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Balsara Hygiene Products Ltd. and Another Vs. D.S. Saxena and Another

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 3, 30, 31, 32, 33, 34, 35, 36, 37, 37(3) and (3)A and 80B; Constitution of India - Articles 19 and 226; Finance Act, 1983 - Sections 17

Reported in : 1994(2)BomCR164; [1994]208ITR623(Bom)

declaration that the amendment made to section 37 of the Income-tax Act, 1961, by section 17(b) of the Finance Act, 1983, by inserting sub-sections (3A) to (3D) is bad in law, illegal, invalid and violative of the petitioners' fundamental

The Commissioner of Wealth-tax Vs. M/S. Kumudam Printers Pvt. Ltd.

Court : Chennai

Subject : Income Tax

Acts : Wealth Tax Act - Section 17; Finance Act, 1983 - Section 40(3)(vi b); Income-tax Act - Section 13

the property at No.20, Hunters Road, Madras from the wealth tax, even though Section 40(3)(vi b) of the Finance Act, 1983 states if the property used by Director, Manager and Secretary as residential accommodation then it will not be … wealth on 12.3.1992, admitting a net wealth of Rs.5,58,900/-. In order to regularise the return, a notice under Section 17 of the Wealth Tax Act, was issued to the assessee. In response to the notice, the assessee had

V.G. Paneerdas and Co. P. Ltd. Vs. Commissioner of Wealth-tax

Court : Chennai

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 16(4) and 18(1); Finance Act, 1983 - Sections 16(4), 17, 18(1) and 40(3)

Reported in : (2006)204CTR(Mad)469; [2006]284ITR444(Mad)

the public are not substantially interested. It was in possession of assets specified in Section 40(3) of the Finance Act, 1983, thereby rendering it liable to wealth-tax. A notice under Section 17 was issued on April 17, 1981. Since

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 … furnished accommodation provided by the FCI Ltd. to the assessee-technician was a perquisite within the meaning of Section 17(2) of the Income-tax Act, 1961 ?'2. Of the aforesaid questions, the first question has been referred at the

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

Court : Income Tax Appellate Tribunal ITAT Pune

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) … truly all materials necessary for assessment, the wealth chargeable to tax has escaped assessment within the meaning of Section 17(1)(a) of the WT Act. Issue notice under Section 17.The assessee filed returns of wealth in response to notice

Pallonji Shapoorji and Co. (P) Vs. Deputy Commissioner of Wealth Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2006)102ITD101(Mum.)

Nawab Sir Mir Osman All Khan (supra).16. Learned Counsel further submitted, under Sub-section (5)(b) of Section 40 of Finance Act, 1983, Section 4(7) of the WT Act would not be in conformity with the charging provision, i.e., Sub-section (2) of … of the flat at Sterling Bay Co-operative Housing Society Limited for wealth-tax purpose. In response to notice under Section 17 of the WT Act, assessee filed the return on 5th May, 1994 declaring a net wealth of Rs.

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

Court : Delhi

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 … under ss. 271 and 271C and prosecution under section 276B. The scheme was announced in the newspapers on 17th June, 1994, and July 1994. The scheme was initially valid upon 31-7-1994, and later extended up to 28-2-1995,

income-tax Officer Vs. Pratappur Sugar and Industries

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (1985)13ITD753(Kol.)

disposing of the appeal by the revenue. It is stated that the above sub-section was inserted by the Finance Act, 1983, with retrospective effect from 1-4-1979, as relied on by the revenue. It is prayed that the above order … the Finance Act, 1979, which would have received the President's assent sometime in March 1979. Clause (c) of Section 17 of the relevant Finance Bill is also to the same effect.3. Now if this amendment had been made

Larsen and Toubro Limited Vs. State of Jharkhand and ors.

Court : Jharkhand

Subject : Sales Tax/VAT

Acts : Bihar Finance Act, 1981 - Sections 2, 13, 17(2), 17(3), 19, 19(1), 19(2), 21, 21(1), 47 and 58; Central Sales Tax Act; Rajasthan Sales Tax Act - Sections 5; Bihar Sales Tax Rules, 1983 - Rules 13, 13A, 15(3) and 18; Rajasthan Sales Tax Rules - Rule 29(2); Sales Tax (Amendment) Rules, 2000 - Rule 13A; Sales Tax (Amendment) Rules, 2006 - Rule 13A

Reported in : 2008(56)BLJR2126; [2008(3)JCR698(Jhr)]; (2009)24VST233(Jharkh)

the period, 1999-2000, the petitioner also challenged the vires of Rule 13A of the Bihar Sales Tax Rules, 1983 as amended by notification dated 01.2.2000 and also Section 21(1)(a)(1) of the Bihar Finance Act, 1981 on the … the petitioner challenging the order of re-assessment dated 5/5/2006 passed under Sections 17(3) and 19 of the Bihar Finance Act. The writ petition was dismissed by this Bench on 27/11/2006 holding that the petitioner may avail the statutory

Arun Kumar Vs. State of Bihar

Court : Patna

Subject : Sales Tax

Acts : Bihar Finance Act, 1981 - Sections 3, 4, 14, 17(5), 20(1), 25(3) and 33; Bihar Sales Tax Rules, 1983 - Rule 3(1), 3(3) and 3(4); Bihar Excise Act - Sections 22

Rules') and restraining the respondents from taking any steps including the proceeding under Section 17(5) of the Bihar Finance Act, 1981 for realisation of the sales tax for the aforesaid period.2. Subsequently, the petitioner also challenged the order … to the petitioner in terms of the provisions contained in Rule 3(4) of the Bihar Sales Tax Rules, 1983 (hereinafter referred to as 'the Rules') and restraining the respondents from taking any steps including the proceeding under