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Binani Industries Ltd., Kerala Vs. Assistant Commissioner of Commercia ...

Court : Supreme Court of India

Subject : Sales Tax

Acts : Karnataka Sales Tax Act, 1957 - Sections 3A, 5, 5C, 12A, 13A(1), 20, 21, 21(1), 21(2), 22, 22A, 23, 24 and 25A; Customs Act, 1873; Karnataka Taxation laws (Second Amendment) Act, 1996 - Sections 5C, 5(3), 5(91), 7 and 21; Karnataka Tax on Luxuries Act, 1979; Karnataka Tax on Professions, Trades, Callings and Employments Act, 1976; Karnataka Entertainments Tax Act, 1958; Karnataka Agricultural Income Tax Act, 1957; Sale of Goods Act, 1930 - Sections 4; Finance Act, 1952; Income Tax Act, 1922 - Sections 34 and 35(10); Finance Act, 1956; Karnataka Sales Tax Rules, 1957 - Rule 6(4); Constitution of India - Article 366

Reported in : JT2007(5)SC311; 2007(5)SCALE429; 2007(1)LC0515(SC); (2007)6VST783(SC); 2007AIRSCW3071; JT2007(5)SC311; 2007-08(6)VATToday128; 2007(2)KCCRSN81; 2007(4)AIRKarR295

income tax for the year 1952-53, the appellant, a company had been granted under the provisions of the finance Act, 1952, a rebate on a portion of its profits of the previous year, that is, 1951 which it … Amendment) Act, 1996, amendments are effected to provisions of the below mentioned Acts; i) Karnataka Tax on Luxuries Act, 1979. ii) Karnataka Tax on Professions, Trades, Callings and Employments Act, 1976. iii) Karnataka Entertainments Tax Act, 1958. iv) … that if the language expressly so states or clearly implies, retrospectivity must be given to the provision. Under Section 34 of the Income Tax Act, 1922, it is the service of the notice which is the sine qua

East Coast Commercial Company Ltd. Vs. Income-tax Officer and ors.

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 131, 147, 148, 148(2), 149(1), 151 and 297(2)

Reported in : [1981]128ITR326(Cal)

the new Act and/or Section 34 of the old Act prior to and after its amendment by the Finance Act, 1956, and by the Indian I.T. (Amend.) Act, 1959. 1. I.T. Act, 1961. '297. Repeals and savings.--(1) The

Commissioner of Income-tax Vs. Kerala Electric Lamp Works Ltd. and Cro ...

Court : Kerala

Subject : Direct Taxation

Acts : Finance Act, 2001; Income Tax Act, 1961 - Sections 32 and 32(1)

Reported in : (2003)183CTR(Ker)182; [2003]261ITR721(Ker)

by Finance Act, 1983, which was inserted with effect from April 1, 1979, as follows :'For the removal of doubts, it is hereby declared that … learned standing counsel appearing for the Revenue, the Explanation inserted by the amendment to Section 32 by the Finance Act, 2001, with effect from April 1, 2002, would take us back to the position that whether or not … claim. In para. 4 of the order of the Tribunal it was noticed that after the amendment of Section 34(1) by the Taxation laws (Amendment and Miscellaneous Provisions) Act, 1986, with effect from April 1, 1986, it was

Cit Vs. Kerala Electric Lamp Works Ltd.

Court : Kerala

Subject : Direct Taxation

Reported in : [2003]129TAXMAN549(Ker)

the Explanation introduced by the Finance Act with effect from first April, 1979 was considered by this court and in that context, it was held … P.K.R. Menon, learned standing counsel appearing for the revenue, the Explanation inserted by amendment to section 32 by Finance Act, 2001 with effect from 1-4-2002 would take back to the position that whether or not the assessee claimed … claim. In para 4 of the order of the Tribunal it was noticed that after the amendment of section 34(1) by the Taxation Laws (Amendment and Mise. Provisions) Act, 1986 with effect from 1-4-1986, it was not necessary

income-tax Officer Vs. Quality Wines

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : MRTP

Reported in : (1989)31ITD163(Hyd.)

provisions now applicable, the Madras Bench was considering Section 37(3A) as it stood before its omission by the Finance Act, 1980. We are concerned with Section 37(3A) introduced by the Finance Act, 1983.These two provisions are entirely different … of which the disallowance is made. According to the assessee in that case Rs. 1,20,264 for assessment year 1979-80 which was not disallowable under Section 37(3) should not be included in the computation of 'adjusted expenditure' and … the balance amount of expenditure was disallowed. Such disallowance amounted to Rs. 34,949.4. Against this finding, the assessee appealed. The Commissioner (Appeals) relying on an

R.S. Jiwani Vs. Ircon International Ltd., a Government of India

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1899; Code of Civil Procedure (CPC) , 1908 - Sections 89 and 100A; Arbitration Act, 1940 - Sections 15, 16, 30 and 49; Arbitration and Conciliation Act, 1996 - Sections 4A(1), 5, 16(6), 32, 34, 34(2), 34(4), 35, 36, 43 and 86; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Limitation Act, 1963; General Clauses Act, 1897; Oil Seeds (Forward Contract Prohibition) Order, 1943; Contract Act, 1872 - Sections 23, 55 and 73; Conciliation Rules

been legally and validly referred, the whole award was rightly set aside.21. Even in the case of BOI Finance Ltd. v. Custodian and Ors. : (1997)10 SCC 488, the Supreme Court while dealing with the provisions of … above they were the claims which were existing or pending in 1978, 1979 and 1980 (considered by the committee and payment made by OMC) which … judicial intervention. In the light of this background, we are required to examine and interpret the provisions of Section 34(2) of 1996 Act, the need for which has arisen as a result of the order of reference to

Sterling Foods Vs. Commissioner of Income-tax

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 5, 28, 66 and 80HH

Reported in : (1991)95CTR(Kar)36; [1991]190ITR275(KAR); [1991]190ITR275(Karn)

year but for the fact that section 28 of the Income-tax Act, 1961, has been amended by the Finance Act of 1990 with effect from April 1, 1962, by the insertion of clause (iiia) and clause (iiib) with … the year 1939-40 has escaped assessment and issued to the assessee on February 12, 1944, a notice under section 34. The question was whether that notice was valid. It was therein held by the Supreme Court after considering … section 80HH of the Income-tax Act, 1961 ?'2. In the assessment year 1979-80, Messrs. Sterling Foods, Mangalore, received a sum of Rs. 3,09,800 by way

Unique Butyle Tube Industries Pvt. Ltd. Vs. U.P. Financial Corporation ...

Court : Supreme Court of India

Subject : BankingCivil

Acts : Uttar Pradesh Public Monies (Recovary of Dues) Act, 1972 - Sections 3, 3(1) and 3(3); Recovery or Debts Due to Bank and Financial Institutions Act, 1993 - Sections 17, 18, 19(7), 19(22), 31, 34 and 34(2); State Financial Corporation Act, 1951 - Sections 32G; Industrial Finance Corporation Act, 1948; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Sick Industrial Companies (Special Provisions) Act, 1985; Small Industries Development Bank of India Act, 1989; Uttar Pradesh Land Revenue Act, 1901 - Sections 183; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 - Sections 287A; Constitution of India - Articles 226 and 227; Haryana Public Moneys (Recovery of Dues) Act, 1979 - Sections 3

Reported in : AIR2003SC2103; 2003(1)ALLMR(SC)1196; 2003(51)BLJR666; [2003]113CompCas374(SC); [2003(2)JCR156(SC)]; (2003)2SCC455; [2003]41SCL418(SC); [2002]SUPP5SCR666; (2003)1UPLBEC901

shall be in addition to, and not in derogation of the Industrial Finance Corporation Act, 1948 (15 of 1948), the State Financial Corporations Act, 1951 … Collector, Chandigarh and Ors. : [1998]2SCR1158 . The said case related to Haryana Public Moneys (Recovery of Dues) Act, 1979 (in short 'Haryana Act'). With reference to certain observations in paragraph 8 of the said judgment, it was … Monies (Recovery of (SIC) Act. 1972. (in short 'the U.P. Act') on 6.1.2001 are maintainable in view of Section 34(2) of the Recovery of Debts Due to Bank and Financial Institutions Act, 1993 (in short 'the Act'). 3.

indus Towers Ltd Vs. the Deputy Commissioner of Commercial Taxes and O ...

Court : Karnataka

Subject : Service Tax

Operators are charged by the assessee for the Site Access Availability. The assessee is also assessed under the Finance Act, 1994 and is paying service tax. 8. The assessee was served with a notice under Section 39(1) of … (d) of clause (29A) be equated with the third sort of bailment referred to in “Bailment” by Palmer, 1979 edition, page 88. The third sort referred to there is when goods are left with the bailee to … film, only a leased or transfer the right to exploitation is made”. 34. The cause for such amendment is the judgment rendered by the Madras

T.Chakrapani and ors. Vs. Union of India and ors.

Court : Chennai

Subject : Civil

Acts : National Highways Act, 1956 - Sections 8, 7, 8-A; National Highways Authorities under the Act, 1958 - Sections 14, 15; Arbitration and Conciliation Act, 1996; Code of Civil Procedure (CPC), 1908; Land Acquisition Act - Sections 23, 25(2); Principal Act; Constitution of India - Articles 14, 300-A - Schedule-9; Town Planning Act - Section 34(1)

acquisition of land for the construction of a highway. The mode of finance or the agency that would construct the highway would not alter the … Article 31 of the Constitution of India qua right to property stood omitted by the Constitution 44 Amendment Act, 1979. Whereas Article 31-A provides for the acquisition by the State, which provides that Acts, dealing with acquisition of … may consider necessary for the efficient discharge by the Authority of its functions under this Act.9. Amendment of Section 34: In Section 34 of the National Highway Authority Act, in sub-section (2), after clause (d), the following clause