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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 … O.J.C. No. 1712 of 1989 and by judgment dated 8th of May, 1990, a Division Bench of this Court held that the industrial unit of

Sone Vanaspati Vs. State of Bihar and ors.

Court : Patna

Subject : Sales Tax

in a Gazette, it was not necessary to issue a formal notification in terms of Sub-section (3) of Section 7 of the Bihar Finance Act.7. The learned Counsel in support of his contention has relied upon a Full … informed the Assistant Commissioner Commercial Taxes. Aurangabad (Respondent No. 5) that the notification in question under the Bihar Finance Act, 1981 was expected to be issued shortly.6. According to the petitioner despite the same it has been threatened … its factory is situate.3. The State adopted a resolution on 21st February, 1990 known as Industrial Policy, 1990 with a view to accelerate growth of

Commissioner of Income Tax Vs. Raman Iron Foundry and Steel Rolling Mi ...

Court : Allahabad

Subject : Direct Taxation

Reported in : [2007]291ITR434(All)

of the respondent assessee.6. In view of the retrospective amendment in Section 28 of the Act by the Finance Act, 1990, with retrospective effect from April 1,1967, under Clause (iiib) the cash assistance received or receivable by any person … the matter the Tribunal was not right in deleting the addition made on account of cash assistance. [Para 7] Income Tax Act, 1961 Section 28(iiib) - INDIAN PENAL CODE, 1860 [C.A. No. 45/1860]. Section 302; [M.C. Jain,

Winsome Textiles Industries Ltd. Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 37(2A), 80A(2), 80HH, 80-IA(1), 80-IA(2), 80-IA(5), 80-IA(7), 80-IA(10), 115JA, 143(1), 143(3), 147, 148, 151, 154 and 158BD; Companies Act, 1956; Finance Act, 1990 - Sections 28

Reported in : (2005)199CTR(P& H)466; [2005]278ITR470(P& H)

of the assessee, on the basis of the retrospective amendment to Section 28 of the Act by the Finance Act, 1990, making such receipts taxable as business profits. On appeal to the Supreme Court :Held, reversing the decision of … profit as per profit and loss account (before tax) 5,96,92,435.0030% of book profits 1,79,07,730.50Tax at 43 per cent. 77,00,324Without prejudice to the above, even the profits for the eligible unit, i.e., Winsome Spinners, have, not been worked

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

Ashwini Kumar Consultants (P.) Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1993)47ITD1(Delhi)

export of goods or merchandise out of India". The deduction is computed in the following manner:- 5. The Finance Act, 1990, has amended Section 28 by inserting therein, Clauses (iiia), (iiib) and (iiic) with retrospective effect with a view … the previous year or within such further extended period as the Chief Commissioner/Commissioner may allow in this regard. 7. 'Total turnover" was not defined earlier. There has been lack of uniformity amongst the assessing authorities and many

Godavari Drugs Ltd. Vs. Jcit (Assts) Sr-1

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (2004)89ITD326(Hyd.)

export of goods or merchandise out of India." The deduction is computed in the following manner:- 5. The Finance Act, 1990, has amended Section 28 by inserting therein, Clauses (iiia) (iiib) and (iiic) with retrospective effect with a view … the judgments of the Hon'ble Bombay High Court, in the case of CIT v. Pink Star 245 ITR 757 (Bombay) wherein the High Court has found that the premium received on surrender of licences purchased by the

Velan Textiles Pvt. Ltd. Vs. Deputy Commissioner of Income-tax (Assess ...

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 260A; Finance Act, 1990 - Sections 145(1), 145(2), 32A(3) and 32A(4)

Reported in : [2009]312ITR56(KAR); [2009]312ITR56(Karn)

question of law.7. We have accordingly heard the learned Counsel for the parties and perused the record.8. The Finance Act, 1990, had amended Section 32A(4)(ii) of the Act retrospectively from April 1, 1976. It provides that the investment allowance

S.K.G. Sugar Ltd. and Shiv Shankar Chemical Industries Ltd. Vs. Commis ...

Court : Patna

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 44AC

sale as disclosed in the impugned letters is prior to March 31, 1991. The Explanation inserted by the Finance Act, 1990, to Section 44AC of the Act has been made effectivefrom April 1, 1991. Therefore, for the purposes of … the relevant time and details of tax collected by them and dates of deposit in the Government's account. 7. It would be relevant to note that the period of sale as disclosed in the impugned letters is

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