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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

R.M. Enterprises, Mittal Vs. First Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

our purpose, it would suffice to refer to Clause (c) of Sub-section (8) of Section 2 of the Finance Act, 1983, wherein the definition of an "industrial company" is given as under : " (c) ' industrial company * … in building construction activity would be eligible to claim investment allowance under Section 32A of the Act. (e) Section 33 of the Act deals with development rebate. Item (B) of Clause (b) of Sub-section (1) of that Section

Arun Kumar Vs. State of Bihar

Court : Patna

Subject : Sales Tax

Acts : Bihar Finance Act, 1981 - Sections 3, 4, 14, 17(5), 20(1), 25(3) and 33; Bihar Sales Tax Rules, 1983 - Rule 3(1), 3(3) and 3(4); Bihar Excise Act - Sections 22

Rules') and restraining the respondents from taking any steps including the proceeding under Section 17(5) of the Bihar Finance Act, 1981 for realisation of the sales tax for the aforesaid period.2. Subsequently, the petitioner also challenged the order … the provisions contained in Rule 3(4) of the Bihar Sales Tax Rules, 1983 (hereinafter referred to as 'the Rules') and restraining the respondents from taking … circle or sub-circle in which the dealer sells goods of their powers and functions conferred by or under Section 33 in respect of such a dealer.'17. According to Sub-rule (1), for every place of business at which goods

Ashoka and Company Vs. State of Bihar and ors.

Court : Patna

Subject : Sales Tax

Court.Surinder Sarup, J.15. I agree. Bihar Finance Act, 1981, Sections 33(5)(b) and 31(5)(a) - Bihar Sales Tax Rules, 1983, Rule 19--Constitution of India, Articles 226 and 227--Patna High Court Rules, 1916, Chapter XXI, Rules 3, 1-A and … to seize the items described in Annexure-2, in exercise of his power under Section 31(5)(a) of the Bihar Finance Act, 1981 (in short the Finance Act) and the order dated 5.10.94 (Annexure-6) passed under Section 33(5)(b) of the

Commissioner of Income-tax Vs. Pulikkal Medical Foundation Pvt. Ltd.

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10(22) and 10(22A); Taxation Laws (Amendment) Act, 1970

Reported in : [1994]210ITR299(Ker)

benefit of exemption as provided therein should not be allowed to the assessee.'19. Before the amendment by the Finance Act, 1983, with effect from April 1, 1984, the definition of the words 'charitable purpose' occurring in Section 2(15) of … in Clause (22) by different courts. Reference may be made to Circular No. 45 (see [1971] 79 ITR 33), dated September 2, 1970, which contains the explanatory notes on the provisions of the Finance Act, 1970. This

Assistant Commissioner of Vs. MexIn Medicaments (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (1997)61ITD209(Mum.)

total wealth of the assessee, holding that it is not a specified asset under section 40(3) of the Finance Act, 1983." 2. The assessee-company owns certain flats which were let out to a sister concern, M/s. IPCA Laboratories P. … 370 (Delhi).Even though the above decisions were given in the context of the claim for development rebate under section 33 of the I.T. Act, we find that they have laid down that when the assets are leased out,

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 … WTO(1989) 28 ITD 213 and Varadaraja Theaters (P) Ltd. vs. WTO (1989) 33 TTJ (Mad) 146 : (1989) 29 ITD 29 (Mad) were relied upon.

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 … WTO(1989) 28 ITD 213 and Varadaraja Theaters (P) Ltd. vs. WTO (1989) 33 TTJ (Mad) 146 : (1989) 29 ITD 29 (Mad) were relied upon.

Thirubhuvanam Silk Handloom Weavers' Co-operative Production and Sales ...

Court : Chennai

Subject : Trust and Societies

Reported in : (1992)2MLJ260

It is useful to notice that the Legislature of the State has enacted the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983) repealing the Tamil Nadu Co-operative Societies Act, 1961 (Tamil Nadu Act 53 … the ultimate authority of a registered society shall vest in the general body of its members and in Section 33 that the management of every registered society shall vest in a board constituted in accordance with the provisions … thereto by the Government, the Registrar or the prescribed authority or the financing bank, if such member is not a Government servant shall not exceed

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" … 1995. The notices are attached in the Department's paper book at pp. 33 to 48. Before the said compliance could be made on 6th November, … 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