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income-tax Officer Vs. Ashokkumar Lalitkumar

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (1995)53ITD326(Ahd.)

possible in this case.He also placed reliance on the conditions mentioned in Section 36(2) as amended by the Finance Act 1987 which, inter alia, provides that the year in which the assessee has written off the debt as … kumar from whom the assessee made certain purchaseSection It was explained before the Assessing Officer that in A.Y. 1982-83 the assessee purchased goods from this party of the value aggregating to Rs. 10,73,274. However, the assessee made

i.T.C. Ltd. and Another Vs. Union of India and Anothers

Court : Delhi

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35A, 35E, 35F and 36; Central Excise Rules - Rule 9B; Constitution of India - Article 226; Finance Act, 1982

Reported in : 1987(30)ELT321(Del)

the amendments were initially proposed in clause 47 of the Finance Bill, 1982, though subsequently enacted into the Finance Act, 1982 we may refer to the provisions of the Finance Bill here. The amendment proposed by clause 47 was … indefinite repetition involved in applying the formula contended for by the department. 36. The second difficulty pointed out is based on the notification which comes … provisions of the Central Excises and Salt Act, (Act 1 of) 1944 (hereinafter referred to as 'the Act'). Section 3 of the Act which is charging section, in so far as is relevant for our present purposes,

Standard Chartered Bank Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (1991)39ITD57(Mum.)

a scheduled and non-scheduled bank was allowed as a deduction. The provisions of Section 36(1)(viia) were amended by Finance Act, 1985 with effect from 1-4-1985 to extend the cushion to all scheduled and non-scheduled banks and an amount

B. Rajendra Oil Mills and Refinery Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : MRTP

Reported in : (1985)(21)ELT607TriDel

proceedings pending before the Government of India which were transferred to this Tribunal after coming into force the Finance Act, 1982, under Section 35P of the Central Excises and Salt Act, 1944, were under Section 36 of the said

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 … auxiliary duty read with this notification. Explanation. - In this clause, 'auxiliary duty' means the duty leviable under Section 36 of the Finance Act, 1976 (66 of 1976). 6. This notification shall come into force on the 1st

E. Sefton and Co. Private Ltd. Vs. Government of India

Court : Allahabad

Subject : Excise

Acts : Central Excises Act, 1944 - Sections 35 and 36; Limitation Act, 1963 - Sections 5 and 29(2); Central Boards of Revenue Act, 1963; Limitation Act, 1908 - Sections 4 to 24; Finance (2) Act, 1980 - Sections 50, 50(1), 50(2) and 50(3)

Reported in : 1993(63)ELT626(All)

to be presented within a further period of three months.'14. It may further be noticed that although the Finance Act had come into force on 21-8-1980 the notification specifying the date from which the amendment was to come … by the appellant seeking condonation of delay. The petitioner challenged the aforesaid order by means of revision under Section 36 of the Central Excises and Salt Act, 1944, before the Central Government but that revision was also dismissed

Andhra Pradesh State Financial Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (1986)18ITD515(Hyd.)

financial corporations and he drew our attention in particular to the latest amendment to Section 36(1)(viii) by the Finance Act, 1985, wherein it has been clarified that the deduction is to be made without making any deduction under … hand where we are concerned with the law as on 1-4-1982 and 1-4-1983 which governs the assessments for 1982-83 and 1983-84, respectively, for the following reasons : (a) Section 36(1)(viii), which corresponded to Section lO(2)(xiva) of the

Wallfort Shares and Stock Brokers Vs. Income-tax Officer [Alongwith

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

House of Lords in the case of Lupton. In that case forward stripping had been banned by the Finance Act, 1960, but the House of Lords did not think that the subsequent amendment should prejudice or cloud the … trading. The learned CIT(Appeals) noted that subsequent judgments in the case of Ramsay Ltd. v. Inland Revenue Commissioner 1982 A.C. 300 (HL); Inland Revenue Commissioner v. Burmah Oil Co. Ltd. 1982 STC 30 (HL) and Furniss v. … the Finance Act, 2001 with retrospective effect from 1.4.1962; Explanation to Section 36(1)(viii) by Finance Act, 1992 with retrospective effect from 1.4.1987 and so on. … in the case of the assessee in relation to assessment orders Under Section 143(3) for assessment years 2001-2002 and 2000-2001 respectively. These appeals have been

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

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 … Bombay v. Khatau Makanji Spinning & Weaving Co. Ltd., Bombay.8A. For the Revenue, Smt. Zutshi argued that Article 365 of the Constitution read with Entries 83 and 84 of List 1 of the 7th Schedule to the