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Pepper (inspector of Taxes) Vs. Hart and Others.

Court : Kolkata

Subject : Direct Taxation

Reported in : [1991]191ITR195(Cal)

ordinary school fees.The relevant statutory provisions are to be found in chapter II of Part III of the Finance Act 1976, in particular, sections 61 and 63. Those two sections have now been replaced, with amendments immaterial for … amendments immaterial for present purposes, by sections 154 and 156 of the Income and Corporation Taxes Act 1988. Section 61 is the charging provision. It applies where a person is employed in 'directors or higher-paid employment'. Higher-paid employment

Shyamal Kumar Roy Vs. Sushil Kumar Agarwal

Court : Supreme Court of India

Subject : Civil

Acts : Indian Stamp Act, 1899 - Sections 2(14), 31, 32, 33, 35, 36, 38, 39, 40 and 61; Indian Stamp (West Bengal Amendment) Act, 1990; West Bengal Finance Act, 2006; West Bengal Act - Sections 33(4) and 33(5); Marwar Stamp Act, 1947; Code of Civil Procedure (CPC) - Sections 151

Reported in : AIR2007SC637; (SCSuppl)2007(1)CHN15; JT2006(9)SC483; (2007)1MLJ617(SC); 2006(11)SCALE159; (2006)11SCC331; 2007AIRSCW234

terms whereof stamp duty on instruments have been fixed and have undergone further amendment by the West Bengal Finance Act, 2006. It was also contended that the High Court also committed a serious error in not entertaining the … Act, 1899 ('the Act'), as amended in the State of West Bengal by Indian Stamp (West Bengal Amendment) Act, 1990 (hereinafter referred to as 'the West Bengal Act'), falls for consideration in this appeal which arises out of … questioned - Where an instrument has been admitted in evidence, such admission shall not, except as provided in Section 61, be called in question at any stage of the same suit or proceeding on the ground that the

Scottish Widows plc (Appellant) Vs. Commissioners for Her Majesty's Re ...

Court : UK Supreme Court

Subject : MRTP

(but more complex) provisions in section 82 of FA 1989. Section 444A, inserted into ICTA 1988 by the Finance Act 1990, applies to a transfer of long-term business in accordance with a scheme sanctioned under section 49 of ICA … effect to a recommendation in the report, published in 1920, of the Royal Commission on Income Tax (Cmd 615). Profits allocated to with-profits policies were to be excluded from the life office's taxable profits. This was not

Deputy Commissioner of Income Tax Vs. Finolex Cables Ltd.

Court : Income Tax Appellate Tribunal ITAT Pune

Subject : Direct Taxation

Reported in : (2008)114TTJ(Pune.)785

be a genuine SLB transaction.8.11 It is true that the Expln. 4A to Section 43(1) inserted by the Finance Act, 1996 w.e.f 1st Oct., 1996 is a recognition of the position that all SLB transactions cannot be held … and 71 per cent respectively.9.8 The assessee's allocation is given in para 61 of the order of the CIT(A). The AO and the CIT(A) examined … learned counsel pointed out that this issue is covered in the order of Hon'ble Tribunal for asst. yr. 1990-91 (supra). In that order, the expenditure was allowed in full by referring inter alia to the decision of

Siel Limited Vs. the Punjab State Electricity

Court : Appellate Tribunal for Electricity APTEL

Subject : MRTP

Reported in : (2006)LCAPTEL931

the Tariff for the financial year, 2005-06 has been determined by the PSERC without framing Tariff Regulations under Section 61 of the Act of 2003 and is, therefore, bad in law. According to them framing of the Tariff … come out with Financial Restructuring Plan for the Board. (vi) Most of the State Governments have restructured the finances of the Boards for fixation of a fair Tariff and giving relief to the consumers, but the State … Even this liability stood terminated by a decision of the Government during 1990-91. (However, during discussions of the representatives of Punjab Government with the Commission

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 … IPR can be changed if there is an overriding public interest involved. 61. The next question which arises for consideration is whether the impugned notifications

United Phosphorus Ltd. Vs. Joint Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2002)81ITD553(Ahd.)

such export incentives are of revenue nature and hence taxable, and to end all judicial controversies thereabout, the Finance Act, 1990 has inserted in Section 28 of the Income-tax Act, 1961. - Clause (Hid) read with Section 2(24)(va) (w.r.e.f … is therefore held, that the action of the Assessing Officer is justified, and accordingly the claim of Rs. 61,99,580 rejected by Assessing Officer is confirmed. The appellant does not become entitled to get this deduction in assessment

United Phosphorus Limited Vs. Joint Cit

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2001)73TTJ(Ahd.)404

such export incentives are of revenue nature and hence taxable, and to end all judicial controversies thereabout, the Finance Act, 1990 has inserted in section 28 of the Income Tax Act, 1961.Clause (iiia) read with 2(24)(va) (with effect from … is therefore held, that the action of the assessing officer is justified, and accordingly the claim of Rs. 61,99,580 rejected by assessing officer is confirmed. The appellant does not become entitled to get this deduction in assessment

Om Prakash Sharma Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Jaipur

Subject : Direct Taxation

Reported in : (2004)83TTJ(JP.)246

the searches completed before 1st June, 2002. [See (2002) 258 ITR (St) 61]. (d) Further, rates prescribed in the Finance Acts are not applicable for … charged at flat rate of 60 per cent. An amendment in this charging Section 113 was made through Finance Act, 2002. However, this amendment was made applicable w.e.f. 1st June, 2002. In the case of the assessee the … pertaining to IT(SS)A No. 49/Jp/2003 for the block period 1st April, 1989 to 25th Feb., 2000 (asst. yr. 1990-91 to 2000-01 upto 25th Feb., 2000).2. After hearing both the parties, we decide the appeals as under: IT(SS)A

Duncans Industries Limited Vs. Commissioner of Income Tax, W.B.

Court : Kolkata

Subject : Direct Taxation

force during that year and in view of the amendment in sub-section (3) of the 80HHC by the Finance Act, 1990 with effect from April 1, 1991, the Tribunal declined to grant relief to the assessee for the Assessment