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Dec 22 1987

H.F. Craig Harvey Vs. Third Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Decided on : Dec-22-1987

Subject : Direct Taxation

Reported in : (1988)25ITD1(Mad.)

from the Twelfth Schedule of the Income-tax Act, 1961, which was introduced with effect from 1-4-1983, by the Finance Act, 1982. Under this Schedule, a percentage deduction is given under Section 80T(b) of the Act, from the capital gain … 739 and 740 (Mad.) of 1979, dated 29-2-1980] to contend that he is entitled to the option under Section 55(2) of the Income-tax Act to adopt the fair market value of the shares of the amalgamating company as

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May 31 2005

Dharmodayam Company Vs. Union of India (Uoi)

Court : Kerala

Decided on : May-31-2005

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 … deal with inspection of documents by subscribers and Registrar. Section 43 to 55 deal with winding up of chitties. Section 56 to 59 deal with

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Mar 21 1990

Goodyear India Ltd. and anr. Vs. Union of India and ors.

Court : Delhi

Decided on : Mar-21-1990

Subject : Excise

Acts : Finance Act, 1982 - Sections 50; Central Excise Act; General Clauses Act, 1897 - Sections 6

Reported in : 41(1990)DLT194; 1990(49)ELT39(Del)

may note that the language of Section 50 of the Finance Act, 1982, has now been amended by Section 55 of the Finance Act, 1983. (28) The last contention of Mr. Ravinder Narain is that the Directive, given … of Central Excise, thereby pointing out, that on a true and proper interpretation of Section 50 of the Finance Act, 1982, the exemption of set off, granted under the aforesaid notifications, would be availed of first, and the. special

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Feb 20 1992

Chinnaswamy Vs. Profulla

Court : Karnataka

Decided on : Feb-20-1992

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 16 and 20

Reported in : ILR1992KAR2294

suit property. P.W.5 - B.Shivaswamy was examined to speak about the payment of Rs. 25,000/- to M/s. Vijayalakshmi Finance Corporation. P.W.6 - S.D. Ambikapathy was examined to speak about the documents Exs. P.27 and P-28. He was … the plaintiff was always ready and willing to perform her part of the agreement, that the cause of action for the suit arose on 15-2-1982, 25-8-1982, 12-8-1982, 25-9-1982 and 9-10-1982. Accordingly, she sought for the aforesaid reliefs.4. … Court has passed the following order.'Sri S.V.Advocate files an advancement application under Section 151 CPC. prays to advance the case to to-day 6.9.88 to consider … vesting, title in the plaintiff of the suit property. As per Section 55(4)(a) of the Transfer of Property Act, the seller is entitled to the

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Nov 22 1994

Commissioner of Income-tax Vs. Ronald William Trikard and Others

Court : Chennai

Decided on : Nov-22-1994

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(25A) and (45), 4, 5, 5(2), 9, 9(1) and 293A; Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 - Sections 3, 6, 6(6), 7 and 7(7)

Reported in : [1995]215ITR638(Mad)

areas have always been a part of the territory of India would render the notification redundant. (3) The Finance Act, 1981, introduced section 293A in the Income-tax Act. The said section, inter alia, empowers the Central Government to … on its earlier Full Bench decision in CIT v. Karuppiah Kangani [1929] 55 MLJ 844, held that under the Income-tax Act, the income of the … applicable to the assessment year 1983-84 and, therefore, the salary received by the assessee during the accounting year 1982-83 is liable for income-tax. The Tribunal, after considering the contentions of the Revenue and the assessees, found that

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Mar 27 1990

AustIn Vs. Mich. Chamber of Comm.

Court : US Supreme Court

Decided on : Mar-27-1990

Subject : Land Acquisition

annual dues required of all members, three-quarters of whom are for-profit corporations. Section 54(1) of the Michigan Campaign Finance Act prohibits corporations, excluding media corporations, from using general treasury funds for, inter alia, independent expenditures in connection with … 12 (1987); H. Oleck, Nonprofit Corporations, Organizations and Associations 30-31 (4th ed. 1982); M. Lane, Legal Page 494 U. S. 712 Handbook for Nonprofit Organizations … states: "Sec. 54. (1) Except with respect to the exceptions and conditions in subsections (2) and (3) and section 55, and to loans made in the ordinary course of business, a corporation may not make a contribution or

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May 11 2000

Asara Sales and Investments (P.) Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : May-11-2000

Subject : Land Acquisition

Reported in : (2001)78ITD87(Pune.)

Such an incentive/inducement has no acquisition value before Section 55(2)(aa)(iiia) was brought on the statute book by the Finance Act, 1995 with effect from 1-4-1996. In the case of CIT v.Modiram Laxmandas (P.) Ltd. (supra), the Hon'ble Bombay

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Sep 19 2005

Parshuram D. Patil Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Sep-19-2005

Subject : Direct Taxation

Reported in : (2006)102ITD241(Mum.)

that the gains earned by the assessees are taxable as per the amendment of Section 55(2) by the Finance Act, 1994 with effect from 1-4-1995. As the assessee acquired the plot prior to 1974 and transferred the same

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Jan 25 2006

Parshuram D. Patil Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jan-25-2006

Subject : Direct Taxation

Reported in : (2006)103TTJ(Mum.)765

that the gains earned by the assessees are taxable as per the amendment of Section 55(2) by the Finance Act, 1994 w.e.f. 1st April, 1995. As the assessee acquired the plot prior to 1974 and transferred the same … profits therefrom. The plot at serial No. 4 bearing survey No. 165 (Pt) was purchased on 22nd Feb., 1982 and was sold from 21st Dec, 1990 onwards after dividing it into 31 small plots. The plot at

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Jan 31 1989

J.K. Cotton Spinning and Weaving Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Jan-31-1989

Subject : Excise

Reported in : (1989)(23)LC385Tri(Delhi)

cause of action. The question that is really involved is whether in view of Section 51 of the Finance Act, 1982. Section 11A should be ignored or not. In our view Section 51 does not, in any manner affect the

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