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State of Bihar and ors. Vs. Steel City Beverages Ltd. and anr.

Court : Supreme Court of India

Subject : Sales Tax

Acts : Bihar Sales Tax Supplementary (Deferment of Tax) Rules, 1990 - Rules 2 and 3; Bihar Sales Tax Rules, 1983 - Rule 42(7); Income Tax Act, 1961; Bihar Finances Act, 1981 - Sections 58(1);

Reported in : 1998VIIIAD(SC)371; AIR1998SC235; 1999(1)BLJR10; [1999]235ITR131(SC); JT1998(8)SC49; (1999)IIMLJ15(SC); 1998(6)SCALE184; (1999)1SCC10; [1998]Supp3SCR5; [1999]112STC185(SC)

is engaged in the business of manufacturing soft-drinks and beverages. It is a registered dealer under the Bihar Finance Act, 1981. It filed a writ petition being Civil Writ Jurisdiction Case No. 1118 of 1992, through its Director-respondent … so as to amount to 'Fixed Capital Investment' under the Bihar Sales Tax Supplementary (Deferment of Tax) Rules, 1990 (hereinafter referred to as 'the Deferment Rules').2. The Company is engaged in the business of manufacturing soft-drinks and … State Government in exercise of the powers conferred by Sub-section (1) of Section 58 of the Bihar Finance Act, made the Deferment Rules. An examination … State Government and its officers, appellants herein, to accord permission Under Rule 42(7) of the Bihar Sales Tax Rules, 1983 and exempt it from using

The Commissioner of Income Tax and Vs. Brindavan Beverages Ltd.

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(14), 2(19AA), 2(42C), 41[2], 45, 48, 50B, 80IA(4), 80IB(4), 80IB(5), 80HHC, 80HHC(3), 80HHC(3A), 80HHC(4), 80HHC(4A), 115A, 115B, 115BB, 115C, 115J, 115JA, 115JA[1], 115JA[2], 115JA[4], 115JB, 143(2), 161[1A], 164, 164A, 207, 208, 209, 209[1], 210, 211, 215, 234, 234A, 234B, 234C, 234G, 254(2) and 260A; Finance [No. 2] Act, 1996; Finance Act, 1997; Finance Act, 1998; Finance Act, 1999; Finance Act, 2000 - Sections 2; Companies Act, 1956 - Sections 210; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(1) and 17(1); Constitution of India - Article 141

Reported in : (2010)228CTR(Kar)1; [2010]186TAXMAN233(Kar)

in reference to the provisions of Section 115JA of the Act is conspicuously absent in Part-III of the Finance Act providing for computing advance tax though mention is made of Sections 115A, 115B, 115BB, 115C of the Act … not have directed the assessing officer to compute the capital gain of the assessee for the assessment year 1990-2000 even after taking the view that the transaction of transfer of the bottling unit of the assessee is … as the assessee, we find statutory definition of slump sale in Sub-section 42-C of Section 2 of the Act only with effect from 1-4-2000, as

State of Rajasthan and anr. Vs. Rajasthan Chemists Association

Court : Supreme Court of India

Subject : Sales TaxConstitution

Acts : Sales of Goods Act, 1930 - Sections 3, 4 and 9; Rajasthan Sales Tax Act, 1994 - Sections 2(42), 2(44) and 4A; Finance Act, 2004 - Sections 4A and 4A(1); Standards of Weights and Measures Act, 1976; Standards of weights and Measures Rules; Constitution of India - Articles 246, 286 and 366(29A); ;Constitution of India (42nd Amendment) Act, 1982 - Article 366; Constitution of India (46nd Amendment) Act; Drug Price Control Order, 1995; Essential Commodities Act, 1955 - Sections 3; Uttar Pradesh Sales Tax Act, 1948 - Sections 2; Contract Act - Sections 77; Income Tax Act, 1961 - Sections 28 to 43C, 44AC, 44AC(1) and 206C; Direct Tax Laws (Amendment) Act, 1989; Finance Act, 1988; Finance Act, 1990 - Sections 44AC; Madras General Sales Tax Act, 1939 - Sections 2; Madras General Sales T

Reported in : AIR2006SC2699; 2006(202)ELT217(SC); JT2006(6)SC553; RLW2006(4)SC3365; 2006(7)SCALE330; (2006)6SCC773; [2006]147STC542(SC); 2006(2)LC975(SC)

in the said Act by Finance Act, 1988 w.e.f. 1.4. 1988. Explanation to Section 44AC was inserted by Finance Act, 1990 w.e.f. 1.4.1991. These provisions enabled the revenue to estimate the profits on a presumptive basis in the case … (in short the 'Sales Act') as modified/extended by Clause 29-A of Article 366 of the Constitution, inserted by 42nd Amendment Act, 1982. Single point tax is leviable on sale of medicines as per Notification issued under the

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. … years from the date of commercial production to new small-scale industries. Accordingly, Notification No. 27662-CTA-560/90-F dated August 16, 1990 was issued under Section 6 of the Orissa Sales Tax Act, 1947 providing such exemption for a period … filed this writ petition for quashing the said three notifications.5. O.J.C. No. 4297 of 2000 [Petitioner--Kali Oil Mills (P) Ltd.] :Under IPR 1989, the State

Sales Tax Officer (Enforcement) Vs. Fag Precision Bearings Ltd.

Court : Gujarat

Subject : Sales Tax

Acts : Gujarat Sales Tax Act - Sections 3, 4, 4(1), 6, 7, 8, 26, 40, 40(1), 40(3), 41B, 41(3), 41(4), 41(6), 44, 45, 47, 65, 67, 69, 139, 140, 140A, 140A(1), 142, 142(1), 145, 154, 155 and 156; Finance Act; Income Tax Act; Constitution of India - Article 265; Gujarat Sales Tax Rules - Rule 37A; Code of Civil Procedure (CPC) - Order 47, Rule 1

Reported in : [2005]141STC339(Guj)

admission of tax liability which the assessee admits to have incurred in accordance with the provisions of the Finance Act and the Income-tax Act. Both the quantum of tax payable and its mode of recovery are authorised by … were passed by the second respondent i.e. Sales Tax Officer under Sec. 42 of the Gujarat Sales Tax Act (Local Act) read with Rule 37A … granted. 4.1D So far as Special Civil Application No. 3892 of 1997 for assessment period 1985, 1988-89 to 1990-91 is concerned, assessment orders for 1988-89 and 1990-91 are passed. Against the said orders the petitioner filed appeals … only the liability to be subjected to tax arises under the charging section 4, but the liability to pay tax also arises immediately on determination

Finolex Industries Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Pune

Subject : Land Acquisition

Reported in : (2006)101TTJ(Pune.)463

been met directly or indirectly by any other person or authority. The Expln. 8 was introduced by the Finance Act, 1986 with retrospective effect from 1st April, 1974. It is as under: For the removal of doubts, it … Bombay High Court has also been rejected. We may also notice that with regard to the asst. yr. 1990-91, the expenditure of Rs. 21,99,000 representing payment made to MSEB for laying high tension power supply lines and … the assessee is directed against the order passed by the CIT under Section 263 of the Act on 10th Feb., 1995. In the grounds of

Pooja Engineers Private Ltd. Vs. State of Bihar and ors.

Court : Patna

Subject : Sales Tax

Acts : Bihar Sales Tax Rules, 1983 - Rule 34; Bihar Finance Act - Sections 42

dated 7-1 -2000 (Annexure 7-A). The said circular provides, inter-alia, that the refund can be granted only under Section 42 of the Bihar Finance Act, read with Rule 34 of the Bihar Sales Tax Rules, 1983, to those … from Maida, which is the raw-material. The petitioner is a registered dealer under the provisions of the Bihar Finance Act. It was also registered as a small scale industrial unit in 1987. The State Government with a view … benefit of set off of sales tax under the Industrial Policy of 1990 up to the period of 31-12-1994. 3. In the year 1993, the

Union of India and Another Etc. Etc. Vs. A. Sanyasi Rao and Other Etc. ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Constitution of India - Articles 14, 19(1), 32, 136 and 301; Income-tax Act, 1961 - Sections 4, 5 to 9(1), 16(3), 28 to 43C, 44AC and 206C(4); Direct Tax Laws (Amendment) Act, 1989; Finance Act, 1988; Finance Act, 1990; Travancore-Cochin Land Tax Act, 1955; Income Tax Act, 1922 - Sections 12B, 16(3), 23A and 42(5)

Reported in : 1996IIAD(SC)401; AIR1996SC1219; [1996]219ITR330(SC); JT1996(2)SC425; 1996(2)SCALE280; (1996)3SCC465; [1996]2SCR570

the buyer is fixed by or under any State Act; The following explanation is being inserted by the Finance Act, 1990 with effect from 1 April, 1991 :Explanation : - For the purpose of this clause, 'purchase price' means … 'that all income accruing or arising, whether directly or indirectly through or from any business connection occured in Section 42 of the Income Tax Act, 1922 as well. The said section came up for consideration before this Court

Commissioner of Income-tax Vs. Sharda Gum and Chemicals

Court : Rajasthan

Subject : Direct Taxation

Reported in : (2007)209CTR(Raj)143; [2007]288ITR116(Raj)

made with retrospective effect from April 1, 1962, April 1, 1967, and April 1, 1972, respectively vide the Finance Act, 1990. Perhaps this necessitated the filing of a revised return by the assessee on May 1, 1990, of total … as under:Whether, on the facts and circumstances of the case, the Tribunal has correctly construed the provisions of Section 80HHC, in the matter of computing profits and gains of their business, in the context of the said

Reckitt and Colman of India Ltd. Vs. Deputy Commissioner of Income Tax

Court : Kolkata

Subject : Direct Taxation

Reported in : [2000]77ITD198(Cal)

definition of 'total turnover' as provided in section 80HHC itself. It may be mentioned in this connection that Finance Act, 1990 introduced clause (bb) to the Explanation to section 80HHC with effect from 1-4-1991 in accordance with which, for … (cash assistance) is considered to constitute business income under section 28 (iiib). Similarly sale of rep licence (Rs. 42,041) and duty drawbacks received by the assessee (Rs. 16,47,091), considered by clauses (iiia) and (iiic) respectively of section