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Shri Abdul Sathar Vs. Union of India (Uoi), Through the Secretary, Law ...

Court : Mumbai

Subject : Customs

Acts : Customs Act, 1962 - Sections 108, 112, 122, 128, 129A and 129DD; Finance Act, 1984

Reported in : 2003(2)ALLMR90; 2003(4)BomCR428; 2003(90)ECC85; 2003(156)ELT832(Bom); 2003(3)MhLj142

the adjudicationManual, the adjudication powers of the DeputyCommissioner are restricted and not the adjudicationpowers of the Commissioner.7. By Finance Act 21 of 1984, Section 129A wasamended and Section 129DD was introduced to the Actwith effect from 11.05.1984. Prior

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) … the case may be and subject to such conditions as the Board may think fit to specify. Rules 75, 87 and 88 of the IT Rules deal with limits for contributions, investment of fund moneys and ordinary

Commissioner of Income Tax Vs. Khoday Industries Ltd.

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 256(1), 263, 119, 119(1), 119(2), 404(4); Finance Act, 1984 - Sections 8(c); Finance Act, 1985; Finance Act, 1966 - Sections 2(7)

Reported in : [2006]285ITR523(KAR); [2006]285ITR523(Karn)

rival contentions, it is necessary to have a look at the relevant provision as provided under Section 8(c), Finance Act, 1984, and the Finance Act, 1985, which reads as follows:8(c)-'industrial company' means a company which is mainly engaged in … of 1966, the Board issued a Circular No. 103, dt. 17th Feb., 1973 which reads as under:Under Sub-section 7(d) of Section 2 of the Finance Act, 1966, an 'industrial company' means a company which is mainly engaged

Jodhan Real Estate Development Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Jaipur

Subject : Land Acquisition

Reported in : (1996)56ITD90(JP.)

the revival of levy of wealth-tax in the case of closely held companies by Section 40 of the Finance Act, 1983, the assessee filed its return of wealth for the assessment year 1984-85 on 30-3-1985 declaring total wealth … said open market price could be decided either by the Assessing Officer or the Valuation Officer. Reference to Section 7(3) of the Wealth-tax Act, as regards the value determined by the D VO, has been specifically made in

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

Rajendran Pillai Vs. Union of India (Uoi)

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 17(2) and 192; Finance Act, 1984; Finance Act, 1985; Finance Act, 2001; Income Tax Rules, 1963 - Rule 3 and 3(7); Constitution of India - Article 14

Reported in : (2006)205CTR(Ker)600; 2006(4)KLT149

loan advanced by the employer. In both the cases, the Courts have referred to Section 17(2)(vi) introduced by Finance Act, 1984 with effect from 1.4.1985 and it's later deletion by Finance Act, 1985 retrospectively to neutralize the provision as … was introduced. Even though the Karnataka High Court has not considered the scope of Clause (iv) of Section 7(2), the Andhra Pradesh High Court has considered it and held that interest concession given by the employer to

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 … to dispose of them by a common order. 2. The first petitioner in each of Writ Petitions Nos. 7399, 8785 of 1984, 1237, 1238, 1269 and 1623 of 1985, who are the principal petitioners, are either public

Commissioner of Income-tax Vs. Achaldas Dhanraj and Sanklecha Brothers

Court : Rajasthan

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 43B; Sales Tax Act; Finance Act, 1987

Reported in : (1995)128CTR(Raj)325; [1996]217ITR799(Raj)

submission of learned counsel for the Revenue is that the amendment in Section 43B was made by the Finance Act, 1988, and was effective from April 1, 1989. The Tribunal has erred in giving retrospectivity to the said … April 1, 1988, are retrospective and are applicable to the assessment year under consideration, i.e., the assessment year 1984-85 ?' 4. The facts of Sanklecha Brothers are that the assessment in this case was completed under Section … of the unpaid amount of sales tax. Out of this amount Rs. 76,258.50 was paid on November 28, 1983, December 30, 1983, and January 24,

Commissioner of Income-tax Vs. Sri Jagannath Steel Corporation

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Section 43B; ;Finance Act, 1983

Reported in : [1991]191ITR676(Cal)

the previous year in which the sum is actually paid by him.' 7. In the Budget Speech of 1983-84, the Finance Minister had stated as … to consider the relevant provisions and the objects and intention behind the introduction of the provisions.6. By the Finance Act, 1983, Section 43B of the Income-tax Act, 1961, was inserted and the provisions came into force with effect … K. Sengupta, J.1. This reference under Section 256(1) of the Income-tax Act, 1961, relates to the assessment year 1984-85. The facts are in a narrow compass. During the year of account ending on March 31, 1984, being

Vazir Sultan Tobacco Company Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Excise

Reported in : (1985)(21)ELT757TriDel

these cigarettes were liable to the Special Excise Duty (SED) which was imposed under Section 37 of the Finance Act, 1978. The provisions of this Section took effect from 1-3-1978 by virtue of a declaration under the Provisional … of the exemption notification, and it was otherwise also not analogous to the case before us ; (e) 1984 (17) E.L.T. 217 (Andhra Pradesh) in the case of Sirpur Paper Mills. In this case the Hon'ble High … commercial transaction in them ;R.C. Jall Parsi v. Union of India (para 7 at page 1286-7), wherein it has been observed that excise duty is