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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 … activities referred to in clause (a) or clause (b). 12. In paragraph 38 of the common order, the Tribunal has given eight valid reasons for … 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

Commissioner of Income-tax, New Delhi Vs. Eli Lilly and Company (India ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 4, 4(1), 4(2), 5, 5(2), 9, 9(1), 14, 15, 30 to 38, 40, 90, 90A, 115A, 115B, 115BB, 115BBB, 115E, 132(5), 133A, 159A, 160, 160(1), 161, 162, 163, 164, 164A, 167B, 172(4), 174(2), 175, 176(2), 190, 191, 192, 192(1), 192(1A), 192(2), 193, 194, 194A, 194B, 194BB, 194D, 200, 200(1), 200(3), 201, 201(1), 201(1A), 203, 203A, 204, 206, 221, 271(1), 271A, 271AA, 271B, 271BA, 271BB, 271C, 271C, 271CA, 271E, 271F, 271FA, 271FB, 271G, 272A, 272AA(1), 272BB(1), 272BB(1A), 272BBB(1), 273(2), 273B and 276B; Companies Act, 1956; Finance Act, 1983; Finance Act, 1999; Income Tax Act, 1922 - Sections 4 and 42(1); Income Tax Rules, 1962 - Rules 36A, 37 and 114A; Constitution of India - Article 245

Reported in : 2009BusLR418(SC); (2009)223CTR(SC)20; [2009]312ITR225(SC); JT2009(5)SC78; 2009(4)SCALE384; [2009]178TAXMAN505(SC); 2009(4)LC1742(SC); 2009AIRSCW3104

services rendered in India. According to the learned Counsel, the insertion with retrospective effect from 1.4.1979 by the Finance Act, 1983, however, was not all inclusive. According to the learned Counsel, despite the said Amendment, amounts paid to foreign … India.Amounts not Deductible.-Section 40Notwithstanding anything to the contrary in Sections 30 to 38, the following amounts shall not be deducted in computing the income chargeable … manufacturing and selling pharmaceutical products during the financial years 1992-93 to 1999-00. In the course of survey under Section 133A of the Income-tax Act, 1961 ('1961 Act' for short), the AO noticed that the foreign company had

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

A.P. State Civil Supplies Corpn. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : MRTP

Reported in : (1991)37ITD1a(Hyd.)

of the Memorandum of Association. (iv) Clause (b) of Sub-section (4A) of Section 11 as introduced by the Finance Act, 1983, stipulated that unless the business is carried on by an institution wholly for charitable purposes and the work … for which it was established; (ii) He also upheld the claim of the assessee for deduction of Rs. 38,32,099 being the 2% contribution to Price Stabilisation/Equalisation Fund from its income; and (b) However, he dismissed the plea

Mitsui and Company Ltd. Vs. Deputy Commissioner of Income Tax

Court : Delhi

Subject : Direct Taxation

Reported in : (1999)65TTJ(Del)1

Explanationn in section 9(ii) of the Income Tax Act, 1961, with effect from 1st April, 1979 by the Finance Act, 1983, it is clarified and declared that the income which falls under the head 'salaries' payable for services rendered … a clear recognition of the fact that a designated area is not part of U.K. and in particulars. 38(6) of Finance Act, 1973, does not deem it so for income-tax purposes. It was finally held by the

Lloyds Insulations (India) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2002)80ITD465(Delhi)

assessee is entitled to deduction from his income in respect of wealth-tax paid under Section 40 of the Finance Act, 1983.2. The assessee had claimed deduction of Rs. 97,700 and Rs. 1,07,731 for asst. yrs. 1991-92 and 1992-93, respectively, … as one with the WT Act." 40, Amounts not deductible.--Notwithstanding anything to the contrary in Sections 30 to 38, the following amounts shall not be deducted in computing the income chargeable under the head 'Profits and gains

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (2007)288ITR226(Hyd.)

Concerns P. Ltd. 272 ITR 177-Mad. examining the retrospective or otherwise nature of Amendment of Section 40 of Finance Act, 1983 by Finance Act, 1988, for purposes of Wealth Tax Act, the Hon'ble Madras High Court held- The test … Income-tax, Eighth Edition (revised by Hon'ble Supreme Court Justice Mr. S. Ranganathan) Vol. I at page 57 under Section 38 with the head note 'Retroactive Legislation' and Chatuvedi & Pithisaria's 'Income-tax Law' Fourth Edition, 1990 Vol.1 at page

K. Marappan Vs. the Deputy Registrar of Co-operative Societies and the ...

Court : Chennai

Subject : Trusts and SocietiesConstitution

Acts : Tamil Nadu Co-operative Societies Act, 1983 - Sections 9, 12, 14, 26(1), 33, 33(4), 35, 35(1), 68, 72, 73, 74, 75, 75(3), 76, 77, 88, 88(2), 98 and 181; Companies Act; Uttar Pradesh Co-operative Societies Act, 1965 - Sections 38, 38(1), 38(2) and 122; Uttar Pradesh Co-operative Land Development Bank Act, 1964 - Sections 30; Bombay Trusts Act; Industrial Disputes Act; Minimum Wages Act; Factories Act; Air (Prevention and Control of Pollution) Act, 1981; Water (Prevention and Control of Pollution) Act, 1974; Andhra Pradesh Co-operative Societies Act; West Bengal Co-operative Societies Act, 1983 - Sections 80, 80(1), 82, 87 and 87(3); Constitution of India - Articles 12, 14, 21, 226 and 227; Contract and Employment Service Rules; Uttar Pradesh Co-operative Land Development Bank R

Reported in : [2006]134CompCas204(Mad); 2006(4)CTC689; 2006(4)KLT667; (2006)4MLJ641

he is. The respondent Bank's main object is to raise funds to finance its members. It has its own funds. It is entitled to raise … falls for our consideration is as to whether a co-operative society registered under the Tamil Nadu Co-operative Societies Act, 1983 (hereinafter for the sake of brevity referred to as the 'Act') is a private body or falls within … from service was taken by the society in accordance with the opinion of the Registrar, in terms of Section 38(1) of the U.P. Co-operative Societies Act. Section 38 provides for removal of an officer of a cooperative society

Collector of Central Excise Vs. Belapur Sugar and Allied

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Excise

Reported in : (1986)(6)LC52Tri(Delhi)

not arise since it Was issued under the provisions of the Finance Act, 1982, and by virtue of Section 38 of the Central Excises and Salt Act, the notification became part of the Act. (When, however, it was … notification was issued, in the place of Clause 50(4) of the Finance Bill, 1882, Section 50(4) of the Finance Act, 1982 was substituted. Second, para 4 (reproduced earlier) was substituted by the following para- "Where production during May … why he disallowed the balance of the claim. On or about 10-10 1983, the respondent filed a submission before the Assistant Collector, Ahmednagar, claiming the

Birbhum District Central Cooperative Bank Ltd. Vs. All Bengal Cooperat ...

Court : Kolkata

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Section 17; ;West Bengal Co-operative Societies Act, 1983 - Section 42; ;West Bengal Co-operative Societies Act, 1987; ;West Bengal Co-operative Societies, 1987 - Rules 108

Reported in : (1996)ILLJ138Cal

the petitioners to be found in various statutory provisions including Section 42 of the West Bengal Co-operative Societies Act, 1983 and the Rules framed thereunder. It is submitted that the Tribunal had sought in fact to exercise the … of a Co-operative Society: (1) A co-operative society shall appoint, subject to the provisions of sub-s. (5) of Section 38, such officers and other employees as may be sanctioned by the Registrar to assist the cooperative society in … necessarily affect the writ petitioners particularly as far as the question of finances was concerned. It is prayed that the award having been passed without