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Jun 17 1997

Tulsidas V. Patel (P.) Ltd. Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jun-17-1997

Subject : Direct Taxation

Reported in : (1998)65ITD287(Mum.)

Act shall be so construed as to be in conformity with the provisions of section 40 of the Finance Act, 1983. Section 2(e) of the Wealth-tax Act is one such provision which should be read only in conformity with the

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Jun 17 1997

Tulsidas Vs. Patel (P) Ltd. V. Wealth Tax Officer

Court : Mumbai

Decided on : Jun-17-1997

Subject : Direct Taxation

Reported in : (1998)61TTJ(Mumbai)282

Act shall be so construed as to be in conformity with the provisions of section 40 of the Finance Act, 1983. Section 2(e) of the Wealth Tax Act is one such provision which should be read only in conformity with

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May 27 1999

Mitsui and Company Ltd. Vs. Deputy Commissioner of Income Tax

Court : Delhi

Decided on : May-27-1999

Subject : Direct Taxation

Reported in : (1999)65TTJ(Del)1

Explanationn in section 9(ii) of the Income Tax Act, 1961, with effect from 1st April, 1979 by the Finance Act, 1983, it is clarified and declared that the income which falls under the head 'salaries' payable for services rendered … to furnish the remaining details by 30-5-1995. However, the deductor filed the required details in his letter dt. 12th June, 1995. According to the assessing officer. the company repeated its denial made in the earlier letter about

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Mar 12 1993

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

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Mar-12-1993

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 (Appeals) … years under consideration. The hearing was fixed on 15-2-1990 before him. The assessee sent reply by letter dated 12-2-1990 which is contained at page 69 of the paper compilation book No. 2. The assessee pointed out that

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Apr 29 1991

Commissioner of Income-tax Vs. Deoria Public Charitable Trust

Court : Kolkata

Decided on : Apr-29-1991

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 11, 11(2), 11(5), 13, 13(1) and 13(5); ;Finance Act, 1983; ;Companies Act, 1956 - Section 617

Reported in : [1992]196ITR110(Cal)

1983-84.6. We have considered the rival contentions. Section 13(1)(d) of the Income-tax Act, before its amendment by the Finance Act, 1983, provided that the exemption under Section 11 shall not operate for the assessment year 1983-84 or any subsequent … of any charitable or religious trust or institution will not be entitled to exemption under Section 11 or Section 12 if, for any period during the previous year--(i) any funds of the trust or institution are invested or

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Dec 15 1992

Asstt. Commissioner of Vs. Allied Motors (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Dec-15-1992

Subject : Direct Taxation

Reported in : (1993)45ITD566(Delhi)

machinery was a factory which was used by the assessee on 30-6-1983 in terms of Section 40(3)(vi) of Finance Act, 1983, even though the factory building was completed subsequently and factory went into production on 30-12-1983.2. The respondent in

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Aug 29 1996

Commissioner of Income Tax Vs. Polisetty Somasundaram (P) Ltd.

Court : Andhra Pradesh

Decided on : Aug-29-1996

Subject : Direct Taxation

Acts : Income Tax Act 1961 - Sections 37, 37(1), 37(2), 37(2A) and 261

Reported in : (1997)140CTR(AP)497; [1997]225ITR123(AP); [1997]95TAXMAN388(AP)

sub-s. (2A) of s. 37 was inserted by amendment made in 1983 w.e.f. 1st April, 1976, by the Finance Act, 1983. That Expln. reads as under : 'Explanation 2 - For the removal of doubts, it is hereby declared … of the Revenue and against the assessee. The reference is accordingly answered. Direct Taxation - entertainment expenditure - Sections 37, 37 (1) , 37 (2), 37 (2A) and 261 of Income Tax Act, 1961 - whether Tribunal … case, the Tribunal is justified in holding that the amount of Rs. 12,389 is not entertainment expenditure disallowable under the IT Act, 1961 ?' 2.

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Feb 04 2004

Saurashtra Education Foundation Vs. Commissioner of Income Tax

Court : Gujarat

Decided on : Feb-04-2004

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 … of the reports:- Activity Duration (i) Higher Diploma in Cooperation 18 weeks (condensed) (ii) Diploma in Land Development 12 weeks Banking (iii) Certificate Course in 10 weeks Cooperative Credit and Banking (iv) Specialised Short-term Courses/ - Orientation

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Sep 26 1994

industrial Packers and Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Decided on : Sep-26-1994

Subject : Direct Taxation

Reported in : (1995)52ITD1(Pat.)

year 1986-87.5. The Id. counsel for the assessee conceded fairly that Section 43B had been inserted by the Finance Act, 1983 with effect from 1-4-1984, but since Section 29 was amended only with effect from 1-4-1989 to include Section … assessee also relied on CBDT Circular 550, dated 1-1-1990, paras 15.1 to 15.3 reproduced in 182 ITR page 123 (St.).9. The Id. DR, on the other hand, submitted that the interpretation sought to be placed by the

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Mar 28 2007

Commissioner of Income-tax Vs. Agricultural Produce and Market Committ ...

Court : Mumbai

Decided on : Mar-28-2007

Subject : Direct Taxation

Acts : Agricultural Produce Marketing (Regulation) Act, 1963 - Sections 29, 31, 36, 37 and 52A; Income Tax Act, 1961 - Sections 2(15), 10(20), 11, 12, 12A, 12AA, 80G and 260A; Finance Act, 2002; Bombay Shops and Establishment Act, 1948 - Sections 2(4); Income Tax Act, 1922 - Sections 4(3); Companies Act, 1956 - Sections 25; Finance Act, 1983

Reported in : (2007)210CTR(Bom)386; [2007]291ITR419(Bom)

other object of general public utility not involving the carrying on of any activity for profit'. By the Finance Act, 1983 with effect from April 1, 1984, Legislature has omitted the words 'not involving the carrying on of any … connected with the marketing of agricultural produce and all matters ancillary thereto ;(xiv) subject to the provisions of Section 12, acquire, hold or dispose of any movable or immovable property for the purpose of efficiently carrying out its

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