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Commissioner of Income-tax Vs. Navabharat Enterprises (P.) Ltd.

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act 1961 - Sections 6, 28, 29, 30, 31, 32, 33, 33A, 34, 35, 35B, 35B(1), 36, 37, 37(1), 37(2), 37(2A), 37(2B), 37(4), 38, 39, 40, 41, 42, 43A, 260 and 260(1)

Reported in : (1987)62CTR(AP)189; [1988]170ITR332(AP)

deliberate legislative amendments restricted and curbed their claim for allowance. The initial step was section 6 of the Finance Act of 1961 which came into effect from April 1, 1962, by which the scope of the proviso to … it was again reintroduced by further amendment with effect from April 1, 1979, through the Taxation Laws (Amendment) Act, 1978. The later amendments are not … foreign delegation members in order to entertain them in an appropriate and befitting manner is not disallowable under section 37(2B) of the Income-tax Act, 1961, though it may be for purposes of business (2) Whether, on the facts

Ethnor Ltd. Vs. Cit

Court : Mumbai

Subject : Direct Taxation

Reported in : [2003]126TAXMAN408(Bom)

as may be prescribed.17. Sub-sections (3A) to (3D) were introduced to section 37 of the Act by the Finance Act, 1978 with effect from 1-4-1979 and are accordingly applicable to assessment years 1979-80 and 1980-81. Sub-section (3A) provides

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

income-tax Officer Vs. Maddi Satyanarayana and Co. (P.)

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (1984)8ITD249(Hyd.)

was not correct in view of the third proviso to Sub-section (4) of Section 80J introduced by the Finance Act, 1979, with effect from 1-4-1979.According to the said sub-section, the conditions to be fulfilled by an industrial undertaking to … ITO to allow the expenditure as claimed by the assessee fully.3. Explanation 2 to proviso (b) under Section 37(2A) of the Income-tax Act, 1961 ('the Act') was inserted by the Finance Act, 1983, with retrospective effect from

Mangalam Cement Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Jaipur

Subject : Land Acquisition

Reported in : (1992)43ITD292(JP.)

to advertisement, publicity or sales promotion in terms of Section 37(3AJ as operative before its omission by the Finance Act, 1985 with effect from 1-4-1986. On the other hand Shri S.K. Kundra, the learned Departmental Representative strongly supported

Commissioner of Income-tax Vs. Central India Builders

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 37(2A) and 37(2B); Finance Act, 1983

Reported in : [1985]156ITR453(Guj)

(2B) of Section 37 of the Income-tax Act. It should be recalled that by Section 10 of the Finance Act, 1970 (19 of 1970), the aforesaid Sub-section (2B) was, inter alia, added with effect from April 1, 1970, … effect from April 1, 1976. A new provision numbered as Sub-section (2B) was again inserted w.e.f. April 1, 1979, by the Taxation Laws (Amendment) Act, 1978. The combined effect of this amendment, and particularly the addition of

income-tax Officer Vs. Pratappur Sugar and Industries

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (1985)13ITD753(Kol.)

In other words, the position would be the same as if this amendment had been made by the Finance Act, 1979, which would have received the President's assent sometime in March 1979. Clause (c) of Section 17 of the … by the department, there is a mistake apparent on record inasmuch as the provision of Sub-section (5) of Section 37 of the Income-tax Act, 1961 ('the Act') concerning the guest-house expenses have not been considered while disposing of

Commissioner of Income-tax Vs. Alleppey Co. Ltd.

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 35B, 35B(1), 37(2) and 37(2A); Finance Act, 1983

Reported in : (1994)116CTR(Ker)15; [1994]207ITR598(Ker)

to bear in mind Section 37(2A) and also the newly inserted Explanation 2 to Section 37(2A) by the Finance Act of 1983 with retrospective effect from April 1, 1976 (by way of amendment). Explanation 2 aforesaid which had

Bharat Match Works, Vanaramurthi and ors. Vs. Union of India and ors.

Court : Chennai

Subject : Excise

Acts : Central Excise Rules, 1944 - Rule 8; Central Excise Act, 1944 - Sections 37

Reported in : 1984(16)ELT3(Mad)

these cases are manufacturers of matches and they have challenged the Constitutional validity of S. 52 of the Finance Act of 1982, and the conditions imposed in Notification No. 22/82 [GSR 77(E)/82], dated 23-2-1982, on the ground of … the oral application for leave is rejected. Excise - ceiling - Rule 8 of Central Excise Rules, 1944, Section 37 of Central Excise Act, 1944 and Articles 14 and 19 (1) (g) of Constitution of India - notification … the basis of the past production, the adoption of the production during 1979-80 as the base year for determining the eligibility for availing of the

Gujarat Alkalies and Chemicals Ltd. Vs. Deputy Commissioner of Income ...

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2002)82ITD135(Ahd.)

i.e.., 1st April, 1999. According to the learned counsel, the legislative intention in introducing Section 35AB by the Finance Act, 1985, w,e.f. 1st April, 1986, and thereafter substituting the same by a new provisions allowing depreciation on the … allowed in full since the expenditure incurred on payment of technical know-how fees represents allowable business expenditure under Section 37(1). The technical know-how fees paid during the year related to various projects as under: However, during the course