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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 … not contain the information asked for fully, the Assistant Commissioner asked the authorised representative of the deductor on 25-5-1995, to furnish the remaining details by 30-5-1995. However, the deductor filed the required details in his letter dt.

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Dec 15 1998

Commissioner of Wealth-tax Vs. Varadharaja theatres Pvt. Ltd.

Court : Chennai

Decided on : Dec-15-1998

Subject : Direct Taxation

Acts : Wealth-tax Act, 1957 - Sections 25(2); Finance Act, 1983 - Sections 10(3), 40 and 40(3); Finance Act, 1988

Reported in : [2001]250ITR523(Mad)

the cinema building owned by the assessee is entitled to exemption from wealth-tax under Section 40(3)(vi) of the Finance Act, 1983, as it stood during the relevant period, namely, the years 1984-85, 1985-86, 1986-87, despite the fact that cinema … circumstances of the case, the Tribunal was right in cancelling the orders of the Commissioner passed under Section 25(2) of the Wealth-tax Act, 1957, on the ground that the theatre building has to be excluded out of

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Jan 28 1988

Appraiser, Madras Customs Vs. Tamil Nadu Newsprint Papers Ltd.

Court : Chennai

Decided on : Jan-28-1988

Subject : Customs

Acts : Customs Tariff Act, 1975; ;Central Excise Act; Central Excise Rules, 1944 - Rule 8(1); Customs Act, 1962 - Sections 25, 25(1) and 157

Reported in : 1988(36)ELT272(Mad)

year to the 31st March of the next year. The Finance Act relevant in this case is the Finance Act, 1983. Section 45 thereof provided for levy and collection of auxiliary duty of customs at an amount equal to fifty … the Finance Act, 1983, the Central Government issued Notification No. 62/83-Cus., dated 1.3.1983 by invoking the power under Section 25(1) of the Customs Act. The Notification to the extent relevant, reads thus : 'Exemption from auxiliary duty on

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Jan 28 1988

The Appraiser, Appraising Department (Group Ii), Madras Customs, Custo ...

Court : Chennai

Decided on : Jan-28-1988

Subject : Customs

Reported in : 1988(17)ECC119

year to the 31st March of the next year. The Finance Act relevant in this case is the Finance Act, 1983. Section 45 thereof provided for levy and collection of auxiliary duty of customs at an amount equal to fifty … the Finance Act, 1983, the Central Government issued notification No. 62/83-Cus. dated 1-3-1983 by invoking the power under Section 25(1) of the Customs Act. The notification, to the extent relevant, reads thus :--Exemption from auxiliary duty on 19

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Sep 07 1987

Tamil Nadu Newsprint and Papers Ltd., Madras Vs. Appraiser, Madras Cus ...

Court : Chennai

Decided on : Sep-07-1987

Subject : Customs

Acts : Central Excise Act; Customs Tariff Act, 1975; Customs Act, 1962 - Sections 14, 25 and 25(1)

Reported in : 1988(15)ECC6; 1988(33)ELT22(Mad)

25 of the Customs Act, 1962 (52 of 1962), read with sub-clause (4) of Clause 45 of the Finance Bill, 1983, which clause has by virtue of the declaration made in the Bill under the provisional collection … for a writ of mandamus to direct the Union of India to grant exemption to the petitioner under Section 25 of the Customs Act, 1962 with regard to payment of auxiliary duty on items of machinery imported by

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Sep 07 1987

Tamil Nadu Newsprint and Papers Limited Vs. the Appraiser, Appraising ...

Court : Chennai

Decided on : Sep-07-1987

Subject : Customs

Reported in : 1988(14)LC548(Madras)

25 of the Customs Act, 1962 (52 of 1962), read with Sub-clause (4) of clause 45 of the Finance Bill, 1983, which clause has by virtue of the declaration made in the Bill under the Provisional collection … for a writ of mandamus to direct the Union of India to grant exemption to the petitioner under Section 25 of the Customs Act 1962 with regard to payment of auxiliary duty on items of machinery imported by

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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 … purpose. It is significant to note that the assessee was a company recognised by the Central Government under Section 25 of the Companies Act, 1956, and under its memorandum of association, the profit arising from any activity carried

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Sep 06 2005

Commissioner of Wealth-tax Vs. Malabar and Pioneer Hosiery P. Ltd.

Court : Kerala

Decided on : Sep-06-2005

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 16(1) and 25(2); Finance Act, 1983 - Sections 35(7), 40 and 40(3)

Reported in : (2006)200CTR(Ker)287; [2006]280ITR260(Ker)

converted into a kalyana mandapam. The Commissioner took the view that the exemption under Section 40(3)(vi) of the Finance Act, 1983, will be available if the assessee uses the building as a factory, godown, warehouse, hotel for the purpose … completed under Section 16(1) of the Act. Later on, the Commissioner of Wealth-tax revised the assessments under Section 25(2) of the Act. This was challenged before the Income-tax Tribunal. The Income-tax Tribunal set aside the order of

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Jan 27 1993

Northern India theatres (P.) Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jan-27-1993

Subject : Direct Taxation

Reported in : (1993)45ITD310(Delhi)

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

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May 27 1999

Mitsui and Company Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : May-27-1999

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 … fully, the Asstt. CIT asked the authorised representative of the deductor on 25th May, 1995, to furnish the remaining details by 30th May, 1995. However,

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