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Berlia Chemicals and Traders (P) Ltd. Vs. Asstt. Cit

Court : Mumbai

Subject : Direct Taxation

Reported in : (2002)76TTJ(Mumbai)974

permissible deductions. This was made clear, the court held, by the Explanation added to rule 1 by the Finance Act, 1981.6. In this connection, it was contended on behalf of the assessee in that case that rule 1(x) … Co. v. CIT : [1990]183ITR1(SC) . In that case, the Supreme Court was dealing with the provisions of section 40(b) and with Explanation 1 inserted by the Taxation Laws (Amendment) Act, 1984, in clause (b) of section 40.

Continental Construction Ltd. Vs. Commissioner of Income-tax

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10, 10(5) and (6), 17, 30, 31, 32, 33, 34, 35, 36, 36(1), 37, 38, 39, 40, 40(A), 40(C), 40A(1) and 40A(5), 80, 80-O, 80MM, 80HHB and 80HHB(5), 85C, 163, 261 and 288

Reported in : [1990]69CompCas268(Delhi); (1990)85CTR(Del)116; [1990]185ITR178(Delhi)

the Tribunal is right in holding that the assessed-company is not an 'industrial company' as defined in the Finance Act, 1982 ?' 2. At the instance of the respondent the Tribunal has referred the following question of law … the Amara project, the approval had been granted for the assessment years 1979-80 to 1982-83, as asked for by the assessed. In respect of Karkh … from the limit of Rs. 72,000 laid down in the first proviso to section 40A(5)(A) as well as section 40(c) of the Income-tax Act, 1961 ?' 3. The facts, as stated by the Tribunal, are that the assessed

Commissioner of Income-tax Vs. Kishorekumar Shamji

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 271(1)

Reported in : (2000)161CTR(Ker)225; [2000]244ITR702(Ker)

An Explanation was inserted at the end of Sub-section (1) of Section 271 by the said Finance Act (section 40 of the Finance Act, 1964). In between, by the Finance Act, 1968, the base for levy of penalty … 31, 1976, and (c) after April 1, 1976. Originally, the word 'deliberately' existed which was omitted by the Finance Act, 1964, with effect from April 1, 1964. An Explanation was inserted at the end of Sub-section (1) of … 20, 1978, on a total income of Rs. 86,740. Qn July 7, 1979, a search was conducted in the premises of the assessee under Section

Karnataka State Beverages Corpn. Ltd. Vs. Commissioner of Income-tax

Court : Karnataka

Subject : Direct Taxation

as Section 40(a)(iib) is concerned, the learned counsel would submit that the said sub-clause was inserted by the Finance Act, 2013 with effect from 1.4.2014 and the said section specifically disallows any amount paid by way of privilege

Mithila Properties, Publication Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Subject : Land Acquisition

Reported in : (1997)63ITD113(Pat.)

Wealth-tax (A/c) in first appeal that the assessee is liable to wealth-tax as per section 40(3)(vi) of the Finance Act, 1983 in respect of the value of the immovable property which are godowns let out to Food Corporation … to 1986-87. The assessee owns godowns which have been let out to FCI and TDC since the year 1979-80. The rental income from such godowns is being assessed by the revenue authorities as income from house property

Commissioner of Income-tax Vs. Forbes, Ewart and Figgis (P.) Ltd. and ...

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 30 to 37, 40 and 40A(5)

Reported in : [1982]138ITR1(Ker)

is identical with question No. 1 in I.T.R. No. 44 of 1979.4. Section 40(a)(v) was omitted by the Finance Act of 1971, with effect from April 1, 1972. Section 40A(5), which substantially covers the same subject-matter, came into

Motisagar Estate (P.) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Pune

Subject : Direct Taxation

Reported in : (1993)47ITD72(Pune.)

and purport of the Act.26. The Supreme Court has considered the scope of Explanation 2 inserted by the Finance Act, 1979 in Section 64(2) in the case of P.Doraiswamy Chetty (supra) and held at page 160 Head Notes that … Co. [1992] 198 ITR (AT) 25 (Mad.). The Taxation Laws (Amendment) Act, 1984 added Explanation 2 to Section 40(b) with effect from 1-4-1985 by which the Parliament has recognised the representative capacity of a partner and has

Schradar-scovtll Duncan Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (1986)16ITD18(Mum.)

has invited our attention to the background in which Sub-section (5) was introduced in Section 37 by the Finance Act, 1983, with effect from 1-4-1979. It is pointed out that the Madras High Court in the case of … not deciding the ground preferred by the appellant in regard to the disallowance of Rs. 85,501 under Section 40(c)(i) and (ii) of the Income-tax Act, being ground No. 2 of the appeal.The ground has not been considered

Carlsberg India Private Limited and Others Vs. Union of India and Othe ...

Court : Delhi

Subject : Service Tax

filed under Article 226 of the Constitution of India challenging the constitutional validity of Section 66B of the Finance Act, 1994 ( FA 1994 ) read with 65B(40) and Section 66D of the FA 1994as amended by Clause

Commissioner of Income-tax Vs. New India Industries Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 6, 9, 10, 12, 14, 17, 17(1), 17(3), 22, 28, 30, 31, 32, 32(1), 33, 34, 35, 36, 36(1), 37, 37(1), 38, 38(2), 39, 40, 41(1) and 80J

Reported in : (1992)106CTR(Guj)374; [1993]201ITR208(Guj)

two statutory provisions. Section 40(c)(iii) being relevant for the assessment year 1968-69 which was originally introduced by the finance Act, 1963, is as under : '40. Amounts not deductible. - Notwithstanding anything to the contrary in sections 30