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Commissioner of Income-tax Vs. Sundaram Industries Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 37, 37(2A), 40, 40A(5), 45, 48 and 80J; Finance Act, 1983 - Sections 37(2A)

Reported in : (2000)158CTR(Mad)437; [1999]240ITR335(Mad)

expenditure prior to the insertion of Explanation 2 to Section 37(2A) of the Income-tax Act, 1961, by the Finance Act, 1983, with effect from April 1, 1976. Since the assessment year involved is 1974-75, the prior law would apply

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

Balsara Hygiene Products Ltd. and Another Vs. D.S. Saxena and Another

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 3, 30, 31, 32, 33, 34, 35, 36, 37, 37(3) and (3)A and 80B; Constitution of India - Articles 19 and 226; Finance Act, 1983 - Sections 17

Reported in : 1994(2)BomCR164; [1994]208ITR623(Bom)

declaration that the amendment made to section 37 of the Income-tax Act, 1961, by section 17(b) of the Finance Act, 1983, by inserting sub-sections (3A) to (3D) is bad in law, illegal, invalid and violative of the petitioners' fundamental

Commissioner of Income-tax Vs. Alleppey Co. Ltd.

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 35B, 35B(1), 37(2) and 37(2A); Finance Act, 1983

Reported in : (1994)116CTR(Ker)15; [1994]207ITR598(Ker)

to his employees in office, factory or other place of their work.'18. The Notes on Clauses of the Finance Act, 1983, explains the object of the amendment to the following effect (see [1983] 140 ITR 124):'Sub-clause (a)(ii) seeks to … buyers and the expenditure incurred in providing lodging to them is not entertainment expenditure for the purpose of Section 37(2) of the Income-tax Act, 1961 ?' 2. The respondent is the same assessee in all the four cases.

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)

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, Income-tax Vs. Ashok Kumar Manibhai Patel and Co.

Court : Madhya Pradesh

Subject : Direct Taxation

Reported in : (2008)214CTR(MP)344; [2009]317ITR386(MP)

from October 1, 1967, by the Taxation Laws (Amendment) Act, 1967 and Explanation 2 inserted therein by the Finance Act, 1983, retrospectively, with effect from April 1, 1976, while Sub-section (2B) was inserted with effect from April 1, 1970 … that in the fact and circumstances of the case, the Commissioner ignored the provisions of explanation 2 to Section 37(2A) of Income-tax Act 2. The facts which are essential to be stated are that the assessee is a

Commissioner of Income Tax, Bombay Vs. M/S. Indian Plastics Ltd., Bomb ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 37(2-A) and 256(1); Finance (Amendment) Act, 1983

Reported in : 2000(3)BomCR394; [1999]240ITR528(Bom); 1999(3)MhLj572

'entertainment expenditure' by insertion of Explanation 2 to sub-section (2-A) of section 37 of the Act by the Finance Act, 1983 with the retrospective effect from 1st April, 1976, Explanation 2 reads :'Explanation 2.---For the removal of doubts, it

Delhi Cloth and General Mills Co. Ltd. Vs. Commissioner of Income-tax

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 37, 37(2A) and (2B) and 80J; Income Tax Rules, 1962 - Rule 19A

Reported in : 1994IAD(Delhi)749; (1994)118CTR(Del)109; 1994(28)DRJ532; [1994]208ITR785(Delhi)

He further submitted that with the insertion of Explanationn 2 in section 37 of the Act by the Finance Act, 1983, all doubts regarding the scope of the expression 'entertainment expenditure' stand removed and expenditure on provision of hospitality

Commissioner of Income-tax Vs. Dalmia Cement Ltd. (No. 1)

Court : Delhi

Subject : Direct Taxation

Acts : Finance Act, 1983 - Sections 37(2A); Income Tax Act, 1961 - Sections 256(2)

Reported in : [1988]173ITR87(Delhi)

expenses' from Rs. 1,04,857 to 20,970 particularly in view of the Explanationn introduced in section 37(2A) by the Finance Act, 1983 ?' 3. The application is disposed of. No costs. - - 4 is concerned the Commissioner of Income-tax

Aeroplane Shoe Factory Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1989)28ITD478(Delhi)

further pointed out that a similar amendment by which Explanation 2 was inserted to Section 37(2A) by the Finance Act, 1983 had been expressly made retrospective from 1-4-1976 and, therefore, since in the amendment to Section 263(1) as mentioned