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Grasim Industries Ltd. Vs. Assistant Commissioner of Income-tax and or ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 30 to 43A, 80AA, 80AB, 80B(5) and 80HH; Finance (No. 2) Act, 1980

Reported in : (2000)163CTR(Bom)486; [2000]245ITR677(Bom)

ruling of the Supreme Court in the case of Cloth Traders (P.) Ltd.'s case : [1979]118ITR243(SC) , the Finance Act made a saving provision in Section 44 to provide that the new Section 80AA will not apply to

M/S.Malaysian Airlines. M/S.Saudi Arabian Airlines. and ors Vs. the Un ...

Court : Mumbai

Subject : Service Tax

Acts : Constitution Of India - Article 226

under Article 226 of the Constitution of India are challenging imposition of penalty under section 38(3) of the Finance Act, 1979 ("Finance Act" or "Act" for short) for delay in payment of Foreign Travel Tax ("FTT" for short) to … called the Finance Act, 1979.(2) Save as otherwise provided in this Act, sections 2 to 27 and sections 44, 45 and 46 shall be deemed to have come into force on the 1st day of April, 1979.34.

Commissioner of Income Tax Vs. Zam Zam Tanners

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961- Sections 2(24), 17, 28, 41, 44, 45, 59, 80HHC, 139(1), 139(3), 143(1A), 143, 144, 147, 160(1), 256(2), 271, 271(1) and 280D; ;Taxation Laws (Amendment) Act, 1975; ;Finance Act, 2002 - Sections 271(1); ;Finance Act, 1993 - Sections 143(1A); ;Constitution of India - Article 141

Reported in : (2005)197CTR(All)221; [2005]279ITR197(All)

have been concealed or inaccurate particulars have been furnished.'Section 271(1)(c) of the Act has been further amended by Finance Act, 2002, by which Clause (iii) and Expln. 4 has been modified. After the amendment section reads as follows … of insurance carried on by a mutual insurance company or by a co-operative society, computed in accordance with Section 44 or any surplus taken to be such profits and gains by virtue of provisions contained in the First

Shree Jagannath Packers and ors. Vs. State of Orissa and ors.

Court : Orissa

Subject : CivilSales Tax

Acts : Orissa Sales Tax Act, 1947 - Sections 6, 7 and 12; Central Sales Tax Act, 1956 - Sections 8(5) and 13(3); State Financial Corporation Act, 1951 - Sections 29; Orissa General Clauses Act, 1937 - Sections 22; Punjab General Clauses Act, 1898 - Sections 19; Bihar Finance Act - Sections 7; Customs Act, 1962 - Sections 25 and 25(1); Electricity Supply Act - Sections 49; Rajasthan Sales Tax Act, 1954 - Sections 4(2); East Punjab Public Safety Act - Sections 20 and 36(1); General Clauses Act, 1897 - Sections 21; Central Sales Tax (Deferment of Payment of Taxes) Orissa Rules, 1990; Constitution of India - Articles 14, 154(1), 154(2), 161, 162 and 166(3)

Reported in : [2005]141STC26(Orissa)

718, Motilal Padampat Sugar Mills Co. Ltd. v. State of Uttar Pradesh [1979] 44 STC 42 ; AIR 1979 SC 621, Union of India v. Godfrey Philips India Ltd. AIR 1986 SC 806, Pournami Oil Mills v. … that a notification issued by the State Government in exercise of powers under Section 7 of the Bihar Finance Act to the extent it is repugnant to the Industrial Policy Resolution of the Government of Bihar is bad.

Commissioner of Income-tax Vs. National Insurance Co. Ltd.

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 44, 80AA and 80M; ;Insurance Act, 1938

Reported in : (1986)54CTR(Cal)172,[1986]159ITR314(Cal)

treating its entire income as income from business cannot be imported into the calculation of tax under the Finance Act. Merely because the income of a general insurance company has to be computed in a particular manner, it … justified in holding that the assessee company which carried on business in general insurance and was assessable under Section 44 of the Income-tax Act, 1961, was entitled to relief under Section 80M ? 2. Whether, on the facts

Commissioner of Income Tax Delhi-Xi and Another Vs. Indian National Co ...

Court : Delhi

Subject : Direct Taxation

are income from house property, income from other sources and capital gains (the latter having been inserted by Finance Act, 2003 with retrospective effect from 1st April 1979). Apart from the above three, there is also mentioned any … 13A of the Act was introduced by the Taxation Laws (Amendment) Act, 1978 with effect from 1st April 1979. Section 13A as it stood during the period relevant to the AY in question reads thus: "13A. Special provision … partly allowed and the Revenue s appeal was dismissed. Orders on remand 44. Initially when these appeals were heard on 3rd January 2002, certain questions

Commissioner of Income Tax, Bangalore Vs. J.H. Gotla, Yadagiri

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Indian Income Tax Act, 1922 - Sections 2(15), 2(6-C), 3, 10, 16(1), 16(2), 16(3), 24, 24(1), 24(2), 66-A(2) and 66(1); Income Tax Act, 1961 - Sections 64 and 70 to 72; Wealth Tax Act, 1957 - Sections 4

Reported in : AIR1985SC1698; (1985)48CTR(SC)363; [1985]156ITR323(SC); (1985)4SCC343; [1985]Supp2SCR711; 1986(1)LC628(SC)

be adopted. 'Income' in Section 64 of the Act of 1961 includes loss. Furthermore Explanation 2 added by Finance Act, 1979 to Section 64 in specific terms says that 'income' would include loss. But that Explanation even on the

Parasrampuria International Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Excise

Reported in : (2003)(152)ELT142TriDel

the Central Excises and Salt Act, 1944. Undoubtedly, by reason of Sub-section (4) of Section 32 of the Finance Act, 1979 and similar provision in the other Finance Acts, Rule 8(1) would become applicable empowering the Central Government to … passed by the Commissioner of Central Excise, Indore, vide which he has confirmed the duty demand of Rs. 44,36,547/- under Section 11A of the Central Excise Act and imposed penalty of Rs. 5 lakhs on the appellants

C. Arunachalam Vs. Commissioner of Income-tax, Karnataka, Bangalore

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 64, 64(1) and 263

Reported in : ILR1984KAR1387; [1985]151ITR172(KAR); [1985]151ITR172(Karn); 1986(1)KarLJ150

personal liability to income-tax by different type of arrangements. The Explanation 1 to s. 64(1) introduced by the Finance Act, 1979, also supports our view. 43. The Punjab and Haryana High Court in CIT v. Anand Sarup [1980] 121 … taken by the Andhra Pradesh High Court and the Gujarat High Court. 44. The questions of law referred by the Tribunal for the opinion of … since the present references pertain to the assessment years prior to 1975-76. 7. The relevant portion of that section is as follows : 'Section 64(1). In computing the total income of any individual, there shall be included

Commissioner of Income-tax Vs. C.R. Niranjan

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24), 4, 27(1), 64 and 271(1)

Reported in : (1990)84CTR(Mad)259; [1991]187ITR280(Mad)

provisions contained in sections 16(3)(a) and 24(2) of Indian Income-tax Act, 1922, and the Explanation added by the Finance Act, 1979, to section 64 of the Income-tax Act, 1961, the Supreme Court held as under (at p. 340) :