (99) L.W. 198, Sri Varalakshmi Finance Syndicate v. R. Govindarajulu, 1990 (2) L.W. 351, Gangan v. Kannamal, 1996 (2) L.W. 92 and Manickam Chettiar … have the benefit of exclusion of the entire period between 15.1.1976 and 13.6.1979.5. The Tamil Nadu Debt Relief Act 1978 (Act 40 of 1978) was enacted to provide relief for certain indebted persons in the State of Tamil … J. 1. To resolve the conflict of views on the interpretation of Section 34 of the Tamil Nadu Debt Relief Act (Act 40 of 1979),

income-tax Officer Vs. Hydle Constructions (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1983)6ITD575(Delhi)

to the assessee's claim for being treated as an industrial company as defined in Section 2(9)(c) of the Finance Act, 1976 (similar in other years Finance Acts) and the claim of the assessee for relief under Section 80J … whereas there are two cross-appeals by the department and the assessee relating to the assessment years 1977-78 and 1978-79. The main points involved in these appeals are common and they relate to the assessee's claim for being

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

Court : Mumbai

Subject : Service Tax

“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 … the manufacturer of power-driven pumps and parts thereof. According to the appellant, the notifications were issued right from 1978 exempting levy of excise duty. It was their case that in 1994, in order to consolidate various exemption … to the learned CESTAT. The same is also dismissed vide order dated 29.9.2004, Being aggrieved thereby, the present appeal has been filed by the appellant.

Commissioner of Income-tax Vs. Gujarat State Fertilizers Co. Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32A, 43(1), 43A and 43A(1)

Reported in : (2003)179CTR(Guj)266; [2003]259ITR526(Guj)

(No. 2) Act of 1967, with effect from April 1, 1967, whereas Section 32A was inserted by the Finance Act, 1976, with effect from April 1, 1976. Hence, the non obstante clause in Section 43A could not have … 203).3. The liability for the instalments towards the cost of the assets for the calendar years 1976,1977 and 1978 (relatable to the assessment years 1977-78, 1978-79 and 1979-80) increased by reason of fluctuation in the foreign exchange … the following sums as business expenditure ;Assessment yearRs.Pages (Paper book)1977-78 39,66,824 1571978-79 29,44,182 2021979-80 19,69,963 23438. The Income-tax Officer had treated it as capital expenditure.

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 … mean total income computed in accordance with the provisions contained in Sections 30 to 45A, as provided in Section 29, so as also to take into account deductions admissible under Section 36(1)(viii). What we have to bear in … 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

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 … and a tannery at Tiruchy. The original assessment was completed on March 29, 1973, but on appeal, it was reduced to Rs. 6,95,620. Later, the … Ratnam, J.1. At the instance of the assessee under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the following question has been referred

income-tax Officer Vs. Quality Wines

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : MRTP

Reported in : (1989)31ITD163(Hyd.)

the said section in two spells. In the first spell they were inserted by Section 8 of the Finance Act, 1978 with effect from 1-4-1979 and they were omitted by Section 10 of the Finance Act, 1980 with effect … Tribunal in K. Narayana Chetty & Co. v.ITO [IT Appeal Nos. 1027 and 1029 (Hyd.) of 1985 dated 29-4-1983]. The learned CIT(A) held that there was a more direct way of allowing appellant's claim. Sub-s. (3A). of

Commissioner of Income Tax Vs. Udaipur Distillary Co. Ltd.

Court : Rajasthan

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 37, 37(3A), 37(3B), 244(1A) and 260A

Reported in : (2003)183CTR(Raj)614; RLW2004(1)Raj644

the income chargeable under the head 'Profits and gains of business or profession'.Original sub-section was inserted by the Finance Act, 1978, w.e.f. 1st April, 1979, and was later omitted by the Finance (No. 2) Act, 1980, w.e.f. 1st April, … circumstances of the case the Tribunal was justified in law in holding that the salary amounting to Rs. 29,80,610 will not fall within the ambit of Section 37(3A) r/w Section 37(3B) even though the same was not