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V.M. Salgaocar and Bros. Pvt. Ltd. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Constitution of India - Articles 133, 136 and 141; Taxation Laws (Amendment) Act, 1984; Finance Act, 1985; Income Tax Act, 1961 - Sections 2(24), 17(2), 36, 40A(2) and 256(2)

Reported in : [2000]243ITR383(SC); JT2000(4)SC473; 2000(3)SCALE240; (2000)5SCC373; [2000]2SCR1169; AIR2000SC1623

made by the 1984 Amendment by insertion of Sub-clause (vi) in Section 17(2) and its omission by the Finance Act, 1985. Section 2(24)(iv), which has been invoked in this case also used the expression 'the value of any benefit or

G. Ramesan Vs. Commissioner of Gift-tax

Court : Kerala

Subject : Direct Taxation

Acts : Gift Tax Act, 1958 - Sections 24(2)

Reported in : [1997]226ITR305(Ker)

to the Commissioner (Appeals) in view of Clause (c) of the Explanation to Section 24(2) inserted by the Finance Act, 1988, with effect from June 1, 1988 ?' 2. The proceedings appeared before us on board with no … the factual peculiarities that the order of assessment allowing the deduction of liabilities was passed on June 10, 1985, whereas the order of the Commissioner of Gift-tax under Section 24(2) of the Gift-tax Act, 1958, was passed

Maharashtra State Co-operative Bank Limited and anr. Vs. the State of ...

Court : Mumbai

Subject : Banking

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 9 - Order 1, Rule 1; Maharashtra Co-operative Societies Act, 1960 - Sections 2(2), 2(10), 60 and 70; National Bank for Agricultural and Rural Development Act, 1981 - Sections 2; Banking Regulation Act, 1949 - Sections 18, 24 and 56; Multi-State Co-operative Societies Act, 1984 - Sections 3 and 5; Constitution of India - Article 226

Reported in : 1997(3)BomCR4

Principal Co-operative Society must be carrying on the business of banking and its primary object must be to finance other Co-operative Societies in the State. Otherwise how can a society be recognized as the State Co-operative Bank … matter of Co-operative Societies inter alia viz., the decision dated 13th August 1985 in Writ Petition No. 2824 of 1985 and Writ Petition No. 2861 … and that, moreover, the provisions of the Bk. Reg. Act, especially section 18 read with section 56(j), and section 24 read with section 56(q)(2)(c), specifically refer to 'State Co-operative Bank of the State concerned'. Thus according to him,

P.V. Rajgopal and ors. Vs. Union of India and ors.

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10, 15, 17, 17(2), 17(3), 201, 264; Constitution of India - Article 226; Taxation Laws (Amendment) Act, 1984; Finance Act, 1985; Income-tax Act, 1952 - Sections 13-A, 16, 17(3), 24, 156(2) and 197; Trade Union Act, 1926 - Sections 15, 192, 194, 194-(A, B, BB, C, D, E, EF, F, G, H, I, J and k), 196-(A, B, C, and D), 197(2A), 200, 201 (1A), 203, 207, 211, 221, 234-B and 234-C

Reported in : 1998(4)ALD268; [1998]233ITR678(AP)

Finance Act, 19,85 withdrew the said amendment. This was explained by the memorandum explaining the provisions of the Finance Act, 1985 by Circular No.421, dated 12-6-1985 (1956 ITR 138), hi spite of this legislative history, an attempt was made … employees, the entire amount paid as interest to the financial institutions has been claimed as a deduction under Section 24 which cannot be justified if the interest subsidy is not to be treated as a perquisite. The learned

Naresh Kumar JaIn Vs. Union of India (Uoi) Through Ncb and ors.

Court : Delhi

Subject : Narcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 2, 8A, 12, 24, 24A, 27A, 32, 36A and 67; ; Prevention of Money Laundering Act, 2002 - Sections 3 and 4; ; Code of Criminal Procedure (CrPC) , 1973 - Section 188; ; Constitution of India - Article 226

seized money and his statements were also recorded under Section 67 of the Narcotic Drugs and Psychotropic Substances Act 1985 (hereinafter referred to as 'NDPS Act') on 5th December 2009 and 6th December 2009.2. It is the allegation … officers of Directorate of Enforcement.3. The petitioner was arrested on 6th December, 2009 by invoking the provisions of Section 24 and 27A of the NDPS Act. He was produced before the Duty Magistrate when the NCB officials sought … the definition are covered by the said definition. Not only that, whosoever finances these activities is also treated as indulging in 'illicit traffic'. Section 24A

Parle Biscuits (P) Ltd. Vs. the State of Bihar and ors.

Court : Supreme Court of India

Subject : Sales Tax

Acts : Bihar Finance Act, 1981 - Sections 13, 13(1) and 21(1); Bihar Finance (Amendment) Act, 1985 - Sections 13(1) and 21; ;Companies Act, 1956; Central Sales Tax Act, 1956 - Sections 7, 11(1), 11(2), 11(4), 12(2), 14 and 21; Bihar Electricity Duty Act, 1948 - Sections 3(1); Bihar and Orissa General Clauses Act, 1917 - Sections 24 and 27

Reported in : 2003(51)BLJR2064; 2005(192)ELT23(SC); [2005(3)JCR46(SC)]; JT2004(10)SC449; (2005)9SCC669; [2005]139STC204(SC)

High Court holding that notification S.O. 154, dated 28.1.1985 issued under proviso to Section 13(1) of the Bihar Finance Act, 1981 (in short the 'Act') in relation to sale and purchase of packing materials, is applicable to the … of the Bihar and Orissa General Clauses Act, 1917 (in short the 'Bihar General Clauses Act') corresponding to Section 24 of the General Clauses Act, 1897 (in short the 'General Clauses Act') provides for 'Continuation of Orders' etc.

Voltas Limited Vs. the State of Jharkhand and ors.

Court : Jharkhand

Subject : Sales TaxLimitation

Acts : Indian Companies Act, 1913; Bihar Finance Act, 1981 - Sections 12, 13, 17(5), 18, 19(1), 21, 21(1), 24 and 58; Bihar Finance Rule, 1981 - Rule 13A; Rajasthan Sales Tax Act - Sections 5(3); Rajasthan Sales Tax Rule - Rule 29(2); 46th Amendment Constitution of India - Article 366(29A)

Reported in : [2006(3)JCR518(Jhr)]

question of limitation and has, thus, raised the jurisdiction of the appellate authority in passing the impugned orders. Section 24 of the Bihar Finance Act prescribes limitation in the matter of completion of assessment proceeding and reassessment in … one place to another and the sale of such air-conditioners is chargeable to sales tax under the Bihar Finance Act, 1981 under Entry No. 116 of the Schedule at the rate of 16%.6. One of the disputes in … common judgment.2. Four of the writ petitions relate to the assessment years 1985-86 to 1988-89, wherein, the petitioner has exhausted all its statutory remedies, such

Commissioner Of Central Excise Raipur Vs. M/s Sepco Electric Power Con ...

Court : Supreme Court of India

Subject : Service Tax

Central Excise, Raipur to the respondent under Section 73 read with Sections 65, 66 and 68 of the Finance Act, 1994 demanding the service tax along with interest under Section 75 and for imposition of penalty under Sections … is held by this Court in the cases of CIT v. Century Spinning and Manufacturing Co. Ltd. (1953) 24 ITR499and Vazir Sultan Tobacco Co. Ltd. v. CIT, A.P., Hyderabad, (1981) 4 SCC435= (1981) 132 ITR559(SC) that where

Mohan Singh Oberoi and Prithvi Raj Singh Oberoi Vs. Income Tax Officer ...

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 2(24), 17(2), 40A(5) and 148; ;Finance Act, 1985; ;Taxation Laws (Amendment) Act, 1984

Reported in : (2007)213TTJ(Cal)484

not be included in the expression 'benefit' and/or 'perquisite' in view of the subsequent amendment brought by the Finance Act, 1985. In this regard, the relevant observations of the Division Bench are quoted below:We have considered the rival contentions. … the appeals are assessed to income-tax for the relevant assessment year. After the assessment was complete notice under Section 148 was issued for reopening the assessment on the ground that they derived benefit out of interest-free loan

Hari Sharan Sarraf Vs. Commissioner of Income-tax

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 271(1), 273A and 273(1); Constitution of India - Article 226

Reported in : (1990)88CTR(All)207; [1991]188ITR60(All)

by the Taxation Laws (Amendment) Act, 1984, with effect from October 1, 1984 (which was omitted by the finance Act, 1985, with effect from May 24, 1985), the petitioner purported to make a disclosure of his concealed unaccounted income … by the Commissioner of Income-tax, Lucknow, on March 17, 1990, on a petition filed by the assessee under Section 273A of the Income-tax Act, 1961.2. The assessee is an individual. A raid under Section 132(1) of the