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Glaxo Laboratories (India) Ltd. Vs. Second Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (1986)18ITD226(Mum.)

84 ITR 661 observed that it was well recognized that specific dates in the 1961 Act and the Finance Act, 1955, had reference to assessment years and had nothing to do with the accounting years of an assessee … Bombay Bench in ITO v. XYZ & Co. India Ltd. [IT Appeal Nos. 2606 and 2607 (Bom.) of 1982] where in paragraph 22 the Bench upheld the Commissioner (Appeals)'s order that wife accompanying the husband abroad (who … This Special Bench was constituted to consider the question whether provisions of Section 40A(8) of the Income-tax Act, 1961 ('the Act') are applicable to assessment … Special Bench was constituted to consider the question whether provisions of Section 40A(8) of the Income-tax Act, 1961 ('the Act') are applicable to assessment year

Federation of Hotels and Restaurants Association of India and Others V ...

Court : Delhi

Subject : Service Tax

226 of the Constitution of India is to the constitutional validity of Section 65 (105) (zzzzv) of the Finance Act 1994 (FA) whereby the provision to any person by a restaurant, by having the facility of air-conditioning in … Case of the Petitioners 3. The case of the Petitioners in short is that after Constitution (Forty-Sixth Amendment) Act, 1982 which inserted clause 29A (f) in Article 366 defining tax on sale or purchase of goods to include … According to Mr Venkataraman Rule 2C of the 2006 Rules which deemed 40% of the total value of the transaction to be attributable to the

M/S. Continental Construction Ltd. Vs. Commissioner of Income-tax, Cen ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 9, 14, 40A(1), 80(O and HHB), 119(1), 154, 256, 288(2); Finance Act, 1982; Foreign Exchange Regulation Act, 1973; Finance (No. 2) Act, 1991

Reported in : AIR1992SC803; (1992)2CompLJ50(SC); (1992)101CTR(SC)386; [1992]195ITR81(SC); JT1992(1)SC140; 1992(1)SCALE65; 1992Supp(2)SCC567; [1992]1SCR57

Tribunal is right in holding that the assessee company is not an 'industrial company' as defined in the Finance Act, 1982?2. The first two Income-Tax References were made to the High Court at the instance of the assessee which … 1987 (reported in : [1990]185ITR178(Delhi) answering, against the assessee, the following questions of law referred to it under Section 256 of the Income Tax Act, 1961 ('the Act') :1. Whether on the facts and in the circumstances … on a totally different question which related to the interpretation of Sections 40(c) and 40A(5) of the Act. The High Court answered all the three

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 … deals with meetings of the general body of subscribers. Section 35 to 39 deal with termination of chitties. Section 40 to 42 deal with inspection of documents by subscribers and Registrar. Section 43 to 55 deal with winding

Commissioner of Wealth Tax vs.atma Ram Properties (P) Ltd.

Court : Delhi

Subject : Direct Taxation

their assets. However, the Finance Act 1983 (FA1983 revived wealth tax in respect of the assets of companies. Section 40 (1) of the FA1983stated that notwithstanding anything contained in Section 13 of the FA, 1960, wealth tax was … it is first necessary to understand the background in which the questions that have been framed arose. The Finance Act, 1960 (FA1960 exempted WTA No.16/2005 & connected matters Page 11 of 38 companies from the levy of wealth … of consistency, and by the decisions of the ITAT for AYs 1980-81, 1982-83 to 1987-88, 1990-91 and 1991-92, it must be held that the rental

Commissioner of Income-tax Vs. Arvind Mills Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 2(24), 2(45), 4, 5, 37, 40, 40A, 45, 80AB, 80HHC, 80M and 80TT; Income-tax Rules, 1962 - Rule 6D; Finance Act, 1980; Finance Act, 1983; Finance Act, 1982

Reported in : (2001)171CTR(Guj)362; [2002]254ITR529(Guj)

the Act when one reads the provision of Section 80HHB of the Act which was introduced by the Finance Act, 1982, with effect from April 1, 1983. The language employed in both the provisions is entirely different though both … allowance to the managing directors are to be considered for the purpose of computing the disallowance under Section 40(c) of the Act ? 2. Whether, the cash payment of house rent allowance to the employees is to

B. Ananthakrishnan Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Cochin

Subject : Direct Taxation

Reported in : (1984)10ITD748(Coch.)

employee and the payment is, therefore, relatable to the service. The fact that Section 10(10AA) introduced by the Finance Act, 1982, with retrospective effect from 1-4-1978 provided for exemption of encashment of leave salary at the time of retirement, … any cash payment by an employer to an employee will not be perquisite for the purpose of Section 40(c)(iii) of the Act. This does not seem to be relevant.6. As against this, the contentions advanced by the

Continental Construction Ltd. Vs. Commissioner of Income-tax

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10, 10(5) and (6), 17, 30, 31, 32, 33, 34, 35, 36, 36(1), 37, 38, 39, 40, 40(A), 40(C), 40A(1) and 40A(5), 80, 80-O, 80MM, 80HHB and 80HHB(5), 85C, 163, 261 and 288

Reported in : [1990]69CompCas268(Delhi); (1990)85CTR(Del)116; [1990]185ITR178(Delhi)

the Central Government immediately before that day shall stand transferred to the Board for disposal.' 17. By the Finance Act, 1982, section 80HHB was incorporated in the Income-tax Act, 1961. According to the Memorandum explaining the provisions in the Finance … from the limit of Rs. 72,000 laid down in the first proviso to section 40A(5)(A) as well as section 40(c) of the Income-tax Act, 1961 ?' 3. The facts, as stated by the Tribunal, are that the assessed

Assistant Commissioner of Vs. Canara Food Processors (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Pune

Subject : Direct Taxation

Reported in : (1993)45ITD500(Pune.)

assessments. Even after re-opening, the assets brought to tax would have been exempt under Section 40 of the Finance Act, 1983. Revenue is in appeal on the following common grounds, viz. : (1) The order of the CWT … also office expenses of Rs. 30,000 each incurred because the revised return was filed for the assessment year 1982-83 by adjusting the interest payment of Rs, 59,446 which was wrongly debited to development expenses account instead of

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 … are supposed to sell and serve liquor within a restricted area (being 40% of the total constructed area) in the Restaurant. The Excise law does