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Commissioner of Income-tax Vs. Mico Products Pvt. Ltd.

Court : Mumbai

Subject : Direct Taxation

Acts : Finance Act, 1980; Constitution of India - Articles 14, 19(1)(8) and 226; Income Tax Act, 1961 - Sections 32, 32(1) and (2), 35, 35(1), (2), (2B), (B), B(2) and C(2)

Reported in : (1990)92BOMLR659; [1991]187ITR517(Bom)

respect of that asset.'14. Once again section 35(2)(iv) was retained in its original form.15. As a result of Finance (No. 2) Act. 1980, section 35(2)(iv) now stands amended as from April 1, 1962, to read as follows :'35. (2) For the purposes … of these assets are as follows :Assessment year Claim for depreciation(in Rs.)1971-72 70,1111972-73 85,1541973-74 2,41,8581974-75 3,91,3731975-76 4,87,1751976-77 13,36,6221977-78 11,61,9141978-79 12,93,0691979-80 10,69,8981980-81 11,75,187By reason of the retrospective amendment of section 35, the assessee is denied these claims for

Smt. Smitaben N. Ambani Vs. Commissioner of Wealth Tax

Court : Mumbai

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 2, 5 and 27; Compulsory Deposit Scheme (IT Payers) Act, 1974 - Sections 3, 4, 5(10), 7, 7A, 8, 8(2) and 11; Finance (No. 2) Act, 1980; Banking Regulation Act, 1949; Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - Sections 114 and 114(1); Bombay Municipal Corporation Act, 1888; Income Tax Act - Sections 23(1), 154, 154(1) and 155; Wealth Tax Rules - Rule 1BB

Reported in : (2009)222CTR(Bom)225; [2009]181TAXMAN233(Bom)

to the recipients would be against the concept of the annuity itself.It may be mentioned that by the Finance (No. 2) Act, 1980, Section 7A was inserted in the Compulsory Deposit Scheme Act, 1974, w.e.f. 1st April, 1975. Section 7A provides that, … the owner from a hypothetical tenant, has to be arrived at by taking into consideration the provisions of Section 11 r/w Section 5(10) of the Rent Act as also Sections 154 and 155 of the said Act. Section

income-tax Officer Vs. Shri Krishna Bhandar Trust

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (1989)29ITD15(Kol.)

case. It was pointed out that as a result of the amendment introduced in Section 164(1) by the Finance (No. 2) Act, 1980 with effect from 1-4-1980 the words "tax shall be charged - (i) as if the relevant income or … religious purposes, tax shall he charged on so much of the relevant income as is not exempt under Section 11, as if the relevant income not so exempt were the income of an association of persons. (3) In

Kesoram Cements, Basantnagar Vs. Union of India and ors.

Court : Andhra Pradesh

Subject : Excise

Acts : Central Excise Rules, 1944 - Rules 9, 11 and 173J; Central Excise Act, 1944 - Sections 4, 11B, 11B(1) and 40

Reported in : 1982(10)ELT214(AP)

the Central Excise (Fifteenth Amendment) Rules, 1980 by reason of insertion of Section 11-B in the Act by Finance (No. 2) Act, 1980 which runs thus : '11B. Claim for refund of duty. - (1) Any person claiming refund of any

Indian Aluminium Co. Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 84, 80J, 154 and 197(3)

Reported in : [1983]141ITR258(Cal)

assessee. That application was the first application made by the company after Section 80J(3) was enacted by the Finance (No, 2) Act of 1967 with effect from the 1st April, 1968, which specifically provided for a carry forward of any … on the basis of figures supplied by the company I hereby certify (provisionally subject to final assessment) that 11.59 per cent. of the said dividend on ordinary including interim dividend and preference shares will be exempt in

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)

authorities should follow the strict construction rule. While interpreting section 171(9) of the Income-tax Act, amended by the Finance (No. 2) Act, 1980, not recognising the family partition under the Hindu law, the Division Bench of this court construed that non-recognition … is liable to be struck down since it is violative of article 265 of the Constitution of India. 11. It is further submitted that the income of the minor child assessed in his or her hands in

Kamleshkumar Ishwardas Patel Vs. Union of India and Others

Court : Mumbai

Subject : Criminal

Reported in : 1995(43)BLJR295; 1995(2)BomCR640; 1994CriLJ3105; 1994(2)MhLj1669

officer under the COFEPOSA Act also an independent power to revoke the order of detention in view of Section 11 of the COFEPOSA Act read with Section 21 of the General Clauses Act (2) Are observations in Amir … submitted the representation along with the file to the Secretary, Ministry of Finance, with the endorsement 'may be rejected'. It further appears that the Secretary, … order is to be made by the detenu. Some other Acts, e.g. Section 8 of the National Security Act, 1980, make specific provisions as to the authority to whom such a representation is to be made. But what

M/S. Vijay Industries Vs. Commissioner of Income Tax

Court : Supreme Court of India

Subject : Direct Taxation

Gross Total Income.14) Her submission is that though Section 80AB came to be inserted by the Finance (No.2) Act, 1980 with effect from 01.04.1981, it is clarificatory in nature. To read the provision in this manner, she has … the 4 5 1994 Supp (1) SCC473(1986) 1 SCC43Civil Appeal Nos. 1581-1582 of 2005 a/w. Connected matters Page 11 of 22 judgment delivered in Cloth Traders case. This Court overruled the view taken by the Gujarat High

Natco Exports Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (2003)86ITD445(Hyd.)

W.D.V. thereof.(d) The provisions of clause (iia) in sub-section (1) of section 32 had been inserted by the Finance (No. 2) Act, 1980 to provide for additional depreciation in respect of new plant or machinery installed before 1-4-1985 in certain cases.

Auro Food Ltd. Vs. Commissioner of Income-tax and Another

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 80(J), (J(1)) and (J(1A)) 139, 139(8), 215, 217, 220(1), (2) and (2A) and 273A; Wealth Tax Act 1957 - Sections 18B

Reported in : [1999]239ITR548(Mad)

within the rule-making authority of the Central Board under section 80J(1). It also held that the Finance (No.2) Act, 1980, in so far as it amended section 80J by incorporating the provisions of rule 19A as sub-section (1A) … any inquiry relating to the assessment or any proceeding for the recovery of any amount due from him.' 11. The assessee has to satisfy the conditions set out. 12. Before the introduction of this section by the