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Commissioner of Income-tax Vs. Kishorekumar Shamji

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 271(1)

Reported in : (2000)161CTR(Ker)225; [2000]244ITR702(Ker)

An Explanation was inserted at the end of Sub-section (1) of Section 271 by the said Finance Act (section 40 of the Finance Act, 1964). In between, by the Finance Act, 1968, the base for levy of penalty … 31, 1976, and (c) after April 1, 1976. Originally, the word 'deliberately' existed which was omitted by the Finance Act, 1964, with effect from April 1, 1964. An Explanation was inserted at the end of Sub-section (1) of … as under : The assessee is an individual. For the assessment year 1978-79, corresponding to the previous year ended on March 31, 1978, the assessment

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 … like Refrigerator, Steel Almirah, Phillips Radio etc.In purchasing these presents, the assessee had incurred an expenditure of Rs. 40,382. Out of this, a part of expenditure i.e. Rs. 8,104 was in respect of a party given at

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" … gambling or betting of any nature whatsoever would be chargeable to income tax at a flat rate of 40% on the gross winnings and contends that this charge of taxation does not apply to the owning and

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 … 9. Mr.R.R.Byramji, 10. Mr. Darius R Byramji, 11. Mr.Warren Singh, 12. Mr. Neil Darashah, S/o R.R.Byramji Aged about 40 years Residing at ‘Darius Villa’, No.17/14, Ali Askar Road, Bangalore-560 052. S/o Mr. Charanjit Singh Aged about 50

Northern India theatres (P.) Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1993)45ITD310(Delhi)

of value of Naaz Cinema Building in the wealth-tax is against the provisions of Section 40(3) of the Finance Act, 1983. Provisions of Section 2(e)(v) of the Wealth-tax Act, 1957 could not be invoked in contravention of the … Cinema.The sub-lease granted by the D.L.F. Universal Ltd. in favour of the assessee has expired in the year 1978. The D.L.F. Universal Ltd. has applied for perpetual lease to the D.D.A. and the matter is pending before

Vikram Cement Vs. Commissioner of Central Excise, Indore

Court : Supreme Court of India

Subject : Excise

Acts : Central Excise Tariff Act, 1985 - Sections 4; Customs Tariff Act, 1975 - Sections 3; Central Excise Act, 1944 - Sections 3A; Income Tax Act, 1961 - Sections 32; Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 - Sections 3; Additional Duties of Excise (Goods of Special Importance) Act, 1957 - Sections 3; Mining Act; Factories Act; Cenvat Credit Rules, 2000 - Rules 52A, 49(1) and 173G(1); Cenvat Credit (Amendment) Rules, 2001 - Rules 2 and 57AA; Cenvat Credit (Amendment) Rules, 2002 - Rule 2; Central Excise Rules, 1944 - Rule 57A, 57A(4), 57B, 57B(1), 57AA, 57AB, 57AC, 57G, 57J, 57Q, 57Q(1), 57R, 57S, 57S(7), 57T and 57T(5); Central Excise Duties Drawback Rules, 1995 - Rule 12; Central Excise (Amendment) Rules, 2001 - Rule 4(3); Central Excise (Amendment) Rules,

Reported in : 2005(102)ECC121; 2005(187)ELT145(SC); JT2005(7)SC637; (2005)7SCC74

additional duty of excise leviable under Section 3 of the Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 (40 of 1978);(iv) the additional duty of excise leviable under Section 3 of the Additional Duties of Excise … respect of which the exemption contained in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 214/86-Central Excises, dated the 25th March, 1986, has been availed of.(3) The credit under

Federation of Hotels and Restaurants Association of India and Others V ...

Court : Delhi

Subject : Service Tax

226 of the Constitution of India is to the constitutional validity of Section 65 (105) (zzzzv) of the Finance Act 1994 (FA) whereby the provision to any person by a restaurant, by having the facility of air-conditioning in … the decision of the Supreme Court in Northern India Caterers (India) Ltd. v. Lt. Governor of Delhi (AIR 1978 SC 1591). States have been proceeding on the basis that the Associated Hotels of India case was applicable … According to Mr Venkataraman Rule 2C of the 2006 Rules which deemed 40% of the total value of the transaction to be attributable to the

Kaziranga Tobaco Products Pvt. Ltd. Vs. Union of India (Uoi)

Court : Guwahati

Subject : Excise

Acts : Constitution of India - Article 226; Industries (Development and Regulation) Act, 1951

of 1957) and Sub-section (3) of Section 3 of the Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 (40 of 1978), the Central Government, being satisfied that it is necessary in the public interest so to … as well as the State of Assam and out of them Excise Notification issued by the Ministry of Finance on 8-7-99 on the eve of the Hon'ble Prime Minister's visit to Assam was the major incentive.4. The

Peerless General Finance and Investment Co. Limited and anr. Vs. Reser ...

Court : Supreme Court of India

Subject : BankingCommercial

Acts : Constitution of India - Articles 13(1), 13(2), 14, 19(1), 19(6), 32, 46, 121, 136 and 226; Reserve Bank of India Act, 1934 - Sections 45K(3), 45J, 45K and 45L; Evidence Act - Sections 114; Companies Act, 1956

Reported in : AIR1992SC1033; [1992]75CompCas12(SC); 1991CriLJ1391; JT1992(1)SC405; 1992(1)SCALE216; (1992)2SCC343; [1992]1SCR406

the petitions.2. This litigation is an upshot of the earlier case Reserve Bank of India v. Peerless General Finance and Investment Company Ltd. and Ors. : [1987]2SCR1 decided on January 22, 1987. In 1978 the Prize Chits … Ors. : [1987]2SCR1 decided on January 22, 1987. In 1978 the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 (in short 'the Banning Act, was enacted 'to ban the promotion or conduct of prize chits or money … liabilities to the depositOrs. Whereas the Favourite Company contends that investment of 40 per cent of the first year's subscription will be adequate to cover … Peerless') fell within the definition of 'Prize Chits' within' the meaning of Section 2(e) of the above Banning Act. By a letter dated July 23,

Jiyajeerao Cotton Mills Ltd. Vs. Income-tax Officer, c Ward and ors.

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80E and 154; ;Finance Act, 1965

Reported in : [1981]130ITR710(Cal)

that soda ash is one of the items mentioned in Part III of the First Schedule to the Finance Act, 1965, and the appellant was, therefore, entitled to a special rebate of 35 per cent. on the profits … the subsequent decision of the Supreme Court in Cambay Electric Supply : [1978]113ITR84(SC) delivered on the llth April, 1978, even then it could not be rectified as that would enlarge the time-limit specified in Section 154(7) and … the gross or commercial profits and not the net or taxable profits. 40. In view of the decision of the Supreme Court in Cambay Electric