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Jit and Pal X-rays (P) Ltd. Vs. Commissioner of Income Tax

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4; Finance Act, 1979 - Sections 2(7)

Reported in : (2004)186CTR(All)541; [2004]267ITR370(All)

the facts and circumstances of the case, the assessee is an 'industrial company' under Section 2(7) of the Finance Act, 1979 ?'2. Heard learned counsel for the parties.The relevant asst. yr, is 1979-80. The assessee is a private limited

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)

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. … 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.

Commissioner of Income-tax Vs. O.G. Textiles (P.) Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28

Reported in : [2000]245ITR820(Mad)

such, the activity of the assessee would amount to 'processing' attracting the provision of section 2(7)(c) of the Finance Act, 1979. Section 2(7)(c) of the Finance Act, 1979, makes a distinction between the manufacture and the processing of the goods.

Anjali Hotels Private Ltd. Vs. Commissioner of Income-tax

Court : Kerala

Subject : Direct Taxation

Acts : Finance Act, 1979 - Sections 2(7)

Reported in : (1988)69CTR(Ker)183; [1988]170ITR419(Ker)

He levied income-tax at the rate of 65% under Paragraph E, Clause 2(ii) of theFirst Schedule to the Finance Act, 1979. The plea of the petitioner that they could be taxed only at the lower rate of 55% under … at the lower rate of 55% under Paragraph E, Clause 2(i)(a) as an industrial company as defined in Section 2(7)(c) of the said Finance Act, was negatived. The Commissioner of Income-tax (Appeals), as also the Income-tax Appellate

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 … in A. Habeebur Rahman & Sons v. Fifth ITO [1984] 10 ITD 703. He, therefore, submitted that the provisions of Section 37(3) and rule 6B

Commissioner of Income-tax Vs. Bhagat Construction Co.

Court : Delhi

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 32A, 154 and 256(1); Finance Act, 1979 - Sections 2(7)

Reported in : (2001)171CTR(Del)648; [2002]253ITR177(Delhi); [2001]119TAXMAN375(Delhi)

is justified in holding that the assessed-company is an industrial company as defined in Section 2(7)(c) of the Finance Act, 1979, and if so whether the assessed-company is entitled to a concessional rate of tax ? 2. Whether, on

Commissioner of Income-tax Vs. Rajmohan Cashews (i.) Ltd.

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 256; Finance Act, 1979 - Sections 2(7)

Reported in : [1995]211ITR659(Ker)

the assessee is entitled to the benefit as an industrial company as defined under Section 2(7)(c) of the Finance Act, 1979, which corresponds to Section 2(6)(c) of the earlier Finance Act. The contention of Sri P.K. Ravindranatha Menon, senior

The Indian Hotels Company Ltd. and Others Vs. the Income Tax Officer, ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80J(1), 80J(4), 80J(6), 32A, 33 and 256(2); Finance Act, 1979 - Sections 2(7); Central Sales Tax Act, 1956; Finance Act, 1968 - Sections 2(6); Finance Act, 1973 - Sections 2(7); Constitution of India - Article 139A

Reported in : AIR2000SC2645; [2000]245ITR538(SC); JT2000(9)SC139; 2000(5)SCALE475; (2000)7SCC39; [2000]Supp2SCR261

an article or thing specified in the list in the Eleventh Schedule. (Emphasis supplied)9, Chapter II of the Finance Act, 1979 provides for rates of income tax. Relevant part dealing with the Company is as under:2(7) For the purposes … Flight Kitchen of the appellant was engaged in the manufacture or production of articles within the meaning of Section 80J(4)(iii) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') and it was not part

Saketh India Limited Vs. Union of India and ors

Court : Delhi

Subject : Commercial

Acts : Telegraph Act - Sections 7-B; Constitution of India - Article 226; Finance Act, 1979

Reported in : 96(2002)DLT184; 2001(60)DRJ700; 2002(82)ECC61; 2002(139)ELT267(Del)

for the settlement under section 245C was still pending before the Commission when the amendment made to the Finance Act of 1979 came into effect and the said amendment being procedural, it would govern the pending proceedings and … 3042 lakhs and out of the committed value of export, the petitioner has made exports of only Rs. 73.02 lakhs. On account of this view and on account of the findings of the Additional Director General of

Dhanvantari Botanicals Pvt. Ltd. Vs. State of Karnataka and ors.

Court : Karnataka

Subject : Sales Tax

Acts : Bihar Finance Act - Sections 7 and 7(3); Karnataka Tax on Entry of Goods Act, 1979 - Sections 11A

Reported in : (2007)10VST33(Karn)

the issuance of notification by the State Government in exercise of power under Section 7 of the Bihar Finance Act, it is true that issuance of such notifications entitles the industrial units to avail of the incentives and … is in exercise of the powers conferred under Section 11-A of the Karnataka Tax on Entry of Goods Act 1979. The same entitles the industrial units to avail of the incentives and benefits declared by the State Government