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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

inserted by the Finance Act 1964 with effect from 1st April, 1964 and was, thereafter, omitted by the Finance Act 1997 with effect from 1st April, 1998.Similarly Sub-section (4) was inserted by the Finance Act 1970 with effect from … 30 to 36 of the Act, but have been referred to on account of reference made thereto under Section 37 of the Act which is important for our purpose. In order to appreciate the arguments advanced on behalf

Elgi Electric and Industries (P) Ltd. Vs. the Deputy Commissioner of I ...

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Section 260A,; Finance Act of 1992 - Section 37(2A); Finance Act of 1997 - Section 37(1)

under Finance Act of 1992 with effect from 1.4.1993. Sub Section (2) itself was omitted subsequently by the Finance Act, 1997 with effect from 1.4.1998. Sub Section (2) as it stood during the relevant assessment year herein in this … in confirming the estimated disallowance of Rs.1,50,420/- treating the same as 'entertainment expenditure' hit by Explanation 2 to Section 37(2A)?2. The question raised on refundable contingency deposit to be included as trading receipt was already considered in T.C.No.890

Commissioner of Income-tax Vs. A.J. Shetty and Co. P. Ltd.

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 37(1)

Reported in : (2002)173CTR(Kar)375; ILR2002KAR906; [2002]255ITR180(KAR); [2002]255ITR180(Karn); [2002]122TAXMAN389(Kar)

and no deduction or allowance shall be made in respect of such expenditure.(2) and (2A) Omitted by the Finance Act, 1997, with effect from 1st April, 1998.(2B) Notwithstanding anything contained in Sub-section (1), no allowance shall be made in … cent, of the raid expenses and 75 per cent, of the amounts paid to informants are allowable under Section 37(1) ?'2. The statement of case furnished by the Tribunal indicates the following facts :The assessment year concerned is

Coral Cosmetics Ltd. Vs. Union of India (Uoi)

Court : Mumbai

Subject : Excise

Acts : Finance Act, 1999 - Sections 131 and 132; Central Excise Act, 1944 - Sections 4, 37 and 37(2); Central Excise Rules, 1944; Central Excise (Amendment) Rules, 1997 - Rule 57F and 57F(17); Companies Act, 1956; Customs Tariff Act, 1975 - Sections 3; Central Excise Tariff Act, 1985; Constitution of India - Articles 14, 19(1) and 141

Reported in : 2009[16]STR371

1995. By Section 132 of the Finance Act, 1999, Sub-rule 57-F(17) as inserted by Central Excise (Amendment) Rules, 1997 came to be validated from 1st March, 1997 and Clause (e) of Sub-rule (17) inserted by the Central … V.C. Daga, J.1. The petitioners seek to challenge the constitutional validity of Section 131 and 132 of the Finance Act, 1999. By Section 131 of the Finance Act, Clause (xxviii) was inserted in Section 37(b) of the Central

Godrej and Boyce Mfg.Co.Ltd. Mumbai. Vs. Commissioner of Income Tax,

Court : Mumbai

Subject : Income Tax

Acts : Income Tax Act, 1961 - Section 14A(1)(2)(3); Income Tax Act, 1922 - Section 8; Finance Act of 2001 - Section 14A; Finance Act 1997 - Section 10(33)

income which does not form part of the total income. In view of Section 10(33) inserted by the Finance Act 1997 w.e.f. 1 April 1998, incomes by way of dividends referred to in Section 115O are not includible in … among them yield taxable income and the others do not, the question of allowability of the expenditure under section 37 of the Act will depend on : (a) fulfilment of requirements of that provision noted above; and (b)

Madras Steel Re-rollers Association Vs. Union of India (Uoi)

Court : Chennai

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 3A, 3A(2) and 37; Central Excise Tariff Act; Finance Act, 1997 - Sections 81; Reserve Bank of India Act, 1934 - Sections 45S; Hot Re-rolling Steel Mills Annual Capacity Determination (Amendment) Rules, 1997 - Rules 3, 3(5), 5 and 5(3); Central Excise Rules

Reported in : 2001(129)ELT316(Mad)

in Section 3A of Central Excise Act, which is an amended provision inserted by Section 81 of the Finance Act, 1997, with effect from 14-5- 1997, that the above section was inserted only to prevent the evasion of duty … duty, valuation and the procedure for recovery etc. The Central Excise Rules framed under the powers vested under Section 37 of the Act prescribe the procedures, forms, etc. The rate of duty for each excisable goods is prescribed

Committee of Management, Maharaja Harish Chandra Post Graduate College ...

Court : Allahabad

Subject : Constitution

Acts : Uttar Pradesh State Universities Act, 1973 - Sections 37 and 37(2); Uttar Pradesh State Universities Ordinance; Constitution of India - Article 226

Reported in : 2005(2)ESC1427

for the period 1-7-2002 to 30-6-2003 -Annexure-10 to the writ petition) for the first time, referred to Self Financing Scheme. Perusal of said letter dated 20-7-2002 shows that it refers to G.O. dated 11-11-1997 dealing with Self … an application for seeking recognition/affiliation to run 'post graduate classes' in the subjects of 'Sociology' and 'Economics' under Section 37(2) of the Act on October 18, 1995 as required under law. 4. Initially, as provided under the Act

Pesticides Mfrs. and Formulators Ascn. of India Vs. Union of India (Uo ...

Court : Delhi

Subject : Excise

Acts : Societies Registration Act; Central Excise Act, 1944 - Sections 37 and 37B; Central Excise Tariff Act, 1985; Finance Act, 1996; Finance Act, 1997; Insecticides Act - Sections 3(1); Indian Tariff Act; Insecticides Rules, 1971

Reported in : 2000(115)ELT324(Del)

sale; or(ii) as preparations; or(iii) as articles such as sulphur treated bands, wicks and candles etc.12. By the Finance Act, 1997 Chapter Note 1(a)(2) was amended to read as under :'This Chapter does not cover separate Chemical by defined … respondent No. 2, the Central Board of Excise and Customs has been given powers to issue orders under Section 37 of the Central Excise Act, 1944 for the purpose of uniformity of classifications. All such orders are binding

Bharat Ferrous (P) Ltd. Vs. Union of India (Uoi)

Court : Guwahati

Subject : Excise

Acts : Finance Act, 1997 - Sections 3A; Central Excise Act, 1944 - Sections 3A, 3A(2), 3A(3), 3A(4) and 37; Induction Furnace Annual Capacity Determination Rules, 1997 - Rule 3(3); Central Excise Rules, 1944 - Rule 96ZO and 96ZO(3)

arbitrary determination of excise duty in violation of the provisions of law.4. Section 3A was inserted by the Finance Act of 1997 providing for determination of annual capacity of production of a factory for levy of excise duty. … By the Notification No. 27/97, dated 25th July, 1997, the Central Government in exercise of powers conferred under Section 37 of the Act of 1944 inserted certain provisions of which Rule (2) provide for abatement under subsection (3)

C.S. Mathur Vs. Central Board of Direct Taxes and ors.

Court : Delhi

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 80RRA

Reported in : 1998IVAD(Delhi)550; 1998(45)DRJ450; [1999]235ITR769(Delhi)

of the remuneration so received without its categorisation into two. The Finance Act, 1987 (11 of 1987) vide Section 37 thereof introduced the two categories in the present form providing for two rates of deduction. Now, while so … whereof is not necessary for our purpose.10.1. Section 80O as it originally stood, underwent a change by the Finance Act No.2 of 1991 (w.e.f. 1.4.1992). The provision which applied earlier to an Indian Company only was extended in … to be applied.20. In the Collector of Central Excise Vs.Indian Petro Chemicals, 1997 (11) S 318, there were two exemption notifications. Their Lordships approved the