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The Commissioner of Income Tax Vs. Nima Specific Family Trust

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80 HH, 80-I, 90 and 260-A; Finance Act, 1980; Taxation Law Amendment Act, 1975

Reported in : 2001(2)ALLMR314; (2001)165CTR(Bom)518; [2001]248ITR29(Bom)

that the bracketed portion in section 80-HH(9) which contains the words viz., 'section 80-I or' were introduced by Finance Act, 1980 with effect from 1.4.1981. He submitted that under the same Finance Act, the Legislature also revived and brought

G. Lakshmi Narayana Vs. Income-tax Officer

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(9), 3, 4, 4(1) and 171; Finance Act, 1980 - Sections 1(2), 4, 171 and 171(9); Constitution of India - Article 226

Reported in : (1988)72CTR(AP)160; [1989]175ITR593(AP)

(1) and 171 of Income Tax Act, 1961 and Sections 1 (2), 4, 171 and 171 (9) of Finance Act, 1980 - partition of family property took place between 01.01.1979 and 31.03.1979 - refusal to accept such partition in … an Act to give effect t the financial proposals of the Central Government for the financial year 1980-81. Section 1, sub-section (2), reads as follows : '1. (2) Save as otherwise provided in this Act, sections 2 -

Commissioner of Income-tax Vs. Mico Products Pvt. Ltd.

Court : Mumbai

Subject : Direct Taxation

Acts : Finance Act, 1980; Constitution of India - Articles 14, 19(1)(8) and 226; Income Tax Act, 1961 - Sections 32, 32(1) and (2), 35, 35(1), (2), (2B), (B), B(2) and C(2)

Reported in : (1990)92BOMLR659; [1991]187ITR517(Bom)

asset.'14. Once again section 35(2)(iv) was retained in its original form.15. As a result of Finance (No. 2) Act. 1980, section 35(2)(iv) now stands amended as from April 1, 1962, to read as follows :'35. (2) For the purposes

Commissioner of Income-tax Vs. Mahindra Sintered Products Ltd.

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32, 32(1) and 35; Finance Act, 1980

Reported in : (1993)112CTR(Bom)442; [1986]161ITR692(Bom)

costs. Direct Taxation - deduction - Sections 32, 32 (1) and 35 of Income Tax Act, 1961 and Finance Act, 1980 - whether Tribunal justified in allowing assessee's claim for depreciation under Section 32 in respect of plant and

Commissioner of Gift-tax Vs. Sah Roop Narain

Court : Rajasthan

Subject : Direct Taxation

Acts : Gift Tax Act, 1958 - Sections 2 and 4(1); Finance Act, 1980

Reported in : [1988]169ITR794(Raj)

only by virtue of Clause (e) inserted in Sub-section (1) of Section 4 of the Act by the Finance Act, 1980, with effect from April 1, 1980, that such a transaction can be treated as a gift taxable under

Lohia Machines Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 2(8), 2(33), 5, 11, 28 to 43A, 43(6), 80A to 80VV, 84, 84(1), 295(1), 295(2) and 296; Finance Act, 1980 - Sections 15C, 80H, 80I, 80J, 80J(1), 80J(2), 80J(3), 84 and 84(1); Income Tax Rules, 1962 - Rule 19, 19A, 19A(2) to (4), 19A(5), 19(1), 19(1A), 19(3) and 19(6); Indian Income Tax Act, 1922 - Sections 15C(1), 15C(2), 51C and 59(1); Taxation Laws (Amendment) Ordinance, 1949; Indian Income tax (Computation of Capital of Industrial undertakings) Rules, 1949 - Rule 3 and 3(1); Business Profits Tax Act, 1947 - Sections 13; Taxation Laws (Extension to Merged States and Amendment) Act, 1949 - Sections 13, 15C, 15C(1), 15C(2), 15C(4), 15C(6) and 34(2); Finance (Amendment) Act, 1976 - Sections 29; Finance (Amendment) Act, 1967; State Financial Corporati

Reported in : AIR1985SC421; (1985)1CompLJ249(SC); (1985)44CTR(SC)328; [1985]152ITR308(SC); 1985(1)SCALE115; (1985)2SCC197; [1985]2SCR686; [1985] 1 SCR 192

41. The material provisions of S. 80J of the Income-tax Act, prior to the impugned amendment by the Finance Act, 1980, have been earlier set out. The relevant provisions of the said section provide that where the gross total … P.N. Bhagwati, J. 1. These writ petitions raise an interesting question of law relating to the interpretation of Section 80J of the

Aluminium Industries Ltd. Vs. Union of India (Uoi)

Court : Kerala

Subject : Customs

Acts : Customs Tariff Act, 1975 - Sections 2 and 3; Finance Act, 1981 - Sections 47; Customs Act, 1962 - Sections 2(11), 2(12), 2(23), 2(27), 2(28), 7, 8, 12, 14, 15, 15(1), 16, 17, 25, 25(1), 29, 30, 31, 32, 33, 34, 45, 46, 47, 48, 68, 106, 110, 111, 113 and 115; Finance Act, 1980 - Sections 4(4) and 47; Customs Act, 1886; Customs Tariff Act, 1894; Sea Customs Act, 1878 - Sections 37, 57 and 86; Customs Rules; Customs Regulations

Reported in : 1985(4)ECC1; 1985LC554(Kerala); 1999(110)ELT474(Ker)

14, 15, 17, 25, 29, 30, 31, 32, 33, 34.45, 46, 47, 48, 68, 106, 110, 111, 115; Finance Act, 1980, Section 4(4); Finance Act, 1981, Section 47; Customs Tariff Act, 1975, Section 3 ; Countervailing Duty; Notfn. Nos. 176/79-CUS., … T. Kochu Thommen, J.1. The learned Judge from whose judgment in O.P. No. 5049 of 1981 this Appeal arises, rejected the petitioner's prayer for a writ of certiorari to quash Exts. PI and P3

D.R. Industries Ltd. and anr. Vs. Union of India (Uoi) and 3 ors.

Court : Gujarat

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 11AB, 11AC, 35, 35(1), 35B(1), 35B(5), 35A(4A) and 35E(3); Excise Act, 1980; Finance Act, 1980; Finance Act, 2001; Limitation Act, 1963 - Sections 4 to 24 and 29(2); Finance Act, 2007; Central Excise Rules, 1944 - Rule 173Q(1); Andhra Pradesh Administrative Tribunal (Procedure) Rules, 1989 - Rule 17 and 17(2); Constitution of India - Articles 14 and 226

Reported in : 2008(127)ECC61; 2008(153)LC61(Gujarat); 2008(229)ELT24(Guj)

the date of communication of the order without any reference either way regarding power to condone delay. By Finance Act, 1980, the Parliament accepted the public demand for setting up of an independent Appellate Tribunal for Customs and Central … M.S. Shah, J.1. All these petitions challenge the constitutional validity of the proviso to Sub-section (1) of Section 35 of the Central Excise Act, 1944 ('the Act' for short) in so far as it provides that

Commissioner of Income Tax Vs. N. C. John and Sons Ltd.

Court : Kerala

Subject : Direct Taxation

Reported in : (1996)135CTR(Ker)319

his business, inserted by Finance Act, 1978 w.e.f. 1st April 1978, but to stand deleted w.e.f. 1st April, 1980 by Finance Act, 1979 (where such expenditure is incurred before the 1st day of April, 1978);(ii) obtaining information … 1973. Provided that in respect of the expenditure incurred after the 28th day of February, 1973 inserted by Finance Act, 1978 w.e.f. 1st April, 1978 (but before the 1st day of April, 1978) by a domestic company, being … to in cl. (b), he shall, subject to the provisions of this section, be allowed a deduction of a sum equal to one and one-third … with regard to the deduction under s. 35B of the IT Act, 1961 is common, whereas in IT Ref. Nos. 227 and 228 additionally three

Controller of Estate Duty Vs. Sir Hirji Jehangir and Lady Hirabai C. J ...

Court : Mumbai

Subject : Direct Taxation

Acts : Estate Duty Act, 1953 - Sections 5, 6, 7, 7(1), 7(4) and 10

Reported in : [1992]195ITR496(Bom)

Aloke Mitra : [1980]126ITR599(SC) , Shri Dastur pointed out, held that, under Sections 1 and 2 of the Finance Act, 1894 (which are similar, if not identical, to Sections 5 and 6 of the Estate Duty Act), the … the accountable person. The Tribunal has referred to this court the following questions of law for opinion under Section 64(1) of the Estate Duty Act, 1953 :R. A. No. 1246/(Bom) of 1975-76. At the instance of the