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Alluminium Profiles Limited, a Public Limited Company Registered Under ...

Court : Mumbai

Subject : Excise

Acts : Central Excise Act, 2007 - Sections 11, 32(7), 32E, 32F, 32F(5), 32F(7), 32F(8), 32F(9), 32F(10), 32M and 32N; Income Tax Act; Finance Act, 1984

Reported in : 2009(169)LC76(Bombay); 2009(241)ELT9(Bom)

power to make payment by installments. In respect of similar provisions pertaining to the Income Tax Act, by Finance Act, 1984 w.e.f. 1.10.1984 the powers of the Settlement Commission to grant payment by installments has been recognized. That continues … an order on 31.10.2008.Section 32F has been substituted by Act No. 22 of 2007 with effect from 1.6.2007. Section 32F(10) as it originally stood read as under:Where any duty payable in pursuance of an order under Sub-section … of confirmation of the demand. This was further clarified by Circular No. 32/32/94/CX dated 11.4.1994. Relying upon these circulars, the learned Counsel submits that it

Andhra Cement Co. Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (1986)18ITD93(Hyd.)

the year of the assessment but the income of the previous year. He further held that as the Finance Act comes into force on the first day of April in each year, the law has to be applied … depreciation specified in the impugned Rules are applicable for the assessment year 1984-85 onwards and not even for the assessment year 1983-84, not to speak … I of Part I are part of Rule 5 of the Rules and thereby they form part of Section 32(1) of the Income-tax Act, 1961 ('the Act') itself and, as such, Appendix I of Part I forms part

Techno Pack Ltd. Vs. Assistant Collector of Central Excise

Court : Andhra Pradesh

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 3, 11, 11A, 11B and 11C

Reported in : 1991(1)ALT542; 1991(33)ECC130; 1991(55)ELT158(AP)

Act, and the special duties of excise leviable under - (a) Sub-Section (1) of Section 37 of the Finance Act, 1978 (19 of 1978); (b) Sub-Section (1) of Section 32 of the Finance Act, 1979 (21 of 1979);

Khivraj Motors (P.) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Land Acquisition

Reported in : (1994)50ITD576(Mad.)

(P.) Ltd. 29 ITD 29 was distinguishable on facts. (iii) The 1988 amendment to Section 40(3) of the Finance Act, 1983 is not retroactive, but prospective in operation with effect from 1-4-1989. Therefore, the said amendment cannot help … Tribunal referred to above.30. In the case of Prakash Talkies (P.) Ltd. (supra), in relation to assessment years 1984-85 and 1985-86, the assessee claimed exemption in respect of the value of the cinema theatre. This exemption was … Russell (Surveyor of Taxes) v.Aberdeen Town & County Bank 2 Tax. Cas. 321 and Usher's Wiltshire Brewery Ltd. v. Bruce (Surveyor of Taxes) 6 Tax.

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 … the said Act without approaching a civil court. 25. In the second place, Mr. Nayyar has contended that section 32(10) of the said Act clearly provides that where the proceedings for liquidation, in respect of an industrial concern,

Commissioner of Income-tax Vs. Asian Techs Ltd.

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32 and 32(1)

Reported in : [1999]240ITR396(Ker)

was granted for the assessment year 1984-85, in the light of the amendment to Section 32(1)(iv) by the Finance Act, 1983. Reliance was placed by the Assessing Officer on the Central Board of Direct Taxes Circular No. 372

Dunlop India Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (1992)41ITD582(Kol.)

amount. In support of this claim the assessee relied on first proviso to Section 43B inserted by the Finance Act, 1987 which, as per decision of the Tribunal in ITO v. K.S. Lokhandwala [1989] 31 ITD 305 (Ahd.) … 18 ITD 593 (Ahd.) and Hindustan Commercial Corporation v. Second ITO [1990] 32 ITD 295 (Pune). Shri Dastur further submitted that if liability was to … 1. This appeal by the assessee for the assessment year 1984-85 is directed against order of the Commissioner of Income-tax (Appeals) [hereinafter referred to as 'CIT(A)'] dated September 19,

Hmt Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT

Subject : Direct Taxation

Reported in : (1996)59ITD76(Bang.)

value is not permissible. The appellant claims that the statute was introduced with effect from 1984-85 by the Finance Act, 1983 which came into effect from 1-4-1984 which meant that initial depreciation admissible for assessment years commencing from … W.D.V. on buildings on 1-4-1983 allowed in the earlier years on certain buildings ignoring the amended provisions of Section 32(1)(iv) and holding that they do not operate retrospectively and that recomputation of opening written down value is not

Rajkot Engineering Association and ors. and Vs. Union of India and ors ...

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 40A, 40A(3), 44AA, 44AA(2), 44AB, 69D, 131, 132, 132(5), 139(1), 139(9), 139A, 140A, 142, 142(2A), 246, 246(2), 269C, 271, 271(1), 271A, 271B, 272, 272A, 272B, 273, 273A(A), 288 and 288(2); Income Tax Rules, 1962 - Rule 6G; Constitution of India - Articles 14 and 19

Reported in : (1986)54CTR(Guj)272; (1987)1GLR3; [1986]162ITR28(Guj)

of section 44AB of the Income-tax Act, 1961, which has been placed on the statute book by the Finance Act. 1984, with effect from April 1, 1985, and rule 6G as well as Forms Nos. 3CA to 3CE of … to be given only to the extent that such information is available in the records of the assessee.' 32. This note, therefore, indicates as to the complexity of the task of a tax auditor particularly in the

Commissioner of Income-tax Vs. Daudayal Hotels Pvt. Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 5, 28 to 41, 43, 43(6) and 256(1); Income Tax Act, 1922 - Sections 10(2); Finance Act, 1983; Income Tax Act, 1866

Reported in : (2005)199CTR(Guj)556

and the relevant accounting period is calender year ended on 31st December, 1984. While computing depreciation allowance under Section 32 of the Act, the Assessing Officer, decreased the Written Down Value (WDV) of hotel building by deducting initial … on new hotel building is not deductible for arriving at WDV in view of the amendments effected by Finance Act, 1983? 2. The Assessment Year is 1985-86 and the relevant accounting period is calender year ended on 31st