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Mitsui and Company Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

by inserting an explanation in s. 9(ii) of the IT Act, 1961, w.e.f. 1st April, 1979 by the Finance Act, 1983 [140 ITR (St) 116], it is clarified and declared that the income which falls under the head "salaries" … penalty if a person proves that there was reasonable cause for failure to deduct tax at source. The section unlike the provisions of s. 271(1)(c) does not contain any artificial deeming provisions. The only inroad created is … -------------------------------------------------------------------- Financialyear Amount of short Interest under s. deduction of tax deposited 201(1A) of the later Act -------------------------------------------------------------------- Rs. Rs. -------------------------------------------------------------------- 1989-90 7,33,636 6,64,099 1990-91

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

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 … 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 … It is also not the case that return has not been approved and action has been initiated under Section 20 of the Act after giving opportunity of hearing to the petitioner. Thus, the impugned notices, as contained in

Commissioner of Wealth-tax Vs. Vgp Housing Pvt. Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Wealth-tax Act, 1957 - Sections 27A; Finance Act, 1983 - Sections 40; Welth Tax Rule - Rules 3, to 19 and 20

Reported in : (2008)214CTR(Mad)709; [2008]296ITR148(Mad); [2009]176TAXMAN273(Mad)

cannot be excluded from the levy of wealth-tax in view of the provision of Section 40 of the Finance Act, 1983. While allowing the appeals, the Tribunal also given a direction to the Assessing Officer to value the impugned … of lease is between sister concerns, without giving the assessing officer the option of applying Rules 8 and 20, even if they are found to be relevant? 2. When the matter came up on 05.02.2007, notice was

Collector of Central Excise Vs. Mihir Textiles Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Excise

Reported in : (1990)(30)LC491Tri(Mum.)bai

Rules 9 and 49 and retrospective validity of the said amendment brought out by Sec. 51 of the Finance Act, are valid. However, the Supreme Court did not accept the contention of the Learned Attorney General that the … into the question of doctrine of tracing of the power.20. In the case of Hydraulic Ltd. reported in 1983 (12) ELT 533, decided by the Tribunal, it has been held that quoting one rule and exercising power … 51(2)(d) of the Finance Act, 1982, were so issued under the aforesaid Section of the Finance Act and if so, they are not valid notices

Bihar Plastic Industries Limited Vs. State of Bihar and ors.

Court : Patna

Subject : Sales Tax

Acts : Bihar Finance Act, 1981 - Sections 17(2), 19 and 19(1); Bihar Sales Tax Rules, 1983 - Rule 20; Constitution of India - Articles 226 and 227

on which such dealer may rely in support of such returns. Rule 20 of the Bihar Sales Tax Rules, 1983 provides that the notice of … the nature of certiorari quashing the proceeding purported to have been initiated under Section 19 of the Bihar Finance Act, 1981 (hereinafter referred to as 'the Act'), and also the notices, as contained in annexures 1 to 3 … was subsequently converted into a public limited company, and incorporated under the Companies Act, 1956.2. For the year 1983-84 the petitioner had submitted quarterly return and deposited the requisite sales tax payable under the Act. Ultimately, a

Prayag Upnivesh Evam Awas Nirman Sahkari Samiti Ltd. Vs. Inspecting As ...

Court : Allahabad

Subject : Direct Taxation

Reported in : [1986]17ITD536(NULL)

defintion of transfer, the acquisition proceedings when though started well, could not be continued in view of the Finance Act, 1981. He also submitted that no opportunity was afforded to Shri Virendra Saran regarding the acquisition proceedings against … Act, 1976 had come on the statute book on 28-1-1976, the permission of the Governor of U.P. under section 20 of that Act was obtained for this transfer on 5-9-1980. Thereafter on 10-10-1980, the sale deed was executed

Vishal International Production Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1993)46ITD312(Delhi)

ultimate analysis concluded that the assessee was not an "Industrial Company" as defined in Section 2(7)(c) of the Finance Act, 1980.4. Being aggrieved with the action of the CIT (Appeals), the assessee took up the matter before the … was excluded then the receipts from extra prints processed would represent about 20 per cent of the gross receipts and the Explanation, therefore, would not … appeals are directed against the" separate orders passed by the CIT (Appeals) for the assessment years 1980-81 to 1983-84 raising for our consideration the following common ground: That the learned CIT (A) has erred in upholding the

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

Court : Mumbai

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, … the Income-tax Act, 1961 ('the Act' for short) prior to April 1, 2003, income of all the local authorities was exempt under Section 10(20) of

Baijnath Biswanath and anr. Vs. State of Assam and ors.

Court : Guwahati

Subject : Sales Tax

Acts : Assam Finance (Sales Tax) Act, 1956 - Sections 20 and 20(1)

to pass order for enhancement of assessment orders on the total turnovers for the periods ending September 30, 1983, March 31, 1984, September 30, 1984, March 31, 1985, September 30, 1985, March 31, 1986, September 30, 1986, … a common order dated December 17, 1990, passed by the Assistant Commissioner of Taxes, respondent No. 3, under Section 20(1) of the Assam Finance (Sales Tax) Act, 1956, hereinafter referred to as the Act, 1956, for the assessment

Collector of Customs, Madras Vs. Tungabhadra Fibres Ltd.

Court : Chennai

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)

of Entry was assessed to 40% basic duty and auxiliary duty at 20% on the basis of the provisions of the Finance Act of 1983, … 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