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Britannia Industries Ltd. Vs. Commissioner of Income Tax, West Bengal, ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 30 to 36, 37, 37(1), 37(3), 37(4), 37(5) and 80B; Finance Act, 1964 - Sections 37(3); Finance Act, 1970; Finance Act, 1997; Finance Act, 1983 - Sections 37

Reported in : AIR2005SC4333; (2005)198CTR(SC)313; [2005]278ITR546(SC); JT2005(12)SC98; 2005(8)SCALE148; (2006)1SCC646

book in 1964 and underwent several other changes thereafter. Sub-section (3) of Section 37 was inserted by the Finance Act 1964 with effect from 1st April, 1964 and was, thereafter, omitted by the Finance Act 1997 with effect

Kundil Alloys Pvt. Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Service Tax

penalty & interest provisions on Modvat Credits when Clause XVIC was inserted in Section 31(2) vide amendment by Finance Act, 1995 & notification 25/95 CE(NT) dt 31.5.95 then issued or Clause 1(bb) added vide Finance Act 1999 to bring … statute that levies and charges the tax makes a substantive provision in this behalf...." And after perusal of Section 37(1) Central Excise Act, 1944, which is only a general rule making power conferred cannot be read and relied

Dlf Universal Ltd. Vs. Appropriate Authority and anr. Etc.

Court : Supreme Court of India

Subject : Direct Taxation

Reported in : (2000)160CTR(SC)401

was substituted by the Income Tax (Seventh Amendment) Rules, 1987. Sub-section (4) of section 269UC was inserted by Finance Act, 1995 with effect from 1-7-1995. Before the insertion of sub-section (4) this court in Appropriate Authority v. Tanvi Trading … 269UC of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') and Rule 48L and Form 37I of the Income Tax Rules, 1962 (hereinafter referred to as 'the 'Rules')2. A number of writ petitions had

Peerless Securities Ltd. Vs. Joint Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2005)60SCL59NULL

as ships, vehicles, books, scientific apparatus and surgical equipment, used for the purpose of business or profession. The Finance Act, 1995 amended the definition with retrospective effect from 1-4-1962 to state that the work 'plant' does not include tea … expenditure was incurred wholly and exclusively for the purpose of business and the same should be allowed under Section 37(1). Non-adjustable deposit for Membership and subscription of Rs. 30 lakhs has been paid for obtaining the right of

Commissioner of Income Tax Vs. Polisetty Somasundaram (P) Ltd.

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act 1961 - Sections 37, 37(1), 37(2), 37(2A) and 261

Reported in : (1997)140CTR(AP)497; [1997]225ITR123(AP); [1997]95TAXMAN388(AP)

sub-s. (2A) of s. 37 was inserted by amendment made in 1983 w.e.f. 1st April, 1976, by the Finance Act, 1983. That Expln. reads as under : 'Explanation 2 - For the removal of doubts, it is hereby … as entertainment expenditure - Income Tax Officer said it would not fall within meaning of entertainment expenditure under Section 37 (2A) - Commissioner of Income Tax (Appeals) held that it was entertainment expenditure as it was in nature

Peerless Securities Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2005)94ITD89(Kol.)

as ships, vehicles, books, scientific apparatus and surgical equipment, used for the purpose of business or profession. The Finance Act, 1995, amended the definition with retrospective effect from 1st April, 1962 to state that the word 'plant' does not … expenditure was incurred wholly and exclusively for the purpose of business and the same should be allowed under Section 37(1). Non-adjustable deposit for membership and subscription of Rs. 30 lakhs has been paid for obtaining the right of

Commissioner of Income-tax Vs. Sundaram Industries Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 37, 37(2A), 40, 40A(5), 45, 48 and 80J; Finance Act, 1983 - Sections 37(2A)

Reported in : (2000)158CTR(Mad)437; [1999]240ITR335(Mad)

expenditure prior to the insertion of Explanation 2 to Section 37(2A) of the Income-tax Act, 1961, by the Finance Act, 1983, with effect from April 1, 1976. Since the assessment year involved is 1974-75, the prior law would

Zunjarrao Bhikaji Nagarkar Vs. U.O.i. and Others

Court : Supreme Court of India

Subject : Service

Acts : Central Civil Services(Classification, Control and Appeal) Rules, 1965 - Rule 14; Central Excise Act, 1944; Finance Act, 1995 Sections 11-A, 33, 35B and 37; Central Excise Rules, 1944 - Rules 9, 49, 52A, 53, 173G,Q and 226; Income Tax Act, 1961 - Sections 129, 139, 142, 143(1), 144A, 148 and 271; CCS(Conduct) Rules, 1964 - Rule 3(1); Orissa Sales Tax Act, 1947 - Sections 7, 11, 12(5) and 25(1); Indian Penal Code (IPC), 1860 - Sections 63 and 325; Drug and Cosmetics Act, 1940 - Sections 18, 27 and 34; Code of Civil Procedure (CPC) - Order 7, Rule 11; Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Constitution of India - Article 14 and 19

Reported in : AIR1999SC2881; 1999(66)ECC40; 1999LC29(SC); 1999(112)ELT772(SC); JT1999(5)SC366; (2000)ILLJ728SC; 1999(4)SCALE480; (1999)7SCC409; [1999]Supp1SCR87; 2000(1)SLJ291(SC)

is now called Commissioner after amendment of the Central Excise Act, 1944 (for short the 'Act') by the Finance Act of 1995. Presently the appellant is posted as Director, National Academy of Customs, Excise and Narcotics, Mumbai. He … this section, the duty as reduced or increased, as the case may be, shall be taken into account.15. Section 37 of the Act empowers the Central Government to make rules carrying into effect the purposes of the Act.

Gujarat Alkalies and Chemicals Ltd. Vs. Deputy Commissioner of Income ...

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2002)82ITD135(Ahd.)

i.e.., 1st April, 1999. According to the learned counsel, the legislative intention in introducing Section 35AB by the Finance Act, 1985, w,e.f. 1st April, 1986, and thereafter substituting the same by a new provisions allowing depreciation on the … These two appeals filed by the assessee relating to asst. yrs.1994-95 and 1995-96 involve common points and are being disposed of by a single order … allowed in full since the expenditure incurred on payment of technical know-how fees represents allowable business expenditure under Section 37(1). The technical know-how fees paid during the year related to various projects as under: However, during the course

Reliance Industrial Infrastructure Ltd. Vs. Jt. Cit

Court : Mumbai

Subject : Direct Taxation

Reported in : (2002)75TTJ(Mumbai)606

is only with effect from assessment year 1997-98 that the new provisions of section 145(2) substituted by the Finance Act, 1995, have come into operation which alone have empowered the Central Government to notify Accounting Standards to be followed … without corresponding payment of lease tax, it will violate the Lease Tax Act and, therefore, not deductible under section 37 of the Income Tax Act. It is pointed out that the learned Departmental Representative had submitted that because