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indo-japanese Industries Limited Vs. Assistant Collector, Central Exci ...

Court : Kolkata

Subject : Excise

Acts : Finance Act, 1979; ;Medicinal and Toilet Preparations (Excise Duties) Act, 1955 - Section 2; ;Central Excise Act; ;Uttar Pradesh Sales Tax Act; ;Stamp Act; ;Industries (Development and Regulation) Act, 1951 - Sections 10 and 29B; ;Central Excise Rules, 1944 - Rule 8(1); Factories Act, 1948 - Section 2

Reported in : 1986(24)ELT527(Cal)

have to be contrasted with Tariff Item No. 35 as it stood before it was deleted by the Finance Act, 1979.Tariff Item 35. PARTS OF CYCLES OTHER THAN MOTOR CYCLES NAMELY :-(i) Free wheels, (ii) Rims.Tariff Item 68. … the Central Government exempted certain classes of industrial undertakings from the operation of the provisions of, inter alia, Section 10 of the Act which related to the registration of industrial undertaking. Among the undertakings mentioned in Schedule 1

Cit Vs. R.T. Lawrence

Court : Allahabad

Subject : Direct Taxation

Reported in : [2005]144TAXMAN168(All)

and in the circumstances of the case, the Tribunal was right in holding that the Explanation inserted by Finance Act, 1983 with effect from 1-4-1979 to section 9(1)(ii) could not be applied to assessment earlier to the assessment … was right in holding that the living allowance was a special allowance liable to be exempt under section 10(14) of the Income Tax Act, 19615. Whether on the facts and in the circumstances of the case, the

Commissioner of Income-tax Vs. Sree Narayana Chandrika Trust

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10(22), 10(22A), 11 and 13(1)

Reported in : (1995)123CTR(Ker)233; [1995]212ITR456(Ker)

object with which Section 10(22A) was introduced is explained as follows in the Notes on Clauses to the Finance Bill, 1970 (see [1970] 75 ITR 70) :'Sub-clause (b) seeks to insert a new Clause (22A) in Section … the assessee as well. They relate to the assessment years 1977-78 and 1979-80 for which the accounting periods are the years ending March 31 of … as well, which we shall deal with later, namely, whether the assessee is entitled to the exemption under Section 10(22A) of the Act.3. The two questions raised by the assessee relate to its claim for exemption under Section

The Commissioner of Income-tax Delhi Ii Vs. the Punjab and Sind Bank L ...

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10(15), 32(1), 33, 43(3), 80-J and 256(1)

Reported in : 2000VAD(Delhi)661; 86(2000)DLT438; 2000(54)DRJ370; [2000]244ITR393(Delhi)

apparatus installed in shop premises qualified as plant within the meaning of Section 40 and 41 of the Finance Act. 1971. the Revenue held it not to be plant. On the above decision being affirmed by the chancery … of a hotelier and restaurant proprietor the very thing the trader is selling includes and ambience or setting...' 10. In IRC v. Scottish and Newcastle Breweries Ltd., [1982] 55TC 252 (HL), expenditure on 'decor' in a hotel

M/S.Rural Electrification Corporation Ltd. Vs. Commissioner of Income ...

Court : Authority for Advance Rulings

Subject : Land Acquisition

Matched in: Advocate Present for the Applicant Mr.Pradeep Dinodia, FCA Mr. D.S.Ahluwalia, GM, REC Mr. Rakesh Sareen, DGM (Finance)REC Mr. Murlidharan, CM(FandA), REC Present for the Department Mr.Pravin Rawal, Dy.Commissioner of Income-Tax (L.T.U.).

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

Court : Orissa

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 … A. Pasayat, J. 1. On being moved by the Revenue under Section 256(1) of the Income-tax Act, 1961 (in short, 'the Act'), the Income-tax Appellate Tribunal, Cuttack Bench, Cuttack (in … 1956). ' 4. Clause (viii) as was originally enacted corresponds to Section 10(2)(xiva) of the 1922 Act. The old provision was re-enacted in identical terms

Flores Gunther Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (1987)22ITD504(Hyd.)

invoked. The learned Commissioner found that an Explanation was newly added under Section 9(l)(ii) by the provisions of Finance Act, 1983, with retrospective effect from 1-4-1979 which reads as under : For the removal of doubts it is … of the agreement and item Nos. 201 up to 216 under the conditions and terms according to Article 10 and in compliance with Enclosure No. 8.In Article 10 para 3(e) it is agreed that for the deputation

Addl. Commissioner of Income-tax Delhi-i Vs. Delhi Cloth and General M ...

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10, 17, 35(2), 36, 37, 37(2A), 40, 40(C) and 256(1); Finance Act, 1964

Reported in : [1983]144ITR275(Delhi)

was right in law in holding that the provision of section 40(c)(iii) as it stood amended by the Finance Act, 1964, were applicable in the instant case and the sum of Rs. 64,678 disallowed by the Income-tax Officer … v. Delhi Cloth and General Mills Co. Ltd. decided on August 9, 1979 : [1983]144ITR280(Delhi) (Appx. I) (infra), and ITR 52/74, Addl. CIT v. Delhi … way of gratuity or the value of any travel concession or assistance referred to in clause (5) so section 10 or passage moneys or the value of any free or concessional passage referred to in sub-clause(i) of clause(6)

New Excelsior theatre Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 33, 33(4) and (5) and 34(3); Finance Act, 1974 - Sections 16

Reported in : [1994]210ITR570(Bom)

cannot claim the benefit of section 16(c) of the Finance Act, 1974. 10. Mrs. Patel, learned counsel for the assessee-company, was, however, submitted that section … The claim was made under section 33(4) of the Income-tax Act, 1961, read with section 16(c) of the Finance Act, 1974. This claim has been disallowed by the Tribunal. Hence, at the instance of the assessees, the following … Builders were the promoters of the assessee-company. 15. The assessees have relied upon a letter dated October 6, 1979, addressed by Messrs. S. P. Builders to the Commissioner of Income-tax (Appeals) under which they have confirmed that

State of Karnataka and ors. Vs. Thirumala Distilleries

Court : Karnataka

Subject : Excise

Acts : Karnataka Excise Act, 1965 - Sections 16(3), 22, 23, 36 and 45; Karnataka Excise (Distillery and Warehouse) Rules, 1967 - Rules 24, 25, 26 and 34; Karnataka Excise (Excise Duties and Fees) Rules, 1968 - Rule 2; Evidence Act, 1872 - Sections 3, 4, 17 and 114; Constitution of India

Reported in : 2004(6)KarLJ194

99, replacing earlier legislation). Further it was pointed out that the capital gains tax legislation (starting with the Finance Act, 1965) does not contain any provision corresponding to Section 460. The intention should be deduced, therefore, it was … be so dealt with has been confirmed by later legislation as to 'value shifting' : Capital Gains Tax Act, 1979, Section 25 et seq. These arguments merit serious consideration. In substance they appealed to Barwick, C.J. in Feder Commissioner … Breweries Limited and Anr. v. State of Karnataka and Anr., W.P. No. 1024 of 1987, DD: 4-2-1992, this Court has held that in the absence