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Nov 18 1998

State of Bihar and ors. Vs. Steel City Beverages Ltd. and anr.

Court : Supreme Court of India

Decided on : Nov-18-1998

Subject : Sales Tax

Acts : Bihar Sales Tax Supplementary (Deferment of Tax) Rules, 1990 - Rules 2 and 3; Bihar Sales Tax Rules, 1983 - Rule 42(7); Income Tax Act, 1961; Bihar Finances Act, 1981 - Sections 58(1);

Reported in : 1998VIIIAD(SC)371; AIR1998SC235; 1999(1)BLJR10; [1999]235ITR131(SC); JT1998(8)SC49; (1999)IIMLJ15(SC); 1998(6)SCALE184; (1999)1SCC10; [1998]Supp3SCR5; [1999]112STC185(SC)

units going for expansion that the State Government in exercise of the powers conferred by Sub-section (1) of Section 58 of the Bihar Finance Act, made the Deferment Rules. An examination of these discloses that they provide for … is engaged in the business of manufacturing soft-drinks and beverages. It is a registered dealer under the Bihar Finance Act, 1981. It filed a writ petition being Civil Writ Jurisdiction Case No. 1118 of 1992, through its Director-respondent … to accord permission Under Rule 42(7) of the Bihar Sales Tax Rules, 1983 and exempt it from using Form No. XXVIII-B. While the petition was

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Jan 04 1996

Reserve Bank of India and Others Vs. Peerless General Finance and Inve ...

Court : Supreme Court of India

Decided on : Jan-04-1996

Subject : CommercialBanking

Acts : Reserve Bank of India Act, 1934 - Sections 45-K(3); Constitution of India - Articles 14, 19(1), 32 and 363; Indian Companies Act, 1913; Life Insurance Corporation Act, 1956; Banking Regulation Act, 1949; Companies (Amendment) Act, 1974; Companies Act, 1956; Prize Chits and Money Circulation Schemes (Banning) Act, 1978; Banking Act, 1987

Reported in : 1996IAD(SC)774; AIR1996SC646; [1996]85CompCas920(SC); JT1996(1)SC8; 1996(1)SCALE13; (1996)1SCC642; [1996]1SCR58

High Court dated May 3, 1995, is in the third round of the litigation between the Peerless General Finance & Investment Company Ltd. (hereinafter referred to as 'Peerless') and the Reserve Bank of India (hereinafter referred to … 'the Bank').3. Peerless was incorporated in 1932 as a limited company under the provisions of the Indian Companies Act, 1913 with the name Peerless General Insurance and Investment Company Ltd. It was carrying on life insurance business. … institutions receiving deposits and financial institutions was inserted in the Act. In Section 45-I various expressions, viz., 'Company', 'Corporation', 'Deposit', 'Financial institution', 'firm' and 'non-banking … of these companies, the Companies (Amendment) Act, 1974 was enacted and Sections 58-A and 58-B were inserted in the Companies Act, 1956. Section 58-A makes

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Apr 02 1996

Deputy Commissioner of Vs. British Motor Car Co. Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Apr-02-1996

Subject : Land Acquisition

Reported in : (1996)57ITD565(Delhi)

charge against the asset, viz., 'Pratap Building'. Drawing our attention to the provisions of section 40 of the Finance Act, 1983, it was argued that since a part of the asset was taxable it is only the proportionate debt, … Delhi, there is an equitable mortgage of the property in question, namely, Pratap Building. Mortgage as defined in section 58 of the Transfer of Property Act reads as under :- "58. "Mortgage". A mortgage is the transfer of

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Jul 11 1995

Bachhraj Factories Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jul-11-1995

Subject : Direct Taxation

Reported in : (1996)56ITD225(Mum.)

Before the CIT (Appeals) the assessee submitted that it had paid this tax under Section 40 of the Finance Act, 1983 and that the Explanation to Section 40(a)(iia) specifically excludes any tax chargeable with reference to the value of … (iia) means that it is the wealth-tax chargeable under the Wealth-tax Act. In our view, Sub-section (1A) of Section 58 clearly excludes any deduction as claimed.9. The ld. counsel, however, submitted that the aforesaid finding of the Supreme

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May 27 1999

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

Court : Delhi

Decided on : May-27-1999

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 … interpreted by the Hon'ble Patna High Court recently in a Full Bench decision in AIR 1996 Pat FB 58 wherein the Court defined 'reasonable cause' as a cause which prevents a reasonable man of ordinary prudence acting

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Apr 04 2014

Hitendra Singh Bhupendrasingh and ors. Vs. Dr.P.D.Krishi Vidyapeeth by ...

Court : Supreme Court of India

Decided on : Apr-04-2014

Subject : Education

terms of Maharashtra Act No.XXXII of 2013 the Maharashtra State legislature has amended Maharashtra Agricultural Universities (Krishi Vidyapeeths) Act, 1983. Section 58 of the principal Act as substituted by Act XXXII aforementioned provides that no person shall be appointed by … to cause to inquiry to be made in like manner regarding any matter connected with the administration or finances of the University.2) The Chancellor shall, in every case, give due notice to the University of his intention

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Oct 10 2007

Reserve Bank of India Vs. Pattem Surya Prakash Rao and ors.

Court : Andhra Pradesh

Decided on : Oct-10-2007

Subject : Banking

Acts : Constitution of India - Articles 14, 19, 21, 162, 226 and 301; Deposit Insurance Corporation (Amendment) Act, 1968; Banking Regulation Act, 1949 - Sections 2, 5, 5(1), 11, 11(1), 13A, 13D, 18, 21, 22, 22(3), 22(3A), 22(4), 22(5), 24, 35, 35A, 36, 36A, 36(1), 38, 45K(3), 45W, 56, 115A and 115B; Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995 - Sections 36A and 41(1); Andhra Pradesh Cooperative Societies Act, 1964 - Sections 64, 65, 66, 115A and 115B; Depositors Insurance and Credit Guarantee Corporation Act, 1961 - Sections 2, 13D, 22, 35(4) and 36; Companies Act, 1956 - Sections 58A and 235; Banking Laws (Application to Co-operative Societies) Act, 1965; Reserve Bank of India Act, 1934 - Sections 42(3A); Cooperative Societies Rules; Bengal Money Lenders Act; Govern

Reported in : 2007(6)ALT563

and not the merits of the decision. The learned Senior Counsel in this regard relied upon Peerless General Finance and Investment Company Private Limited v. Reserve Bank of India : 1991CriLJ1391 .6. The position of Charminar Cooperative … was converted into a Mutually Aided Cooperative Society under the provisions of Andhra Pradesh Mutually Aided Co-operative Societies Act 1995 (for short 'the 1995 Act') on 9.4.1997. On 23.9.1998 it was granted licence to carry on banking … On 23.9.1998 it was granted licence to carry on banking business under Section 22 of the Banking Regulation Act 1949 (for short 'the 1949 Act'). … judgment in Ganesh Bank 2007 (1) SCJ 314 : 2006 (8) SCALE 588 wherein it was held that the present trend of judicial opinion is

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Nov 25 2002

The Commissioner of Income-tax Vs. Investment Trust of India Ltd.

Court : Chennai

Decided on : Nov-25-2002

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32A, 37, 37(3A) and 37(3B); Companies Act, 1956 - Sections 58A and 58A(4); Finance Act, 1983; Companies (Acceptance of Deposits) Rules, 1975; Madhya Pradesh Co-operative Societies Act, 1960 - Sections 49C

Reported in : (2003)182CTR(Mad)70; [2003]264ITR506(Mad)

expenditure is allowable as business expenditure. Sub-section 3A of section 37 of the Income-tax Act was inserted by Finance Act, 1983 with effect from 1.4.1984 and under section 37(3A), any expenditure incurred on advertisement, publicity and sales promotion would … other hand, submitted that the assessee had incurred expenditure on advertisements in compliance of the provisions of section 58A of the Companies Act, 1956 and the amount spent on advertisements is allowable as business expenditure. He submitted

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Oct 19 2022

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

Court : Supreme Court of India

Decided on : Oct-19-2022

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 … No._____/2022 @ SLP(C) No.7779/2018; C.A. No._____/2022 @ SLP(C) No.4678/2021; C.A. No._____/2022 @ SLP (C) No._____/2022 @ Diary No(s). 5806/2021; C.A. No._____/2022 @ SLP(C) No.4636/2021; C.A. No._____/2022 @ SLP(C) No.4723/2021; C.A. No._____/2022 @ SLP (C) No._____/2022 @ Diary

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Jul 23 2013

Dalmia Cement (Bharat) Ltd. Vs. Commissioner of Income Tax

Court : Delhi

Decided on : Jul-23-2013

Subject : Direct Taxation

Minister (1983-84). Section 43B was introduced into the said Act for the first time by virtue of the Finance Act, 1983 with effect from 01.04.1984. In the said Budget Speech of the Finance Minister, the following reason had been … THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:23. 07.2013 ITR NO. 58/1997 DALMIA CEMENT (BHARAT) LTD. ... Petitioner versus COMMISSIONER OF INCOME TAX ... Respondent Advocates who appeared in this

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