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Feb 06 1992

Smith (inspector of Taxes) Vs. Schofield.

Court : Kolkata

Decided on : Feb-06-1992

Subject : Direct Taxation

Reported in : [1994]209ITR572(Cal)

or after 6 April 1982. These results follow from the provisions of Chapter II of and Schedule 5 to the Act of 1979 as amended … to capital gains tax for the year 1986-87 on the basis that the indexation allowance introduced by the Finance Act, 1982 was to be deducted from the whole of the amount of the gain accruing to the taxpayer … be computed by applying the time-apportionment provisions of paragraph 11 of Schedule 5 to the Capital Gains Tax Act, 1979, to the gain accruing between her acquisition and disposal of the assets and the allowance deducted from that … (a) the cost of acquisition, in this case deemed to be pound 250; (b) the amount spent on improving the asset or defending the owners

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Nov 11 2002

South Indian Bank Ltd. Vs. Cit

Court : Kerala

Decided on : Nov-11-2002

Subject : Direct Taxation

Reported in : [2003]130TAXMAN749(Ker)

provisions for bad and doubtful debts account. Clause (viia) which was inserted with effect from 1-4-1980 by the Finance Act, 1979 provided for a deduction in respect of any provision for bad and doubtful debts made by a Scheduled … not exceeding ten per cent of the total income computed before making any deduction under this clause and Chapter VIA and an amount not exceeding two per cent of the aggregate average advances made by the rural … 36(1) of the Act, it must be noted, was inserted by Act 21/1979 with effect from 1-4-1988 and first substituted by Act 32/1985 with effect

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Feb 03 1989

India Leather Corporation (P.) Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Feb-03-1989

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

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Nov 11 2002

South Indian Bank Ltd. Vs. Commissioner of Income-tax

Court : Kerala

Decided on : Nov-11-2002

Subject : Direct Taxation

Acts : Finance Act, 1985; Income Tax Act, 1961 - Sections 36, 36(1) and 36(2)

Reported in : (2003)183CTR(Ker)21; [2003]262ITR579(Ker)

bad and doubtful debts account. Clause (viia) which was inserted with effect from April 1, 1980, by the Finance Act, 1979, provided for a deduction in respect of any provision for bad and doubtful debts made by a scheduled … not exceeding ten per cent, of the total income (computed before making any deduction under this clause and Chapter VI-A) or an amount not exceeding two per cent, of the aggregate average advances made by the rural … 36(1) of the Act, it must be noted, was inserted by Act 21 of 1979 with effect from April 1, 1980, and first substituted by

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Nov 11 2002

Dhanalakshmi Bank Vs. Commissioner of Income Tax

Court : Kerala

Decided on : Nov-11-2002

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 36(1)

Reported in : 2003(3)KLT177

provisions for bad and doubtful debts account. Clause (viia) which was inserted with effect from 1.4.1980 by the Finance Act, 1979 provided for a deduction in respect of any provision for bad and doubtful debts made by a Scheduled … not exceeding ten per cent of the total income computed before making any deduction under this clause and Chapter VIA or an amount not exceeding two per cent of the aggregate average advances made by the rural … 36(1) of the Act, it must be noted, was inserted by Act 21/1979 with effect from 1.4.1988 and first substituted by Act 32/1985 with effect

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Nov 14 1979

H. Jahangir Bhatusha Vs. Union of India (Uoi) and anr.

Court : Delhi

Decided on : Nov-14-1979

Subject : Customs

Acts : Customs Act, 1962 - Sections 12, 25, 25(1) and 25(2); Collection of Taxes Act, 1931; Customs Tariff Act, 1975 - Sections 1, 2 and 3; Contract Act - Sections 56; Import and Export Central Act, 1947; Constitution of India - Articles 14, 19(1), 19(6) and 226

Reported in : 1984(15)ELT106(Del)

25 of the Customs Act, 1962 (52 of 1962) read with subsection (4) of clause 31 of the Finance Bill, 1979, which clause has by virtue of the declaration made in the said Bill under the provisional … of three lakh tonnes of soybean oil, sunflower oil, rapeseed oil, palm oil and palm oleine falling within Chapter 15 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), and to be imported … V.S. Deshpande, C.J.1. Under Section 25 of the Customs Act, 1962 (the Act)-'(1) If the Central Government is

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Aug 08 2000

The Indian Hotels Company Ltd. and Others Vs. the Income Tax Officer, ...

Court : Supreme Court of India

Decided on : Aug-08-2000

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80J(1), 80J(4), 80J(6), 32A, 33 and 256(2); Finance Act, 1979 - Sections 2(7); Central Sales Tax Act, 1956; Finance Act, 1968 - Sections 2(6); Finance Act, 1973 - Sections 2(7); Constitution of India - Article 139A

Reported in : AIR2000SC2645; [2000]245ITR538(SC); JT2000(9)SC139; 2000(5)SCALE475; (2000)7SCC39; [2000]Supp2SCR261

an article or thing specified in the list in the Eleventh Schedule. (Emphasis supplied)9, Chapter II of the Finance Act, 1979 provides for rates of income tax. Relevant part dealing with the Company is as under:2(7) For the purposes

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Aug 08 2000

Indian Hotels Company Ltd. and ors. Vs. Income Tax Officer and ors

Court : Supreme Court of India

Decided on : Aug-08-2000

Subject : Direct Taxation

Reported in : (2000)162CTR(SC)310

being an article or thing specified in the list in the Eleventh Schedule.(Emphasis supplied) Chapter II of the Finance Act, 1979 provides for rates of income tax. Relevant part dealing with the Company is as under: - 2(7) For

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Jul 17 1989

Assistant Collector of Customs (imports) Vs. Sundaram Textiles

Court : Chennai

Decided on : Jul-17-1989

Subject : Customs

Acts : Customs Tariff Act, 1975

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

together under a common judgment. 2. Appellants in these writ appeals are the respondents in W.P. 298 of 1979 and W.P. 459 of 1979 (and will hereinafter be referred to as the respondents). The respondent in W.A. … 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 … subjected to a levy of 100 per cent basis import duty under Chapter 56 of the First Schedule of Customs Tariff Act, 1975, and an

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May 27 1999

Mitsui and Company Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : May-27-1999

Subject : Direct Taxation

by inserting an explanation in s. 9(ii) of the IT Act, 1961, w.e.f. 1st April, 1979 by the Finance Act, 1983 [140 ITR (St) 116], it is clarified and declared that the income which falls under the head … tax or any part of the tax as required to be deducted by or under the provisions of Chapter VII-B, the liability to penalty arises unless such failure is proved to be for a reasonable cause as … the financial years 1989-90 to 1994-95 confirming the penalties levied under s. 271C of the IT Act, 1961.Since the facts are common, these appeals have

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