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Smith (inspector of Taxes) Vs. Schofield.

Court : Kolkata

Subject : Direct Taxation

Reported in : [1994]209ITR572(Cal)

to capital gains tax for the year 1986-87 on the basis that the indexation allowance introduced by the Finance Act, 1982 was to be deducted from the whole of the amount of the gain accruing to the taxpayer between … the amount of chargeable gains accruing on the disposal of assets owned on 6 April 1965) shall have effect.'Section 29, so far as material, provides by sub-section (1) that 'the amount of a loss accruing on a disposal

Dharmodayam Company Vs. Union of India (Uoi)

Court : Kerala

Subject : Civil

Acts : Kerala Chitties Act, 1975 - Sections 2(4), 3, 3(1), 3(2), 4, 4(1), 5, 6, 6(3), 11, 12, 13, 14, 15, 17, 18, 19, 21, 22, 23, 24, 25, 26, 29, 34, 35, 39, 40, 42, 43, 55, 56, 59, 60, 67, 72, 89 and 220; Kerala Finance Act, 2002; Chit Funds Act, 1982 - Sections 1(3), 2, 4(1), 7(3), 8, 9(1), 20 and 90; Constitution of India - Articles 14, 19(1), 226, 245 to 255; Companies Act; Finance Act, 2002 - Sections 3(5) and 4; Kerala Chittis (Amendment) Act, 2002

Reported in : AIR2005Ker253; [2005]126CompCas586(Ker); 2005(3)KLT332

constitutional validity of Sub-section 1(a) to Section 4 of the Kerala Chitties Act, 1975 introduced by the Kerala Finance Act, 2002 (Act 7 of 2002) with effect from 1.4.2002 as beyond the legislative competence of the State Legislature … be read in isolation. The same has to be read along with Section 1(3) of the Chit Funds Act, 1982. Section 1(3) of the Act states that the Chit Funds Act, 1982 shall come into force on such date … to a defaulting subscriber has to be dealt with. Sections 26 to 29 deal with the signing of minutes, providing security etc. by prized subscribers.

Yenpeyees Rubber (P.) Ltd. Vs. First Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (1983)5ITD605(Mad.)

way of such a deduction. This aspect was very much under the consideration of the Government as the Finance Minister's budget speech of 1967-68 shows : (c) It has often been represented that our present tax-holiday concession … In the case of Rqju Consultants [IT Appeal No. 242 (Mad.) of 1982, dated October 1982] it was held that in computing the allowance under … from the industrial undertaking'. This is obviously different from 'the income from the business' to be computed under Section 29 of the Act after making other deductions. When the Supreme Court has stated that even the usage of

Sri Madhusudan Mills Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Land Acquisition

Reported in : (1993)LC218Tri(Delhi)

and 49, ibid, with retrospective effect vide Notification No. GSR-74(E) dated 20-2-1982 read with Section 51 of the Finance Act, 1982. These amendments make it clear beyond doubt that duty is leviable on the goods consumed or utilised within … AIR 1970 SC 951, p. 957; Bolani Ores Ltd. v. State of Orissa, AIR 1975 SC 17, p. 29; Mahindra and Mahindra Ltd. v. Union of India, AIR 1979 SC 798, pp. 810, 811]. The result is

State of Kerala and ors. Vs. Ms. Mar Appraem Kuri Co.Ltd. and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Article 254(1); Kerala Chitties Act 23 of 1975 - Section 15; Central Chit Funds Act 40 of 1982 - Article 254(1), Section 1(3), 85(a), 90(2); The U.P. Civil Laws (Reforms and Amendment) Act 57 of 1976 ; Code of Civil Procedure (Amendment) Act 104 of 1976 ; Central Act - Section 20; General Clauses Act, 1897 - Section 6 ; Orissa Mining Areas Development Fund Act, 1952

Because of this, investor protection became difficult. Consequently, Section 4 of the said 1975 Act was amended vide Finance Act 7 of 2002. By the said amendment, sub-section (1a) was inserted in Section 4. This amendment intended to … vires of Section 4(1a) of the 1975 Act as repugnant under Article 254(1) to the Central Chit Funds Act, 1982. Questions to be answered7. Whether making of the law or its commencement brings about repugnancy or inconsistency as … to enact Section 4(1a) vide Finance Act No. 7 of 2002 on 29.07.2002, save and except under Article 254(2) of the Constitution. Thus, Section 4(1a)

Collector of Central Excise Vs. Indian Petrochemicals

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Land Acquisition

Reported in : (1991)(31)ECC326

following characteristics : 6. Item 7, CET, relating to 'Kerosene', as it stood prior, and subsequent, to the Finance Act, 1982, read as follows :- "Kerosene, that is to say, any mineral oil (excluding mineral colza oil and turpentine … Council's judgment in Vacuum Oil Co. v. Secretary of State and para 29 of the Tribunal's order in Srinivasa Metal Industries v. C.C.E., Guntur 1987 … to from 28-2-1982 and why the amount of duty short levied should not be recovered from them under Section 11A of the Central Excises & Salt Act, 1944. The respondents were allowed to avail themselves of the

Mangalore Chemicals and Fertilizers Ltd. and ors. Vs. Assistant Collec ...

Court : Karnataka

Subject : Excise

Acts : Finance Act - Sections 4 and 47; Central Excise Rules, 1944 - Rules 8, 8(1), 52A, 56A and 173G(2); Central Excise Act, 1944 - Sections 4, 4(1) and 4(4)

Reported in : 1986(8)ECC6; 1985(5)LC2554(Karnataka); 1986(23)ELT48(Kar)

who by his Order No. C. No. V/14H/18/26-80 B5, dated 22-5-1980 (Exhibit C) rejected the same. 8.1. The Finance Act, 1982, (Central Act No. 14 of 1982) by Section 47 has inserted an Explanation to Section 4(4)(d)(ii) of the … destroying the concept of assessable value for giving effect to the charge of excise duty under the Act. 29. In determining the 'value' or the 'assessable value' under Section 4 of the Act, the first part of

Davangere Cotton Mills Ltd. Vs. Union of India (Uoi)

Court : Karnataka

Subject : ExciseConstitution

Acts : Central Excises Act, 1944 - Sections 3, 3(1) and 37; Finance Act, 1982 - Sections 51; Central Excise Rules, 1944 - Rules 9 and 49

Reported in : 1986(8)ECC113; 1986(24)ELT507(Kar)

Act and not by the Rules.;(B) CENTRAL EXCISE RULES, 1944 - Rules 9 & 49 AS AMENDED BY FINANCE ACT, 1982 -- Purport -- Rule 49 to be read in conjunction with Role 9 -- Postponement of collection of … of this Court has also challenged the amendments made to Rules 9 and 49 of the Rules and Section 51 of the Finance Act of 1982 (1982 Act). The challenge to these provisions are based on a … partition of the properties as per the memorandum of partition Ex.D1 dated 29.4.1999. Defendant No.3 in her evidence has denied her signature on the said

Indian Hotels and Restaurant Association Represented by Its Treasurer ...

Court : Mumbai

Subject : Service Tax

India, the Petitioners are claiming a writ, order or direction declaring clause (zzzzv) of Section 65(105) of the Finance Act, 2010 as ultravires the Constitution of India, null, void and of no legal affect. It is prayed that … of the Seventh Schedule to the Constitution of India. 12. It is stated that the Constitution (Forty-Sixth Amendment) Act, 1982 amended Article 366 of the Constitution of India by inserting Clause (29A) therein. By reason of this amendment … food and beverages in a restaurant falling under sub-clause (f) of Clause 29A of Article 366 read with Entry 54 of List II. 24. Mr.

C.M. Kothari Charitable Trust Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (1989)31ITD46(Mad.)

of the new pattern of investment was again extended by a further period of one year by the Finance Act, 1982. Consequently, if any funds of a trust or institution were invested or deposited or continued to be invested … years earlier to the assessment year 1983-84, the income of the assessee-Trust was held to be exempt under Section 11 of the Income-tax Act, 1961. In the financial year 1982-83 relevant to the assessment year under consideration, … placed reliance on the decision of the ITAT, Madras 'B' Bench dated 29-4-1988 in the case of Tuluva Vellala Association v. ITO for the assessment