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Telangana Rastra Samithi Vs. Union of India, and Others

Court : Andhra Pradesh

..... more of academic interest. the decision in balwant singh v l.c.bharupal, ito, (1968) itr 89 (sc), does not carry the matter ..... therefore whether an income-tax officer was a court for the purposes of section 195(1)(b) was more a question of interpretation than one of express enactment after the amendment of section 136 of the income-tax act, 1961 by section 28 of the finance act, 1985. the decision of the majority in lalji haridas' case, is now ..... to filing of election petitions (see prakash khandre). expecting possible adverse decision against the elected candidate (who since resigned), eci cannot ignore the mandate of section 151a of rp act. allowing them to do so would be allowing to violate article 327 and valid law made by parliament. therefore, we cannot countenance the submission of .....

Handicrafts and Handloom Export Corporation of India Vs. Commissioner ...

Court : Delhi

Reported in : (1982)29CTR(Del)185; [1983]140ITR532(Delhi)

..... persons who are resident in india. this section was inserted by the finance act, 1968, with effect from april 1, 1968. there were subsequent amendment (other than the insertion of the provisos earlier referred to by the finance acts of 1970 and 1973, which were made retrospective with effect from april 1, 1968. it is necessary for the purpose so ..... considering the question referred to us to set out the section ..... (a) and (d) are concerned, the expenses could not qualify because sub-clause (ii) of clause (b) after its amendment with retrospective effect by the finance act of 1970 permitted the allowance only of expenditure incurred outside india. so far as item (b) is concerned, he was of opinion that two emotes of rs .....

Raghunandan Prasad Mohan Lal, Bareilly Vs. the Income Tax Appellate Tr ...

Court : Allahabad

Reported in : AIR1970All620; [1970]75ITR741(All)

..... to 1962-63 covered by clause (g) of sub-section (2) of sec. 297 because the assessments for those years would normally be completed before march 31 ..... whatsoever. 29. at this stage it may be mentioned that clause (iii) of sub-section (1) prescribing the minimum amount of penalty in cases or concealment equal to the amount of income concealed came into force with effect from april 1, 1968 after its amendment by finance act of 1968 and would not ordinarily be applicable to the pending assessments for the assessment years prior .....

Additional Commissioner of Income-tax, Gujarat Vs. Tarun Commercial Mi ...

Court : Gujarat

Reported in : [1978]113ITR745(Guj)

..... submission of the learned advocate for the assessee, by the legislative changes brought about in clause (c) by the finance act, 1968, which deleted sub-clause (iii) of clause (c) and inserted sub-clause (v) to clause (a) in section 40, the distinction between an employee and a director of a company-assessee is not sought to be done away ..... any period of his employment after the aforesaid date.' 6. this sub-clause was omitted by the finance act, 1968, with effect from april 1, 1969, and in its place sub-clause (v) as extracted above as inserted in clause (a) of section 40. in our opinion, therefore, this scheme in respect of non-deduction of expenses or allowances ..... and the benefit derived by or accruing to it therefrom.' (iii) (omitted by finance act, 1968, with effect from 1-4-1969). 3. on behalf of the revenue it has been contended that having regard to the legislative history of the provision contained in section 40(a)(v) and having regard to the different fields in which these two .....

Commissioner of Income-tax Vs. Mohan MeakIn Breweries Ltd.

Court : Himachal Pradesh

Reported in : [1991]192ITR134(HP)

..... 7) was added to sub-section (2a) with effect from april 1, 1968, so as to expand the scope of the restrictions with a view to cover and include the expenses incurred ..... 1967 by the taxation laws (amendment) act, 1967, which came into force on and with effect from october 1, 1967, when sub-section (2a) was introduced in section 37 of the act whereby, in the case of assessees other than companies also, a ceiling on such expenditure was fixed. by the finance act, 1968, an explanation (which is now explanation ..... viewed from another angle also. the controversy, in our opinion, has now been set at rest by the legislature introducing explanation 2 to sub-section (2a) of section 37 by the finance act of 1983 which was made effective with retrospective effect from april 1, 1976. the explanation has been introduced for the removal of doubts by .....

State Bank of Patiala Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1984)8ITD396(Chd.)

..... appeals), he should have noticed that the ito had referred to the provisions of section 40a in considering this claim. section 40a came on the statute book by way of insertion by the finance act, 1968, with effect from 1-4-1968. section 40a(7) was inserted by the finance act, 1975 with effect from 1-4-1973.in other words, it has retrospective effect ..... was held that even though the securities were part of the trading assets of the company doing business, the income therefrom had to be assessed under section 8 of the 1922 act. thereafter, the hon'ble court has made very significant observations that, 'this decision does not say that the income from securities is not income from ..... it.6. for the assessment year 1976-77, the assessee had also claimed an amount of rs. 70.92 lakhs as a deduction under section 40a of the income-tax act, 1961 ('the act'). the ito in this regard observed that, 'perusal of the details filed goes to show that the assessee bank has claimed gratuity liability pertaining .....

Commissioner of Income Tax Bengal-i, Calcutta Vs. M/S. M.N. Dastur and ...

Court : Kolkata

Reported in : (2000)2CALLT394(HC)

..... 1.4.72 and also amended by finance act 1974 but made effective from 1.4.1972. by ..... notice, specially after insertion of section 80ab in the act.24. for deduction of tax on royalties, etc., received from certain foreign companies were initially allowed under section 85c of the act. the provision of that section was substituted by section 80-o in the year 1968 and that section 80-ois further amendment by finance act 1971 w.e.f. ..... earn the income?'4. since basic common issue does arise in both the reference applications, whether the assessee is entitled for deduction, under section 80-o of the act on gross amount of convertible foreign exchange brought into india, without taking into account the expenses direct or indirect incurred in india.5. the .....

Budhindra Nath Sarma Vs. Commissioner of Income-tax

Court : Guwahati

..... purpose a time limit for completion of assessment and reassessment has been set out in section 153 of the act of 1961. in order to expedite the disposal of the assessment proceedings during the relevant time, amendment was made by the finance act of 1968, effecting a phased reduction in the time limit from four years to two years as ..... indicated in sub-clauses (i), (ii) and (iii) of clause (a) to sub-section (1) of section 153 of the act of 1961. however, in those cases wherein the asses-see ..... provisions, the assessing officer is armed with the jurisdiction to prolong the assessment on fulfilment of the conditions set out in clause (b) to sub-section (1) of section 153 of the act of 1961. the power is not arbitrary. the assessing officer can stretch the period of limitation on being satisfied, on the materials on record, .....

Premier Vegetable Products Ltd. Vs. Commissioner of Income-tax

Court : Rajasthan

Reported in : [1997]227ITR698(Raj)

..... , or incidental to, the execution of any contract for the supply outside india of such goods, services or facilities, and . . ,' explanation 2 was also inserted by the finance act, 1973, retrospectively with effect from april 1, 1968, which reads as under :-- ' explanation 2.-for the purposes of sub-clause (iii) and sub-clause (viii) of clause (b) expenditure incurred by an assessee engaged ..... to the crew, passengers or livestock) shall not be regarded as expenditure incurred by the assessee on the supply outside india of services or facilities.' 3. sub-clause (iii) of section 35b refers to any expenditure on supply or provision outside india of goods, services or facilities. explanation 2 has circumscribed the ambit of exemption that it must not be pertaining .....

Distributors (Baroda) Pvt. Ltd. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1985SC1585; (1985)2CompLJ389(SC); (1985)47CTR(SC)349; [1985]155ITR120(SC); 1985(1)SCALE1216; (1986)1SCC43; [1985]Supp1SCR778; 1986(1)LC86(SC)

..... sub-section (1) of section 80m were omitted with effect from 1st april 1968 so that right from the date of its enactment, section 80m sub-section (1) was to be read as if the words 'received by it' were not ..... % of such incomethere were several amendments made subsequently in this section but they relate primarily to the percentage of the income to be allowed as a deduction and do not have any bearing on the question of interpretation posed before us. one amendment is however material and that was made by the finance act 1968 by which the words 'received by it' occurring in .....