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Crown Re-roller (P) Ltd. Vs. State of Orissa in the Department of Fina ...

Court : Orissa

Subject : Sales Tax

Acts : Orissa Sales Tax Act, 1947 - Sections 14; Orissa Sales Tax Rules, 1947 - Rule 39;

Reported in : 2004(I)OLR107; [2005]139STC305(Orissa)

to the second question, namely the issuance of notification by the State Government in exercise of power under Section 7 of the Bihar Finance Act, it is true that issuance of such notifications entitled the industrial units to … for decision is whether the State Government wh.ile exercising the power of issuing a notification under the Bihar Finance Act could deny benefits declared by the State Government under its Industrial Incentive Policy and the Supreme Court held … to this Court for sales tax benefits under the Industrial Policy Resolution, 1986.2. The State Government of Orissa formulated the Industrial Policy Resolution, 1986 effective

Shree Jagannath Packers and ors. Vs. State of Orissa and ors.

Court : Orissa

Subject : CivilSales Tax

Acts : Orissa Sales Tax Act, 1947 - Sections 6, 7 and 12; Central Sales Tax Act, 1956 - Sections 8(5) and 13(3); State Financial Corporation Act, 1951 - Sections 29; Orissa General Clauses Act, 1937 - Sections 22; Punjab General Clauses Act, 1898 - Sections 19; Bihar Finance Act - Sections 7; Customs Act, 1962 - Sections 25 and 25(1); Electricity Supply Act - Sections 49; Rajasthan Sales Tax Act, 1954 - Sections 4(2); East Punjab Public Safety Act - Sections 20 and 36(1); General Clauses Act, 1897 - Sections 21; Central Sales Tax (Deferment of Payment of Taxes) Orissa Rules, 1990; Constitution of India - Articles 14, 154(1), 154(2), 161, 162 and 166(3)

Reported in : [2005]141STC26(Orissa)

that a notification issued by the State Government in exercise of powers under Section 7 of the Bihar Finance Act to the extent it is repugnant to the Industrial Policy Resolution of the Government of Bihar is bad. … scale industry for manufacture of sterilized disposable syringe at Chandaka Industrial Estate, Patia, Bhubaneswar pursuant to the IPR 1986 and commenced commercial production on May 9, 1998 and is a continuing industrial unit of IPR 1986 and

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 … (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 … race horse owner is taxed under separate and distinct provision namely, Section 74A. He contends that when the owner of winning horse is paid money,

Commissioner of Income Tax Vs. Hotel and Allied Traders (P) Ltd.

Court : Kerala

Subject : Direct Taxation

Reported in : (1998)149CTR(Ker)396

to 'companies other than a trading or investment company'.3. 'Mading company' is defined under s. 2(7)(g) of the Finance Act, 1986, which is relevant in this case, imeaning a company whose business consists mainly in dealing in goods or … Note: INCOME TAX Company--TRADING COMPANY--Company engaged in hotel business. Ratio & Held : Trading company is defined under section 2(7)(g) of the Finance Act, 1986 which is relevant in this case, meaning a company whose business consists

The Commissioner of Income Tax Vs. Sree Annapoorna Gowrishankar Metals ...

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act - Sections 80B and 154; Finance Act, 1986 - Sections 2(7)

Reported in : (2003)182CTR(Mad)466; [2003]262ITR497(Mad)

following its earlier order rendered in the assessee's own case, held that as per section 2(7)(g) of the Finance Act, 1986, the assessee is not a trading company and is liable to be taxed at the rate of 55%

Dharampal Satyapal Ltd. Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Excise

Acts : Central Excise Act - Sections 5A and 5A(1)

issued by the Government of Bihar dated 2.4,1994 in exercise of power under Section 7 of the Bihar Finance Act to the extent it indicates 'who has not availed of any facility or benefit under any industrial promotion … specified in the First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985 (1 of 1986) and cleared from a unit located in the Growth Centre or Integrated Infrastructure Development Centre or Export Promotion

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 … provision for bad and doubtful debts account made under that clause. ' 7. Section 36(1)(vii) of the Act as it stood prior to its amendment

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

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 … they are the sole directors for a consideration of Rs. 66,99,106 and an agreement of sale dated October 7, 1990, was also entered into. Initially there were some defects in the application and the same were rectified

Commissioner of Income-tax Vs. P.A. Venkataraman

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 5 and 64; Finance Act, 1986

Reported in : [2000]246ITR773(Mad)

as to whether the words 'total income' in sub-paragraph II of paragraph A in Part III of the Finance Act, 1986, which refers to the income of the individual would also include the income of other persons whose income … the income of other persons whose income is required to be treated as part of his income under Section 64 of the Income-tax Act, 1961, which occurs in Chapter V of the Income-tax Act, is the question