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Satyakam Rasayan Udyog Vs. Collector of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Excise

Reported in : (1989)(25)LC113Tri(Delhi)

levy of excise duty. It was only with effect from 1-3-1984 that the law was amended by the Finance Bill, 1984, so as to make such conversion "manufacture" within the meaning of Section 2(f) of the Central … only under Item No. 68 of the First Schedule (hereinafter the 'CET') to the Central Excises & Salt Act, 1944, but that under that item, the goods were exempt under Notification No. l05/80/in view of the total

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 … the Board issued a Circular No. 103, dt. 17th Feb., 1973 which reads as under:Under Sub-section 7(d) of Section 2 of the Finance Act, 1966, an 'industrial company' means a company which is mainly engaged in the business

Farichem Laboratories Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Section 37(3A); ;Finance Act, 1984 - Section 2(8)

Reported in : (2006)203CTR(Cal)377,[2005]273ITR133(Cal)

erred in holding that the assessee was an industrial company within the meaning of section 2(8)(c) of the Finance Act, 1984 ?4. Whether, on the facts and circumstances of the case, the Tribunal was justified in law in holding

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 … or religious purposes, or which is of the nature referred to in Sub-clause (iia) of Clause (24) of Section 2, or which is of the nature referred to in Sub-section (4A) of Section 11, tax shall be charged

Chunnilal Onkarmal (P.) Ltd. and anr. and Sir Sarupchand Hukamchand Pv ...

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957; Finance Act, 1983 - Sections 40; Constitution of India - Article 14; Finance Act, 1960 - Sections 13; Companies Act

Reported in : (1994)121CTR(MP)116; [1996]221ITR459(MP)

are pending consideration.4. The petitioners have in this petition challenged the constitutional validity of Section 40 of the Finance Act, 1983, on the ground that it violates Article 14 of the Constitution of India. According to the petitioners, … director.3. Petitioner No. 1 company filed wealth-tax returns for the assessment years 1984-85 and 1985-86 under the Wealth-tax Act, 1957 (Act No. 27 of 1957), … is not a company in which the public are substantially interested within the meaning of the provisions of Section 2(18) of the Income-tax Act, 1961. The wealth-tax was leviable on companies under the Wealth-tax Act, 1957. Section 3

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 … Arijit Pasayat, C.J.1. In this petition under Article 226 of the Constitution of India 1950 (in short the 'Constitution') challenge is to the order dated 9th November

Allied Motors (P.) Ltd. Vs. Commissioner of Income-tax, Delhi

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 43B, 139(1), 145 and 256(1); Finance Act, 1987 - Sections 43B; Finance Act, 1989 - Sections 43B

Reported in : AIR1997SC1361; [1997]224ITR677(SC); JT1997(3)SC418; 1997(2)SCALE575; (1997)3SCC472; [1997]2SCR780

contain the two provisos. The first proviso has been set out above. This proviso was inserted by the Finance Act of 1987 which came into effect from 1.4.1988. Explanation 2 has been added subsequently by the Finance Act … the Income-tax Act, 1961 while computing the business income of the said previous year?The relevant assessment year is 1984-85, the relevant accounting period being the year ending on 30th of June, 1983. The assessee filed the return … before us deal with a common question relating to the interpretation of Section 43B of the Income-tax Act, 1961. The references have been made Under

Jagdish Chander Malhotra Vs. Income Tax Officer

Court : Delhi

Subject : Direct Taxation

Reported in : (1998)62TTJ(Del)314

significant amendments by the Taxation Laws (Amendment) Act, 1984 with effect from 1-4-1985 as well as by the Finance Act, 1987 w.e.f. 1-4-1988. It will be worthwhile to reproduce the provisions of section 2(47) as it existed w.e.f.

Commissioner of Income-tax Vs. Pulikkal Medical Foundation Pvt. Ltd.

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10(22) and 10(22A); Taxation Laws (Amendment) Act, 1970

Reported in : [1994]210ITR299(Ker)

be allowed to the assessee.'19. Before the amendment by the Finance Act, 1983, with effect from April 1, 1984, the definition of the words 'charitable purpose' occurring in Section 2(15) of the Act contained the words 'not … the judgments interpreting Section 10(22A) have considerable relevance in interpreting Section 10(22A). Section 10(22A) was inserted by the Finance Act, 1970, with effect from April 1, 1970. The Notes on Clauses of the Bill relating to the insertion

Madathil Brothers Vs. the Deputy Commissioner of Income Tax, Special R ...

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 2(4A), 2(14), 2(42), 2(42A), 2(47), 22, 27, 45, 68 and 260A; Finance Act, 1987 - Sections 27; Transfer of Property Act, 1882 - Sections 53A, 54 and 55; Registration Act; Taxation Laws (Amendment) Act, 1984; Income Tax Act, 1922 - Sections 9 and 12B; Income Tax Rules, 1962 - Rule 9A, 9B, 9B(1), 9B(2) to 9B(4) and 9B(7); Wealth Tax Rules - Rule 1D; Income Tax (Seventh Amendment) Rules, 1976

Reported in : (2008)217CTR(Mad)416; [2008]301ITR345(Mad)

of a business carried on by him, such conversion or treatment; (or) The following clause was inserted under Finance Act, 1987 with effect from 1.4.1988:(v) any transaction involving the allowing of the possession of any immovable property to … as defined under Section 2(47) as it then stood prior to the amendment under the Taxation Laws Amendment Act, 1984 with effect from 1.4.1985. Hence, it does not cover the issue on hand. 42. In the decision reported