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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

Matched in: Citation (1990)(30)LC491Tri(Mum.)bai

Commissioner of Income-tax Vs. Ampro Food Products

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 30, 31, 32, 33, 34, 35, 36, 37, 37(1), 37(3), 37(3A) and 80VV

Reported in : 1995(2)ALT843; (1995)125CTR(AP)341; [1995]215ITR904(AP)

assessee.' 6. Sub-sections (3A), (3B), (3C) and (3D) of section 37 of the Act were inserted by the Finance Act, 1978, with effect from April 1, 1979. We may point out here that section 37 of the Act which … which is titled as 'General', provides that any expenditure not being expenditure of the nature described in sections 30 - 36 and section 80VV and not being in the nature of capital expenditure or personal expenses of

Modi Rubber Ltd. Vs. Union of India and Others Overruled

Court : Delhi

Subject : Excise

Acts : Central Excise Rules, 1944 - Rules 2, 8, 8(1), 56A, 173, 173B and G; Central Excise Act, 1944 - Sections 2, 3, 6, 8(1), 12, 37 and 37(2); Finance Act, 1978 - Sections 37 and 37(4)

Reported in : 1984(2)ECC30; 1983(12)ELT24(Del)

Finance Bill, 1978 levied this special duty of excise and was presented and passed by the Parliament as Finance Act, 1978. Section 37 of the Finance Act, 1978 provides that in case of goods chargeable with duty of excise under … Co. Ltd., Coimbatore', 1981 E.L.T. 892 decided by a Division Bench of the Madras High Court on April 30, 1981 it was held that the regular duty which is in the form of surcharge on excise duty

Ethnor Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 37, 37(3A), 37(2B) 37(3B), 37(1), 37(3) and 40A; Companies (Profits) Surtax Act, 1964

Reported in : (2003)181CTR(Bom)550; [2003]260ITR401(Bom)

as may be prescribed.22. Sub-sections (3A) to (3D) were introduced to Section 37 of the Act by the Finance Act, 1978, with effect from April 1, 1979, and are accordingly applicable to the assessment years 1979-80 and 1980-81. Sub-section … of the case, Section 37(1) of the Act provides for deduction of any expenditure (not covered under Sections 30 to 36 and not being in the nature of capital expenditure or personal expenses of the asses-see) laid

Ethnor Ltd. Vs. Cit

Court : Mumbai

Subject : Direct Taxation

Reported in : [2003]126TAXMAN408(Bom)

as may be prescribed.17. Sub-sections (3A) to (3D) were introduced to section 37 of the Act by the Finance Act, 1978 with effect from 1-4-1979 and are accordingly applicable to assessment years 1979-80 and 1980-81. Sub-section (3A) provides that … of the case, section 37(1) of the Act provides for deduction of any expenditure (not covered under sections 30 to 36 and not being in the nature of capital expenditure or personal expenses of the assessee) laid

Dr. B.A. Rajakrishnan Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Cochin

Subject : Direct Taxation

Reported in : (1986)15ITD33(Coch.)

extravagant and socially wasteful expenditure on advertisement, publicity and sales promotion at the cost of the Exchequer, the Finance Act, 1978 has inserted a new Sub-section (3A) in Section 37 for the disallowance of a part of such expenditure … pertains to the assessment year 1979-80. The learned Commissioner felt that the assessment completed by the ITO on 30-4-1981 under Section 143(3) of the Act was erroneous as well as prejudicial to the interests of the revenue

industrial Finance Corporation of India and anr. Vs. Century Metals Li ...

Court : Delhi

Subject : Commercial

Acts : Industrial Finance Corporation Act, 1948 - Sections 30 and 41A

Reported in : 1(1989)DLT550

Santosh Duggal, J.(1) Industrial Finance Corporation of India, (IFCI for short), a statutory body established under the Industrial Finance Corporation Act, 1948 (hereinafter … bankers including the petitioner No. 1, having been held on 7th April, 1978. It is contended that the petitioner was not entitled to even otherwise … petitioner No. 1, sets out following facts, that have necessitated a petition to this Court, invoking provisions of Section 30 of the Act , M/s. Century Metals Ltd., a company incorporated under the Companies Act, 1956 (hereinafter referred

Balsara Hygiene Products Ltd. and Another Vs. D.S. Saxena and Another

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 3, 30, 31, 32, 33, 34, 35, 36, 37, 37(3) and (3)A and 80B; Constitution of India - Articles 19 and 226; Finance Act, 1983 - Sections 17

Reported in : 1994(2)BomCR164; [1994]208ITR623(Bom)

section 37(3) of the Act. In the year 1978, section 37 of the Act was amended by the Finance Act, 1978, by inserting sub-sections (3A) to (3D). The effect of the amendment was to disallow a portion of the … lakhs in the year 1981 to Rs. 138 lakhs in the year 1983. For the year ending June 30, 1983, the company incurred expenditure on advertisement, publicity and sales promotion totalling Rs. 197 lakhs and out of

Shantaben Govindlal Patel Vs. Commissioner of Income Tax

Court : Gujarat

Subject : Direct Taxation

Reported in : (2001)165CTR(Guj)722

of the previous year in which the transfer took place. Section 54F was introduced in the Act by Finance Act, 2/1977 with effect from 1-4-1978, for the purpose of exempting capital gain from tax, if sale proceeds of … assessment year 1974-75, even though in the present case the enhanced compensation was admittedly received on 22-11-1978, and 30-1-1979, when the provisions of both the sections had already been brought on statute book ?'2. Under section 45

Sirpur Paper Mills Ltd. Vs. Director of Inspection, Customs and Centra ...

Court : Andhra Pradesh

Subject : Direct TaxationExcise

Acts : Income Tax Act, 1961 - Sections 27, 81, 99(1), 280ZD and 280ZD(6)

Reported in : 1983(12)ELT457(AP); [1982]136ITR120(AP)

3. The statement of case, in brief, as per the averments of the writ petitioner i : The Finance Act, 1965, provided for the grant of tax credit certificates by inserting Chapter XXII-B in the I.T. Act, 1961, … 15, 15A, 15B, 16, 16A, 17, 18A(2), 21, 22, 23 23A(1), 27, 30, 31(1), 33, sub-items (1), (3A) and (4) of Item No. 34 and … well settled, and the authority for it is Assistant Collector v. National Tobacco Co. of India Ltd., : 1978(2)ELT416(SC) wherein it is hel : 'The term 'levy' appears to us to be wider in its import than … by inserting Chapter XXII-B in the I.T. Act, 1961, through s. 280ZD. Section 280ZD provides, inter alia, for the grant of tax credit certificates in