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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 … an individual.23. Two English authorities, namely, Russell (Surveyor of Taxes) v.Aberdeen Town & County Bank 2 Tax. Cas. 321 and Usher's Wiltshire Brewery Ltd. v. Bruce (Surveyor of Taxes) 6 Tax. Cas. 399 provide a study in

Commissioner of Income Tax Vs. Dhall Enterprises and Engineers (P) Ltd ...

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32(1) and 42; Finance Act, 1995; Finance Act, 1966; Finance Act, 1983; Finance (No. 2) Act, 1991; Income Tax Rules, 1962 - Rule 5

Reported in : [2006]287ITR435(Guj)

plant was fixed at Rs. 750 (Rupees seven hundred fifty only) at that point of time. Subsequently, by Finance Act, 1983, the said ceiling has been increased to Rs. 5,000 (Rupees five thousand only).7. On 21st July, 1966, the … this Court:Whether the Tribunal was right in law and on facts in holding that the third proviso to Section 32(1) of the IT Act, 1961, would not be applicable in respect of the plant and machinery which cost

Commissioner of Income-tax Vs. Neyveli Lignite Corporation Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 32 and 37; Finance Act, 1983

Reported in : [2000]244ITR521(Mad)

the assessee. The parties are directed to bear their own costs. Direct Taxation - guest house - Sections 32 and 37 of Income-tax Act, 1961 and Finance Act, 1983 - whether circuit house of assessee can be … is supported by the subsequent legislative amendment inserting Sub-section (5) of Section 37 of the Act by the Finance Act, 1983, with effect from April 1, 1979. Under the provisions of Section 37(5) of the Act, for the removal

Commissioner of Income-tax Vs. Soundararaja Finance Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32, 32(1), 143(1) and 260A; Finance Act, 1995 - Sections 32; Finance Act, 1966; Finance (Amendment) Act, 1983

Reported in : [2006]283ITR559(Mad)

proviso as inserted by the Finance Act, 1966 with effect from April 1, 1966 and amended by the Finance Act, 1983 with effect from April 1, 1984, read as under :Provided that where the actual cost of any machinery … Revenue, who submitted that if the asset is used for less than 180 days, the third proviso to Section 32(1) would operate. Here the issue is related to the question that if the individual worth of the asset

Commissioner of Income-tax Vs. Kerala Electric Lamp Works Ltd. and Cro ...

Court : Kerala

Subject : Direct Taxation

Acts : Finance Act, 2001; Income Tax Act, 1961 - Sections 32 and 32(1)

Reported in : (2003)183CTR(Ker)182; [2003]261ITR721(Ker)

section as 'salary earned in India' An Explanation was added to Section 9(1)(ii) of the Income-tax Act by Finance Act, 1983, which was inserted with effect from April 1, 1979, as follows :'For the removal of doubts, it is … that Section 34(1) of the Income-tax Act obliges the Income-tax Officer to allow the deductions referred to in Section 32 only if the prescribed particulars have been furnished. The use of the words 'allowed' and 'allowance' in the

Cit Vs. Kerala Electric Lamp Works Ltd.

Court : Kerala

Subject : Direct Taxation

Reported in : [2003]129TAXMAN549(Ker)

as 'salary' earned to India An Explanation was added to section 9(1)(ii) of the Income Tax Act by Finance Act, 1983 which was inserted with effect from 1-4-1979 as follows :'Explanation.For the removal of doubts, it is hereby declared … 34(1) of the Income Tax Act, obliges the Income Tax Officer to allow the deductions referred to in section 32 only if the prescribed particulars have been furnished. The use of the words 'allowed and allowance in the

Commissioner of Income-tax Vs. Adyar Gate Hotel Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 32 and 32(1); Finance Act, 1983

Reported in : (2002)172CTR(Mad)255; [2001]252ITR129(Mad)

the prescribed percentage of the written down value of the assets on which depreciation was allowable. By the Finance Act 11 of 1983, with effect from April 1, 1984, the words 'but any such sum shall not be … R. Jayasimha Babu, J. 1. In Section 32(1)(v) of the Income-tax Act, 1961, as it stood prior to April 1, 1984, it had been provided that

S.P. Jaiswal Estates Pvt. Ltd. Vs. Commissioner of Income-tax (No. 2)

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Section 32, 32A and 32(1); ;Finance Act, 1983 - Section 2(7); ;Income Tax (Fourth Amendment) Rules, 1983

Reported in : (1994)122CTR(Cal)7,[1994]209ITR307(Cal)

this year too we find that the definition of industrial company as contained in Section 2(7)(c) of the Finance Act, 1983, is in pari materia with that contained in the Finance Act, 1982. We also find from the printed … of food in a hotel was manufacture or production of article of the nature as envisaged in Section 32A of the Income-tax Act, 1961 ? 2. Whether, on the facts and in the circumstances of the case,

Britannia Industries Ltd. Vs. Commissioner of Income Tax, West Bengal, ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 30 to 36, 37, 37(1), 37(3), 37(4), 37(5) and 80B; Finance Act, 1964 - Sections 37(3); Finance Act, 1970; Finance Act, 1997; Finance Act, 1983 - Sections 37

Reported in : AIR2005SC4333; (2005)198CTR(SC)313; [2005]278ITR546(SC); JT2005(12)SC98; 2005(8)SCALE148; (2006)1SCC646

(5) of the Income Tax Act, 1961, Section 37 (3) of Finance Act 1964 and Section 37 of Finance Act 1983 - Dispute with regard to disallowance of a sum of Rs. 31,38,017 for the assessment year 1994-1995, which … the items indicated above shall not include any expenditure in the nature of capital expenditure.5. Sections 31 and 32 deal with the amounts which are allowable in respect of repairs and insurance of machinery, plant and furniture

Malayala Manorama Co. Ltd. Vs. Commissioner of Income Tax, Trivandrum

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32(2), 32A(3), 33AC(1), 33AC(3), 35, 72(1), 73, 74, 74A(3), 80HHC, 80HHC(3), 80HHC(3A), 80HHD, 80HHD(3), 80J(3), 80VV, 80VVA, 115J, 115J(1), 115J(4), 115J(1A), 115JA and 154; Companies Act, 1956 - Sections 205, 205(1), 205(2), 211(2), 227 and 350; Finance Act, 1983; Finance Act, 1987; Income Tax Rules, 1962; ; ; Finance Act, 1989

Reported in : (2008)216CTR(SC)102; [2008]300ITR251(SC); JT2008(5)SC529; 2008(6)SCALE659; 2008AIRSCW3407

Act, 1961 (hereinafter referred to as 'the 1961 Act') when a ceiling was placed on allowances by the Finance Act, 1983 with effect from the Assessment Year 1984-85. However, the allowances unabsorbed, because of the restriction imposed by the … year to be carried forward to the subsequent year or years under the provisions of Sub-section (2) of Section 32 or Sub-section (3) of Section 32A or Clause (ii) of Sub-section (1) of Section 72 or Section 73