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Commissioner of Income Tax, Chennai Vs. Alagendran Finance Ltd.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 22, 22(2), 34, 34(1), 129, 139, 143 (3), 147, 148, 263, 263(1), 263(2) and 263(3); Income Tax Act, 1922 - Sections 22(2); Finance Act, 1989; Wealth Tax Act, 1957 - Sections 17; Companies Act, 1956

Reported in : AIR2007SC3005; (2007)211CTR(SC)69; [2007]293ITR1(SC); JT2007(9)SC424; 2007(9)SCALE387; (2007)7SCC215

[1998]231ITR50(SC) . This Court took note of the amendment made in Section 263 of the Act by the Finance Act, 1989 with retrospective effect from June 1, 1988, inserting Explanation (c) to Sub-section (1) of Section 263 of the … Madras High Court in A.K. Thanga Pillai (supra), in our opinion, has rightly considered the matter albeit under Section 17 of the Wealth Tax Act, 1957 which is in pari materia with the provisions of the Act. Relying

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

Court : Income Tax Appellate Tribunal ITAT Pune

Subject : Direct Taxation

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

of re-assessment under Section 17 of the Wealth-tax Act prior to its amendment by Direct Tax Laws (Amendment) Act, 1989 with effect from 1-4-1989, re-assessment made for the assessment year 1984-85 after 31-3-1989 and the re-assessment made for … assessments. Even after re-opening, the assets brought to tax would have been exempt under Section 40 of the Finance Act, 1983. Revenue is in appeal on the following common grounds, viz. : (1) The order of the CWT

State Bank of India Officers' Association and Anr. Vs. Deputy General ...

Court : Himachal Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24), 10, 10(14) and 17(2); ;Finance Act of 1975; ;Direct Tax Laws (Second Amendment) Act, 1989

Reported in : [1993]200ITR517(HP)

(city) allowance exempt from income-tax under Section 10(14) of the 1961 Act, an Explanation was added by the Finance Act of 1975 with retrospective effect from April 1, 1962. The Explanation is as follows :'Explanation : For the … a result of the said amendment, Clauses (iiia) and (iiib) were inserted by the Direct Tax Laws (Amendment) Act, 1989, with retrospective effect from April 1,1962, by which 'income' was to include :'(iiia) any special allowance or benefit, … as asserted in the writ petitions, is that these allowances are neither 'salary' nor 'perquisites' as defined in Section 17(1) and (2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), and, consequently, cannot be included

Bidar Sahakari Sakkare Kharkhane Niyamat, Vs. Union of India (Uoi) and ...

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 143(1), 143(1A), 264 and 271(1); Constitution of India - Articles 14 and 265

Reported in : [1999]237ITR445(KAR); [1999]237ITR445(Karn)

Laws (Amendment) Act, 1989, with effect from April 1, 1989. The said section was retrospectively substituted by the Finance Act of 1995 with effect from April 1, 1989, and the following Notes on Clauses while moving the Bill

D.R. Industries Ltd. and anr. Vs. Union of India (Uoi) and 3 ors.

Court : Gujarat

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 11AB, 11AC, 35, 35(1), 35B(1), 35B(5), 35A(4A) and 35E(3); Excise Act, 1980; Finance Act, 1980; Finance Act, 2001; Limitation Act, 1963 - Sections 4 to 24 and 29(2); Finance Act, 2007; Central Excise Rules, 1944 - Rule 173Q(1); Andhra Pradesh Administrative Tribunal (Procedure) Rules, 1989 - Rule 17 and 17(2); Constitution of India - Articles 14 and 226

Reported in : 2008(127)ECC61; 2008(153)LC61(Gujarat); 2008(229)ELT24(Guj)

by the employees (applicants) were dismissed for default, Rule 17 of the Andhra Pradesh Administrative Tribunal (Procedure) Rules, 1989 provided for a period of limitation of 30 days for making the application for restoration. Such applications for … the date of communication of the order without any reference either way regarding power to condone delay. By Finance Act, 1980, the Parliament accepted the public demand for setting up of an independent Appellate Tribunal for Customs and … petitions challenge the constitutional validity of the proviso to Sub-section (1) of Section 35 of the Central Excise Act, 1944 ('the Act' for short) in

Commissioner of Income Tax Vs. Zam Zam Tanners

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961- Sections 2(24), 17, 28, 41, 44, 45, 59, 80HHC, 139(1), 139(3), 143(1A), 143, 144, 147, 160(1), 256(2), 271, 271(1) and 280D; ;Taxation Laws (Amendment) Act, 1975; ;Finance Act, 2002 - Sections 271(1); ;Finance Act, 1993 - Sections 143(1A); ;Constitution of India - Article 141

Reported in : (2005)197CTR(All)221; [2005]279ITR197(All)

Section 143(1A) of the Act has been amended by Finance Act, 1993, with retrospective effect from 1st April, 1989 specifically providing for the levy of additional tax where the loss declared by such persons in the return … have been concealed or inaccurate particulars have been furnished.'Section 271(1)(c) of the Act has been further amended by Finance Act, 2002, by which Clause (iii) and Expln. 4 has been modified. After the amendment section reads as follows … in lieu of salary taxable under Clauses (2) and (3) of Section 17;(iv) the value of any benefit or perquisite, whether convertible into money or

Hdfc Bank Ltd. and anr. Vs. Kishore K. Mehta and ors.

Court : Mumbai

Subject : Civil

Acts : Presidency-Towns Insolvency Act, 1909 - Sections 9, 9(1), 9(2), 9(3) and 9(5); Recovery of Debts Due to Banks and Financial Institutions Act, 1994 - Sections 17, 17A, 17(1), 18, 19, 19(1), 19(4), 19(7), 19(12), 19(13), 19(17), 19(18), 19(19), 19(22), 20, 21, 22, 22(2), 23, 24, 25 to 30, 31A, 34, 34(1) and 34(2); Companies Act, 1956 - Sections 529A; Limitation Act; Income Tax Act, 1961; Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Sick Industrial Companies (Special Provisions) Act, 1985; Small Industries Development Bank of India Act, 1989; Uttar Pradesh Public Monies (Recovery of Dues) Act, 1972; Rajasthan Relief Undertakings (Special Provisions) Act, 1961; Ren

Reported in : 2008(6)BomCR340

shall be in addition to, and not in derogation of the Industrial Finance Corporation Act, 1948, the State Financial Corporations Act, 1951, the Unit Trust … the debt specified in the certificate. The question arises as to the meaning of the word 'recovery' in Section 17 of the Act. It appears to us that basically the Tribunal is to adjudicate the liability of the … Act, 1984, the Sick Industrial Companies (Special Provisions) Act, 1985 and the Small Industries Development Bank of India Act, 1989.34. The Debts Recovery Tribunal (Procedure) Rules, 1993 prescribes elaborate procedure for processing the application as well as presentation

Punjab National Bank Vs. Bengal Potteries Ltd. (In Liqn) and ors.

Court : Kolkata

Subject : Banking

Acts : Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18, 19, 31, 31(1) and 34(1); ;Industrial Finance Corporation Act, 1948; ;State Financial Corporations Act, 1951; ;Unit Trust of India Act, 1963; ;Industrial Reconstruction Bank of India Act, 1984; ;Sick Industrial Companies (Special Provisions) Act, 1985; ;Small Industries Development Bank of India Act, 1989; ;Companies Act, 1956 - Sections 446, 643, 643(1) and 643(2); ;Code of Civil Procedure (CPC) - Sections 144 and 151; ;Code of Criminal Procedure (CrPC) - Section 384; ;Constitution of India - Articles 142, 226 and 227; ;Company Court Rules, 1959 - Rule 9; ;Supreme Court Rules - Order 31 - Rule 15(1)

Reported in : 2008(4)CHN727

shall be in addition to, and not in derogation of. The Industrial Finance Corporation Act, 1948 (15 of 1948), the State Financial Corporations Act, 1951 … Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986) and the Small Industries Development Bank of India Act, 1989 (39 of 1989). the Companies Act of 1956 is conspicuously absent from the aforesaid list. Thus, it is … the suit was filed by the Bank, in this case, after the Act of 1993 came into force. Section 17 of the Act clearly provides that on and from the appointed day, the jurisdiction, powers and authority to

In Re: U.P. Carbide and Chemicals Ltd.

Court : Uttaranchal

Subject : Company

Acts : Companies Act, 1956 - Sections 19(19), 442, 446, 446(1), 529A and 537; ;Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 25, 31A and 34; Industrial Finance Corporation Act, 1948; State Financial Corporation Act, 1951; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Sick Industrial Companies (Special Provisions) Act, 1985; Small Industries Development Bank of India Act, 1989

Reported in : [2005]63SCL419(NULL)

shall be in addition to, and not in derogation of, the Industrial Finance Corporation Act, 1948 (15 of 1948), the State Financial Corporation Act, 1951 … Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986) and the Small Industries Development Bank of India Act, 1989 (39 of 1989).'7. To support his argument, the learned Counsel for the objector has relied upon the case … Court has held as under :'For the aforesaid reasons, we hold that at the stage of adjudication under Section 17 and execution of the certificate under Section 25 etc. the provisions of the RDB Act, 1993 confer exclusive

Mitsui and Company Ltd. Vs. Deputy Commissioner of Income Tax

Court : Delhi

Subject : Direct Taxation

Reported in : (1999)65TTJ(Del)1

Explanationn in section 9(ii) of the Income Tax Act, 1961, with effect from 1st April, 1979 by the Finance Act, 1983, it is clarified and declared that the income which falls under the head 'salaries' payable for services … the appeals preferred by the assessees against the common order of the Commissioner (Appeals) for the financial years 1989-90 to 1994-95 confirming the penalties levied under section 271C of the Income Tax Act, 1961. Since the facts … prosecution under section 276B. The scheme was announced in the newspapers on 17th June, 1994, and July 1994. The scheme was initially valid upon 31-7-1994,