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National Agro Service Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Pune

Subject : Direct Taxation

Reported in : (1990)34ITD506(Pune.)

to Circular No.387 dated 6-7-1984 issued by the Central Board of Direct Taxes containing the Explanatory Notes on Finance Act, 1984 especially paragraph 17.2 thereof which clarifies that the provisions were intended to check fraudulent practices. Relying on the … the Explanation under proviso to Sub-section (9) of Section 139 is absence of report of audit obtained Under Section 44 AB of the Income-tax Act, 1961 which was required to be annexed to the return.This requirement was introduced

Noel C.T.H. Noronha Vs. the Goa University and ors.

Court : Mumbai

Subject : ServiceConstitution

Acts : Goa University Act, 1984 - Sections 46.3

Reported in : 1996(3)BomCR140

The case of the petitioner is that the post of Finance Officer is provided in the Goa University Act, 1984 and section 46.3 of the Goa University Statutes prescribes the manner of its appointment. According to that Statute … Police Officer without an order from a Magistrate and without a warrant. A distinct and different power under Section 44 of the Code empowers the Magistrate to arrest or order any person to arrest the offender. Under Section

Lakhanpal National Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (1988)24ITD214(Ahd.)

of the Act, as the same have been brought on the statute with effect from 1-4-1984 by the Finance Act, 1983. On the other hand, if the writ petition is decided in favour of the assessee, the revenue … 1. In these appeals, the assessee is challenging the consolidated order of the Commissioner of Income-tax passed under Section 263 of the Income-tax Act, 1961 (the Act) wherein, she has directed the ITO to modify the assessment … Notice dt. 24-6-1980 was received for payment of Excise duty of Rs. 44,02,120 for the period from 1-10-1975 to 31-1-1978 on wholesalers' price i.e., ex-factory

Bank of India Vs. Harshadrai Odhavji Mody and Central Bank of India

Court : Mumbai

Subject : BankingCommercial

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 44A; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 2, 13, 17, 19, 22 and 34

Reported in : AIR2002Bom449; 2002(3)ALLMR1; 2002(5)BomCR228; [2003]115CompCas86(Bom); 2002(3)MhLj723

shall be in addition to, and not in derogation of, the Industrial Finance Corporation Act, 1948 (15 of 1948). The State Financial Corporation 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) and the Small … of Section 2(g) of the RDB Act.6. The next contention on behalf of the Judgment Debtor is that Section 44 contains an independent scheme which is different from the scheme for execution of ordinary decree. Therefore, though the

Mohammed Omer Family Trust Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (1992)40ITD1(Hyd.)

relation to the assessment year 1985-86 and subsequent years.22. In memorandum explaining provision in Finance Bill, 1984, Paras 44 to 47 speak about taxation of business profits of private trust at maximum marginal rate of income-tax. These … in the light of material placed before us and precedents relied upon. Sec. 161(1A) was inserted by the Finance Act, 1984 w.e.f. 1-4-1985. In order to understand the implication of the section we propose to resort to the notes

Machino Plastics Ltd. and Machno Vs. Caparo Maruti Ltd., Caparo India

Court : Company Law Board CLB

Subject : Arbitration

Reported in : (2004)50SCL620

expression shall include its successors and assigns). The respondents have further mentioned that Machino Plastics Ltd. and Machino Finance Ltd. (previously Machino Techno Sales Ltd. are named as parties in the arbitration agreement as all Jindal Companies … Relief Act. They have relied upon on the company V.P. Rao (AIR 1984 AP 176 and Commissioner of IT (AIR 1953 Patna 298). Further the … agreement. Section 45 of the Arbitration Act refers to the agreement under New York Convention Awards defilned under section 44 of the Arbitration Act and states that at the request of one of the party of any person

Petroleum India International Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2000)241ITR43(Mum.)

i.e. the date from which the relevant provision as it stands at present, was brought into force." The Finance Act, 1984, reduced the quantum of deduction to 50 per cent w.e.f. 1st April, 1985. The CBDT Circular No. 387, … & Co. (1980) 122 ITR 283 (Mad) at p. 286-7.Simpson vs. Jones 44 Tax Cases. 599 : "Before adopting any proposed construction of a passage … words 'the income so received" in s. 80-O. It was reiterated that s. 80-O is a stand alone section.Referring to the decision of the Supreme Court in the case of Distributors (Baroda) (P) Ltd. vs. Union of

Asstt. Cit Vs. Mugat Dyeing and Printing Mills

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2002)77TTJ(Ahd.)696

learned Commissioner (Appeals) be reversed and that of the assessing officer be restored.Section 43B was inserted by the Finance Act, 1983 (with effect from 1-4-1984), and reasons for the same as per Budget Speech of the then Finance … the assessment years relate to disallowance of excise duty liabilities, Rs. 58,75,999 for assessment year 1986-87 and Rs. 44,58,378 for assessment year 1987-88 under section 43B. The effective grounds common in both the appeals being ground Nos.

Assistant Commissioner of Income Tax Vs. A.K. Menon, Custodian and ors ...

Court : Mumbai

Subject : Direct Taxation

Acts : Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Sections 2 and 11(2); Income Tax Act, 1961 - Sections 2(43), 220, 220(2), 234 and 271; Contract Act, 1872 - Sections 56; Provincial Insolvency Act, 1909

Reported in : 1996(5)BomCR564

this case the deceased person had 'control' of a Company within the meaning of section 65 of the Finance Act, 1940, during the five years ending with his death on March 29, 1953. Thus the shares held by … High Court dated 22nd June 1987 in Misc. Petition No. 40 of 1984 in A.S. First Appeal No. 245 of 1979, State Bank of India … Police Officer without an order from a Magistrate and without a warrant. A distinct and different power under Section 44 of the Code empowers the Magistrate to arrest or order any person to arrest the offender. Under Section

National Dairy Development Board Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2000)75ITD447(Ahd.)

of the specific provisions of s. 2(ea)(i) introduced by the amendment to the definition of assets by the Finance Act, 1992 w.e.f. 1st April, 1993.5. Similarly for asst. yrs. 1994-95, 1995-96 and 1996-97, the AO passed an order … Finance Act, 1960. The wealth-tax was made applicable in the case of closely held companies for asst. yrs. 1984-85 to 1992-93 by virtue of s. 40 of the Finance Act, 1983. Consequent to insertion of s. 3(2) … the Parliament has exempted the income of NDDB from income-tax under s. 44 of the National Dairy Development Board Act. It was claimed that the … hostels cannot be subjected to wealth-tax as per the amended definition of section 2(ea)(i) which was introduced w.e.f. 1st April, 1993. The CWT(A) however, upheld