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Prakash S/O Timaji Dhanjode Vs. Income Tax Officer

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act - Sections 2(7), 22 to 27, 32, 45, 54, 54F, 54F(1), 54F(4), 139(2), 156, 221 and 271(1); Finance Act, 1982; Transfer of Property Act - Sections 6

Reported in : (2008)220CTR(Bom)249; [2009]312ITR40(Bom)

Therefore, all these concepts are inter-linked. The scheme and purpose of Section 54F, which was inserted by the Finance Act, 1982 with effect from 01.04.1983 i.e. from the Assessment Year 1983-84 is with a view to encourage house construction. … has challenged the recovery proceedings initiated under Section 156 of the IT Act read with penalty under Section 271(1)(a) and basically denied the tax liability of Timaji (deceased). This Court by order dated 07.10.2002 admitted the matter

G.V.S. Raju Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (1984)7ITD795(Mad.)

though not capital assets in terms of Section 2(14)(iii) of the Act and as per provisions of the Finance Act, 1979, agricultural income should be aggregated with the non-agricultural income for the purpose of levying tax on non-agricultural … arises directly or indirectly-(i) to (iii) ** ** ** (iv) subject to the provisions of Clause (i) of Section 27, in a case not falling under Clause (i) of this Sub-section, to the spouse of such individual from

Chairman, Cbec and ors. Vs. Davangere Cotton Mills

Court : Karnataka

Subject : Excise

Acts : Central Excise Rules - Rule 173-I; Central Excise Act - Sections 11, 11A and A(1)

Reported in : 1996(63)LC244(Karnataka); ILR1995KAR2690; 1995(5)KarLJ277

49 of Central Excise Rule s, 1944 (hereinafter referred to as 'the Rule s') and Section 51 of Finance Act, 1982 was challenged. The petition was heard by the Division Bench and by judgment reported in Davangere Cotton Mills

Collector of Central Excise Vs. Mihir Textiles Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Excise

Reported in : (1990)(30)LC491Tri(Mum.)bai

the purview of Sec. 11A of the Central Excises and Salt Act, 1944 and Sec. 51 of the Finance Act, 1982 cannot over-ride the provisions of Sec. 11A of the Central Excises and Salt Act. The Supreme Court, while … to have been issued under Sec. 51(2)(d) of the Finance Act, 1982, were so issued under the aforesaid Section of the Finance Act and if so, they are not valid notices and the demands covered by these … before this Bench in Mafatlal Industries and Others, Order No. 1187-1214/89WRB dated 27-12-1989, the Learned Senior Counsel Shri S.I. Nanavati, took the same argument that

T.R. Ganapathy Chettiar Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (1999)240ITR33(Mad.)

history would be necessary to keep the matter in the right perspective.The development rebate was introduced by the Finance Act, 1955. In the Budget Speech ([1955] 27 ITR (St.) 42), the Finance Minister referred to the recommendation of … of Rs. 40,244 for this year. For the assessment year 1980-81, the assessment was made on April 15, 1982, determining the total income at Rs. 64,925 after setting off business loss and investment allowance of Rs. 1,12,843.3. … 1. These appeals are directed against the rectification made under section 155(4A) of the Income-tax Act, 1961, for the purpose of withdrawing the

T. R. Ganapathy Chettiar Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (1999)70ITD127(Mad.)

history would be necessary to keep the matter in the right perspective.The development rebate was introduced by the Finance Act, 1955. In the Budget Speech (27 ITR St. 42), the Finance Minister referred to the recommendation of the … of Rs. 40,244 for this year. For the asst. yr. 1980-81, the assessment was made on 15th April, 1982, determining the total income at Rs. 64,925 after setting off business loss and investment allowance of Rs. 1,12,843.3. … to a transfer within the expression "sold or otherwise transferred" in that section and since all other conditions had been fulfilled the investment allowance granted

Wealth-tax Officer Vs. Niranjan Narottam (individual)

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (1985)14ITD27(Ahd.)

department pointed out that the question at issue was whether Section 7(4) inserted by Section 27(3)(b) of the Finance Act, 1976, is effective prospectively from the assessment year 1976-77 onwards or is applicable retrospectively for an earlier year

Sri Parimal and anr. Vs. State and ors.

Court : Patna

Subject : Civil

Statutory Interpretation by G.P. Singh, 4th Edition page 352-253).19. It is thus obvious that Part II of the Finance Act, 1982 is a comprehensive Code by itself. Where by reason of insertion a complete Code is included by repealing … of any violation of the provisions of the Finance Act, the Commercial Taxes authorities were duly empowered under Section 77(a) of the Finance Act to take a suitable action. But, the District Magistrate had no jurisdiction to … be in pursuance of a decision taken in a meeting held on 27.7.1991, minutes whereof is contained in Annexure-4. Therefore, in view of such illegal

Kirloskar Pneumatic Co. Ltd. Vs. Collector of Central Excise and

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Land Acquisition

Reported in : (1992)(58)ELT212Tri(Mum.)bai

be applicable in respect of goods warehoused prior to 13-5-1983. He also contended that Section 50 of the Finance Act, 1983, under which the amendment of Section 61 has been carried out is not retrospective in operation and … necessary because of the following reason. The admitted facts are that the goods were warehoused in the year 1982 prior to the amendment of Section 61 of the Customs Act. The appellants have executed a bond undertaking … be disposed of by this common order.2. The appellants warehoused consignments on 27-3-1982 and 16-4-1982.The period of warehousing was extended from time to time and

Jones (Respondent) Vs. Garnett (Her Majesty's Inspector of Taxes) (App ...

Court : House of Lords

Subject : Land Acquisition

this case only became of practical importance when separate taxation of husband and wife was introduced by the Finance Act 1989. That did not mean, however, that Parliament was necessarily willing to allow one spouse to reduce his … a savings account. They then arranged for the company to acquire the lease and undertake the development. By 1982 the development was complete. In 1985 the company made a profit and paid the children a dividend. The … from the section and the income is taxed as the wife's income. 27. Does this apply equally to the transfer to Mrs Jones of her … settlor has no interest. (2) Subject to the following provisions of this section, a settlor shall be regarded as having an interest in property if