Advanced Search Results

Commissioner of Income Tax Vs. Hydle Constructions Pvt. Ltd.

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 15C, 32A, 32A(2), 33(1), 33B, 80HH, 80HHA, 80HHA(1), 80J, 80J(4), 84, 84(2), 84(7), 256 and 256(1); Indian Companies Act; Finance Act, 1978 - Sections 2(7)

Reported in : [2003]259ITR344(Delhi)

[1998]229ITR503(AP) followed the aforesaid decision ofBeehive Engineering Co.'s case (Supra) stating:-'For the purposes of Section 2(7)(c) of the Finance Act, 1978,a Division Bench of this court, of which one of us, i.e., Syed Shah Mohd. Quadri, J., was a … 'manufacture or production' of articles within the meaning of Section 84(2)(iii) and was entitled to relief under the section.'33. In the instance case, the assessed does not claim benefit in respect of the entire profit earned by

Ashoka and Company Vs. State of Bihar and ors.

Court : Patna

Subject : Sales Tax

to seize the items described in Annexure-2, in exercise of his power under Section 31(5)(a) of the Bihar Finance Act, 1981 (in short the Finance Act) and the order dated 5.10.94 (Annexure-6) passed under Section 33(5)(b) of the … a criminal or a civil court. 7. Shri Gadodia relying on Mewalal Kapildeo Prasad v. State of Bihar 1978 BBCJ 237 and Shiv Parwati Rice Mills v. Commissioner 1978 BBCJ 755 contended that in these cases the

Sri Madhusudan Mills Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Land Acquisition

Reported in : (1993)LC218Tri(Delhi)

and 49, ibid, with retrospective effect vide Notification No. GSR-74(E) dated 20-2-1982 read with Section 51 of the Finance Act, 1982. These amendments make it clear beyond doubt that duty is leviable on the goods consumed or utilised … Duty. Special Excise Duty and Additional Duty of Excise under Additional Duties of Excise (Textiles and Textile Articles) Act, 1978. The yarn manufactured by them was captively consumed in the same factory in the manufacture of fabrics.In the … Tribunal's decision reported in (i) 1989 (23) ECR Page 385 - Paras 33,127,129 and 130 (ii) 1987 (28) ELT 126 (Tribunal), 1987 (11) ECR 632

Commissioner of Income-tax Vs. Kishanlal and Sons (Udyog) Pvt. Ltd.

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32, 32(2), 33, 33(2), 36 and 57

Reported in : (1985)47CTR(Cal)37,[1985]154ITR735(Cal)

same.6. In the assessment year 1970-71, the assessee had borrowed money on interest from one Utkal Properties & Finance Private Ltd. Money was also advanced by the assessee to the said New Era Fabrics Private Ltd. The … such the same was not admissible under Section 57 of the I.T. Act, 1961.9. Being aggrieved, the assessee went up on further appeal before the … be deemed to be the allowance for that previous year, and so on for the succeeding previous years.' Section 33(1)(a) : ' In respect of... new machinery or plant (other than office appliances or road transport vehicles) which

Mentha and Allied Products Pvt. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1992)43ITD33(Delhi)

Taxes, when-Section 80HHA had been inserted by the Finance (No. 2) Act, 1977, with effect from April 1, 1978, in paragraph 20 of the circular, after referring to the provisions of Sub-sections (6) and (7) of Section … to press this application probably because of the retrospective amendment of the Income tax Act, 1961, by the Finance Act, 1990, with the result that such amounts have specifically been included in the definition of income in Section … to manufacture or produce articles at any time within a period of 33 years next following April 1, 1948. Thus, only industrial undertakings commencing production

Guruvayur Devaswom Managing Commit. and anr. Vs. C.K. Rajan and ors.

Court : Supreme Court of India

Subject : CivilConstitution

Acts : Guruvayur Devaswom Act, 1978 - Sections 2, 4(1), 5(3), 5(4), 5C, 6, 10, 13, 17, 23, 25, 26(2), 33 and 38; Indian Penal Code (IPC), 1860 - Sections 21; Guruvayur Devaswom Rules, 1980 - Rules 10 and 17; Constitution of India - Articles 12, 21, 23, 25, 26, 32, 142 and 226; Commission of Enquiry Act, 1952 - Sections 3, 3(4), 4, 5, 5A and 5B; Kerala Public Men's Corruption (Investigations and Inquiries) Act, 1987; Code of Civil Procedure (CPC) - Sections 92

Reported in : JT2003(7)SC312; 2003(3)KLT618(SC); 2003(6)SCALE401; (2003)7SCC546

temple with a view to make suitable provision for the proper administration of the GuruvayurDevaswom enacted the GuruvayurDevaswom Act, 1978 (Act 14 of 1978) (for short 'the Act'). The management of the temple is carried out in terms … giving them an opportunity to show cause why an order of surcharge should not be passed; and(g) Under Section 33, the State Government in turn is empowered to call for and modify, annul or reverse decision of the … the festivals conducted, (vi) special features or incidents during the year, (vii) financial position, (viii) working of subordinate temples and other institutions under the management

Andhra Pradesh State Financial Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (1986)18ITD515(Hyd.)

financial corporations and he drew our attention in particular to the latest amendment to Section 36(1)(viii) by the Finance Act, 1985, wherein it has been clarified that the deduction is to be made without making any deduction under … any deduction under this clause', was valid only prospec-tivcly and not retrospectively. Section 32A deals with investment allowance, Section 33 with development rebate and Section 33A with development allowance. As the Legislature was envisaging the contingency of the … Financial Corpn.'s case (supra) in its order for the assessment years 1977-78, 1978-79 and 1980-81. He has also cited a number of case laws in

income-tax Officer Vs. Rukmani Metal and Gaseous Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1982)1ITD816(Delhi)

on 10-6-1975 and 12-6-1975 which was beyond the time limit of 31-5-1975 specified in Section 16(c) of the Finance Act, 1971. Shri Kapila submitted that though the other conditions specified in this provision might have been fulfilled by … inadvertently allowed on some of the plant and machinery purchased beyond the date till it was allowable under Section 33 of the Act. According to the ITO, the assessee would be entitled to development rebate on the cost

Commissioner of Income Tax, Kerala Vs. Tara Agencies

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 35B(1A), 35(1)(B) and 801B; Finance Act, 1978 - Sections 2(7), 32A, 35B(1A), 35B(2), 80MM and 80MM(2); Marine Products Export Development Authority Act, 1972 - Sections 3(1); State Financial Corporation Act, 1951 - Sections 2(C); Bombay Sales Tax Act, 1953 - Sections 7 and 8; Kerala General Sales Tax Act, 1963 - Sections 5A(1); Central Sales Tax Act, 1956 - Sections 8(3); Central Sales Tax Rules - Rule 13; Central Excise Act, 1944 - Sections 2

Reported in : (2007)210CTR(SC)454; 2007(214)ELT491(SC); [2007]292ITR444(SC); JT2007(9)SC65; 2007(3)KLT624(SC); 2007(9)SCALE100; (2007)6SCC429

the controversy involved in this case, it would be proper to reproduce Section 35B(1A)&(2) as introduced by the Finance Act, 1978:(1A) Notwithstanding anything contained in Sub-section (1), no deduction under this section shall be allowed in relation to any … defined the term 'manufacture' a century ago in Anheuser-Busch Brewing Assn. v. United States (1907) 52 L Ed. 336. The definition has been followed in subsequent American, English and Indian cases. The definition reads as under:'Manufacture implies

Assam Brook Ltd. Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : ExciseCivil

Acts : Central Excise Tariff Act, 1985; Central Excise Act, 1944 - Sections 3 and 5A; Additional Duty of Excise (Goods of Special Importance) Act, 1957; Additional Duties of Excise (Textile and Textile Articles) Act, 1978; Finance Act, 1978 - Sections 32(4); Finance Act, 2002; Finance Act, 2003 - Sections 157 and 157(3); Central Excise Rules, 1944 - Rule 8 and 8(1); Punjab Sales Tax Act

time) on manufacturers of tyres, special excise duty @ 5% of the basic duty was imposed by the Finance Act, 1978. Two exemption Notifications under Rule 8(1) of the Central Excise Rules (corresponding to Section 5A of the present … petitions were filed before this Court. During the pendency of the aforesaid writ petitions, a Notification bearing No. 33 of 1999 was issued on 8.7.1999 exempting, amongst others, tea cleared from a unit located in any of