Judgment Search Results Home > Cases Phrase: finance act 1965 section 13 amendment of section 40 Court: supreme court of india Page 3 of about 779 results (0.150 seconds)

State Of U.p. Vs. Virendra Kumar

Court : Supreme Court of India

..... the decision, on 19th may 2009, the board issued a notification recording that in the exercise of the powers under clauses (f) and (n) of sub section (1) of section 95 of the 1965 act, it has decided that the pension scheme and gratuity admissible to the officers and servants of the state government shall be 50 c.a.nos.6622-6623 of ..... we will have to decide the core issues whether the functions of the board are confined to those which are set out in section 15 of the 1965 act and whether the appointment of officers and employees of the board and the determination of their conditions of service constitute the functions of ..... (i) we uphold the decision of this court in preetam singh s case1 with a modification that the state government can always exercise the powers under clause (nn) of sub section (1) section 94 of the 1965 act for determining the conditions of service of the officers (other than the housing commissioner) and employees of the board. ..... every statutory body (by whatever name called), established or constituted under any uttar pradesh act, excepting universities governed by the uttar pradesh state universities act, 1973, as re enacted and amended by the uttar pradesh university (re enactment and amendment act), 1974, shall, in the discharge of its functions, be guided by such directions on questions of policies, as may be given to it by the state government, notwithstanding that no such power has expressly been conferred ..... general means finance controller of ..... finance ..... finance .....

Commissioner of Wealth Tax, Punjab, J and K, Chandigarh, Patiala Vs. Y ...

Court : Supreme Court of India

Reported in : AIR1986SC959; [1985]156ITR525(SC); 1985(2)SCALE687; (1985)4SCC608; [1985]Supp3SCR565; 1986(1)LC674(SC)

..... (vii) which run thus:(vi a) the right of the assessee to receive any annuity payable by the central government under the provisions of section 280d of the income tax act; (inserted by taxation laws (amendment) act, 1970 with retrospective effect from 1.4.1965)(vii) the right of the assesses to receive a pension or other life annuity in respect of past services under an employer; since a contention was raised that annuity policies of ..... or other payment on the policy is payable bears to ten; it may be stated that the above proviso was not there at the relevant time and it has been inserted by finance act, 1974 with effect from 1.4.1975 but since an argument was based on it we have thought fit to reproduce the same. ..... to sub-clause (vi), though inserted by finance act, 1974 with effect from 1.4.1975, suggests that the legislature intended that the said expression should be so confined and annuities on life are excluded and in this behalf reliance was placed on notes on clauses accompanying the relevant finance bill as also the speech of the hon'ble finance minister while introducing the bill. ..... is had to relevant part of notes on clauses accompanying the bill and the relevant portion of the speech of the finance minister while introducing the bill, be were taken through the relevant portions of notes on clauses 93 itr 125(statutes)] and the speech of the hon'ble finance minister while introducing the bill vide 93 itr 74 (statutes)] and in our view far from supporting the contention .....

M/S Fibre Boards (P) Ltd Bangaloare Vs. Cit Bangalore.

Court : Supreme Court of India

..... same date, by the same finance act, section 280za was omitted with effect ..... finance act which omitted the whole of chapter xxii-b of which section 280y(d) is a part, in its notes on clauses stated: clause 46 seeks to omit chapter xxii-b of the income-tax act ..... section 280y(d) was only omitted by the finance act, 1990 and was not omitted together with section ..... section 54g of the income tax act inserted by the finance act, 1987 with ..... any rights in building or land used for the purposes of the business of an industrial undertaking situate in an urban area, effected in the course of, or in consequence of, the shifting of such industrial undertaking (hereafter in this section referred to as the original asset) to any area (other than an urban area) and the assessee has within a period of one year before or three years after the date on which the transfer took place, (a) purchased ..... well-recognized rule of interpretation of statutes that where a provision of an act is omitted by an act and the said act simultaneously re-enacts a new provision which substantially covers the field occupied by the repealed provision with certain modification, in that event such re-enactment is regarded having force continuously and the modification or changes are treated as amendment coming into force with effect from the date of enforcement of the ..... , which was introduced with effect from 1st april, 1965, tax credit certificates were granted to assessees fulfilling certain ..... from 1st april, 1965, with various .....

Commissioner of Wealth Tax Vs. Smt. Hashmatunnisa Begum

Court : Supreme Court of India

Reported in : (1989)75CTR(SC)194; 1989(40)ELT239(SC); [1989]176ITR98(SC); JT1989(1)SC92; 1989(1)SCALE85; 1989Supp(2)SCC43; [1989]1SCR155; 1989(1)LC383(SC)

..... necessary to notice the words of the proviso:provided that where the transfer of such assets or any part thereof is either chargeable to gift-tax under the gift-tax act 1958 (18 of 1958), or is not chargeable under section 5 of that act, for any assessment year commencing after the 31st day of march 1964 [but before the 1st day of april, 1972], the value of such assets or part thereof, ..... referred to the high court for its opinion: whether, on the facts and in the circumstances of the case, the assessee was entitled to exclude, under the proviso to section 4(1)(a) of wealth tax act, 1957, the value of the assets gifted to his wives in the wealth-tax assessment for the assessment year 1967-68?the high court agreed with the construction placed on the proviso ..... of the exemption of the subject-matter of the gifts for purposes of wealth-tax was controlled and determined by the commencement of the operation of the proviso, which, by notification was specified as 1.4.1965.sri ahuja submitted that the proviso was intended to effectuate the legislative policy that in respect of certain gifts made in favour of a spouse or a minor child, during a specified period, the ..... the following question of law for the opinion of the high court:whether on the facts and in the circumstances of the case and on a proper interpretation of section 4(1)(a) of the wealth-tax act as amended by the wealth-tax (amendment) act, (act 46) of 1964 the sum of rs. ..... was later fixed by the amendment made by finance (no. .....

T.S. Balaram, Income Tax Officer, Company Circle Iv, Bombay Vs. Volkar ...

Court : Supreme Court of India

Reported in : AIR1971SC2204; [1971]82ITR50(SC); (1971)2SCC526; [1972]1SCR30

..... section 113 of the income-tax act, 1961 corresponded to section 17(1) of the indian income-tax act, 1922 but that section has now been omitted with effect from april 1, 1965 as a result of the finance act, 1965.9. ..... in the original assessments of the firm for the concerned assessment years assessments were made on the salb rates prescribed under the respective finance acts applicable to registered firms. ..... from what has been said above, it is clear that the question whether section 17(1) of the indian income-tax act, 1922 was applicable to the case of the first respondent is not free from doubt ..... firm was served with notices dated january 29, 1965 by the income-tax officer intimating to it that in its assessments for the assessment years 1958-59, 1960-61, 1961-62 and 1962-63, there are mistakes apparent from the record inasmuch as the firm had not been charged at the maximum rates of income-tax under section 17(1) of the indian income-tax act, 1922 and therefore he proposes to rectify those assessments under section 154 of the income-tax ..... it is a matter for consideration whether the definition contained in section 2(31) of the income-tax act, 1961 is an amendment of the law or is merely declaratory of the law that was in force earlier. ..... that section to the extent material for our present purpose reads:154 (1) with a view to rectifying any mistake apparent from the record (a) the income-tax officer may amend any order of assessment or of refund or any other order passed by him: . . .3. .....

Govt. of U.P. Vs. Preetam Singh and ors.

Court : Supreme Court of India

..... because avas evam vikas parishad is governed by the provisions of uttar pradesh avas evam vikas parishad act, 1965 and specific provisions to this effect have been laid down in section 95 of the said act, 1965 according to which necessary proceedings are to be initiated for obtaining option from the employees for accepting ..... , based upon arrangements made with the third party pension fund manager and government/board will not be responsible for any loss whatsoever; (5) representatives nominated by the secretary, housing and secretary, finance, will be amongst members of the trust which will be created for the implementation of the pension scheme of the board; (6) commissioner, housing and financial controller of the board will be ..... exercised and performed by, and all subsisting contracts, agreements and other instruments to which the board or the housing commissioner is a party or which are in favour of the board or the housing commissioner may be enforced or acted upon, and all suits, appeals and other legal proceedings pending by or against the board or the housing commissioner may be contined, prosecuted or enforced, by or against the state government or such authority or person as ..... considered view, do not constitute the functions of the vikas parishad, and as such, we are satisfied that the directions contemplated under section 2(1) of the 1975 act, do not extend to the directions issued by the state of uttar pradesh in the impugned orders dated 13.9.2005 and 12.7.2007. ..... amended .....

Commissioner of Income-tax, Bombay Etc. Vs. M/S. Podar Cement Pvt. Ltd ...

Court : Supreme Court of India

Reported in : AIR1997SC2523; [1997]226ITR625(SC); JT1997(5)SC529; 1997(4)SCALE271; (1997)5SCC482; [1997]Supp1SCR394

..... : [1968]3scr623 , while considering the nature of amendment to section 29(2) of the bombay rents, hotel and lodging house rates control act as amended by gujarat act 18 of 1965, observed as follows :the amending clause does not seek to explain any pre-existing legislation ..... be, shall be deemed to be the owner of that building or part thereof; (iiia) a person who is allowed to take or retain possession of any building or part thereof in part performance of a contract of the nature referred to in section 53a of the transfer of property act, 1882 (4 of 1882), shall be deemed to be the owner of that building or part thereof; (iiib) a person who acquires any rights (excluding any rights by way of a lease from month to month or for a period not exceeding ..... no hesitation to hold that the amendment introduced by the finance bill, 1988 was declaratory/clarificatory in nature so far as it relates to section 27(iii), (iiia) and (iiib ..... and from the memorandum explaining the finance bill, 1987 (supra), it is crystal clear that the amendment was intended to supply an obvious omission or to clear up doubts as to the meaning of the word 'owner' in section 22 of the act. ..... the said amendment was introduced to section 27 of the act by the finance act, 1987 by substituting clauses (iii), (iiia) and (iiib) in the place of old ..... in the memorandum explaining provisions in finance bill 1987 concerning section 27 reads as follows :simplification and rationalisation of provisionsenlarging the meaning of .....

State, Cbi Vs. Sashi Balasubramanian and anr.

Court : Supreme Court of India

Reported in : (2006)206CTR(SC)857; 2006(204)ELT193(SC); [2007]289ITR8(SC); JT2006(9)SC535; 2006(10)SCALE541

..... between the impugned act and the taxation laws (amendment and miscellaneous provisions) act, 1965. ..... this scheme, where any person makes, on or after the 1st day of september, 1998 but on or before the 31st day of december, 19998, a declaration to the designated authority in accordance with the provisions of section 89 in respect of tax arrear, then, notwithstanding anything contained in any direct tax enactment or indirect tax enactment or any other provision of any law for the time being in force, the amount payable under this scheme by ..... local authority,(vii) every artificial juridical person, not falling within any of the preceding sub-clauses;(viii) assessee, as defined in rule 2 of the central excise rules, 1944;(ix) exporter as defined in clause (20) of section 2 of the customs act, 1962 (52 of 1962);(x) importer as defined in clause (26) of section 2 of the customs act, 1962 (52) of 1962);(xi) any person against whom proceedings have been initiated and are pending under any direct tax enactment or indirect tax enactment ..... interpretation and/or application of the 'kar vivad samadhan scheme 1998' framed under the finance (no.2) act, 1998 is in question in this appeal which arises out of a judgment and order dated 20.01.2005 passed by the high court of madras in crl.op nos ..... finance act ..... relating to any offence under chapter ix or xvii ipc, yet the criminal proceedings are being prosecuted which is apparently against the very spirit of the scheme promulgated under the finance (no. .....

Synco Industries Ltd. Vs. Assessing Officer, Income Tax, Mumbai and an ...

Court : Supreme Court of India

Reported in : (2008)215CTR(SC)385; [2008]299ITR444(SC); JT2008(4)SC1; 2008(4)SCALE263; (2008)4SCC22; 2008AIRSCW2321; 2008(2)Supreme226629

..... section 80a, as originally inserted by the finance act, 1965 with ..... [(3) where, in computing total income of an association of persons or a body of individuals, any deduction is admissible under section 80g or section 80gga [or section 80ggc] or section 80hh or section 80hha or section 80hhb or section 80hhc or section 80hhd or section 80-i or section 80-ia [or section 80-ib] [or section 80- ic] [or section 80-id or section 80-ie] or section 80j or section 80jj, no deduction under the same section shall be made in computing the total income of a member or the association of persons or body of individuals in relation to the share of such member in the ..... 169itr44(bom) after examining the scheme envisaged by sub-section 1 of section 80a, sub-section 2 of section 80a and sub-section 5 of section 80b the calcutta high court has held that the gross total income defined by section 80b(5) is the total income computed under the provisions of the act, but before making any deductions under chapter vi-a and if the total income computed under the act before making the deductions under chapter vi-a is found ..... gross total income and as the gross total income was 'nil' the assessee was not entitled to claim deduction under chapter vi-a which includes section 80-i also.the proposition of law, emerging from the above discussion is that the gross total income of the assessee has first got to be determined after adjusting losses etc. ..... this section has witnessed several consequential amendments from .....

Indian Carbon Limited Vs. Superintendent of Taxes, Gauhati and ors.

Court : Supreme Court of India

Reported in : AIR1972SC154; (1971)3SCC612; [1972]1SCR316; [1971]28STC603(SC); 1971(III)LC817(SC)

..... these were the assam finance sales tax act 1956 as amended from time to time and the assam (sales of petroleum and petroleum products.... ..... the high court was of the view that the word 'coal' includes coke in all its forms in clause (i) of section 14 of the central act and must be taken to mean coke derived from coal. ..... we do not consider that when the parliament used the word 'coke' in section 14(i) of the central act it had any intention to give it a meaning other than the ordinary dictionary meaning which would cover petroleum coke. ..... all that has been stated in para 5 is that the word 'coke' in clause (i) of section 14 implies coke obtained from coal only and does not include petroleum coke. ..... during the pendency of the said revision petition the superintendent of taxes by his letter dated august 14, 1965 modified his earlier order to the extent that the demand was confined to the sale of petroleum coke subsequent to september 1, 1964. ..... the company preferred a petition for revision under section 31(2) of the assam act challenging the order of the superintendent of taxes. ..... section 15(1) of the central act as it stood at the relevant time was in the following terms:section 15 every sales tax law of a state shall, in so far as it imposes or authorises the imposition of a tax on the sale or purchase of declared goods, be subject to the following restrictions and conditions, namely:(a) the tax payable under that law in .....