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Jan 18 1994

Collector of Customs, Madras Vs. Tungabhadra Fibres Ltd.

Court : Chennai

Decided on : Jan-18-1994

Subject : Customs

Acts : Customs Act, 1962 - Sections 15, 15(1), 59, 60, 61, 68 and 72; Customs Tariff Act, 1975

Reported in : 1994(46)ECC65; 1994(71)ELT655(Mad)

enhanced duty taking advantage of the enhanced rate of auxiliary duty on account of the provisions of the Finance Act, 1983. In so far as the levy of interest at 6% from 14-9-1983 to 28-11-1983 on the entire amount … for home consumption had been filed but that had not been properly appreciated by the learned Judge. 8. Section 68 of the Act provides for clearance of warehouse goods for home consumption and states that the importer … clear the goods covered by the Bills of Entry for warehousing Nos. 1506 and 1507 dated 15-6-1981, on payment of forty per cent as the

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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 … in excess of twenty-five per cent ofthe income from such property. The percentage 25 is now substituted by 15% byFinance Act, 2002 w.e.f. 1.4.2003. The expression 'charitable purposes' is definedby clause (15) in Section 2 as under:-2(15)

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Nov 02 2007

Larsen and Toubro Limited Vs. the State of Bihar (Now Jharkhand) and o ...

Court : Jharkhand

Decided on : Nov-02-2007

Subject : Sales Tax/VAT

Acts : Central Sales Tax Act, 1956 - Sections 2, 3, 4, 5, 5(3), 6, 6(2), 8(3), 14 and 15; Bihar Finance Act, 1981 - Sections 21(1); Government of India Act, 1935; Rajasthan Sales Tax Act, 1954; Rajasthan Sales Tax Rules, 1955; Bihar Sales Tax Rules, 1983 - Rule 13

Reported in : [2008(1)JCR210(Jhr)]; (2009)21VST173(Jharkh)

of Bihar Finance Act, 1981 as well as Bihar Sales Tax Rules, 1983, no assessment at all can be made in respect of work contract. … of Bihar, which is admittedly an intra-state sale which attracts the levy of Bihar Sales Tax under Bihar Finance Act, 1981 and as such the above amount has been determined as taxable in Bihar and the same has … Under Section 14 of the Central Sales Tax Act, 1956 cannot be taxed twice under the provisions of Section 15 of the Central Sales Tax Act, 1956 and thirdly, in view of the judgment of the Patna High

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Mar 04 2003

Commissioner of Wealth Tax Vs. Cosmopolitan Hospitals (P) Ltd.

Court : Kerala

Decided on : Mar-04-2003

Subject : Direct Taxation

Acts : Finance Act, 1983 - Sections 40, 40(2) and 40(3)

Reported in : (2003)185CTR(Ker)111; [2004]265ITR312(Ker)

under the WT Act, 1957 (for short 'the Act').2. The scope and ambit of Section 40(3)(vi) of the Finance Act, 1983, regarding the computation of net wealth of a closely-held company which was made liable to wealth-tax assessment as

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Jul 18 1989

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

Court : Guwahati

Decided on : Jul-18-1989

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 … FCI Ltd. and the Italian concern was assessable in the hands of the foreign technician in terms of Section 15, read with Sections 5 and 9(1)(ii) of the Income-tax Act, 1961 ?2. Whether, on the facts and in

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Mar 03 2004

Jindal Steel and Power Ltd. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Mar-03-2004

Subject : Land Acquisition

Reported in : (2004)(96)ECC522

goods were still in the bonded warehouse, Section 61 (2)(ii) was amended as per Clause 106 of the Finance Act, 2001, whereby the above interest-free period was reduced from six months to thirty days.This amendment was made with … amount of duty payable at the time of clearance of the goods in accordance with the provisions of Section 15 on the warehoused goods, for the period from the expiry of the said 30 days till the date

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Mar 25 2009

Commissioner of Income-tax, New Delhi Vs. Eli Lilly and Company (India ...

Court : Supreme Court of India

Decided on : Mar-25-2009

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 4, 4(1), 4(2), 5, 5(2), 9, 9(1), 14, 15, 30 to 38, 40, 90, 90A, 115A, 115B, 115BB, 115BBB, 115E, 132(5), 133A, 159A, 160, 160(1), 161, 162, 163, 164, 164A, 167B, 172(4), 174(2), 175, 176(2), 190, 191, 192, 192(1), 192(1A), 192(2), 193, 194, 194A, 194B, 194BB, 194D, 200, 200(1), 200(3), 201, 201(1), 201(1A), 203, 203A, 204, 206, 221, 271(1), 271A, 271AA, 271B, 271BA, 271BB, 271C, 271C, 271CA, 271E, 271F, 271FA, 271FB, 271G, 272A, 272AA(1), 272BB(1), 272BB(1A), 272BBB(1), 273(2), 273B and 276B; Companies Act, 1956; Finance Act, 1983; Finance Act, 1999; Income Tax Act, 1922 - Sections 4 and 42(1); Income Tax Rules, 1962 - Rules 36A, 37 and 114A; Constitution of India - Article 245

Reported in : 2009BusLR418(SC); (2009)223CTR(SC)20; [2009]312ITR225(SC); JT2009(5)SC78; 2009(4)SCALE384; [2009]178TAXMAN505(SC); 2009(4)LC1742(SC); 2009AIRSCW3104

services rendered in India. According to the learned Counsel, the insertion with retrospective effect from 1.4.1979 by the Finance Act, 1983, however, was not all inclusive. According to the learned Counsel, despite the said Amendment, amounts paid to foreign … (see seventh edition at p. 207). Section 9(1)(ii) thus enacts that income chargeable under the head 'Salaries' under Section 15 shall be deemed to accrue or arise in India if it is earned in India, i.e., if the

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Aug 02 2007

Commissioner of Income Tax Vs. Hemla Embroidery Mills (P) Ltd.

Court : Punjab and Haryana

Decided on : Aug-02-2007

Subject : Direct Taxation

Reported in : (2007)212CTR(P& H)497; [2009]311ITR412(P& H)

wealth of the assessee. The AO also came to the conclusion that as per Section 40(3)(iv) of the Finance Act, 1983, building or land owned by an assessee is to be included in the net wealth unless the building … subject to rectification. The assessee pleaded before the AO that the factory building and machinery amounting to Rs. 15,00,000 was transferred to the subsidiary company, however, no documentary evidence in support of transfer was furnished. The AO

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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 … Act, 1963 are established for charitable purposes and accordingly directing the Commissioner of Income-tax to grant registration under Section 12A/12AA of the Income-tax Act, 1961 ?2. Heard Mr. Anand Parchure, advocate for the appellants and Mr. Thakkar,

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Aug 05 1993

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

Court : Kerala

Decided on : Aug-05-1993

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

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