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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 … in question is a unilateral act and as such, it is not a transfer within the meaning of Section 2(xxiv) of the Gift-tax Act, 1958 ? (ii) Whether, on the facts and in the circumstances of the case,

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

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., … levied under the Customs Act are specified in the 1st and 2nd Schedules of the Tariff Act (See Section 2 of the Tariff Act). Section 3 of the Tariff Act charges additional duty on articles imported into India.

M.C. Thakur Vs. Extrusion Processors Pvt. Ltd.

Court : Mumbai

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 2 and 4; Central Excise Tariff Act, 1985

Reported in : 1991LC18(Bombay); 1991(54)ELT16(Bom)

Item No. 27 in the First Schedule to the Central Excises and Salt Act, 1944 made by the Finance Act, 1980 and also Tariff Item 8313.11 in Schedule to the Central Excise Tariff Act, 1985 to the extent to … Writ Petition No. 1539 of 1981. By the impugned judgment, the learned Judge declared that the amendments to Section 2(f) and to Tariff Item No. 27 in the First Schedule to the Central Excises and Salt Act, 1944

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 … had claimed that there was a partial partition of the family and had requested for an order under section 171 of the Act also. it is to be noticed that the partial partitions in all these cases

Unit Trust of India, Mumbai and anr. Vs. P.K. Unny and ors.

Court : Mumbai

Subject : Direct Taxation

Acts : Interest Tax Act, 1974 - Sections 2, 2(5), 2(7), 3(1), 3(1C), 3(2), 4, 4(1), 4(2), 5, 6, 6(2), 7, 9, 9(1), 10, 10A, 18, 21, 26C, 28 and 119; Income-tax Act, 1961 - Sections 2(7A), 2(24), 2(28A), 2(45), 4, 5, 5A, 14, 15, 16, 24, 40, 43D, 44, 44AD, 44D, 115J, 116, 119 and 147; Companies Act, 1956 - Sections 4A; Finance Act, 1991; State Financial Corporations Act; Finance Act, 1988; Hotel Receipts Tax Act, 1980; Finance Act, 1980; Unit Trust of India Act, 1963 - Sections 9(2),19(1)(3), 19(3), 21, 22 to 25B, 25B(1) and 25B(2), 32, 32(1) and 52; Direct Tax Laws (Amendment) Act, 1987; Finance Act, 2000; Unite Trust of India (Amendment) Act, 1966 - Sections 2(1); Wealth Tax Act, 1957; Super Profit-tax Act, 1963; Companies (Profit) Surtax Act, 1964; Rent Control Act; Public Premises

Reported in : 2001(3)BomCR673; 2002(1)MhLj301

empowered to specify any other Institution, as it may think fit, to be a public Financial Institution. The Finance Act (No. 2) of 1991 came into force on and from 1st October 1991. Therefore, upto 1st October, 1991 … UTI and LIC. On 24/7/1991, Finance (No. 2) Bill was introduced in the Parliament. Under the said Bill, Section 2 of the Interest Tax Act, 1974 came to be amended. Clause 5A was inserted. It defined Credit Institution … that the provisions of the Interest Tax Act were similar to the provisions of the Hotel Receipts Tax Act, 1980. He relied upon the Judgment of the Supreme Court reported in : [1989]178ITR140(SC) in support of his contention

Tata Tea Ltd. and anr. Vs. State of West Bengal and ors.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Constitution of India - Articles 245, 246, 246(1), 246(3), 366 and 366(1)

Reported in : AIR1988SC1435; (1988)70CTR(SC)99; [1988]173ITR18(SC); JT1988(2)SC299; 1988(1)SCALE867; 1988(Supp)SCC316; [1988]3SCR961

It is submitted in the petition that, from the speech of the Finance Minister at the time of introducing the Bill for carrying out the … challenge therein is to the constitutional validity of Sections 3 & 5 of the Begal Agricultural Income-tax (Amendment) Act, 1980. The Bengal Agricultural Income-tax Act, 1944 provides for the levy and collection of agricultural income-tax in the then … Act, 1944 enacted by the Provincial Legislature of Bengal defined agricultural income in identical terms as contained in Section 2(1) of the Act of 1922. the Bengal Agricultural Income-tax Act further provided by Sub-section (2) of Section 8

South Indian Bank Ltd. Vs. Commissioner of Income-tax

Court : Kerala

Subject : Direct Taxation

Acts : Finance Act, 1985; Income Tax Act, 1961 - Sections 36, 36(1) and 36(2)

Reported in : (2003)183CTR(Ker)21; [2003]262ITR579(Ker)

36(1) and Clause (v) of Section 36(2) were inserted simultaneously with effect from April 1, 1985, by the Finance Act, 1985. Clause (viia) of Section 36(1) of the Act, it must be noted, was inserted by Act 21 … the Act, it must be noted, was inserted by Act 21 of 1979 with effect from April 1, 1980, and first substituted by Act 32 of 1985 with effect from April 1, 1985, and later by Act

Commissioner of Income-tax Vs. Ramdeo Samadhi

Court : Rajasthan

Subject : Direct Taxation

Acts : Income Tax Act - Sections 2(24) and 256(1); Finance Act, 1972; Finance Act, 1980

Reported in : (1986)50CTR(Raj)61; [1986]160ITR179(Raj); 1985(2)WLN161

1972, with effect from April 1, 1973, and Sub-clauses (iva) and(ix) were inserted by the Finance (No. 2) Act, 1980, with effect from April 1, 1980, and by the Finance Act, 1972, with effect from April 1, 1972, … types have been enumerated. It may be stated that Sub-clause (ii)(a) in Section 2(24) was inserted by the Finance Act, 1972, with effect from April 1, 1973, and Sub-clauses (iva) and(ix) were inserted by the Finance (No. 2)

Test Claimants in the Franked Investment Income Group Litigation Vs. C ...

Court : UK Supreme Court

Subject : Land Acquisition

such cases: para 260. It was not open to the Revenue to rely on section 320 of the Finance Act 2004 ("Section 320 FA 2004") or section 107 of the Finance Act 2007 ("Section 107 FA 2007") to … mistake claims, as these provisions purported to curtail the extended limitation period under section 32(1)(c) of the Limitation Act 1980 without notice and without providing any transitional arrangements to protect the right under Community law. But the test … "If [the respondent charities] seek to bring the case, for the purposes of the defence of limitation, within section 2 of the [Limitation Act 1939] and to rely upon the reasoning in In Re Blake [1932] 1 Ch