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Khivraj Motors (P.) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Land Acquisition

Reported in : (1994)50ITD576(Mad.)

(P.) Ltd. 29 ITD 29 was distinguishable on facts. (iii) The 1988 amendment to Section 40(3) of the Finance Act, 1983 is not retroactive, but prospective in operation with effect from 1-4-1989. Therefore, the said amendment cannot help the

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 … have been so punishable if this section had not come into force." 29. From the aforesaid position, it is clear that Sec 51 of the

India Leather Corporation (P.) Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Subject : Direct Taxation

Acts : Finance Act, 1970 - Sections 2(6); Income Tax Act, 1961 - Sections 80E, 147 and 256(1)

Reported in : (1989)77CTR(Mad)18; [1989]179ITR170(Mad)

the assessee-company was not an industrial company within the meaning of clause 2(6)(c) of Chapter II of the Finance Act, 1970 ?' 2. The assessee is a private limited company and the assessment year we are concerned with … and a tannery at Tiruchy. The original assessment was completed on March 29, 1973, but on appeal, it was reduced to Rs. 6,95,620. Later, the … Ratnam, J.1. At the instance of the assessee under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the following question has been referred

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 … Schedule annexed to the 1963 Act.15. Powers and duties of the market committees (assessees) are set out in Section 29 of the 1963 Act. Section 29 of the 1963 Act, to the extent relevant herein, reads thus:29. Powers

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 … any other agency approved by the Commr. for Cooperation and Registrar CSMS, Pune.24. Again bringing our attention to Section 29 of the Maharashtra Co-operative Societies Act, 1960, which deals with restrictions on transfer or charge of share or

Assistant Commissioner of Wealth Tax Vs. Prasad Productions (P) Ltd.

Court : Chennai

Subject : Direct Taxation

Reported in : (1997)57TTJ(Mad)400

silver collected from the dust and flakes is not asset within the meaning of s. 40 of the Finance Act, 1983, so that it can be included in the net wealth of the assessee. The CWT(A) by the impugned … Theatres (P) Ltd. vs. WTO (1989) 33 TTJ (Mad) 146 : (1989) 29 ITD 29 (Mad), it can be held that the aforesaid provision is … metal or alloy held for use as raw material in industrial production has been included in the said section w.e.f. 1st April, 1989. Further from 1st April, 1989, a proviso was introduced to the said section, which

Commissioner of Income-tax Vs. Ronald William Trikard and Others

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(25A) and (45), 4, 5, 5(2), 9, 9(1) and 293A; Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 - Sections 3, 6, 6(6), 7 and 7(7)

Reported in : [1995]215ITR638(Mad)

areas have always been a part of the territory of India would render the notification redundant. (3) The Finance Act, 1981, introduced section 293A in the Income-tax Act. The said section, inter alia, empowers the Central Government to … [1983] 142 ITR 11), with effect from October 5, 1963, when article 297 of the Constitution of India was amended by the Constitution (Fifteenth Amendment) … Somasundaram, J. 1. All these tax cases relate to the assessment year 1983-84. The assessee are foreigners and non-residents employed by Sedco International S. A., a non-resident company. Sedco International was

industrial Packers and Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Subject : Direct Taxation

Reported in : (1995)52ITD1(Pat.)

year 1986-87.5. The Id. counsel for the assessee conceded fairly that Section 43B had been inserted by the Finance Act, 1983 with effect from 1-4-1984, but since Section 29 was amended only with effect from 1-4-1989 to include Section

Naveen Hotels Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT

Subject : Direct Taxation

doing hotel business was, in fact, a specified asset attracting wealth-tax liability as contemplated in s.40(3)(vi)(b) of the Finance Act, 1983. He fixed the value at Rs. 8 lakhs, as per assessee's books, and held that the same should … whether the assessee is entitled to the exemption provided for in s. 40(3)(vi) of the Finance Act, 1983. Sec. 40 of the Finance Act, 1983, reads as under : "40. Revival of levy of wealth-tax in the … Theaters (P) Ltd. vs. WTO (1989) 33 TTJ (Mad) 146 : (1989) 29 ITD 29 (Mad) were relied upon. But the CWT did not agree

Naveen Hotels Ltd. Vs. Deputy Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT

Subject : Land Acquisition

Reported in : (1997)57TTJ(Bang.)241

doing hotel business was, in fact, a specified asset attracting wealth-tax liability as contemplated in s.40(3)(vi)(b) of the Finance Act, 1983. He fixed the value at Rs. 8 lakhs, as per assessees books, and held that the same should … whether the assessee is entitled to the exemption provided for in s. 40(3)(vi) of the Finance Act, 1983. Sec. 40 of the Finance Act, 1983, reads as under : "40. Revival of levy of wealth-tax in the … Theaters (P) Ltd. vs. WTO (1989) 33 TTJ (Mad) 146 : (1989) 29 ITD 29 (Mad) were relied upon. But the CWT did not agree