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Commissioner of Income Tax Vs. Mohinder Kumar and Party

Court : Rajasthan

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 36(1), 40, 43B, 43B(1), 139(1), 256(1) and 256(2); Finance Act, 1983 - Sections 18; Finance Act, 1988; Direct Tax Laws (Amendment) Act, 1987; Uttar Pradesh Excise Act; Constitution of India - Articles 73, 162, 265 and 366(28)

Reported in : (2005)195CTR(Raj)335; [2006]284ITR250(Raj)

obvious that it does not call for consideration by this Court.9. Section 43B has been inserted by the Finance Act, 1983 (11 of 1983), Section 18 (w.e.f. 1st April, 1984).The provision was amended for the first time by the

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 … justified in sustaining the action of the first appellate authority in approving the levy of penalty under Section 18(1)(a) of the Act ?2. Whether, on the facts and in the circumstances of the case, the Tribunal is

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) … show that the guest house was used actually as staff quarters for the employees drawing less than Rs. 18,000 salary per year and also to show that the assessee's main activity is of converting lands into plots

Agassi (Respondent) Vs. Robinson (Her Majesty's Inspector of Taxes) (A ...

Court : House of Lords

Subject : Land Acquisition

activity carried out by them within the United Kingdom. The relevant statutory provisions were first enacted in the Finance Act 1986, section 44, and Schedule 11 to that Act under which the 1987 Regulations were made. The 1988 … to foreign entertainers and sportsmen the charging provisions of section 108 of the 1970 Act (which became section 18(1)(a)(iii) of the 1988 Act). Section 108 imposed a Schedule D charge to tax on the profits or gains

Commissioner of Wealth-tax Vs. Kodaikanal Club

Court : Chennai

Subject : Direct Taxation

Acts : Finance Act, 1983 - Sections 40, 40(1), 40(6) and 40(7); Wealth Tax Act, 1957 - Sections 2, 3 and 21AA; Finance Act, 1960 - Sections 13; Societies Registration Act, 1860; Income Tax Act, 1961 - Sections 2(17) and 2(18)

Reported in : (2003)181CTR(Mad)534; [2003]260ITR617(Mad)

the assessee-club became inexigible to wealth-tax from the assessment year 1974-75 onwards. However, by Section 40 of the Finance Act, 1983, the levy of wealth-tax on closely held companies was revived. Hence, the assessee-club by its representation dated January … needs of its members, registered itself during the year 1977 under the provisions of the Societies Registration Act, 1860. Under Section 3 of the Wealth-tax Act, 1957, the three assessable entities are individual, Hindu undivided family and

Chunnilal Onkarmal (P.) Ltd. and anr. and Sir Sarupchand Hukamchand Pv ...

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957; Finance Act, 1983 - Sections 40; Constitution of India - Article 14; Finance Act, 1960 - Sections 13; Companies Act

Reported in : (1994)121CTR(MP)116; [1996]221ITR459(MP)

are pending consideration.4. The petitioners have in this petition challenged the constitutional validity of Section 40 of the Finance Act, 1983, on the ground that it violates Article 14 of the Constitution of India. According to the petitioners, the

Pro Agro Seeds Co. (P) Ltd. Vs. the State of Bihar and ors.

Court : Patna

Subject : Sales Tax/VAT

Acts : Bihar Finance Act, 1981 - Sections 19 and 19(1); Bihar Sales Tax Act, 1959 - Sections 14(2), 15(5), 17(1), 17(2), 17(4), 17(5), 18, 18(1), 19(1), 19(3), 25, 25(3) and 49; Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Union Practices Act, 1971; Custom Act, 1962 - Sections 28; Bihar Sales Tax Rules, 1983 - Rules 18 and 20

the consequential demand notices also dated 20.11.2006 for the years 1997-98, 1998-99, 1999-2000, 2000-01 and 2001-02 under Bihar Finance Act, 1981 (hereinafter referred to as 'the Act').2. The case of the petitioner as set out in the writ … conditions laid down under Rule 20 of the Bihar Sales Tax Rules, 1983. In this context, the case of the petitioner is that Rule 20 … in [1985] 58 STC 217 wherein according to him, it has been held that the notice prescribed under Section 18(1) of the Bihar Sales Tax Act, 1959 for the purposes of initiating re-assessment proceeding being not a mere

Subhash Chand Dinesh Chand Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Jabalpur

Subject : Direct Taxation

Reported in : (1995)52ITD212Jab

written submissions on 13-2-1989 and stated that the levy of wealth-tax was reintroduced by Section 40 of the Finance Act, 1983 for the first time and the assessee-company came to know of it only through the auditors when they … the separate orders of CWT (Appeals), Bareilly dated 31-5-1990 mainly on the ground of levy of penalties under Section 18(1)(a) of the WT Act, 1957.2. The assessee-company filed the returns of wealth for both the assessment years on

Jodhana Real Estate Development Vs. Assistant Commissioner of Wealth

Court : Income Tax Appellate Tribunal ITAT Jaipur

Subject : Direct Taxation

Reported in : (1996)54TTJ(JP.)552

the revival of levy of wealth-tax in the case of closely held companies by s. 40 of the Finance Act, 1983, the assessee filed its return of wealth for the asst. yr. 1984-85 on 30th March, 1985 declaring total … be applicable in the case of the companies also. Sec. 7 has been held to be a machinery section and Schedule III referred to therein a procedural provision. It has been held by the Supreme Court in

Maine Vs. Thiboutot

Court : US Supreme Court

Subject : Land Acquisition

Foster, 407 U. S. 225 , 407 U. S. 240 , n. 30 (1972), and Lynch v. Household Finance Corp., 405 U. S. 538 , 405 U. S. 543 , n. 7 (1972), noted that § 1983's … 3 ] We granted certiorari. 444 U.S. 1042 (1980). We affirm. II Section 1983 provides: "Every person who, under color of any statute, ordinance, regulation, … that petitioners had deprived them of welfare benefits to which they were entitled under the federal Social Security Act. Given that Congress attached no modifiers to the phrase "and laws," the plain language of the statute embraces … be no doubt that § 1 of the Civil Rights Act [of 1871] was intended to provide a remedy, to be broadly construed, against all