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Commissioner of Income Tax, Ludhiana, Etc.Etc. Vs. Shri Om Prakash, Et ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 64(1) and 263; Indian Income-tax Act, 1922 - Sections 16(3) and 35; Constitution of India - Articles 14, 19(1) and 226; Gift-tax Act - Sections 4; Wealth-tax Act - Sections 4; Finance Act, 1979 - Sections 64; Taxation Laws (Amendment) Act, 1975; Finance Act, 1992; Finance (No.2) Act, 1971;

Reported in : 1996IAD(SC)205; AIR1996SC593; (1996)130CTR(SC)82; [1996]217ITR785(SC); JT1995(8)SC245; 1995(6)SCALE487; 1995Supp(4)SCC737; [1995]Supp5SCR346

which such individual is a partner' in Clause (iii) corresponding to Clause (ii) until they were deleted by Finance Act, 1992 w.e.f. April 1, 1993 and insertion of Sub-section (1A) - with which aspects we are not concerned herein. … among the High Courts on the meaning and interpretation of Clauses (i) and (ii) of Sub-section (1) of Section 64 (as they stood prior to 1st April, 1976) of the Income Tax Act, 1961 falls for resolution in

R.P. Sarathy for Minor M. Pranuthi Vs. Joint Commissioner of Income Ta ...

Court : Income Tax Appellate Tribunal ITAT Chennai

Subject : Direct Taxation

Reported in : (2005)97TTJ(Chennai)801

clubbing provision of minor's income was brought on statute book with effect from 1st April, 1993 by the Finance Act, 1992. The relevant provision of Section 64(1 A) of the Act reads as under : "64(1A)--Income of individual to

K.M. Vijayan and Others Vs. Union of India and Others

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(7), 2(24), (31) and (45), 3, 4 , 4(1), 5, 6, 7, 8, 9, 10(32), 14, 15, 16, 19(3), 17, 18, 19, 19(1), 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 64(1), 64(1A), 65, 80(L), (U), (CC) and (CCB), 88, 139, 159(6), 162, 171 and 171(1) and (9); Constitution of India - Articles 14 to 19 and 248

Reported in : [1995]215ITR371(Mad)

order or direction declaring the provisions of section 64(1A) of the Income-tax Act, 1961, as amended by the Finance Act, 1992, as illegal, beyond the scope of preventing avoidance of tax and inconsistent with the scheme of the Income-tax

Commissioner of Income-tax Vs. N.S.M. Sankarapandian

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 15, 16 and 16(1), 64 and 64(1) and 28;

Reported in : (1997)142CTR(Mad)62; [1996]222ITR289(Mad)

retains the same character of the income of the firm as profit.' 8. Explanation 2 added by the Finance Act, 1992, from April 1, 1993, in section 15 makes it clear that the salary received by a partner of … High Court in Sivasankari Chandrasekaran and Brinda Jayaraman v. CIT : [1991]189ITR51(Mad) , while considering the provisions of section 64(1)(i) of the Income-tax Act, 1961, in respect of answering a question whether in the assessment of Smt. Sivasankari

ito Vs. Shri Yogi H. Aggarwal, Associated

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2005)278ITR116(Mum.)

involving application of his skill, talent or specialized knowledge and experience." 12. With effect from 1/4/93 by the Finance Act, 1992 Section 10(32) was also inserted which reads as under :- "In the case of an assessee referred to in … 1997-98, under the head "income from other sources" assessee declared the income earned by two minor children Under Section 64(1A) of the IT. Act as under :-Ayesha Agarwal - Rs. 4,27,059/- Rs. 8,53,125/-Less deduction Under Section 10(33) in

K.V. Kuppa Raju and ors. Vs. Government of India and ors.

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 64 and 64(1A); Constitution of India - Article 14

Reported in : ILR1999KAR4445; [2000]242ITR522(KAR); [2000]242ITR522(Karn)

Unni Krishnan (J. P.) v. State of A. P., : [1993]1SCR594 .9. Section 64(1A) was inserted by the Finance Act, 1992, from April 1, 1993, i.e., the assessment year 1995-94. The validity of this provision was challenged before the

ishar Dass Sahni and Sons Vs. Deputy Commissioner of Income Tax

Court : Delhi

Subject : Direct Taxation

Reported in : (2000)68TTJ(Del)125

80J(6A), for deciding the question whether a statute is mandatory or directory. It was stressed that by the Finance Act, 1992, a totally new scheme and procedure for assessment of firms were introduced for the first time from assessment … the course of assessment proceedings.(4) That the learned Commissioner (Appeals) has failed to appreciate that the provisions of section 184(2) cannot be regarded as mandatory and absolute in nature so as to disentitle the claim of firm, … written submission made before the learned Commissioner (Appeals), copy placed at pp. 64-71 of the paper book. The arguments taken in the grounds of appeal

income-tax Officer Vs. Kuldeep Jain

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2002)81ITD379(Delhi)

which our attention was invited and the rival submissions. Under the provisions of Section 64(1A), inserted by the Finance Act, 1992 w.e.f. 1-4-1993, as they stood at the relevant point of time, in computing the total income of an

Commissioner of Income-tax Vs. B. Narasimha Rao

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(23), 64, 64(1) and 182(3)

Reported in : 2003(4)ALT244; (2003)185CTR(AP)219; [2003]263ITR62(AP)

imperative to notice under Section 64(1)(iii) of the Act, as it stood prior to its omission by the Finance Act, 1992, with effect from April 1, 1993 :'64. Income of individual to include income of spouse, minor child, etc.--(1)

Z.F. Steering Gear (i) Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Pune

Subject : Direct Taxation

Act was inserted by the Finance Act, 1991 with effect from 1-4-1991. It was subsequently amended by the Finance Act, 1992 with effect from 1-4-1993 and then by Finance Act, 1993 with effect from 1-4-1994/1-4-1995. The deduction under Section … second year new machinery costing Rs. 2,74,52,116 was installed. Also old machinery was transferred at WDV of Rs. 64,21,458.Therefore as on 31-3-1996 the total plant and machinery was as under: 13. It is seen that the assessee's