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

Court : Kerala

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 … these appeals is regarding the scope and ambit of the proviso to Clause (vii) of Sub-section (1) of Section 36 of the Act. Since the aforesaid question is a purely legal issue, it is not necessary to state

South Indian Bank Ltd. Vs. Cit

Court : Kerala

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 … these appeals is regarding the scope and ambit of the proviso to clause (vii) of sub-section (1) of section 36 of the Act. Since the aforesaid question is a purely legal issue. It is not necessary to state

Dhanalakshmi Bank Vs. Commissioner of Income Tax

Court : Kerala

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 … these Appeals is regarding the scope and ambit of the proviso to Clause (vii) of Sub-section (1) of Section 36 of the Act. Since the aforesaid question is a purely legal issue, it is not necessary to state

South Indian Bank Ltd. Vs. the Commissioner of Income Tax

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act - Sections 28, 36(1), 139, 142(1), 143(1), 143(1A), 143(3) and 156; Finance Act, 2001

Reported in : [2009]316ITR306(Ker); 2008(3)KLT326; [2009]176TAXMAN277(Ker)

debatable issue and is ceased to be so only by virtue of Explanation introduced to Section 36(1)(vii) by Finance Act 2001 with effect from 1.4.1989. The contention of counsel for the appellant is that as on date of

income-tax Officer Vs. Ashokkumar Lalitkumar

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (1995)53ITD326(Ahd.)

possible in this case.He also placed reliance on the conditions mentioned in Section 36(2) as amended by the Finance Act 1987 which, inter alia, provides that the year in which the assessee has written off the debt as

Deputy Commissioner of Income Tax Vs. Catholic Syrian Bank Ltd.

Court : Income Tax Appellate Tribunal ITAT Cochin

Subject : Direct Taxation

Reported in : (2004)267ITR52(Coch.)

provision for bad and doubtful debts.9. Clause (viia) of Sub-section (1) of Section 36 was introduced by the Finance Act, 1979, w.e.f. 1st April, 1980. The Memorandum explaining the provision (Circular No. 258, dt. 14th June, 1979) gives a

Ashok Griha Udyog Kendra Pvt. Ltd. Vs. Collector of Central Excise and ...

Court : Allahabad

Subject : ExciseFood Adulteration

Acts : Finance Act, 1975; Medicinal and Toilet Preparations (Excise Duties) Act, 1955 - Sections 2; Factories Act, 1948 - Sections 2; Finance Act, 1979; Finance (No. 2) Act, 1980; Central Excises Act, 1944 - Sections 2, 3, 3(1), 35 and 36; Uttar Pradesh Sales Tax Act; Punjab General Sales Tax Act, 1948 - Sections 2; Food Adulteration Act; Central Excise Rules - Rule 9B; Constitution of India - Article 16 and 366(12)

Reported in : 1982(10)ELT309(All)

term, the 'Factory' has the meaning assigned to it in Section 2(m) of the factories Act, 1948'.By the Finance Act, 1979 the exclusions remained as before but the description of the Tariff Item was modified so as to read … alternative remedy by way of filing an appeal under Section 35 of the Act and a revision under Section 36. The dispute raised by the petitioner can be gone into and decided by the appellate and the revisional

State Bank of Saurashtra Vs. Income-tax Officer.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (1988)24ITD97(Ahd.)

the banking business and that is why probably a beginning was made in the Income-tax Act by the finance Act, 1979 having inserted clause (vii) to sub-sec. (1) of sec. 36 whereby certain percentage of the aggregate average of … regard to reopening u/s 147(a) of the Act it could be said that the facts stated above, even section 147(b) was also attracted. Placing reliance on in the case of Kalyanji Mavji & Co. v. CIT [1976]

Commissioner of Income-tax Vs. Achaldas Dhanraj and Sanklecha Brothers

Court : Rajasthan

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 43B; Sales Tax Act; Finance Act, 1987

Reported in : (1995)128CTR(Raj)325; [1996]217ITR799(Raj)

submission of learned counsel for the Revenue is that the amendment in Section 43B was made by the Finance Act, 1988, and was effective from April 1, 1989. The Tribunal has erred in giving retrospectivity to the said … : [1986]2SCR927 it was held by the apex court that (at page 1979) :'The courts must always seek to find out the intention of the … on or before the due date as defined in the Explanation below Clause (va) of Sub-section (1) of Section 36. Explanation.--For the removal of doubts, it is hereby declared that where a deduction in respect of any sum

Standard Chartered Bank Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (1991)39ITD57(Mum.)

place to consider the scope and effect of Clause (viia) to Section 36(1) which was first inserted by Finance Act 1979 with effect from 1 -4-80. Under Section 36(1)(vii) of the Act, any taxpayer carrying on business or profession