Judgment Search Results Home > Cases Phrase: expenditure tax act 1987 Sorted by: old Court: mumbai Page 1 of about 14,514 results (0.088 seconds)

All India Federation of Tax Practitioners and anr. Vs. Union of India ...

Court : Mumbai

Reported in : 1997(4)ALLMR709; [1997]228ITR68(Bom)

..... where the court was dealing with the constitutional validity of expenditure tax act, 1987. ..... is as under : 'simultaneously with the announcement of one or both of these schemes or some other scheme which the government may devise, it should be made clear to those liable to taxation that having brought down the tax rates to reasonable levels and having given an opportunity to those who have erred in the past to disclose their black wealth and to return to the straight path, government would strongly come down ..... it is seen that the final recommendations of the committee are as stated above; but, at the same time, the committee has also taken into consideration the fact that, as tax evasion or avoidance is indulged in only by few individuals on a small scale and the administration is both alert and efficient in dealing with the same, there need be no cause ..... dealing with the immunities given and exemptions granted to persons having unaccounted money who have evaded taxation and concealed their income despite stringent tax laws, the court held that it would be outside the province of the court to consider if any particular immunity or exemption is necessary or not for the purpose of inducing the disclosure of black money; it depends upon ..... call for serious effort to ensure better tax compliance and also bringing presumptive incomes, computed from high expenditures of creamy layers, under the tax net. ..... the it act is subject to this scheme and immunities are given to dishonest tax-payer. .....

All India Federation of Tax Practitioners and ors. and Indian Institut ...

Court : Mumbai

Reported in : (2001)168CTR(Bom)24; [2002]256ITR401(Bom)

..... the levy of tax under the expenditure-tax act, 1987, enacted by parliament. ..... expenditure tax and tax on the sale of goods were covered by the entries in the state list, there was nothing left for parliament to tax ..... to be competent the impugned provisions mete out discriminatory treatment, inasmuch as the same services being rendered by non-qualified persons are not subjected to tax but only services being rendered by the practicing chartered accountants and architects are subjected to tax and, therefore, the act is violative of article 14 inasmuch as the differentia on which the architects and chartered accountants are classified is arbitrary and unintelligible and has no rational ..... that economists regard an entertainment tax as a tax on expenditure and, indeed, when the tax is imposed on the receiver of the entertainment, it does become a tax on expenditure, but there is no warrant for holding that entry 50 contemplates only a tax on moneys spent on ..... the relevant entries and the decisions we feel that the learned attorney-general is right in urging that merely because the 1998 act as well as the state acts levy a tax which have an ultimate impact on persons who are carrying on profession, the pith and substance of both cannot be considered ..... harbhajan singh dhillon's case : [1972]83itr582(sc) , the validity of the central legislation, namely, the gift-tax act, 3958 was challenged on the ground that the legislature encroached upon the state's legislative power under entries 18 .....

All India Federation of Tax Practitioners Vs. Union of India

Court : Mumbai

Reported in : [2001]116TAXMAN418(Bom)

..... the challenge is to the levy of tax under the expenditure tax act, 1987, enacted by the parliament. ..... expenditure tax and tax on the sale of goods were covered by the entries in the state list; there was nothing left for the parliament to tax ..... held to be competent the impugned provisions meet out discriminatory treatment, inasmuch as same services being rendered by the non-qualified persons are not submitted to tax but only services being rendered by the practising chartered accountants and architects are submitted to tax and, therefore, the act is violative of article 14 inasmuch as the differentia on which the architects and chartered accountants are classified is arbitrary and unintelligible and has no rational nexus ..... is true that economists regard an entertainment tax as a tax on expenditure and, indeed, when the tax is imposed on the receiver of the entertainment, it does become a tax on expenditure, but there is no warrant for holding that entry 50 contemplates only a tax on moneys spent on luxuries, entertainments ..... in the light of the relevant entries and decisions we feel that the learned attorney general is right in urging that merely because 1998 act as well as state acts levy a tax which have the ultimate impact on the persons who are carrying on profession, the pith and substance of both cannot be considered to ..... the act envisaged a tax at 10 per cent ad valorem on chargeable expenditure incurred in the class of hotels wherein room charges for any unit of residential .....

BipIn Vimalchand JaIn Vs. Assistant Director of Income-tax (investigat ...

Court : Mumbai

Reported in : (2007)213CTR(Bom)441

..... (1) the assets seized under section 132 or requisitioned under section 132a may be dealt with in the following manner, namely:(i) the amount of any existing liability under this act, the wealth-tax act, 1957 (27 of 1957), the expenditure-tax act, 1987 (35 of 1987), the gift-tax act, 1958 (18 of 1958) and the interest-tax act, 1974 (45 of 1974), and the amount of the liability determined on completion of the assessment [under section 153a and the assessment of the year relevant to the previous year in which search ..... the date on which the last of the authorisations for search under section 132 or for requisition under section 132a, as the case may be, was executed;thus, under the first proviso to section 132b(1)(i) of the act on an application made for release of the seized asset, within thirty days from the end of the month in which the asset was seized, the assessing officer on being satisfied regarding the nature and source ..... on 29th january, 2007 an application was made by the petitioner under section 132b(1)(i) of the income tax act, 1961 ('act' for short) inter alia seeking release of the cash amounting to rs. ..... 2 and submitted that under section 132b(1)(i) of the act the seized cash is required to be applied for satisfying the liabilities on completion of assessment under section 153a of the act as also the penalty that may be levied. ..... in the present case, the assessment is still to be completed under section 153a of the act and, therefore, the order passed by the respondent no. .....

Zarine Mangesh Edekar. Vs. Union of India and ors.

Court : Mumbai

..... petition under article 226 of the constitution the petitioner has challenged the assessment order under expenditure tax act, 1987 in respect of the payments made by him to the hotel corporation of india ltd ..... hence, for the accommodation taken by the petitioner on licence basis, no expenditure tax was payable on the licence fee paid by the petitioner to respondent no.3.the learned counsel for the petitioner fairly invited our attention to a decision of the delhi high court in the case of r.l.jain ..... at the relevant time read as under:5.meaning of chargeable expenditure-for the purposes of this act, chargebale expenditure means any expenditure incurred in, or payments made to, a, hotel to which this act applies, in connection with the provisions of,(a) any accommodation, residential or otherwise; or(b) food or drink by the hotel, whether at the hotel or outside, or by any other person at the hotel; or(c) any accommodation in such hotel on hire or lease; ..... - for the purposes of this act, chargeable expenditure means any payments made to, a hotel to which this act applies, in connection with the provision of , -(a) (b) (c) any accommodation in such hotel on hire or lease :or "6.faced with this, mr.sanklecha submitted that the term "hire" pertains only to payments made for the use or occupation ..... raised by the petitioner in this petition is that payments for the licence fee made by the petitioner to the hotel for the premises in question could not be subjected to levy of tax under the act. .....

Commissioner of Income-tax Vs. Cadbury India Ltd.

Court : Mumbai

Reported in : (2001)168CTR(Bom)340; [2001]249ITR475(Bom)

..... 1987] 165 itr 765 in which it has been held that the word 'expenditure' is not defined in the income-tax act ..... referred by the tribunal for the opinion of this court under section 256(1) of the income-tax act, 1961 :'whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the depreciation allowance is an expenditure to be considered for weighted deduction under section 35c of the income-tax act, 1961 ?'2. ..... 37 of the income-tax act, capital expenditure is excluded. ..... contended that the reference to the amount of expenditure in section 35c of the act would mean actual expenditure whereas depreciation was a notional expenditure and, therefore, depreciation cannot be claimed as ..... he, therefore, urged that agricultural development allowance would cover onlyactual expenditure incurred in respect of the goods provided to the cultivator and it would not cover ..... appearing on behalf of the department, contended that section 35c of the income-tax act, as it stood at the relevant time, is an independent section. ..... by its use in connection with the services or facilities provided tothe cultivator and, consequently such reduction in its value would have to be treated as an expenditure while arriving at the taxable income of the assessee. ..... assessing officer on the ground that depreciation allowance is not an expenditure to be considered for weighted deduction under section 35c of the act. ..... filed this appeal under section 260a of the income-tax act.3. .....

Deputy Commissioner of Vs. Foremost Dairies Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1993)47ITD262(Mum.)

..... it was further submitted that depreciation schedule old appendix i of the income-tax act, also draws a distinction between various types of vehicles. ..... cst 1979 uptc 1129 held while construing the provisions of section 37(3a) that expenditure incurred on "jeeps" cannot be disallowed.5. ..... section 40 of the finance act, 1985, deems to charge to wealth-tax, assets specified in sub-section (3) thereof. ..... had the legislature intended to include 'jeeps' in the assets, chargeable to wealth-tax, the same would have been expressly included.6. ..... it was further contended that the provisions of section 40 of the finance act, 1985, being a charging section, ought to be construed strictly. ..... iac taxmann's 1987 sot at p. .....

Commercial Corporation of India Ltd. Vs. Income-tax Officer and Others

Court : Mumbai

Reported in : [1993]201ITR348(Bom)

..... a statute and inasmuch as section 194b is not claimed to be ultra vires, the petitioner will have to submit to the deductions and if any grouse against the same is available it can only be before the deputy commissioner, income-tax, mangalore, when the company files its returns for the relevant year and, in any event, the deputy commissioner, mangalore, not being made a party in the present petition, it is not possible to hear the petitioner ..... a new section 115bb in chapter xii of the income-tax act was introduced whereby the income by way of winnings from lotteries was brought under the head 'income from other sources' and as from april 1, 1987, such amendment was brought into force with the result that a flat rate of tax had to be paid without deduction. mr. ..... to record neatly the objections taken : in the first, the action of the income-tax officer, panaji, goa, in issuing notice under section 226(3) of the income-tax act, 1961, on january 31, 1992, to the principle officer, state bank of india, treasury unit, panaji, requiring him to pay income-tax on account of the goa government and the demand made under section 194b of the act is no order made against the petitioner-company and, therefore, no cause of action arises ..... by the amendment, what was sought to be done is that no deduction in respect of any expenditure or allowance in connection with income by way of winnings from lotteries, crossword puzzles, races including horse races, card games, etc. .....

The State of Maharashtra Vs. Deepak Son of Bharatsingh Dixit

Court : Mumbai

Reported in : 1996(2)BomCR468

..... out by the plaintiff in the plaint for the relief sought for in the suit is that under section 20 of the bombay motor vehicle tax act, 1958, it is not open to the defendant to recover toll exceeding capital out-lay and expenditure incurred by it on the construction of the bridge. ..... the case set out by the plaintiff is that under section 20 of the bombay motor vehicles tax act, 1958, as amended by the amending act of 1987, defendant is entitled to recover by way of toll, the amount which is sufficient to reimburse the construction ..... the suit and relief sought for by the plaintiff is based on the fact that the defendant has already recovered the amount of expenses incurred by it on construction of bridge by collection of toll between 1987 to 1992 and it is not permissible to the defendant to collect toll exceeding capital out-lay and expenses.12. ..... the defendant set up defence that the plaintiff was appointed as agent for collection of toll tax under agreement dated 31-12-1992 for the year 1993 (from 1-1-1993 to 31-12-1993) from the public and under the terms of the agreement, he was required to deposit amount stipulated in the agreement ..... it is not disputed that though bridge was constructed in the year 1987 and on invitation of tender by the defendant for collection of toll, the defendant on his own submitted tender ..... 1,67,47,921/- for period 19-8-1987 and 31-12-1992 and the same amount being in excess of capital out-lay and expenses of collection of toll, defendant is not entitled .....

Cadell Weaving Mill Co. Pvt. Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... he surrender to his landlord when he does not possess any interest where is the question of any transfer of such interest and where is the question of such transfer being a transfer of a capital asset under section 45 of the income-tax act thus, to our minds, the pivotal argument advanced by learned counsel for the assessee that the surrender of statutory tenancy amounts to surrender of tenancy right and the tenancy right is always considered to be a capital asset, that ..... for the purpose of bringing to tax the capital gain arising from transfer of any of the following assets, in the acquisition of which the assessee has not incurred any expenditure, the finance bill proposes to amend the provisions relating to capital gains and provide that the cost of acquisition of the following assets is to be taken at 'nil' : the proposed amendment will take effect from 1st april, ..... in order to overcome the judicial interpretation, the finance act, 1987, with effect from april 1, 1988, has provided in section 55(2)(a) that cost of acquisition in the case of self-generated goodwill will be taken to be nil. ..... was found stated in paragraph 70 of the judgment which is as follows (at page 134 of air 1987) : " in the aforesaid view of the matter, we are unable to sustain the judgment under appeal, in the premises it must be held that all licensees created by landlords or by the tenant before february 1, 1973, and who were in actual .....