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Director of Income-tax (Exemptions) Vs. Sheth Mafatlal Gagalbhai Found ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 11, 11(1), 11(2), 11(4A), 11(5), 12, 13, 13(1), 161(1A), 164, 164(1) and 164(2); Finance Act, 1984; Direct Tax Laws (Amendment) Act, 1987; Direct Tax Laws (Amendment) Act, 1989

Reported in : [2001]249ITR533(Bom)

was omitted by the Direct Tax Laws (Amendment) Act, 1987. However, the Legislature inserted a proviso by the Finance Act, 1984, with effect from April 1, 1985. By the said proviso, it is, inter alia, laid down that where … law which arises for determination in the above group of appeals is as follows : 'Whether violation of Section 11(5) read with Section 13(1)(d) by the assessee-trust attracts maximum marginal rate of tax on the entire income

Ambika Nahar Exports and anr. Vs. Commissioner of Customs (Port) and o ...

Court : Kolkata

Subject : Customs

Acts : Customs Act, 1962 - Sections 28, 125, 128, 128A, 129A to 129E, 130, 130A and 130E; ;Finance Act, 1984 - Section 40; ;Customs Tariff Act, 1975; ;Customs and Central Excises Laws (Amendment) Act, 1988; ;Customs and Excise Revenues Appellate Tribunal Act, 1986 - Section 3; ;Central Excise Act, 1944 - Section 35F; ;Income Tax Act, 1961 - Sections 254(1), 254(2), 256 and 256(1); ;Indian Income Tax Act, 1922 - Sections 33(4) and 66(1); ;Indian Penal Code (IPC), 1860 - Sections 193, 196 and 228; ;Code of Criminal Procedure (CrPC) , 1973 - Section 195; ;Code of Civil Procedure (CPC) , 1908; ;Constitution of India - Article 226

Reported in : 2007(3)CHN625

the first proviso to Sub-section (1), which is pending immediately before the commencement of Section 40 of the Finance Act, 1984, before the Appellate Tribunal and any matter arising out of or concerned with such appeal and which is

industrial Finance Corporation of India Vs. Official Liquidator, Amrut ...

Court : Gujarat

Subject : Company

Acts : Companies Act, 1956 - Sections 529 and 529(1); Companies (Court) Rules, 1959 - Rules 272, 273 and 274; Industrial Finance Corporation of India Act, 1948 - Sections 30, 30(12) and 40(12); Industrial Reconstruction Bank of India Act, 1984 - Sections 40; Code of Civil Procedure (CPC)

Reported in : [2000]102CompCas253(Guj)

respondents along with the Textile Labour Association (TLA) as respondent. One of the said secured creditors is Industrial Finance Corporation of India (IFCI).3. The said secured creditor of Amruta Mills (IFCI) has filed this Misc. Application No. … of India (IRBI) purporting to be an application under Section 40 of the Industrial Reconstruction Bank of India Act, 1984. It is the claim of the applicant that by letter dated December 3, 1986, Nutan Mills had asked … S.D. Pandit, J. 1. The company applications in all these matters are filed by the official

Aspinwall and Co. Ltd. Vs. Deputy Commissioner of Income Tax

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 30 to 39, 40A, 40A(1), 40A(7), 40A(9), 43A and 43B; Finance Act, 1984 - Sections 40A; Societies Registration Act, 1860; Kerala Coir Workers' Welfare Fund Act; Income Tax Rules - Rules 75, 87 and 88

Reported in : (2007)207CTR(Ker)475

the assessment years in question in view of the insertion of Sub-section (9) to Section 40A of the Finance Act, 1984 with retrospective effect from 1st April, 1980.4. We have therefore, to examine whether the insertion of Sub-section (9) … K.S. Radhakrishnan, J.1. Aspinwall & Co. Ltd. is the appellant in IT Appeal Nos. 21 and 25 of 1999 and Aspinwall & Co. (Travancore) Ltd. is the appellant in IT Appeal No. 30 of 1999.2. Questions raised

Commissioner of Income Tax Vs. Khoday Industries Ltd.

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 256(1), 263, 119, 119(1), 119(2), 404(4); Finance Act, 1984 - Sections 8(c); Finance Act, 1985; Finance Act, 1966 - Sections 2(7)

Reported in : [2006]285ITR523(KAR); [2006]285ITR523(Karn)

rival contentions, it is necessary to have a look at the relevant provision as provided under Section 8(c), Finance Act, 1984, and the Finance Act, 1985, which reads as follows:8(c)-'industrial company' means a company which is mainly engaged in … Revenue, the Tribunal, Bangalore has referred the following question of law under Section 256(1) of the IT Act, 1961 (for short, hereinafter referred to as the 'Act') for our opinion:1. Whether, on the facts and in the

Assistant Director of Inspection Investigation Vs. Kum. A.B. Shanthi

Court : Supreme Court of India

Subject : ConstitutionDirect Taxation

Acts : Income-tax Act, 1961 - Sections 44AC, 206C, 269SS, 271D, 273B, 276DD, 269T and 269T(1); Constitution of India - Articles 14, 134A and 246; Finance Act, 1984; Companies Act, 1956 - Sections 617; Banking Regulation Act, 1949 - Sections 51

Reported in : AIR2002SC2188; 2002(2)Crimes393(SC); (2002)174CTR(SC)513; [2002]254ITR258(SC); [2002(3)JCR112(SC)]; JT2002(4)SC565; (2002)3MLJ42(SC); 2002(4)SCALE327; (2002)6SCC259; [2002]

Bench is now challenged before us in this appeal.3. Section 269SS was inserted in the Income Tax by Finance Act 1984 with effect from 1.4.1984, but the same was made operative from 1.7.1984. The Income Tax Department, in course

The Institute of Chartered Accountants of India, Rep. by Its Secretary ...

Court : Chennai

Subject : Direct TaxationConstitution

Acts : Chartered Accountants Act, 1949 - Sections 3, 4, 9, 15 and 22; Companies Act, 1956; Income Tax Act, 1961 - Sections 44AB; Banking Companies Regulations Act; Finance Act, 1984; Banking Laws (Amendment) Act, 1983 - Sections 45S(1); Constitution of India - Article 19(1) and 19(6)

Reported in : AIR2005Mad287; (2005)2MLJ369

Rs.20 lakhs under the Income-tax Act. Only a Chartered Accountant can issue a certificate under these Acts. By Finance Act, 1984 a new Section viz., Section 44AB was introduced in the Income-tax Act, 1961 by which certain classes of … Katju, C.J.1. These writ appeals have been filed against the common order of the learned single Judge dated 13.07.1998 passed in W.P.Nos.5925 and 5926 of 1989. 2. We have heard learned counsel for the parties and perused

J.M. Ramachandra and Sons Vs. Customs Excise and Gold (Control) Appell ...

Court : Delhi

Subject : Customs

Acts : Constitution of India - Article 226; Customs Act, 1962 - Sections 111, 112A, 125, 128, 129A, 129B, 129DD, 130 and 130E; Foreign Trade Development and Regulation Act, 1992 - Sections 3(3); Indian Income-tax Act, 1922 - Sections 18(3A), (3B) and (3C), 18(6), 23(4), 23(5), 23A(1), 24, 25(2), 25A(1), 26(2), 26A, 27, 28, 30(1A), 30(2), 31, 31(3), 33, 33(2A), 33(3), 44E(6), 44F(5), 46(1), 48, 49 and 49F; Finance Act, 1984 - Sections 40; Limitation Act - Sections 5 - Schedule - Article 182; Code of Civil Procedure (CPC), 1908 - Sections 109

Reported in : 95(2002)DLT217; 2002(80)ECC72; 2002(139)ELT36(Del)

the first proviso to sub-section (1), which is pending immediately before the commencement of section 40 of the Finance Act, 1984 before the Appellate Tribunal and any matter arising out of or connected with such appeal and which is

Narsingh Ram Ashok Kumar Vs. Union of India (Uoi) and ors.

Court : Patna

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 269SS and 271D

of such loan or deposit was rupees ten thousand or more. Section 269SS itself was inserted by the Finance Act, 1984. By the same amending Act, 1987, Section 271D was inserted and at the same time Section 276DD which … 1. In this petition under Articles 226 and 227 of the Constitution, there is challenge to the constitutional validity

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 … charged under the WT Act for every assessment year commencing on and from the 1st day of April, 1984, in respect of the net wealth on the corresponding valuation date of every company, not being a company … G. Sivarajan, J. 1. The matter arises under the WT Act, 1957 (for short 'the Act').2.