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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) … shall be allowed in respect of the matters dealt with therein, in computing the income referred to in Section 28. Section 36(1)(iv) is extracted below for easy reference:(iv) any sum paid by the assessee as an employer by

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 … shall be passed under this section unless such person is given notice within the time limit specified in Section 28 to show cause against the proposed order.(4) No proceedings shall be initiated under Sub-section (1) or Sub-section (2)

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 … assessment in the matter laid down in sub-section (2) of section 25A, or, in case of an order section 28 or sub-section (6) of section 44E or sub-section (5) of section 44F or sub-section (1) of section 46,

Mysore Kirloskar Ltd. and ors. Vs. Union of India and ors.

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 36, 36(1), 37(3A), 37(3B), 40A, 40A(8), 40A(9), 40A(10) and 43B; Constitution of India - Articles 14, 19(1), 19(6), 245 and 246

Reported in : (1986)53CTR(Kar)128; [1986]160ITR50(KAR); [1986]160ITR50(Karn)

assessee is a company, conveyance allowance paid to its directors also.' 22. These sections were introduced by the Finance Act of 1983 with effect from April 1, 1984. Section 37(3A) has been omitted from April 1, 1986, by … and subject to the other provision of this Act, be deducted in computing the income referred to in section 28 of the assessee of the previous year in which such expenditure is so laid out or expended, as

Commissioner of Income-tax, Faridabad Vs. Ghanshyam (Huf)

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(47), 45, 45(1), 45(5), 54, 54B, 54D, 54E, 54EA, 54EB, 54F, 54G, 54H, 154, 155(7A), 155(16), 260A and 269UA; Transfer of Property Act, 1882 - Sections 53A; Finance Act, 1987; Land Acquisition Act, 1894 - Sections 4, 4(1), 6, 18, 23, 23(1), 23(1A), 23(2), 28 and 34; Finance Act, 1991; Land Acquisition (Amendment) Act, 1984 - Sections 23(1A); Income Tax Act, 1922; Finance Act, 2003 - Sections 45(5) and 155(16)

Reported in : (2009)224CTR(SC)522; [2009]315ITR1(SC); JT2009(9)SC445; 2009(9)SCALE657; (2009)8SCC412; [2009]182TAXMAN368(SC); 2009(6)LC2930(SC)

and deductions therefrom.16. The question which arises for determination is - why was Section 45(5) inserted by the Finance Act, 1987, w.e.f. 1.4.88? Under Section 45(1), profits or gains arising from the transfer of a capital asset effected … of the market value of the land. Sub-section (1A) of Section 23 was introduced by Land Acquisition (Amendment) Act, 1984. It provides that in every case the Court shall award an amount as additional compensation at the rate … per centum on such market-value, in consideration of the compulsory nature of the acquisition.20. We also quote hereinbelow Section 28 of the 1894 Act which reads as under:28. Collector may be directed to pay interest on excess compensation.-If

Indian Oil Corporation Limited Vs. Union of India (Uoi) and ors.

Court : Kerala

Subject : PropertyCivil

Acts : Land Acquisition Act, 1894 - Sections 4(1), 18, 18(2), 23(1A), 23(2), 28, 28A, 34 and 38 to 44; Bombay Rents, Hotel and Lodging House Rates Control Act, 1947; Reorganisation Act; Constitution of India - Articles 14, 31 and 300A

Reported in : AIR2009Ker114; 2009(2)KLJ144

depending on the policies declared from time to time by the Reserve bank of India and by the Finance Ministry obviously on the basis of the levels of inflation prevailing at the relevant times. I cannot agree … the Land Acquisition Act 1894 as introduced by Amending Act 68 of 1984. The first respondent in the writ petition is the Union of India … petitioner company submits that their grievance is confined to the fixation of 15% interest under the provisions of Section 28 and 34 of the Land Acquisition Act at a time when the interest rates prevalent were higher than

Commissioner of Income-tax Vs. T.K. Manicka Gounder

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 27(1), 143, 144, 147, 264 and 271(1)

Reported in : (1989)76CTR(Mad)208; [1989]178ITR274(Mad)

aforesaid and in view of the introduction of the Explanation to section 271(1)(c) of the Act by the Finance Act, 1964, penalty proceedings under section 271(1)(c) of the Act were also intitiated. The assessee preferred a revision petition … that the court was concerned for the assessment year 1947-48 with reference to the unamended provisions of section 28(1)(c) of the Indian Income-tax Act, 1922, and the decision was to the effect that the inposition of penalty

Bank of Credit and Commerce Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (1991)37ITD293(Mum.)

1976-77. This could never have been the intention of the legislature when it inserted Section 44C by the Finance Act 1976 with effect from 1-6-1976. Prior to insertion of Section 44C,head office expenses of non-residents were being allowed … of non-residents were being allowed in accordance with the provisions of Sections 28 to 43 A. The scope of the effect of the new Section … This is an appeal by the assessee against the order of the CIT (Appeals) for the assessment year 1984-85.2. The appellant herein is a non-resident banking company. The appellant has substantially raised three grounds in the present

Gujarat Forging (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (1996)56ITD208(Ahd.)

as the said judgment considered the effect of amendment of Section 263 made with retrospective effect by the Finance Act, 1989 and did not relate to the question of limitation of the period for passing an order under … made in the year 1981 and in the fresh assessments made once again in the month of August 1984. He, therefore, urged that the error if any existed in the original assessment order which could not be … assessment year 1980-81 are broadly similar.The original assessment order was passed on 28-11-1981. The assessee submitted a petition before the CIT under Section 264 of

Shipping Corporation of India Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Subject : Land Acquisition

Reported in : (1994)(69)ELT334Tri(Kol.)kata

same are the orders passed under Section 28 (Old) of the Customs Act, 1962 and provisions of the Finance Act, 1984 for transferring the appeal to the Central Government are not applicable in this case as the order was