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Commissioner of Income-tax Vs. Achaldas Dhanraj and Sanklecha Brothers

Court : Rajasthan

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 43B; Sales Tax Act; Finance Act, 1987

Reported in : (1995)128CTR(Raj)325; [1996]217ITR799(Raj)

submission of learned counsel for the Revenue is that the amendment in Section 43B was made by the Finance Act, 1988, and was effective from April 1, 1989. The Tribunal has erred in giving retrospectivity to the said … April 1, 1988, are retrospective and are applicable to the assessment year under consideration, i.e., the assessment year 1984-85 ?' 4. The facts of Sanklecha Brothers are that the assessment in this case was completed under Section … course, it must be gathered from the statute itself, next from the preamble to the statute, next from the Statement of Objects and Reasons, thereafter

Everett (India) Pvt. Ltd. Vs. the Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Subject : Land Acquisition

Reported in : (1985)LC358Tri(Kol.)kata

same are the orders passed under Section (old) 128 of the Customs Act, 1962 and provisions of the Finance Act, 1984 for transferring the appeal to the Central Government arc not applicable in this case as the order was … appeal on the ground that the appellant filed a revision application to the Central Govt., and as per preamble of the order passed by the Appellate Collector of Customs, the appellant was to file only one revision … 1. M/s. Everett (India) Pvt. Ltd., 4, Govt. Place North, Calcutta-700 001 has

C.i.T. Jodhpur Vs. Achaldas Dhanraj and anr.

Court : Rajasthan

Subject : Direct Taxation

Reported in : 1995(2)WLN208

of the learned Counsel for the Revenue is that the amendment in Section 43B was made by the Finance Act, 1988 and was effective from 1.4.1988. The Tribunal has erred in giving the retrospectivity to the said amendment … of course,it must be gathered from the statute itself, next form the preamble to the statute, next from the statements of Objects and Reasons, there … with effect form 1.4.1988 are retrospective and are applicable to assessment year under consideration i.e. the assessment year 1984-85.4. The facts of M/s. Sanklecha Brothers are that the assessment in this case was completed under Section. 143(3)

Evrett (India) Pvt. Ltd. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Subject : Land Acquisition

Reported in : (1985)(19)ELT421Tri(Kol.)kata

above 7 appeals as the same are the orders passed under Section (old) 128of theCustomsAct, 1962and provisionsof the Finance Act, 1984 for transferring the appealto theCentralGovt.are not applicable in this case as the order was passed by the AppellateCollector … on the ground that the appellant had filed a revision application to the Central Govt. and as per preamble of the order passed by the Appellate Collector of Customs, the appellant was to file only one revision … 1. M/s. Evrett (India) Pvt. Ltd., 4, Govt. Place North, Calcutta-700001 has filed

Naveen Hotels Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT

Subject : Direct Taxation

doing hotel business was, in fact, a specified asset attracting wealth-tax liability as contemplated in s.40(3)(vi)(b) of the Finance Act, 1983. He fixed the value at Rs. 8 lakhs, as per assessee's books, and held that the same … 1. The appeals filed by the assessee relate to asst. yrs. 1984-85 to 1988-89. Since common issue is involved in all these appeals, they are heard together and are being … it was a business undertaking. In view of various clauses in the preamble to the agreement and also the findings of the Dy. CIT(A)'s order

Tube Investments of India Ltd. Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (1990)34ITD397(Mad.)

accretions during the assessment years 1977-78 to 1982-83 came to Rs. 30,50,000. In 1983-84 under the provisions of Finance Act, 1984, Sections 40A(9), (10) and (11) are inserted. These provisions are retrospective in operation and the Legislature made them … Deed dated 27-12-1970, a copy of which is furnished... The object of the trust as stated in the preamble is to promote, support, advance, assist or otherwise whether by grant or payment of money or loans and … 1. These are two appeals preferred by the assessee. They relate to the

iCiCi Ltd. Vs. M.F.V. 'Shilpa' and Ors.

Court : Mumbai

Subject : CommercialBanking

Acts : Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 2, 17, 17(1), 18 and 34; General Clauses Act - Sections 3(42); Debt Recovery Tribunal Act; Merchant Shipping Act, 1958 - Sections 51; Merchant Shipping Act, 1993; Evidence Act - Sections 41

Reported in : AIR2002Bom371; 2002(2)ALLMR191; 2002(1)BomCR724; 2002(2)MhLj563

Act or the rules made there under shall be inaddition to, and not in derogation of, the Industrial Finance CorporationAct, 1948, the State Financial Corporation Act, 1951, the Unit Trust ofIndia Act, 1963, the Industrial Reconstruction Bank … this Court. It is further urged that it is clear from the preamble of the D.R.T. Act that the Act has been brought into force … D.K. Deshmukh, J. 1. This is a suit filed by the plaintiff financial institution which claims … State Financial Corporation Act, 1951, the Unit Trust ofIndia Act, 1963, the Industrial Reconstruction Bank of India Act, 1984,and the Sick Industrial Companies (Special Provisions) Act, 1985.' It is to be seen that the present suit has

income-tax Officer Vs. Tube Investments of India Ltd.

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (1990)32ITD172(Mad.)

accretions during the assessment years 1977-1978 to 1982-83 came to Rs. 30,50,000. In 1983-84 under the provisions of Finance Act, 1984, Sections 40A(9), (10) and (11) are inserted. These provisions are retrospective in operation and the Legislature made them … 27-12-1979, a copy of which is furnished to me. The object of the trust as stated in the preamble is to promote, support, advance, assist or otherwise whether by grants or payment of money or loans and … 1. This is Revenue's appeal for the assessment year 1982-83. The brief facts

Bapuji Educational Association Vs. State Overruled

Court : Karnataka

Subject : Constitution

Acts : Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 - Sections 2, 2(9), 3, 4(2), 5, 5(1), 5(5), 6(1), 6(2) and 9; Constitution of India - Articles 14, 19, 19(1), 19(6), 21, 30, 31A, 31A(1), 31C, 39, 226, 300 and 300A

Reported in : AIR1986Kant119

are in this petition concerned with a Medical College, and it is well known that it requires considerable finance to maintain such an institution. If the State has to spend money on it, is it unreasonable that … colleges in the State, have questioned the constitutional validity of the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 ('the Act' for short) and orders issued thereunder, the following main question arises forconsideration :Where the fundamental rights … the provisions of the Act are similar to that of Ordinance.2. The Preamble to the Act and some of the sections, the constitutional validity of … constitutional validity of the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 ('the Act' for short) and orders issued thereunder, the following main question

Silver Cloud Tea Factory and Another Vs. Union of India and Another

Court : Chennai

Subject : Constitution

Acts : Tea Act, 1953 - Sections 30(3) and (5); Constitution of India - Articles 14, 19, 245, 301 and 302; Tea (Marketing Control) Order, 1984 - Sections 17; Indian Partnership Act; Tea Board Act, 1949 - Sections 2 and 10; A.P. (Agricultural Produce and Livestock) Markets Act; The Tea (Distribution and Export) Control Order, 1957; The Tea Waste (Control) Order, 1959; Essential Commodities Act, 1955 - Sections 3

Reported in : AIR1994Mad283

IV provides for the control over the export of tea and tea seeds, Chapter V deals with the finance, accounts and audit. Chapter VI deals with the control by the Central Government. Section 30 occurs in Chapter … the first responent, culminating in the issue of Tea Marketing Control Order, 1984 (hereinafter referred to as the Control Order). Writ Petition 1442 of 1986 … List in Schedule Seven of the Constitution. It is clear from the preamble to the Act that it is an Act to provide for the … of 1986 has been filed by the 1st appellant for a declaration that Section 30(3) of the Tea Act, 1953 (hereinafter referred to as the Act), is null and void. In W.P. No. 1443 of 1986 the … the common order dated 2-8-1987 dismissing writ petitions 1442 to 1444 of 1986. Writ petition No. 1444