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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 … Government of India;(c) provision of technical know-how' has the meaning assigned to it in Sub-section (2) of Section 80MM;(d) small-scale industrial undertaking' has the meaning assigned to it in clause (2) of the Explanation below Sub-section (2)

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 … definition clause. Duty has been defined to mean the duty payable under Section 3 of the Act. Rule 8 gives the power to authorise exemption from duty in special cases. It says that the Central Government may

M/S. Ponds India Ltd. Vs. Collector of Central Excise, Madras

Court : Supreme Court of India

Subject : Excise

Acts : Finance Act, 1988 - Sections 2 and 82; Finance Act, 1978 - Sections 37; Finance Act, 1987; Central Excise Rules, 1944 - Rules 8;

Reported in : AIR1997SC1708; 1997(58)ECC1; 1997(90)ELT3(SC); JT1997(1)SC729; 1997(1)SCALE484; (1997)2SCC577; [1997]1SCR541

duty until it levied with effect from 1st March, 1978, under the provisions of Section 37 of the Finance Act, 1978, which read thus:(1) In the case of goods chargeable with duty of excise under the Central Excise Act … 1st March, 1978, and cleared thereafter. The judgment, in paragraphs 9, 10 and 15, (of ELT) (Paras 7, 8 and 13 of AIR) reads thus:9. Rules 9 says that 'no excisable goods' should be removed from the

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

Commissioner of Gift-tax Vs. Sah Roop Narain

Court : Rajasthan

Subject : Direct Taxation

Acts : Gift Tax Act, 1958 - Sections 2 and 4(1); Finance Act, 1980

Reported in : [1988]169ITR794(Raj)

(xxiv) of Section 2 of the Act by the Finance Act, 1980, with effect from April 1, 1980. 8. In our opinion, the above legislative history of the relevant statutory provisions clearly supports the conclusion that a … only by virtue of Clause (e) inserted in Sub-section (1) of Section 4 of the Act by the Finance Act, 1980, with effect from April 1, 1980, that such a transaction can be treated as a gift taxable

Assistant Collector of Customs (imports) Vs. Sundaram Textiles

Court : Chennai

Subject : Customs

Acts : Customs Tariff Act, 1975

Reported in : 1990(25)ECC392; 1989(25)LC470(Madras); 1989(44)ELT464(Mad)

Customs Tariff Act, 1975, and an auxiliary duty of 20 per cent leviable under Section 32(1) of the finance Act 1976, together with an additional duty leviable under Section 3 of the Customs Tariff Act 1976. However, by … on 7-12-1978, and berthed at North Quay on 4-1-1979. The bill of entry had already been prepared on 8-12-1979, and had been received by the office of the first respondent on 13-12-1978. Though the ship entered into

Commissioner of Income-tax Vs. Tara Agencies Overruled

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 35B, 35B(1A), 139, 139(8), 143, 147 and 215; Finance Act, 1978

Reported in : (2000)159CTR(Ker)325; [2000]243ITR336(Ker)

expenditure incurred in connection with the exports in view of the provisions of Section 35B(1A) introduced by the Finance Act, 1978. The Commissioner of Income-tax (Appeals) upheld the claim of the assessee for weighted deduction on the ground that … STC 500. In the above case, a Bench of the Bombay High Court had considered the scope of Section 8(a) of the Bombay Sales Tax Act, 1953. There was a proviso to Section 8(a), which reads as follows

Kamaraj Spinning Mills Ltd. Vs. Union of India (Uoi) and ors.

Court : Kerala

Subject : Customs

Acts : Customs Act, 1962 - Sections 12, 25 and 25(1); Customs Tariff Act, 1975 - Sections 2, 3, 3(1), 3(6) and 25; Central Excise Act, 1944; Customs Act, 1878 - Sections 20(2); Finance Act, 1978; Income Tax Act; Finance Act, 1982 - Sections 44; Constitution of India; Central Excise Rules, 1944 - Rule 8(1)

Reported in : 1983LC1462D(Kerala); 1983(14)ELT1751(Ker)

duty (additional duty/auxiliary duty) of excise which has been levied in respect of the said goods under the Finance Act, 1978. It is contended therein that the relief in excise duty under the notifications is intended to recover in … of the same date the Government of India, in exercise of the powers conferred by Sub-section (1) of Section 25 of the Customs Act, 1962 (52 of 1962), exempted Viscose staple fibre and Viscose tow, falling within … under the Customs Act. That Act is an enactment coming under Entry 83, List I of the Seventh Schedule of the Constitution of India which

Gopal Hosiery Vs. Assistant Collector of C. Ex.

Court : Kolkata

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 2, 3, 11B and 37; ;Finance Act, 1971; ;Medicinal and Toilet Preparations (Excise Duties) Act, 1955 - Section 2; ;Factories Act, 1948 - Section 2; ;Finance Act, 1975; ;Finance Act, 1977; ;Finance Act, 1978; ;Finance Act, 1979; ;Finance Act (No. 2), 1980; ;Central Excise Tariff Act, 1985 - Sections 2(3) and 6; ;Central Excise Rules, 1944 - Rules 8, 8(1) and 174

Reported in : 1989(41)ELT35(Cal)

which was thereafter increased to 2% by the Finance Act, 1977, and then increased to 5% by the Finance Act, 1978 and finally increased to 8% by the Finance Act, 1979. It has been stated by the petitioners that … power were expressly excluded from taxability under tariff item No. 22D.5. The contention of the petitioner is that Section 3 which is the charging Section of the Central Excises and Salt Act, 1944, provides for levy and

Commissioner of Income Tax Vs. N. C. John and Sons Ltd.

Court : Kerala

Subject : Direct Taxation

Reported in : (1996)135CTR(Ker)319

1973. Provided that in respect of the expenditure incurred after the 28th day of February, 1973 inserted by Finance Act, 1978 w.e.f. 1st April, 1978 (but before the 1st day of April, 1978) by a domestic company, being a … personal expenses of the assessee) referred to in cl. (b), he shall, subject to the provisions of this section, be allowed a deduction of a sum equal to one and one-third times the amount of such expenditure … 35B on ECGC premium ?'whereas the sole question in IT Ref. Nos. 89 and 90 is as follows :'Whether the assessee is entitled to weighted