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Freeze King Industries Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Delhi

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 37, 43, 43(1) and 256(1); Finance Act, 1986

Reported in : 2001VIIAD(Delhi)183; [2001]252ITR583(Delhi)

Tribunal.6. The reference stands disposed of. Direct Taxation - expenditure - Sections 37, 43 and 256 (1) of Income-tax Act, 1961 and Finance Act, 1986 … of such asset.' 5. It is to be noted that the Explanationn in question was inserted by the Finance Act, 1986, with retrospective effect from April 1, 1974. This provision no doubt was not before the Tribunal when it … the instance of the assesses, the following question has been referred for the opinion of this court under Section 256(1) of the Income-tax Act, 1961 (for short 'the Act'), by the Income-tax Appellate Tribunal, Delhi Bench 'B'

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)

Matched in: Citation (1986)53CTR(Kar)128; [1986]160ITR50(KAR); [1986]160ITR50(Karn)

ito V.D.B. Taraporevala Sons and Co.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2005)1SOT123(Mum.)

has referred the matter to you in view of the explanation under section 37(1) which was added by Finance No. 2 Act, 1998 with retrospective effect from coming into force from 1-4-1962.In this connection we were informed … the circumstances of the case, the secret commission paid by the assessee is deductible as business expenditure under section 37 of the Income Tax Act, 1961?" Before Honble High Court, reliance by the revenue was placed on the

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

itc Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2003)86ITD135(Kol.)

was issued by the CBDT to explain the substance of the provisions relating to direct taxes in the Finance Act, 1986. The learned authorised representative is also silent about the observation of the AO that this type of addition … P&L a/c but claimed as allowable under Sections 30, 31, 36 and 37 of IT Act in the computation of income under Section 36(1)(iii) of … erred in confirming the action of the AO in rejecting the appellant's claim for being allowed deduction under Section 36(1)(iii) of IT Act, 1961, while computing the income chargeable under the head "Profits and gains of business

Dr Baliram Waman Hiray Vs. Justice B. LentIn and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Commissions of Inquiry Act, 1952 - Sections 3, 3(1), 4, 5(4), 5(5) and 6; Code of Criminal Procedure (CrPC) - Sections 195, 195(1), 195(2), 195(3) and 346; Constitution of India - Article 141; Indian Penal Code (IPC) - Sections 193 and 228; Workmen's Compensation Act - Sections 23; Payment of Wages Act - Sections 18; Indian Railways Act - Sections 40

Reported in : AIR1988SC2267; (1988)90BOMLR434; 1988(3)Crimes655(SC); [1989]176ITR1(SC); JT1988(4)SC265; 1988(2)SCALE688; (1988)4SCC419; [1988]Supp2SCR942; [1989]72STC384(SC)

the course of his submissions, he has brought to our notice the words in parenthesis added by the Finance Act, 1985 introducing the following change in Section 136 of the Income-tax Act, 1961 w.e.f. April 1,1974 from which … Workers etc. (Regulation of Employment) Act, 1981, Section 37(2) of the Emigration Act, 1983,s.13(5) of the Consumer Protection Act, 1986, Section 14 of the Sick Industrial Companies (Special Provisions) Act, 1985, Section 19 of the Illegal Migrants (Determination by

Jct Ltd. Vs. Deputy Commissioner of Income Tax and anr.

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10(2), 35, 36(1), 37, 43 and 43(1); ;Finance Act, 1986; ;Finance Act, 2003; ;Companies Act, 1948 - Section 65

Reported in : (2005)194CTR(Cal)509,[2005]276ITR115(Cal)

on the basis of Expln. 8 to Section 43(1) as was inserted in the IT Act, 1961 through Finance Act, 1986 w.e.f. 1st April, 1974, applicable in relation to the asst. yr. 1974-75 and subsequent years. The object of … machineries until the plants and machineries are first put to use, could be deductible under Section 36(1)(iii) or Section 37 of the IT Act, 1961 in computing the assessee's income, as revenue expenditure, though capitalized in the account

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

Bank of Rajasthan Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Jaipur

Subject : Direct Taxation

Reported in : (1999)68ITD69(JP.)

advertisement expenses.12. The provisions of s. 37(3A) are very clear and unambiguous. These provisions were introduced by the Finance Act, 1983 w.e.f. 1st April, 1984, and withdrawn w.e.f. 1st April, 1986. Sec. 37(3B) referred all the expenditure on … running and maintenance of aircrafts and motor crafts and payments made to hotels are all includible under this section.13. After considering the full facts, we are of the opinion that they are constitutionally valid and the action

Commissioner of Income-tax Vs. Punjab Tractors Ltd. (No. 2)

Court : Punjab and Haryana

Subject : Direct Taxation

Reported in : [2007]289ITR130(P& H)

the Income-tax Act, 1961 (for short, 'the Act'), was attracted. The said Explanation had been inserted by the Finance Act, 1986, with retrospective effect from April 1, 1974. As per the said Explanation, where the amount was paid or … for the purchase of plant and machinery when interest cannot be capitalised in view of Explanation 8 to Section 43(1) of the Income-tax Act?2. Whether, on the facts and in the circumstances of the case, the Income-tax … guest house holding that the deduction of expenditure is admissible under Section 37(1) and the disallowance is not covered by the specific provisions of Section