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Super Spinning Mills Ltd. Vs. Commissioner of Income-tax and anr.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 156, 220 and 220(2); Taxation Laws (Continuation and Validation of Recovery Proceedings) Act, 1964 - Sections 3; Finance Act, 1986

Reported in : [2000]244ITR814(Mad)

Income-tax (Appeals), the Income-tax Officer filed an appeal to the Income-tax Appellate Tribunal, Madras. In the meantime, the Finance Act, 1986, added an Explanation 8 to Section 43(1) with retrospective effect from April 1, 1974. In view of the … such circumstances, there is no question of issuing fresh notice of demand as claimed. Further, in view of Section 3 of the Taxation Laws (Continuation and Validation of Recovery Proceedings), Act, 1964, the original notice of demand issued

Bangalore Turf Club Ltd. Vs. Union of India

Court : Karnataka

Subject : Direct Taxation

Minister made a speech on the Floor of Parliament making it explicitly clear and indicating thereunder that by Finance Act , 1986 Section115BB has been inserted to provide gross winnings from lotteries, crossword puzzles, races including horse races (other than … 1961. (2) Quash notices for the years 2006-07, 2007-08, 2008-09, 2009-10 upto 31.12.2009 (3rd quarter) as being barred by limitation (Annexures-B, B1, B2, B3). (3) … (5) Declare that Stake Money paid by the petitioner cannot be construed as winnings from games as per Section 194B of the Act. (6) Declare that the correct provision applicable in the present case is the Board

Kirti M. Kothari Vs. Union of India (Uoi) and Collector of Customs

Court : Mumbai

Subject : Customs

Acts : Finance Act, 1986 - Sections 49(1); Customs Tariff Act, 1975 - Sections 3

Reported in : 2006(6)ALLMR229; 2006(6)BomCR135; 2007(207)ELT496(Bom)

entire auxillary duty of the customs which would be leviable under Sub-section (1) of Section 49 of the Finance Act, 1986 and (c) additional duty leviable under Section 3 of the Customs Tariff Act, 1975. It is material to

Indian Aluminium Co. Etc. Etc. Vs. State of Kerala and Others

Court : Supreme Court of India

Subject : Electricity

Acts : Kerala Electricity Surcharge (Levy and Collection) Act, 1989 - Sections 3 and 11; Finance Act, 1978 - Sections 36; U.P. Sales Tax Act, 1948 - Sections 3; Constitution of India - Articles 32, 131, 246, 245, 262, 304 and 366; Punjab Village Common Lands (Reglations) Act, 1961; Karnataka State Civil Servies (Regulations of Promotion, Pay and Pension) Act, 1973; Iner- State Water Disputes Act, 1956 ; Kerala Essential Articles Control (Temporary Powers) Act, 1961 - Sections 3; Kerala Essential Articles Control Act, 1986; Essential Articles (Control) Act, 1963; Kerala Electricity Duty Act, 1963; Income-tax Act, 1922 - Sections 128; Government of India Act, 1935; Orissa Sales Tax Act, 1947 - Sections 14; Essential Commodities Act - Sections 3; Finance Act, 1964 - Sec

Reported in : 1996IIAD(SC)137; AIR1996SC1431; JT1996(2)SC85; 1996(1)SCALE780; (1996)7SCC637; [1996]2SCR23

of the Kerala High Court made in O.P. No. 5957 of 1987 and batch.3. By Section 36 of Finance Act 1978, the Central excise and Salt act, 1944 [for short the 'Excise Act) was amended to impose central … character of a tax on electricity. The Government, acting as a delegate under the Kerala Essential Articles Control Act, 1986 (Act 16 of 1986), is not competent to impose any tax. A writ of mandamus was issued directing

N. Karuna and anr. Vs. Appropriate Authority and ors.

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 269UA, 269UC, 269UC(1), 269UC(2), 269UC(3), 269UC(4), 269UD, 269UD(1), 269UD(1A), 269UD(1B), 269UF(2), 269UL and 269UL(2); Transfer of Property Act, 1882 - Sections 53A; Registration Act, 1908; Finance Act, 1986

Reported in : [2001]251ITR230(AP)

other law for the time being in force.' 9. Chapter XX-C was inserted in the Act by the Finance Act, 1986, with effect from October 1, 1986. The object and purpose of inserting Chapter XX-C in the Act was … 15 per cent., therefore, it issued notices dated December 20, 1999, to the petitioners calling for objections under Section 269UC of the Act, initiating proceedings for pre-emptive purchase in exercise of the powers conferred on the first … 'no objection certificate' pursuant to the joint statement filed in Form No. 37-I of the Income-tax Act, 1961, as illegal and arbitrary by setting aside

Hiten Rashmikant Mehta and Swati Hiten Mehta Vs. Union of India (Uoi) ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Rules, 1962 - Rule 48DD, 48L and 48L(2); Income Tax (Seventh Amendment) Rules, 1987; Income Tax Act, 1961 - Sections 269A, 269AB, 269AB(1), 269AB(2), 269D(1), 269F(7), 269RR, 269UC, 269UC(3) and 269UD(1); Finance Act, 1986; Transfer of Property Act, 1882 - Sections 53A; Registration Act, 1908

Reported in : (2007)109BOMLR2567; (2008)214CTR(Bom)303; [2009]311ITR212(Bom)

competent authority could consider the statement in form 37EE filed by the petitioners, the Act was amended by Finance Act, 1986 w.e.f. 1st October, 1986. By the said amendment, Section 269RR was inserted in the Act to the effect … Bhulabhai Desai Road, Bombay ('flat in question' for short) in favour of the petitioners as per agreement dated 30th August, 1986 is governed by Chapter XX-A of the Act and not Chapter XX-C and, therefore, the impugned

Bangalore Turf Club Limited Vs. Union of India

Court : Karnataka

Subject : Education

Minister made a speech on the Floor of Parliament making it explicitly clear and indicating thereunder that by Finance Act , 1986 Section115BB has been inserted to provide gross winnings from lotteries, crossword puzzles, races including horse races (other than … any other provision. He contends that the intent of amending Section 74A by Finance Act, 1974 by incorporating sub-section (3) was to entitle the race horse owners to carry forward and set off loss incurred by them in

Musthafa Ummer and anr. Vs. Appropriate Authority and ors.

Court : Kerala

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 269UC, 269UD and 269UD(1A); Constitution of India - Article 14

Reported in : (2002)173CTR(Ker)402; [2002]254ITR134(Ker)

considering the validity of the various provisions in Chapter XX-C inserted in the Income-tax Act, 1961, by the Finance Act, 1986. While considering the scope of Section 269UD(1), the apex court held as follows (page 553): 'In the light … The petitioners and the company submitted the application under Section 269UC of the Income-tax Act in Form No. 37-I, rule 48-L to the appropriate authority. The details of the property were given in the application. The property

South Indian Bank Ltd. Vs. Commissioner of Income-tax

Court : Kerala

Subject : Direct Taxation

Acts : Finance Act, 1985; Income Tax Act, 1961 - Sections 36, 36(1) and 36(2)

Reported in : (2003)183CTR(Ker)21; [2003]262ITR579(Ker)

36(1) and Clause (v) of Section 36(2) were inserted simultaneously with effect from April 1, 1985, by the Finance Act, 1985. Clause (viia) of Section 36(1) of the Act, it must be noted, was inserted by Act 21 … the prescribed manner, whichever is higher.' 4. Clause (viia) had again undergone a change, by the Income-tax (Amendment) Act, 1986, from April 1, 1987, the relevant portion of which reads as follows :'(viia) in respect of any provision … ambit of the proviso to Clause (vii) of Sub-section (1) of Section 36 of the Act. Since the aforesaid question is a purely legal issue,

South Indian Bank Ltd. Vs. Cit

Court : Kerala

Subject : Direct Taxation

Reported in : [2003]130TAXMAN749(Ker)

of section 36(1) and clause (v) of section 36(2) were inserted simultaneously with effect from 1-4-1985 by the Finance Act of 1985. Clause (viia) of section 36(1) of the Act, it must be noted, was inserted by Act … such bank, computed in the prescribed manner;Clause (viia) had again undergone a change, by the Income Tax (Amendment) Act, 1986 from 1-4-1987, the relevant portion of which reads as follows :'(viia) in respect of any provision for bad … ambit of the proviso to clause (vii) of sub-section (1) of section 36 of the Act. Since the aforesaid question is a purely legal issue.