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Aug 29 1972

Sunita Sabharwal Vs. Commissioner of Income-tax

Court : Delhi

Decided on : Aug-29-1972

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 139 and 140; Finance (No. 2) Act, 1965 - Sections 24 and 24(4); Hindu Minority and Guardianship Act, 1956 - Sections 6, 8 and 11

Reported in : [1973]92ITR377(Delhi)

No. 85 of 1967 is Miss Sunita Sabharwal, minor daughter of H. L. Sabharwal. Section 24 of the Finance (No. 2) Act, 1965, provided for voluntary disclosure of income on conditions mentioned therein, by a person who had failed to furnish … Act ceased to have effect with respect to any matter for which provision was made in this Act. Section 6 of the Act, in the case of a boy or unmarried girl, made the father to be the

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Jul 22 2008

Heirs and Legal Representatives of Late Laxmanbhai S. Patel Vs. Commis ...

Court : Gujarat

Decided on : Jul-22-2008

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 66I, 68, 131, 132, 132(5), 142(2A) and 256(1); Finance (No. 2) Act, 1965 - Sections 24, 24(1), 24(2), 24(3), 24(6) and 24(8)

Reported in : (2009)222CTR(Guj)138

Commissioner of Income-tax : [1981]130ITR244(SC) wherein it is held that (i) the declaration under Section 24(2) of the Finance (No. 2) Act, 1965, had to relate to income actually earned by the declarant and the Act granted immunity to the declarant … than the person making the declaration under that Act so as to rule out the applicability of Section 68 of the I.T. Act, 1961. (v) in a case of this description, there was no question of double

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Apr 09 1992

i.T.C. Limited Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Apr-09-1992

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32, 32(1), 40A(8), 43, 43(6), 80J and 263; ;Finance (No. 2) Act, 1965

Reported in : [1994]205ITR126(Cal)

such contentions to be unsound. At the time, the proviso was inserted in the present Act by the Finance (No. 2) Act, 1965, with retrospective effect from April 1, 1962, there was no scheme for initial depreciation over and above the … Ajit K. Sengupta J.1. In his reference under Section 256(1) of the Income-tax Act, 1961, for the assessment year 1981-82, the following questions of law have been … [1976]105ITR642(SC) . The following passage occurring at the bottom paragraph at page 647 is worth quoting 'Depreciation allowance has been allowed to be deducted from

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Jan 13 1971

Lachmi NaraIn Vs. Union of India

Court : Delhi

Decided on : Jan-13-1971

Subject : Constitution

Acts : Bengal Finance (Sales Tax) Act, 1941 - Sections 6(2) and 25(3); Union Territories (Laws) Act, 1950 - Sections 2; Bengal Finance (Sales Tax) (Delhi Amendment) Act, 1959 - Sections 6(2); Union Territories (Laws) Act, 1950 - Sections 2; Delhi Laws Act, 1912 - Sections 7

Reported in : ILR1971Delhi107; [1971]28STC21(Delhi)

to the Union Territory of Delhi with the restrictions and modifications laid down in the said notification. Under section 6( 1 ) of the Bengal Finance (Sales Tax) Act 1941 'no tax shall be payable under this Act … the general aspects of the questions arising in this and the other connected writ petitions. (2) Under section 2 of the Union Territories (Laws) Act 1950 'the Central Government may. by notification in the Official Gazette. extend

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Sep 12 1973

Badri Pd. and Sons Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Sep-12-1973

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 68; Finance Act, 1965

Reported in : [1975]98ITR657(All)

of explaining the cash credits.7. As the affidavits had been discarded and the circumstances of disclosure under the Finance (No. 2) Act, 1965, and the payment of tax on the amounts disclosed was not relevant to prove the ownership of money, … The Income-tax Officer held that the explanation given by the assessee was not satisfactory within the meaning of Section 68 of the Income-tax Act, 1961.3. The assessee went up in appeal. The Appellate Assistant Commissioner of Income-tax … the instance of the assessee in respect of the assessment year 1967 68. The question of law referred for our opinion is :' Whether, on

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Jul 13 1979

Addl. Commissioner of Income-tax Vs. Samrathmal Santoshchand

Court : Madhya Pradesh

Decided on : Jul-13-1979

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1965 - Sections 24 and 24(3); Income Tax Act, 1961 - Sections 68

Reported in : [1980]124ITR297(MP)

justified in law in holding that the acceptance of the voluntary disclosure petitions under Section 24 of the Finance (No. 2) Act of 1965 and the payment of tax thereon by the creditors would, in law, justify the deletion of … on a person other than the declarant and takes away the discretion vesting in the ITO, under Section 68 of the I. T. Act, 1961, to reject the explanation offered by an assessee for a cash credit

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Jul 04 1979

Pioneer Trading Syndicate Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Jul-04-1979

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1965 - Sections 24(9), 24(10), 24(11) and 24(15)

Reported in : (1979)12CTR(All)349; [1979]120ITR5(All); [1979]2TAXMAN469(All)

Voluntary Disclosure Scheme contained in the Finance (No. 2) Act of 1965?' 6. When the reference came before a Bench of this court, it felt … was reiterated before the Tribunal that all the three creditors had made disclosures before the CIT under the Finance (No. 2) Act, 1965, of the following amounts : Rs.(i) Sri Jagat Ram 20,000(ii) Smt. Gita Singh 20,000(iii) Smt. Viranwali 10,000 4. … rival submissions will depend upon the interpretation of the various provisions of the Finance (No. 2) Act of 1965. Section 24 of this Act was headed as 'voluntary disclosure of income'. It consists of sixteen sub-sections. Sub-section (1)

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Aug 20 1974

Chhotalal and Co. (Esso) Vs. Commissioner of Income-tax, Gujarat

Court : Gujarat

Decided on : Aug-20-1974

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 271(1); Finance Act, 1965 - Sections 24(11)

Reported in : [1976]104ITR500(Guj)

law in relying on the disclosure made by the assessee under sub-section (11) of section 24 of the Finance (No. 2) Act, 1965, in holding that the assessee committed gross or wilful neglect within the meaning of the Explanation to section … reference are as under 2. The assessee filed a return of income for the year 1964-65 on March 6, 1965, declaring a total income of Rs. 39,730. It appears before the assessment order was actually passed, the

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Mar 22 1977

Union of India (Uoi) and ors. Vs. Tulsidas Bhimji and ors.

Court : Kolkata

Decided on : Mar-22-1977

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1965 - Section 24, 24(2) and 24(4)

Reported in : [1977]109ITR557(Cal)

proceedings for recovery. For determining the income-tax payable on declaration of income contemplated under Section 24 of the Finance (No. 2) Act, 1965, which is accepted unless thereis a proceeding under Sub-section (4), there is no scope for any hearing of … as authorised by law. The appeal was accordingly allowed. This rule as already stated is against this decision. 6. As the case was taken up for hearing, it transpired that the rule stood discharged against the opposite

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Aug 09 1996

Commissioner of Income-tax Vs. Andhra Cotton Mills Ltd.

Court : Andhra Pradesh

Decided on : Aug-09-1996

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32, 32(1), 34, 34(1), 80J, 139, 139(5), 143 and 256

Reported in : (1996)133CTR(AP)398; [1997]228ITR30(AP)

to furnish the requisite particulars for computing the depreciation allowance. Sub-section (9) of section 139, introduced by the Finance (No. 2) Act, 1980, with effect from September 1, 1980, allows the Income-tax Officer to give an opportunity to the assessee … notice the circular of the Central Board of Revenue dated August 31, 1965, which directed that 'where the required particulars have not been furnished by … Sections 32(c) (As amended by Section 3 of Amendment Act, 2005] & 10 & General Clauses Act, 1897, Section 6: [G.S. Singhvi, CJ, Dr.G. Yethirajulu, Ramesh Ranganathan, G.Bhavani Prasad, C.V. Nagarjuna Reddy, JJ] Exemption of building from applicability

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