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Oct 25 1999

Berlia Chemicals and Traders (P) Ltd. Vs. Asstt. Cit

Court : Mumbai

Decided on : Oct-25-1999

Subject : Direct Taxation

Reported in : (2002)76TTJ(Mumbai)974

would have specified so in no uncertain terms as was done when Explanation 8 was inserted by the Finance Act, 1986, with retrospective effect from 1-4-1974. The situation in the present case is clearly distinguishable from the one which … Co. v. CIT : [1990]183ITR1(SC) . In that case, the Supreme Court was dealing with the provisions of section 40(b) and with Explanation 1 inserted by the Taxation Laws (Amendment) Act, 1984, in clause (b) of section 40.

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Dec 07 2006

Ambika Nahar Exports and anr. Vs. Commissioner of Customs (Port) and o ...

Court : Kolkata

Decided on : Dec-07-2006

Subject : Customs

Acts : Customs Act, 1962 - Sections 28, 125, 128, 128A, 129A to 129E, 130, 130A and 130E; ;Finance Act, 1984 - Section 40; ;Customs Tariff Act, 1975; ;Customs and Central Excises Laws (Amendment) Act, 1988; ;Customs and Excise Revenues Appellate Tribunal Act, 1986 - Section 3; ;Central Excise Act, 1944 - Section 35F; ;Income Tax Act, 1961 - Sections 254(1), 254(2), 256 and 256(1); ;Indian Income Tax Act, 1922 - Sections 33(4) and 66(1); ;Indian Penal Code (IPC), 1860 - Sections 193, 196 and 228; ;Code of Criminal Procedure (CrPC) , 1973 - Section 195; ;Code of Civil Procedure (CPC) , 1908; ;Constitution of India - Article 226

Reported in : 2007(3)CHN625

the first proviso to Sub-section (1), which is pending immediately before the commencement of Section 40 of the Finance Act, 1984, before the Appellate Tribunal and any matter arising out of or concerned with such appeal and which … Customs and Excise Revenues Appellate Tribunal established under Section 3 of the Customs and Excise Revenues Appellate Tribunal Act, 1986 (62 of 1986), against such decision or order.Section- 129DD. Revision by Central Government.-(1) The Central Government may, on

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Sep 26 2014

Bangalore Turf Club Ltd. Vs. Union of India

Court : Karnataka

Decided on : Sep-26-2014

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 … whatsoever would be chargeable to income tax at a flat rate of 40% on the gross winnings and contends that this charge of taxation does … (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

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Oct 05 2006

Commissioner of Wealth Tax Vs. Cadmach Machinery Co. Pvt. Ltd.

Court : Gujarat

Decided on : Oct-05-2006

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 2, 3 and 27(1); Finance (Amendment) Act, 1983 - Sections 40, 40(2) and 40(3); Finance Act, 1988 - Sections 87

Reported in : (2007)212CTR(Guj)285

in actual use for the purpose of business as contemplated under the provisions of Section 40(3)(vi) of the Finance Act, 1983?(2) Whether, by allowing the claim of the assessee, the appellate Tribunal has not caused violation to the … of law arising out of its order dated 22.12.1995 in WTA No. 2589/Ahd/1991 in respect of assessment year 1986-87.(1) Whether the appellate Tribunal is right in law and on facts in deleting the value of the factory

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Dec 15 1998

Commissioner of Wealth Tax Vs. Varadharaja theatres (P) Ltd.

Court : Chennai

Decided on : Dec-15-1998

Subject : Direct Taxation

Reported in : (2000)162CTR(Mad)276

that the cinema building owned by the assessee is entitled to exemption from wealth-tax under section 40(3)(vi) of Finance Act, 1983, as it stood during the relevant period, namely, the years 1984-85, 1985-86, 1986-87, despite the fact that

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Sep 21 2017

Commissioner of Wealth Tax vs.atma Ram Properties (P) Ltd.

Court : Delhi

Decided on : Sep-21-2017

Subject : Direct Taxation

their assets. However, the Finance Act 1983 (FA1983 revived wealth tax in respect of the assets of companies. Section 40 (1) of the FA1983stated that notwithstanding anything contained in Section 13 of the FA, 1960, wealth tax was … it is first necessary to understand the background in which the questions that have been framed arose. The Finance Act, 1960 (FA1960 exempted WTA No.16/2005 & connected matters Page 11 of 38 companies from the levy of wealth … income’.6. Against the above decisions of the ITAT for AYs 1981-82 to 1986-87, no appeals were filed or reference sought to this Court by the

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Mar 12 1993

Assistant Commissioner of Vs. Canara Food Processors (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Mar-12-1993

Subject : Direct Taxation

Reported in : (1993)45ITD500(Pune.)

it has been held that the amendment to Section 40(3)(vi) of the Finance Act, 1983 made by the Finance Act, 1986 was certainly curative and therefore normally could be declared as declaratory of existing law. In that case, the

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Sep 26 2014

Bangalore Turf Club Limited Vs. Union of India

Court : Karnataka

Decided on : Sep-26-2014

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 … Byramji, 11. Mr.Warren Singh, 12. Mr. Neil Darashah, S/o R.R.Byramji Aged about 40 years Residing at ‘Darius Villa’, No.17/14, Ali Askar Road, Bangalore-560 052. S/o … any sort as per Sec. 194B of the Income Tax Act and consequently hold that the provisions of section 194B are not applicable to the petitioners. W.P.NO.6674/2013 BETWEEN: M/s Mysore Race Club Limited A company incorporated under

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Jun 07 2006

Pallonji Shapoorji and Co. (P) Vs. Deputy Commissioner of Wealth Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jun-07-2006

Subject : Direct Taxation

Reported in : (2006)102ITD101(Mum.)

right to occupy premises belonging to a co-operative housing society are taxable assets under Section 40 of the Finance Act, 1983 in the case of a private limited company? Assessee has filed its return of wealth on 9th … Sons (P) Ltd., in WTA No. 1885/Bom/1989 and WTA Nos.2213 to 2215/Bom/1989 for the asst. yrs. 1984-85 to 1986-87. Assessee also relied upon a connected case of an associate concern, M/s Cyrus Investments Ltd. for the same

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May 15 2008

Magus Construction Pvt. Ltd. and anr. Vs. Union of India (Uoi) and ors ...

Court : Guwahati

Decided on : May-15-2008

Subject : Service Tax

to the petitioner, whereby the petitioner-company has been asked to get itself registered under Section 69 of the Finance Act, 1994 (hereinafter referred to as, 'the Finance Act, 1994'), inasmuch as the petitioner-company has been, according to respondent … of charge or under a contract of personal service.27. The term 'service', as defined under the Consumer Protection Act, 1986, reads as under:'service' means service of any description which is made available to potential users and includes the … has not been subjected to taxation. Yet this sector accounts for about 40 per cent of our GDP and is showing strong growth. There is

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