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Laherchand Dhanji Vs. Commissioner of Income-tax

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 24, 28 and 68

Reported in : [1995]213ITR145(Bom)

Lal : [1984]145ITR183(SC) : 'This court has expressly observed that there is nothing in section 24 of the Finance Act which prevents the Income-tax Officer, if he were not satisfied with the explanation of the assessee about the

Voltas Limited Vs. the State of Jharkhand and ors.

Court : Jharkhand

Subject : Sales TaxLimitation

Acts : Indian Companies Act, 1913; Bihar Finance Act, 1981 - Sections 12, 13, 17(5), 18, 19(1), 21, 21(1), 24 and 58; Bihar Finance Rule, 1981 - Rule 13A; Rajasthan Sales Tax Act - Sections 5(3); Rajasthan Sales Tax Rule - Rule 29(2); 46th Amendment Constitution of India - Article 366(29A)

Reported in : [2006(3)JCR518(Jhr)]

question of limitation and has, thus, raised the jurisdiction of the appellate authority in passing the impugned orders. Section 24 of the Bihar Finance Act prescribes limitation in the matter of completion of assessment proceeding and reassessment in … one place to another and the sale of such air-conditioners is chargeable to sales tax under the Bihar Finance Act, 1981 under Entry No. 116 of the Schedule at the rate of 16%.6. One of the disputes in … issued by the Commissioner, Commercial Taxes, Govt. of Bihar, on 18th May, 1984, which is also applicable in the State of Jharkhand, whereby, it was

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 … section 23 was based and the apportionment thereof between the several partners or of the loss computed under section 24 or of the intimation of the refusal to pass an order under sub-section (1) of section 25A, or

V.M. Salgaocar and Bros. Pvt. Ltd. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Constitution of India - Articles 133, 136 and 141; Taxation Laws (Amendment) Act, 1984; Finance Act, 1985; Income Tax Act, 1961 - Sections 2(24), 17(2), 36, 40A(2) and 256(2)

Reported in : [2000]243ITR383(SC); JT2000(4)SC473; 2000(3)SCALE240; (2000)5SCC373; [2000]2SCR1169; AIR2000SC1623

of the said Act. These amendments were intended to take effect from April 1, 1985. However, subsequently, the Finance Act, 1985, sought to omit both the aforesaid provisions with effect from the date of their insertion, namely, April … running account would not amount to providing perquisite. The Appellate Tribunal also observed that the Taxation Laws (Amendment) Act, 1984 for the first time provided that the difference in interest between the prescribed rate and that charged by … it by the Income Tax Appellate Tribunal ('Appellate Tribunal' for short) under Section 256(2) of the Income Tax, 1961 (for short, the 'Act'). Reference was … that these questions were covered by its earlier decision in IJRC No. 24/92.8. Still aggrieved revenue came to this Court on appeal (C.A.No. 424 of

Food Specialities Ltd. Vs. Assistant Commissioner of Income Tax.

Court : Delhi

Subject : Direct Taxation

Reported in : (1995)52TTJ(Del)554

under the relevant statute, deduction was permissible in view of the proviso to S. 43B inserted by the Finance Act of 1987 w.e.f. 1st April, 1988. Shri Dastur fairly conceded that the decisions of the Delhi High Court … trading receipts of the assessee. assessed is admittedly following the mercantile system of accounting. As on 31st Dec., 1984, a sum of Rs. 95,05,224 had remained unpaid out of the total collections made during the relevant previous … formed employee, S. 40A(6) is inapplicable. Shri Dastur contended that the said section is a disallowed provision and that it must be strictly followed. It … case of CIT vs. Pyarilal Kasam Manji & Co. (1992) 101 iTR 247 , we are bound to follow the decision of the jurisdictional High

Har Sahai Mal Tika Ram and Others Vs. Punjab National Bank, Badaun and ...

Court : Allahabad

Subject : Banking

Acts : Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 1(4), 2, 19, 31, 31(1), (2) and (3), 34 and 34(2); Constitution of India - Article 227; Code of Civil Procedure (CPC), 1908 - Sections 24 and 115; Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Sick Industrial Companies (Special Provisions) Act, 1985; Limitiation Act, 1963 - Sections 5

Reported in : 1999(4)AWC3170

shall be in addition to, and not in derogation of, the Industrial Finance Corporation Act. 1948 (15 of 1948), the State Financial Corporations Act. 1951 … of 1951), the Unit Trust of India Act. 1963 (52 of 1963), the Industrial Reconstruction Bank of India Act, 1984 (62 of 1984) and the Sick Industrial Companies (Special Provisions) Act. 1985 [1 of 1986). 5. A plain … Srivastava that even if the same is taken to be an order of transfer within the meaning of Section 24 of the Code of Civil Procedure in that event, the learned Civil Judge could not have transferred the

Checkmate Services P Ltd Vs. Commissioner Of Income Tax-i

Court : Supreme Court of India

Subject : Land Acquisition

Income Tax-I v Checkmate Services P. Ltd., Tax Appeal No.680 of 2014, dated 14.10.2014. 4 Inserted by the Finance Act, 1987 (11 of 1987), w.e.f. 01.04.1988. 4 are not in the nature of annual contributions of fixed amounts … Technologies Ltd. vs. Commissioner of Income Tax, Delhi, 2021 SCC OnLine SC575 24 [employer(s)]. was entitled to deduction even prior to 1-4-1984, on mercantile system … while computing the business income of the previous year?. That was a case which related to Assessment Year 1984-1985. The relevant accounting period ended on 30-6-1983. The Income Tax Officer disallowed the deduction claimed by the assessee … appeals, the common question involved is with respect to the interpretation of Section 36(1)(va) and Section 43B of the Income Tax Act, 1961 (hereinafter, “IT

Maharashtra State Co-operative Bank Limited and anr. Vs. the State of ...

Court : Mumbai

Subject : Banking

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 9 - Order 1, Rule 1; Maharashtra Co-operative Societies Act, 1960 - Sections 2(2), 2(10), 60 and 70; National Bank for Agricultural and Rural Development Act, 1981 - Sections 2; Banking Regulation Act, 1949 - Sections 18, 24 and 56; Multi-State Co-operative Societies Act, 1984 - Sections 3 and 5; Constitution of India - Article 226

Reported in : 1997(3)BomCR4

on the business of banking and its primary object must be to finance other Co-operative Societies in the State. Otherwise how can a society be … short question that arises for consideration is : Whether a Co-operative Society registered under The Multi-State Co-operative Societies Act, 1984 (Multi-State Act for short) can be recognised and notified by the State Government as State Co-operative Bank, and … and that, moreover, the provisions of the Bk. Reg. Act, especially section 18 read with section 56(j), and section 24 read with section 56(q)(2)(c), specifically refer to 'State Co-operative Bank of the State concerned'. Thus according to him,

P.V. Rajgopal and ors. Vs. Union of India and ors.

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10, 15, 17, 17(2), 17(3), 201, 264; Constitution of India - Article 226; Taxation Laws (Amendment) Act, 1984; Finance Act, 1985; Income-tax Act, 1952 - Sections 13-A, 16, 17(3), 24, 156(2) and 197; Trade Union Act, 1926 - Sections 15, 192, 194, 194-(A, B, BB, C, D, E, EF, F, G, H, I, J and k), 196-(A, B, C, and D), 197(2A), 200, 201 (1A), 203, 207, 211, 221, 234-B and 234-C

Reported in : 1998(4)ALD268; [1998]233ITR678(AP)

of tax what is given as a welfare measure. Consequently, even before the amendment could take effect, the Finance Act, 19,85 withdrew the said amendment. This was explained by the memorandum explaining the provisions of the Finance Act, … the Government itself was that the statutory provisions did not treat it as aperquisite. Consequently, Taxation Laws (Amendment) Act, 1984, introduced an amendment with effect from 1-4-1985 inserting sub-clause (vi) to include as a perquisite, the amount of … employees, the entire amount paid as interest to the financial institutions has been claimed as a deduction under Section 24 which cannot be justified if the interest subsidy is not to be treated as a perquisite. The learned

Food Specialities Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1995)54ITD352(Delhi)

under the relevant statute, deduction was permissible in view of the proviso to Section 43B inserted by the Finance Act of 1987 w.e.f. 1-4-1988. Shri Dastur fairly conceded that the decisions of the Delhi High Court in the … trading receipts of the assessee. Assessee is admittedly following the mercantile system of accounting. As on 31st December, 1984, a sum of Rs. 95,05,224 had remained unpaid out of the total collections made during the relevant previous … for services rendered by a person, who at any time during the 24 months immediately preceding the previous year was an employee of the assessee....