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Lohia Machines Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 2(8), 2(33), 5, 11, 28 to 43A, 43(6), 80A to 80VV, 84, 84(1), 295(1), 295(2) and 296; Finance Act, 1980 - Sections 15C, 80H, 80I, 80J, 80J(1), 80J(2), 80J(3), 84 and 84(1); Income Tax Rules, 1962 - Rule 19, 19A, 19A(2) to (4), 19A(5), 19(1), 19(1A), 19(3) and 19(6); Indian Income Tax Act, 1922 - Sections 15C(1), 15C(2), 51C and 59(1); Taxation Laws (Amendment) Ordinance, 1949; Indian Income tax (Computation of Capital of Industrial undertakings) Rules, 1949 - Rule 3 and 3(1); Business Profits Tax Act, 1947 - Sections 13; Taxation Laws (Extension to Merged States and Amendment) Act, 1949 - Sections 13, 15C, 15C(1), 15C(2), 15C(4), 15C(6) and 34(2); Finance (Amendment) Act, 1976 - Sections 29; Finance (Amendment) Act, 1967; State Financial Corporati

Reported in : AIR1985SC421; (1985)1CompLJ249(SC); (1985)44CTR(SC)328; [1985]152ITR308(SC); 1985(1)SCALE115; (1985)2SCC197; [1985]2SCR686; [1985] 1 SCR 192

P.N. Bhagwati, J. 1. These writ petitions raise an interesting question of law relating to the interpretation of Section 80J of the Income Tax Act, 1961, and on the basis of certain interpretation, they challenge the...

J.K. Industries Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Direct TaxationConstitution

Acts : Income Tax Act, 1961 - Sections 2(8), 6(1), 10A, 10B, 30 to 36, 37, 43B, 44A, 53, 54(2), 78, 80IA, 80IB, 115JB, 145(2), 166, 166(1), 198, 294, 349 and 441A; Companies Act, 1956 - Sections 2(33), 3, 166, 166(1), 205, 205(2), 209 to 233B, 274(1), 350, 370(1B), 372, 503(5), 550(3), 552, 555(3), 641, 641(1), 641(2), 642 and 642(1); Finance Act; Companies (Amendment) Act, 1988 - Sections 209(3); Chartered Accountants Act, 1949; Companies (Accounting Standards) Rules, 2006 - Rule 3; Income Tax Rules, 1962 - Rule 5; Constitution of India - Articles 14, 19, 19(1), 265 and 366(28); Central Provinces and Berar Sales Act, 1947 - Sections 6(2); General Clauses Act - Sections 24; Companies (Profits) Super Tax Act, 1964; Wealth Tax Act - Sections 7 and 7(1); Super Tax Act, 1963; Wealth Tax Rule

Reported in : [2008]143CompCas325(SC); (2008)5CompLJ369(SC); (2007)213CTR(SC)301; [2008]297ITR176(SC); 2007(13)SCALE204; [2007]80SCL283(SC); 2007AIRSCW7443

S.H. Kapadia, J.1. A short question which arises for determination in this batch of civil appeals is:Whether Accounting Standard 22 (AS 22) entitled 'accounting for taxes on income' insofar as it relates to deferred taxation is...

United Bank of India Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : MRTP

Reported in : (1993)44ITD14(Kol.)

1. The assessee is a bank. The present appeal is against the addition of the interest on sticky loans and advances.2. In the case of Oil & Natural Gas Commission v. CCE, the Supreme Court has...

C.E.S.C. Ltd. and anr. Vs. Deputy Commissioner of Income Tax and ors.

Court : Kolkata

Subject : Direct Taxation

Acts : Constitution of India - Article 226; ;Income Tax Act, 1961 - Sections 147, 148, 160, 161, 163, 163(1), 163(2), 195 and 246(1)

Reported in : (2003)183CTR(Cal)124,[2003]263ITR402(Cal)

Advocate for Respondent : S.K. Kapoor, ;Dipak Shome and ;Joydeb Chandra Saha, Advs.

D.K. SETH, J. :Facts1. This appeal is directed against the judgment and order dt. 10th Sept., 2001, passed by the learned Single Judge in WP No. 598 of 2001, dismissing the writ petition on the ground...

Commissioner of Income-tax Vs. R.R. Bajoria

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(45), 10(14) and 16

Reported in : (1988)67CTR(Cal)21,[1988]169ITR162(Cal)

Advocate for Respondent : Debi Pal, Adv. and ;R.N. Dutta, Adv. as amicus curiae

Shyamal Kumar Sen, J.1. The facts found and proceedings culminating in the instant reference are, inter alia, that R.R. Bajoria, the assessee, is a member of the Indian Revenue Service. According to the terms and conditions...

Commissioner of Income-tax Vs. I.C.i. (India) Pvt. Ltd.

Court : Kolkata

Subject : Direct Taxation

Acts : Indian Income Tax Act, 1922 - Section 10(2)

Reported in : [1983]139ITR105(Cal)

Advocate for Respondent : D. Pal and ;M. Seal, Advs.

Deb, J.1. The following question is involved in this reference under Section 66(1) of the Indian I.T. Act, 1922 :' Whether, on the facts and in the circumstances of the case, the Tribunal was right in...

Shaw Wallace Gelatines Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (1983)3ITD177(Kol.)

1. The assessee is a limited company which manufactures pharmaceutical and industrial gelatine. The assessee during the year under appeal paid bonus to its employees at 8.33 per cent. In addition, it paid Rs. 74,206 at...

Smt. Monmohini Coomer Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (1984)8ITD537(Kol.)

1. All these appeals involve common points. They are disposed of by a common order.2. In these appeals, filed by the assessee, various grounds regarding valuation have been taken. But at the time of hearing the...

ici India Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2002)80ITD58(Kol.)

1. Since the main issue involved in these two appeals filed by the assessee, for the two successive years, is common, the appeals have been consolidated and a common order is being passed for the sake...

George Williamson (Assam) Ltd. and anr. Vs. Union of India (Uoi) and o ...

Court : Guwahati

Subject : Direct Taxation

H.N. Sarma, J.1. Questioning the constitutional validity of the provisions of Section 115-C(1) and Section 115-C(3) of the Income Tax Act, 1961, (hereinafter referred to as the 'Act'), so far as levy of the additional income-tax...