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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 … the provision for bad and doubtful debt account made under that clause. 8. We have already referred to the relevant provisions of Section 36 (1)

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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 … granted. However, in the intervening period the company filed a letter dt. 8th May, 1995, wherein, according to the Asstt. CIT, it denied having paid

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Feb 21 1992

Commissioner of Income-tax Vs. Industrial Promotion and Investment Cor ...

Court : Orissa

Decided on : Feb-21-1992

Subject : Direct Taxation

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

Reported in : (1992)103CTR(Ori)222; [1993]199ITR761(Orissa)

the Finance Act, 1974, with effect from April 1, 1975. There have been substitutions and insertions by the Finance Act, 1979, with effect from April 1, 1980 ; the Finance Act, 1981, with effect from April 1, 1982. The … the deduction was to be of the specified percentage of the total income before making any deduction under Chapter VI-A of the Act, as reduced by the deduction allowable under that section, i.e., under Section 36(1)(viii). In

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Aug 07 2001

Ghisalal Durga Dutta Vs. Bina Das and ors.

Court : Guwahati

Decided on : Aug-07-2001

Subject : InsuranceMotor Vehicles

This case was relied on in a subsequent decision of the same court in 1980 ACJ 377 Sundaram Finance Ltd. v. D.G. Nanjappa and here also relevance of the definition of 'owner' in Section 2(19) of the … The eldest, according to PW 9, was reading in Class 1 in 1979. The widow for her life time, and the daughters until their marriage, … there could be no discussion in that case of the provisions (of Chapter VIII) of the Act which did not then exist. In AIR 1972 … struck 4 issues for trial. As many as 8 witnesses were examined by the claimant besides herself … He left behind his wife and three minor daughters. An application under Section 110-A of the Motor Vehicles Act, 1939, for short the Act or Motor Vehicle Act, was filed by the widow claiming compensation for herself

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Mar 22 1994

Mahindra Sintered Products Ltd. Vs. Collector of C. Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Mar-22-1994

Subject : Land Acquisition

Reported in : (1994)LC49Tri(Delhi)

for Motor Vehicle application were classified as "Unspecified parts" under the same tariff. They stated that under the Finance Act, 1979, all the items which were unspecified under T.I. 34A were transferred to T.I. 68 and accordingly their products … in the book "Plain Bearing Design Handbook by Shri R.J. Welsh published by Butterworths" at page 67 in Chapter 8 states "Thin-walled Bearings" as follows: From the reading of the above definition, one point is very clear that

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Jul 26 2010

Tata Sky Limited Vs. the State of Uttarakhand and ors.

Court : Uttaranchal

Decided on : Jul-26-2010

Subject : Company

Acts : Companies Act, 1956; ; Indian Telegraph Act, 1885 - Section 4; ; Indian Wireless Telegraphy Act, 1933; ; Uttar Pradesh Entertainment and Betting Tax Act, 1979 - Sections 2, 3, 4, 4A, 4A(4), 4B and 4C; ; Bombay Entertainments Duty Act, 1923; ; Uttar Pradesh Entertainment and Betting Tax (Amendment) Act, 2009; ; Finance Act, 2001 - Sections 65, 65(5), 65(13), 65(63), 65(72) and 137; ; Prasar Bharti (Broadcasting Corporation of India) Act, 1990 - Section 2; ; Finance Act, 2002 - Sections 65, 66(5), 65(14), 65(15), 65(80) and 65(90); ; Finance Act, 2003 - Section 65, 65(16), 65(95), 65(105) and 66(1); ; Finance Act, 2004; ; Finance Act, 2005 - Section 65(16) and 65(105); ; Government of India Act, 1935; ; Cable Television Networks (Regulation) Act, 1995; ; Bengal Amusements Tax Act, 1922; ; We

the fact, that broadcasting was subjected to tax liability as a 'service' for the first time under the Finance Act, 2001. Chapter V. of the Finance Act, 2001 bears the heading 'Service Tax'. Section 65(13) of the Finance … the State of Uttarakhand from cable operators under Section 4C of the Uttar Pradesh Entertainment and Betting Tax Act, 1979 (hereinafter referred to as the Entertainment Act, 1979). After the petitioner company obtained its statutory licence on 24.03.2006, … in his Constitutional Law of India, 3rd Edn., Vol. 1 at pp. 81-82. A scrutiny of Lists I and II of the Seventh Schedule would

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Feb 20 1996

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

Court : Punjab and Haryana

Decided on : Feb-20-1996

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 269C, 269D, 269F, 269H and 269UD; Finance Act, 1986

Reported in : (1996)133CTR(P& H)224; [1996]219ITR461(P& H)

immovable property after September 30, 1986, and a new Chapter XX-C was introduced in the Act by the Finance Act, 1986, with effect from October 1, 1986. Section 266RR provides that Chapter XX-A will not apply in relation … appeal filed by the transferee against the acquisition order passed by the Competent Authority, Rohtak, on March 51, 1979, has been set aside.2. In pursuance of an agreement of sale dated March 25, 1975, Raja Mechanical Company … a sum of Rs. 1,90,000 bya registered instrument of sale dated May 8/9, 1975. On receipt of information regarding the sale transaction, the matter of

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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 … to the taxpayer between 1952 and 1987.Held :For the purposes of s. 86(4) of the U. K. Finance Act, 1982, the 'unindexed gain' from which

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Apr 30 1986

Andhra Pradesh State Financial Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Decided on : Apr-30-1986

Subject : Direct Taxation

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

(No. 2) Act 1967, Finance Act, 1970, Finance (No. 2) Act 1971, Finance Act, 1974, Finance Act, 1977, Finance Act, 1979, Finance Act, 1981 and lastly Finance Act, 1985 by which the crucial words 'this Clause and' were inserted … income' is oldest in conception and definitely older than the recent concept of gross total income found in Chapter VI-A. It has been well understood by all concerned and common sense meaning should not be substituted. (d)

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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)

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 … 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. … 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 … 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

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