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Commissioner of Income-tax Vs. Daudayal Hotels Pvt. Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 5, 28 to 41, 43, 43(6) and 256(1); Income Tax Act, 1922 - Sections 10(2); Finance Act, 1983; Income Tax Act, 1866

Reported in : (2005)199CTR(Guj)556

on new hotel building is not deductible for arriving at WDV in view of the amendments effected by Finance Act, 1983? 2. The Assessment Year is 1985-86 and the relevant accounting period is calender year ended on 31st December, … allowed shall not include depreciation allowed under sub-clauses(a),(b) and (C ) of clause (vi) of sub-section (2) of section 10 of the Indian Income-tax Act, 1922 (11 of 1922), where such depreciation was not deductible in determining the

Saurashtra Education Foundation Vs. Commissioner of Income Tax

Court : Gujarat

Subject : Direct Taxation

Acts : Income tax Act, 1961 - Sections 2(15), 10(22) and 11(1); Finance Act, 2002; ;Finance Act, 1983

Reported in : (2004)190CTR(Guj)295; [2005]273ITR139(Guj)

anyactivity for profit. The words, 'not involving the carrying on of anyactivity for profit' have been omitted by Finance Act,1983 w.e.f. 1.4.1984. 7. A perusal of the aforesaid statutory provisionswould show that while Section 11 provides for exemptionof … on the facts and in the circumstances ofthe case, the assessee would be entitled toexemption as contemplated under Section 10(22) ofthe Income-tax Act, 1961 ?'2. The assessee is a trust registered a publiccharitable trust on 10.1.1978. When the

Jai Hanuman Distributors Vs. State of Bihar

Court : Patna

Subject : Sales Tax

Acts : Bihar Finance Act, 1981 - Sections 2, 3, 6, 7(3), 11, 11(1), 11(2), 11(3), 11(4), 12, 13, 21 and 49; Bihar Sales Tax Rules, 1983 - Rule 10, 10(1) and 10(2); Central Sales Act, 1956 - Sections 3, 4, 7 and 15; Kerala Additional Sales Tax Act; Karnataka Sales Tax Act, 1957

Rai, A.C.J.1. The petitioner, a dealer in India Made Foreign Liquor (for short IMFL) registered under the Bihar Finance Act, 1981 (hereinafter referred to as the Act) has challenged the assessment order dated 30.6.2003 with regard to assessment … of levy of tax will be made in terms of Rule 10(2)(b) of the Bihar Sales Tax Rules, 1983 (hereinafter referred to as the Rules). According to Section 11 (3) of the Act, sales tax is to

Bihar Institute of Mining and Mine Surveying Vs. Commissioner of Incom ...

Court : Patna

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(15)

12A of the said Act lays down registration of trusts. Section 2(15), before its amendment made by the Finance Act, 1983, which came into effect on April 1, 1984, reads thus : ''Charitable purpose' includes relief of the poor, … running the said institution, the same would come within the purview of Section 12A of the Income-tax Act. 10. Mr. Debi Prasad, learned S. C. C. G., on the other hand, submitted that the word 'education' must

Commissioner of Income-tax Vs. Goslino Mario and ors.

Court : Guwahati

Subject : Direct Taxation

Acts : Finance Act, 1983; Income Tax Act, 1961 - Sections 5, 9(1), 10(14), 15, 17(2), 143(3) and 256(1)

in law in holding that the Explanation added to Section 9(1)(ii) of the Income-tax Act, 1961, by the Finance Act, 1983, with retrospective effect from April 1, 1979, was only procedural in nature and as such applicable to the … rupee payment taken in India in the shape of daily allowance was not exempt from tax under Section 10(14) of the Income-tax Act, 1961 ?6. Whether, on the facts and in the circumstances of the case, the

Cit Vs. R.T. Lawrence

Court : Allahabad

Subject : Direct Taxation

Reported in : [2005]144TAXMAN168(All)

and in the circumstances of the case, the Tribunal was right in holding that the Explanation inserted by Finance Act, 1983 with effect from 1-4-1979 to section 9(1)(ii) could not be applied to assessment earlier to the assessment year … was right in holding that the living allowance was a special allowance liable to be exempt under section 10(14) of the Income Tax Act, 19615. Whether on the facts and in the circumstances of the case, the

Commissioner of Income-tax Vs. Pulikkal Medical Foundation Pvt. Ltd.

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10(22) and 10(22A); Taxation Laws (Amendment) Act, 1970

Reported in : [1994]210ITR299(Ker)

benefit of exemption as provided therein should not be allowed to the assessee.'19. Before the amendment by the Finance Act, 1983, with effect from April 1, 1984, the definition of the words 'charitable purpose' occurring in Section 2(15) of … 18,61,241. However, its total income for income-tax purposes was determined at Rs. 18,97,400. The assessee claimed exemption under Section 10(22A) of the Income-tax Act for both these assessment years on the ground that the hospital is existing solely

Commissioner of Wealth-tax Vs. Bajoria Properties Pvt. Ltd.

Court : Kolkata

Subject : Direct Taxation

Acts : Transfer of Property Act, 1882 - Section 55 and 55(6); ;Wealth Tax Act, 1957 - Section 2; ;Finance Act, 1983 - Section 40 and 40(2)

Reported in : [2002]258ITR29(Cal)

agreement dated September 22, 1986, as debt owed in computing the net wealth under Section 40(2) of the Finance Act, 1983 ?'2. The undisputed facts of this case are as follows :The assessee is a private limited company and … payments of the said sum of Rs. 50 lakhs were as follows :Date of payment Amount8-10-1986 20,00,00015-10-1986 20,00,0003-11-1986 10,00,000__________Total 50,00,000__________6. It appears from the order of the Assessing Officer that the said claim for deduction was rejected

income-tax Officer Vs. Quality Wines

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : MRTP

Reported in : (1989)31ITD163(Hyd.)

inserted by Section 8 of the Finance Act, 1978 with effect from 1-4-1979 and they were omitted by Section 10 of the Finance Act, 1980 with effect form 1-4-1981. In the second spell Sub-sections (3A) to (3D) were … stood before its omission by the Finance Act, 1980. We are concerned with Section 37(3A) introduced by the Finance Act, 1983.These two provisions are entirely different and has nothing to do with each other. Further, he pointed out the

The Commissioner of Income Tax Vs. Godaveri (Mannar) Sahakari Sakhar K ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 28, 36, 36(1), 43, 43B, 43(2), 139(1) and 145; Provident Funds Act; Finance Act, 2000; Finance Act, 2003 - Sections 21 and 43B; Finance Act, 1983; Finance Act, 1987; Finance Act, 1989

Reported in : (2007)109BOMLR2273; (2007)212CTR(Bom)384; [2008]298ITR149(Bom)

to the deletion of the proviso by to the Finance Act, 2003.4. Section 43B was inserted by the Finance Act 1983 with effect from 1st April 1984. The two provisos were added by Finance Act 1987 with effect from … was not curative and consequently it cannot be said that the amendment is retrospective - Appeal allowed - Section 10: [Swatanter Kumar, C.J., A.P. Deshpande & Smt. Nishita Mhatre, JJ] Admission to professional colleges - Technical courses -