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Commissioner of Income Tax, Kerala Vs. Tara Agencies
Supreme Court of India
Jul-09-2007
Direct Taxation
Income Tax Act, 1961 - Sections 35B(1A), 35(1)(B) and 801B; Finance Act, 1978 - Sections 2(7), 32A, 35B(1A), 35B(2), 80MM and 80MM(2); Marine Products Export Development Authority Act, 1972 - Sections 3(1); State Financial Corporation Act, 1951 - Sections 2(C); Bombay Sales Tax Act, 1953 - Sections 7 and 8; Kerala General Sales Tax Act, 1963 - Sections 5A(1); Central Sales Tax Act, 1956 - Sections 8(3); Central Sales Tax Rules - Rule 13; Central Excise Act, 1944 - Sections 2
(2007)210CTR(SC)454; 2007(214)ELT491(SC); [2007]292ITR444(SC); JT2007(9)SC65; 2007(3)KLT624(SC); 2007(9)SCALE100; (2007)6SCC429
adjudication by this Court is whether the respondent assessee who is engaged in purchase of different qualities of tea and blending the same for the purpose of export is entitled to weighted deduction under Section 35B (1A) … not amount to processing. 33. Details of relevant Statute are as under:Section 8 of the Bombay Sales Tax Act, 1953, so far as is 'subject to the provisions of Section 7, there shall be levied a sales tax … Bay Bottle Gas Co. v. Michigan Dept. of Revenue 74 N.W. 2d 37, 39, 344 Mich. 326, while dealing with the term process, the court
Tag this Judgment! AI Brief & AskThe State of West Bengal Vs. Kesoram Industries Ltd. and ors.
Supreme Court of India
Jan-15-2004
ConstitutionOther Taxes
Constitution of India - Articles 14, 21, 32, 51, 136, 141, 245, 246, 246(1), 246(2), 246(3), 248, 248(2), 249 to 252, 253, 256, 257, 265, 276, 301, 356 and 366; Cess Act, 1980 - Sections 2, 3, 5, 5(1) 6 and 18; West Bengal Primary Education Act, 1973 - Sections 78, 78A, 78(1), 78(2) and 78(2A); West Bengal Rural Employment and Production Act, 1976 - Sections 2 and 4; Cess Act, 1880 - Sections 3, 4, 5, 6(1) and 72; West Bengal Land Reforms Act, 1955 - Sections 23B(1); West Bengal Taxation Laws (Amendment) Act, 1992 - Sections 2; Bengal General Clauses Act, 1899 - Sections 3, 4(2) and 4(2A); West Bengal Taxation Laws (Amendment) Act, 1981; West Bengal Taxation Laws (Amendment) Act, 1989; Mines and Minerals (Development and Regulation) Act, 1957 - Sections 2, 4, 4A , 9, 9(2), 9A, 13(2
(2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201; [2004] 1 SCR 564
0.04 per kgof green tea leaves produced (Effective from 14.4.1984 and validationclause also passed.)Act If of 1992 p. 37 at 38 S. 2(1): S. 78(2) replaced by a. newsection. New S. 78(2)(b): cess on coal-bearing lands @ … of its power to make any legislationwhatsoever.(iii) Having regard to the declaration made in Section 2, of the Tea Act,1953, the entire tea industry having been taken over in terms of Entry 52of List I of the Seventh
Tag this Judgment! AI Brief & AskPlanters Forum Vs. State of Kerala
Kerala
Nov-17-2014
Land Acquisition
thereunder: These acts include:1. The Indian Forests Act, 1927.2. The Coffee Act, 1942.3. The Rubber Act, 1947.4. The Tea Act, 1953.5. The Wildlife (Protection) Act, 1980.6. The Forest (Conservation) Act, 1980.7. The Spices Board Act, 1986.8. The Biological … Nos.6/2000, 8/2000, 3/2001 and 16/2001. The 2003 Act was passed by the State Legislature and notified on 06.06.2005. Section 1(2) further provided that the 2003 Act shall be deemed to have come into force on W.P(C) No.26691 … 2010, W.P(C) Nos.24819 & 32825 of 2003, W.P(C) Nos.10738, 11110, 30785, 9843, 3795, 7042, 34524, 30930 and 18134 of 2006 W.P(C) Nos.29245, 22661, 29466, 27296,
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
The Tufanialonga Tea Co. Ltd., Calcutta and anr. Vs. State of Tripura ...
Guwahati
Apr-09-1999
Constitution
Tripura Tea Companies (Taking Over of Management of Certain Tea Units) Act, 1987 - Sections 3(1) and 8(3); Constitution of India - Article 226, 246, 246(2), 246(3) and 254; Tripura Land Revenue and Land Reforms Act, 1960 - Sections 22, 62, 63, 64 and 65(1); Tripura Land Revenue and Land Reforms Rules, 1961 - Rules 89, 95 and 102
the List I of the 7th Schedule of the Constitution. Parliament has declared in Section 2 of the Tea Act, 1953 that it is expedient in the public interest that the Union should take under ' its control the … and was served by the Peon Shri Mali Chand Debverma on someone of Laxmilonga Tea Estate. In para 37 of the affidavit filed on behalf of the respondents Nos. 1,2,3 and 5 it is stated that the
Tag this Judgment! AI Brief & AskTandon Bros. Vs. State of West Bengal and ors. and Union of India (Uoi ...
Kolkata
Aug-26-1988
Property
West Bengal Estates Acquisition Act, 1953 - Section 6 and 6(3)
(1989)1CALLT263(HC)
as follows :The petitioner is a registered partnership firm and proprietor of the 'Tea Estate', known as 'Rohini Tea Estate' which has been purchased by the petitioner on or about January 30, 1960, in a public auction … cultivation. On or about November 1, 1962, a notice under Section 6(3) of the West Bengal Estates Acquisition Act, 1953, (hereinafter referred to as the Act of 1953) was issued and the petitioner duly filed objection on or
Tag this Judgment! AI Brief & AskPlantation Corporation of Kerala Ltd. Vs. Commissioner of Agricultural ...
Kerala
Nov-17-1992
Direct Taxation
Kerala Agricultural Income Tax Act, 1950 - Sections 5; Income Tax Act, 1961 - Sections 37 and 37(1);Indian Income Tax Act, 1922 - Sections 37(1)
[1993]200ITR27(Ker)
was inserted with a view to get over the decision of the Supreme Court in Travancore Rubber and Tea Co. Ltd. v. Commr. of Agrl. I. T. : [1961]41ITR751(SC) , that the decision of the Supreme Court … [1959]37ITR549(Ker) , already referred to, the assessment years were 1951-52, 1952-53 and 1953-54 and the question referred to this court was whether, under the Kerala … expended wholly and exclusively for the purpose of the plantation.B. Indian Income-tax Act, 1922, section 10(2)(xv)Income-tax Act, 1961, section 37(1)any expenditure (not being an allowance of the nature described in any of the clauses (i) to (xiv) inclusive,
Tag this Judgment! AI Brief & AskA. Navinchandra Steels Pvt. Ltd. Vs. Srei Equipment Finance Limited
Supreme Court of India
Mar-01-2021
Land Acquisition
Agrochem, (2019) 9 SCC725 this Court was faced with a situation of conflict between Section 16-G(1)(c) of the Tea Act, 1953, under which winding up/liquidation proceedings were to take place (and which could not take place without prior consent … undertake an analysis of the Acts in question. The first thing to be noticed is the difference between Section 37 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Section 34
Tag this Judgment! AI Brief & AskThe Kannan Devan Hills Produce Vs. the State of Kerala and anr.
Supreme Court of India
Apr-27-1972
Property
Kannan Devan Hills (Resumption of Lands) Act, 1971 - Sections 9; Tea Act, 1953; Constitution of India - Articles 31-A and 32
AIR1972SC2301; 1972(0)KLT377(SC); (1972)2SCC218; [1973]1SCR356
impossible. No such question arises now.39. Coming now to the question of repugnancy : The object of the Tea Act, 1953, is to provide for the control by the Union of the tea industry, including the control, in pursuance … object is to resume agricultural lands for their distribution for cultivation and purposes ancillary thereto.Plantation' is denned in Section 2(f) of the impugnedAct. 'Plantation' means any land used by a person principally for the cultivation of tea, … created a unified system which is widespread and important in the Dominion. 37. The facts in that case are set out briefly in the headnote
Tag this Judgment! AI Brief & AskCommissioner of Income Tax Vs. M/S Kelvinator of India Ltd.
Delhi
Jan-19-2015
Direct Taxation
plant by the assessee ; (iv) "Tea Board" means the Tea Board established under section 4 of the Tea Act, 1953 (29 of 1953) ; (3) [The profits of eligible business or profession of an assessee for the purposes … order when the same are not accepted by the Department and the same expenditure is clearly disallowable u/s 37(4) of the Act?. (B) Whether ITAT was correct in law in taking into consideration interest on FDR, Misc.
Tag this Judgment! AI Brief & AskAbdur Rahim Vs. State of Madras (Secretary, Industries, Labour and Co- ...
Chennai
Jan-21-1960
Labour and Industrial
(1961)IILLJ213Mad
and torn mats here and there, aluminium, brass and glass tumblers as well as bottles with dregs of tea and several other odds and ends strewn all over present a queer picture of Jumble and disarray. A … but not as evidence of facts they found. In Pillai v. Mudanayake 1953 A.C. 514 on the question of the validity of the Citizenship Act, … Act. Section 28 applies the Payment of Wages Act, Section 36 the Industrial Employment (Standing Orders) Act and Section 37, the Industrial Disputes Act, to the beedi Industrial premises. Section 29 enables the Government to permit wetting and
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