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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)

behalf of the owner, but in his own right.' The Apex Court pointed out to the amendment to Section 27 under the Finance Bill, 1987, to get over an obvious omission to the meaning of the word 'owner' … 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

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 … a firm under section 26A or of the date of the refusal to make a fresh assessment under section 27, or of the intimation of an order under sub-section (1) of section 48, 49 or 49F, as the

Kwality Milk Foods Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (2006)100ITD199(Chennai)

to 144 of the Finance Minister's Budget Speech at 260ITR (St.) 26, 27 we find that Hon'ble Finance Minister indicated the setting up of the … has constituted this Special Bench to consider the following question: Whether amendment in proviso to Section 43B by Finance Act, 2003 could be construed to be curative, as such retrospective in nature? 2. We have heard the rival … to pay was incurred, cannot, in respect of that liability, be allowed a deduction in the assessment year 1984-85, or any subsequent year on the ground that he has actually made a payment towards such liability in

Itc Ltd Vs. Cce, Kolkata Iv

Court : Supreme Court of India

Subject : Service Tax

the ‘assessment’ as prevailed under the 1962 Act and the amended definition under the Act, assessment w.e.f. 8.4.2011, Finance Act, 2011, Section 17 and Section 27 as amended by the Finance Act, 2011. It was urged by learned

Wealth-tax Officer Vs. Niranjan Narottam (individual)

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (1985)14ITD27(Ahd.)

department pointed out that the question at issue was whether Section 7(4) inserted by Section 27(3)(b) of the Finance Act, 1976, is effective prospectively from the assessment year 1976-77 onwards or is applicable retrospectively for an earlier year

Aryavarta Plywood Limited Vs. Rajasthan State Industrial and Investmen ...

Court : Delhi

Subject : Company

Acts : Companies Act, 1956 - Sections 125, 446(1) and (2), 454, 456, 456(2), 457, 529A, 537 and 537(1); State Financial Corporation Act, 1951 - Sections 29, 31 and 32(10); Transfer of Property Act, 1882 - Sections 69; Code of Civil Procedure (CPC), 1908 - Order 34

Reported in : [1991]72CompCas5(Delhi)

joint equitable mortgage was created in favor of the Corporation as well as in favor of the Industrial Finance Corporation of India, which was also a secured creditor of the company to the extent of the loan … Dharam Bir, as creditor, filed a petition, being C.P. No. 53 of 1984, on May 14, 1984, for winding up the applicant, namely, Aryavarta Plywood … to grant loans or advances to an industrial concern , repayable within a period not exceeding 20 years. Section 27 empowers the Financial Corporation to impose such conditions as it may think necessary or expedient for protecting the … the present application filed under sections 456 and 457 of the Companies Act, 1956 (hereinafter called 'the Act'), read with rule 9 of the Companies

Seva Trust Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (1991)38ITD409(Mad.)

Income-tax Officer rejected this contention and held by virtue of the newly inserted Section 161(1 A) by the Finance Act, 1984 with effect from 1-4-1985 the consideration received for appointing Varalakshmi Agencies as sub-distributors of the three periodicals mentioned … and he had already given the distributorship rights of the said film to M/s.Rajshree Pictures Pvt. Ltd. on 27-3 -1972 and made over the overflow rights of the said film in favour of the assessee under the

Amrit Lal Seth Vs. Union of India and anr.

Court : Delhi

Subject : CriminalCustoms

Acts : Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3(1); Constitution of India - Article 22(5); Customs Act, 1962 - Sections 111

Reported in : AIR1987Delhi340; 28(1985)DLT396

complaint in that regard was sent to the Directorate of Revenue Intelligence. Communications were sent to Hon'ble the Finance Minister as well as to the Secretary, Delhi Administration, Delhi regarding denial of interview to an Advocate with … Seth has been detained by virtue of an order dated July 21, 1984 passed by an Additional Secretary to the Government of India in exercise … M/s Adam & Co., inter alia, in grounds No. 5, 8 and 27. The alleged transaction of smuggling in the alleged smuggling of snake-skins by … exercise of the powers conferred by Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 with a view to preventing him from smuggling goods and abetting the smuggling of goods. The

Sri Srinivasa theatre, Gillalamamidada, East Godavari Dist Vs. Commerc ...

Court : Andhra Pradesh

Subject : Other Taxes

Acts : Andhra Pradesh Entertainment Tax Act, 1984 - Sections 4, 4-A, 4-C, 4-C(1), 5, 5(1), 5(3), 9, 9-A(1), 9-A(2), 16(2-A); Andhra Pradesh Entertainment Tax Rules, 1984 - Rules 10, 27, 27(10), 27(13), 33, 33(7), 33(10), 43-D, 49 and 49(2); Andhra Pradesh Cinemas (Regulation) Act, 1955; Orissa Sales Tax Act, 1947 - Sections 12, 12(6), 23 and 23(3); Bengal Finance (Sales Tax) Act, 1941 - Sections 20(3);

Reported in : 2001(4)ALD747; 2001(4)ALT725

5, 5 (1), 5 (3), 9, 9-A (1), 9-A (2) and 16 (2-A) of Andhra Pradesh Entertainment Tax Act, 1984 and Section 20 (3) of Bengal Finance (Sales Tax) Act, 1941 - appellant firm carrying business of exhibition … contention of the learned Counsel but the said judgment was rendered with reference to the provisions of Rule 27(10) of the Entertainments Tax Rules, as they stood during the year 1984-85. The old rules of Entertainments Tax

Jaisingrao Pandurang Badadare and Etc. Vs. State of Maharashtra and or ...

Court : Mumbai

Subject : Trusts and SocietiesConstitution

Acts : Maharashtra Co-operative Societies Act, 1960 - Sections 27(3); Maharashtra Co-operative Societies (Amendment) Act, 1984; Constitution of India - Article 14

Reported in : AIR1985Bom454; 1985(2)BomCR213; (1985)87BOMLR29

amended, is challenged on various grounds. In Writ Petition No. 3952 of 1984, Respondent No.6 the Nasik District Central Co-operative Bank Ltd., Nashik - is … disposed of by this common judgment.2. In all these writ petitions, the first proviso to sub-section (3) of Section 27 of the Maharashtra Co-operative Societies Act. as amended, is challenged on various grounds. In Writ Petition No. 3952 … which have invested part of their funds in the shares of the federal society, so as to protect financial interests of the said society.7. For properly appreciating the controversy raised before us, it will be worthwhile if