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Akash Coke Industries Pvt. Limited Vs. State of Bihar and ors.

Court : Patna

Subject : Sales Tax

Acts : Bihar Finance Act, 1981 - Sections 16(5) and 16(9); Central Sales Tax Act, 1956 - Sections 6, 6(1A), 9(2A) and 15; Bihar Sales Tax Rules, 1983 - Rule 35

may be provided in any law in force in that State.'Rule 35 of the Bihar Sales Tax Rules, 1983, has provided for refund of the State tax paid under the State law in respect of sale or … Taxes, Dhanbad, calling upon it to show cause as to why penalty Under Section 16(9) of the Bihar Finance Act (hereinafter referred to as 'the State Act') read with Section 9(2A) of the Central Sales Tax Act (hereinafter

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

Court : Kerala

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 … second order of the Tribunal dated October 18, 2000, is barred by limitation. According to counsel, under Section 35(7) of the Act, no amendment under this section shall be made after the expiry of four years. The

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 … its profit and loss account, the capital expenditure on scientific research and development which is fully deductible under Section 35 of the 1961 Act would be assessed to tax under this section.6. It was submitted on behalf of

K.M. Scientific Research Centre Vs. Lakshman Prasad and ors.

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10(21), 35, 35(1), 146, 147, 148, 154, 186, 254(2) and 263; Constitution of India - Article 226

Reported in : [1998]229ITR23(All)

of that association.' 13. Then with effect from April 1, 1984, the following proviso was added by the Finance Act, 1983: ' Provided that nothing contained in this clause shall apply if for any period during the previous year … petitioner applied to the prescribed authority, namely, Indian Council of Agriculture Research, for recognition for the purpose of Section 35(1)(ii) of the Act and the prescribed authority after due care and scrutiny gave its approval, vide Notification No.

Sedco Forex International Drill. Inc. and ors. Vs. Commissioner of Inc ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4(1), 5(2), 9, 9(1) and 119; ;Finance Act, 1999 - Sections 9(1); ;Finance Act, 1983

Reported in : AIR2006SC428; (2005)199CTR(SC)320; [2005]279ITR310(SC); JT2005(5)SC639; (2005)12SCC717

it stood then, could not be invoked.8. To overcome this decision, Section 9 (1)(ii) was amended by the Finance Act, 1983 with effect from 1.4.1979 to include an Explanation to Section 9(1)(ii) which read as follows:-'Explanation-For the removal of … employees who are residents of the United Kingdom. The schedule of work as specified in the agreements envisaged 35 days or 28 days work in a foreign location (in this case India) followed by 35 days or

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

Commissioner of Income-tax and anr. Vs. Sedco Forex International Dril ...

Court : Uttaranchal

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(45), 5, 9, 9(1), 17, 17(2), 209(1) and 234B; Finance Act, 1983; Finance Act, 1999

Reported in : (2004)186CTR(Uttranchal)144; [2003]264ITR320(Uttaranchal)

as non-residents are concerned, is taxable. That similarly, under Section 9(1)(ii) read with the Explanation (introduced by the Finance Act of 1983, with effect from April 1, 1979), income payable for service rendered in India is regarded as … contract he was required to work on oil rigs in Bombay High as per alternating time schedule of 35/28 days, i.e., on period followed by 35/ 28 days of off period in the U. K. Before the

T.M. Yusuf Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (1998)64ITD84(Mad.)

in the case of donation to approved institutions u/s 35CCA of the IT Act as amended by the Finance Act, 1983 conditions for claiming deduction are : (a) a certificate should be filed before the ITO that the programme … fresh opportunity of being heard to the assessee.2. The assessee had claimed deduction of Rs. 15 lakh under section 35CCA in respect of donation to M/s Sigma Medical Aid & Research Society (hereinafter referred to as SRS … assessee.2. The assessee had claimed deduction of Rs. 15 lakh under section 35CCA in respect of donation to M/s Sigma Medical Aid & Research Society

Commissioner of Income Tax 5 Mumbai Vs. M/S. Essar Teleholdings Ltd. T ...

Court : Supreme Court of India

Subject : Land Acquisition

be understood before correctly appreciating the nature and purport of Rule 8D. Section 14A was first inserted by Finance Act, 2001 with retrospective effect w.e.f. 01.04.1962. Section 14A as originally inserted reads as under:­ “14A. Expenditure incurred in … that effect inserted by amendment is either expressly or by necessary implication retrospective. (See CED v. M.A. Merchant.) 35. We would also like to reproduce hereunder the following observations made by this Court in Govind Das v.

M. Visvesvaraya Industrial Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2002)83ITD511(Mum.)

as short-term capital gains is not correct and the income is required to be assessed as business income. Finance Act, 1983, inserted w.e.f. 1st April, 1984, Sub-section (4A) to Section 11 which reads as under : "(4A) Sub-section (1) … main objects. The assessee was initially recognised as a scientific research Association or Institution within the meaning of Section 35(1) by the prescribed authority which recognition was, however, subsequently removed. At any rate, even if nothing under the