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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 … proviso. The Notes on Clauses appended to the Finance Bill, 1988 is also silent on this issue. Paragraph 54 of the memorandum explaining the provisions in the Finance Bill, 1988 merely states that under the existing provision

India Leather Corporation (P.) Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Subject : Direct Taxation

Acts : Finance Act, 1970 - Sections 2(6); Income Tax Act, 1961 - Sections 80E, 147 and 256(1)

Reported in : (1989)77CTR(Mad)18; [1989]179ITR170(Mad)

the assessee-company was not an industrial company within the meaning of clause 2(6)(c) of Chapter II of the Finance Act, 1970 ?' 2. The assessee is a private limited company and the assessment year we are concerned with … Ratnam, J.1. At the instance of the assessee under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the following question has been referred

Assistant Commissioner Of Income Tax (exemptions) Vs. Ahmedabad Urban ...

Court : Supreme Court of India

Subject : Land Acquisition

The judgment in Surat Art Silk .................................................................................................................. 11 D. Relevant changes brought about to the IT Act, 1961 (Finance Act, 1983 and 1991) ............................... 17 E. The judgment in Thanthi Trust .................................................................................................................. 18 F. Deletion of certain exemptions: Section … Arguments on behalf of the revenue.......................................................................................................... 22 B. Arguments of the assessee-organizations ................................................................................................. 26 C. Revenue’s rebuttal arguments................................................................................................................... 54 III. Analysis and reasoning ............................................................................................................................... 55 A. Aids to interpretation ................................................................................................................................ 62 (i) History of the legislation ..................................................................................................................

Commissioner of Wealth Tax Vs. Cosmopolitan Hospitals (P) Ltd.

Court : Kerala

Subject : Direct Taxation

Acts : Finance Act, 1983 - Sections 40, 40(2) and 40(3)

Reported in : (2003)185CTR(Ker)111; [2004]265ITR312(Ker)

under the WT Act, 1957 (for short 'the Act').2. The scope and ambit of Section 40(3)(vi) of the Finance Act, 1983, regarding the computation of net wealth of a closely-held company which was made liable to wealth-tax assessment as

Raghunath Dass Sethi Vs. Commissioner of Income Tax

Court : Punjab and Haryana

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 54; Finance Act, 1987

Reported in : (2004)191CTR(P& H)114; [2005]277ITR341(P& H)

justified in holding that Section 54 applies exclusively to individuals only and not to HUFs, particularly when the Finance Act, 1982, made a change in the law with regard to the applicability of Section 54 to individuals w.e.f. … short, 'the Tribunal'), has referred the following question of law arising out of its order dt, 26th Feb., 1983 for asst. yr. 1976-77, for the opinion of this Court :'Whether, in view of the facts and circumstances

Sri Madhusudan Mills Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Land Acquisition

Reported in : (1993)LC218Tri(Delhi)

and 49, ibid, with retrospective effect vide Notification No. GSR-74(E) dated 20-2-1982 read with Section 51 of the Finance Act, 1982. These amendments make it clear beyond doubt that duty is leviable on the goods consumed or utilised … been upheld by the Delhi High Court in the case of J.K. Cotton Spinning & Weaving Mills - 1983 (12) ELT 239 (Del.). While upholding the validity, Court has concluded that duty is leviable even on an

income-tax Officer Vs. Smt. Savita Rani

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1983)5ITD621(Delhi)

Matched in: Citation (1983)5ITD621(Delhi)

Boc India Ltd. Vs. State of Jharkhand and ors.

Court : Supreme Court of India

Subject : Sales Tax/VAT

Acts : Bihar Finance Act, 1981 - Sections 2, 13(1), 14, 14(2), 15, 16(9) and 54; Bihar Sales Tax Rules, 1983 - Rules 3(9), 6(1) and 6(4)

Reported in : 2009(237)ELT7(SC); JT2009(4)SC11; 2009(3)SCALE818; 2009(3)LC1119(SC); (2009)11VatReporter146; (2009)21VST490(SC)

Rules, 1983. Rules 3(9), 6(1)(b), 6(4) thereof read as under:3(9) (a) Every dealer to whom the provisions of Section 54 apply shall inform, in writing, the appropriate authority prescribed in Sub-rule (3) about the complete details necessitating action … for and was granted a registration certificate in terms of the provisions of Section 13(1)(b) of the Bihar Finance Act, 1981 (hereinafter called and referred to as, 'the Act'). The said certificate originally was granted on 16.3.1983. Indisputably,

Sri D. Anand Basappa Vs. the Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT

Subject : Direct Taxation

Reported in : (2004)91ITD53(Bang.)

business of the assessee at a place different from the place where such property was situated. 19.3 The Finance Act has made the following modifications in Section 54 of the Income Tax Act, namely-- i) The conditions of … terminology house or part of a house).It was further submitted that the language of Section 54 prior to 1983 and subsequent to 1983, so far as the exemption available under Section 54, the words "a residential house"

Sanghvi Reconditioners Pvt. Ltd. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Customs

Acts : Customs Act, 1962 - Sections 25(1), 28AB, 47, 54, 69, 127B, 127C, 127C(1), 127C(3), 127C(7), 127E, 127F, 127I, 127J, 127H and 127MA; Finance Act, 1996; Finance Act, 1998; Income Tax Act, 1961; Customs Tariff Act, 1975 - Sections 3; Customs (Compounding of Offences) Rules, 2005 - Rule 6; Constitution of India - Article 226

Reported in : 2010(251)ELT3(SC); JT2010(2)SC61; 2010(2)SCALE119; (2010)2SCC733; AIR2010SC1089

pertained to a period prior to April, 1995, when Section 28AB of the Act was inserted by the Finance Act, 1996, interest on delayed payment of duty could not be levied on the appellant.9. Being dissatisfied with the … that the appellant had clandestinely availed of benefit of import duty Exemption Notification No. 211/83-Cus dated 23rd July, 1983, as amended, on the import of multiple consignments of engineering cargo as 'Ship Spares'. Based on the material … customs duty was payable by virtue of the provisions contained in Sections 54 and 69 of the Act. Although, the amendment was allowed by the