Advanced Search Results

Bezbaruah Tea Co. (P.) Ltd. Vs. Commissioner of Income-tax

Court : Guwahati

Subject : Direct Taxation

Acts : Finance Act, 1982 - Sections 2(7); Income Tax Act, 1961 - Sections 2(45), 5 and 10

from the total income can be regarded as total income for the purpose of Section 2(7)(c) of the Finance Act, 1982. Section 10 in Chapter III of the Income-tax Act, 1961, gives a list of incomes which cannot be included

The Commissioner of Income Tax Vs. V. Pradeep Kumar and V. Praveen Kum ...

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act - Sections 45, 54F, 143(1), 143(3), 147, 148 and 256; Finance Act, 1982

Reported in : (2006)203CTR(Mad)579; [2007]290ITR90(Mad)

the head ' Income from house property', other than the new asset.The above section was inserted by the Finance Act of 1982 with effect from 1st March 1983. The conditions precedent for getting exemption are:1. Transfer of any … consideration in respect of the original asset, the whole of such capital gain shall not be charged under Section 45; (b) if the cost of the new asset is less than the net consideration in respect of the

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. … its consideration, the amount of capital gain arising from the transfer of the original asset not charged under Section 45 on the basis of the cost of such new asset as provided in Clause (a) or, as the

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 … the Act becomes relevant. Sub-clause (vi) of Section 2(24) states that income includes any capital gains chargeable under Section 45 of the Act. Therefore, once capital gains form part of the income, which is to be included for

Humayun Suleman Merchant Vs. The Chief Commissioner of Income Tax, Mum ...

Court : Mumbai

Subject : Direct Taxation

under. Section 54F of the Act introduced into the Act with effect from 1st April, 1983 by the Finance Act, 1982 provides exemption from Capital gain on transfer of any long term-capital asset in case the same is invested … consideration in respect of the original asset, the whole of such capital gain shall not be charged under Section 45; (b) if the cost of the new asset is less than the net consideration in respect of the

Tata Iron and Steel Co. Ltd. and anr. Vs. the State of Bihar and ors.

Court : Patna

Subject : Property

Acts : Bihar Cess Act, 1880 - Sections 5 and 45; Limitation Act - Sections 3 and 4 to 24; Bihar and Orissa Primary Education Act, 1919 - Sections 13; Bihar Health Cess Act, 1977 - Sections 3

agricultural development cess it has been claimed that such cess has been provided under Chapter IX of Bihar Finance Act, 1982 which is levy on the land held by the raiyat. The petitioner company is not raiyat. Therefore, it … waiver or estoppel. The demand of respondents under the Cess Act, 1880 is barred by limitation as under Section 45 of the Cess Act. 1880 the cess may be recovered at any time within three years after it

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 … U.O.I. in 1978 (2) ELT 355, he particularly took us through paragraph 45 of the aforesaid Supreme Court judgement. He also indicated that the Tribunal

A.P. Federation of Chit Funds Vs. Union of India (Uoi)

Court : Andhra Pradesh

Subject : Service Tax

Acts : Finance Act, 1994 - Sections 65(12) and 65(105); Andhra Pradesh Chit Funds Act, 1971 - Sections 2 and 6; Finance (Amendment) Act, 2007 - Sections 65; Chit Funds (Amendment) Act, 1982; Reserve Bank of India Act, 1934 - Sections 41(1) and 45I; Constitution of India - Articles 14, 19(1), 226 and 265; Andhra Pradesh Chit Funds Rules

Reported in : 2009[13]STR350

therefore it was contended that even culling out from the definition of the chit under the Chit Funds Act, 1982, there being an element of finance involved, it attracts cash management and asset management. Further, it has been … 14, 19(1)(g) and 265 of the Constitution of India and Section 65(12) read with Section 65(105)(zm) of the Finance Act, 1994 and to set aside the same. The case of the petitioners is that they are doing business … runs as follows:'Financial institution' has been assigned the meaning as per Section 45-I of the Reserve Bank of India Act, 1934 [Section 65(45)], as follows:'financial

Leena J. Shah Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

USA. This interpretation is strongly supported by the marginal note to Section 54F. Section 54F inserted by the Finance Act, 1982, with effect from 1-4-2003. It has been explained in Circular No. 346, dated 30-6-1982 - Explanatory notes on … consideration in respect of the original asset, the whole of such capital gain shall not be charged under Section 45; (b) if the cost of the new asset is less than the net consideration in respect of the

Commissioner of Central Excise Vs. Siv Industries Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Subject : Land Acquisition

Reported in : (1999)(112)ELT251Tri(Chennai)

been inserted in Section 3 of the Central Excises and Salt Act, 1944 vide Section 46 of the Finance Act, 1982 (14 of 1982). In view of the provisions of this proviso, basic excise duty leviable on the goods … goods are in the nature of rejects. In this regard attention is invited to amendments carried out by Section 45 of the Finance Act, 1984, to the provisions contained in Section 3 of the Central Excises and Salt