Judgment Search Results Home > Cases Phrase: finance act 1968 section 28 amendment of section 280zb Sorted by: old Year: 1991 Page 1 of about 233 results (0.336 seconds)

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 .....

Sri Madhusudan Mills Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1993)LC218Tri(Delhi)

..... not therefore, available for levy and collection of aed, (tta) and sed. hence, levy and collection of aed and sed have to be decided independent of section 51 of finance act and in the light of judgment of delhi high court in j.k. cotton spinning and weaving mills co., ltd. [1982 (10) elt 887] for ..... be deemed to have been removed from such place or premises immediately before such consumption or utilisation. this amendment was given retrospective effect by section 51 of the finance act, 1982. the provisions of this section are reproduced below: 51. retrospective effect for certain amendments to central excise rules and validation. - (1) the amendments made in rules ..... date of incorporation. [state of maharashtra v. madhavarao damodar patil, air 1968 sc 1395 p. 1400.] the rule that the repeal or amendment of the act which is incorporated by reference in a later act is not applicable for purposes of the later act is subject to qualifications and exceptions. [see text and footnotes 28 to 36 .....

Commissioner of Income-tax Vs. P. Janardhanan Pillai

Court : Kerala

Reported in : [1991]189ITR165(Ker)

..... an identical point by a common judgment dated september 17, 1990, this court held that section 43b of the income-tax act, after amendment by the direct tax laws (amendment) act, 1987, the finance act, 1988, and the finance act of 1989 and explanation 2 to the section which took effect from april 1, 1984, should be considered in order to give effect ..... the sales tax collection in the last month of the year payable to the government before the 20th of the next month, is a permissible addition under section 43b of the act. the tribunal answered the question in favour of the assessee and allowed the appeal filed by the assessee, following its earlier decision rendered in i. ..... the last month of the previous year under consideration which was not claimed as a deduction while computing the income under the income-tax act by invoking the provisions of section 43b of the act could not be brought to tax in the assessment years under consideration ?'2. the respondent is an assessee to income-tax. we .....

Makers Development Services Ltd. Vs. Dy. Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1992)40ITD185(Mum.)

..... the scheme was approved ex pane vis-a-vis the department. the clue to the problem in fact could unmistakably be found in the provisions of section 43c. these provisions inserted by the finance act w.e.f. 1 -4-1988 clearly lays down that where an asset which becomes the property of an amalgamated company under a scheme of amalgamation ..... decided the issue in favour of the amalgamated company for the years 1981-82 and 1985-86 mainly relying on the new provisions inserted by the finance act, 1988, in the form of section 43c w.e.f. 1-4-1988.such provisions are totally not available to the assessee. an objection has been raised that if the amalgamating company ..... amalgamating companies.that the consideration received by third party is a good consideration has now been established by the decision of the bombay high court in keshub mahindra v. cgt [ 1968] 70 itr 1. inviting our attention to this decision in cit v. british paints india ltd. [1991] 188 itr 44 (sc), it is submitted that it would .....

OklA. Tax Comm'n Vs. Potawatomi Tribe

Court : US Supreme Court

..... classes of suits against indian tribes, it has never authorized suits to enforce tax assessments. instead, congress has consistently reiterated its approval of the immunity doctrine. see, e.g., indian financing act of 1974, 88 stat. 77, 25 u.s.c. 1451 et seq., and the indian self-determination and education assistance ..... act, 88 stat. 2203, 25 u.s.c. 450 et seq. these acts reflect congress' desire to promote the "goal of indian self-government, including its overriding goal' of encouraging tribal self-sufficiency and economic development." california v. cabazon band of mission indians .....

Gozlon-perez Vs. United States

Court : US Supreme Court

..... 1004(b), 1006(a)(4), 1007(b) and 10o9(b). "[w]here congress includes particular language in one section of a statute but omits it in another section of the same act, it is generally presumed that congress acts intentionally and purposely in the disparate inclusion or exclusion." russello v. united states, 464 u. s. 16 , ..... to the contrary by congress, whose silence here contrasts with its expression of effective dates for other adaa sections. nothing about congress' apparent purpose in enacting 1002 -- to rectify an error in the controlled substances act that would have required supervised release for small- but not big-time drug offenders -- rebuts this presumption. ..... be released from custody before november 1 1987, concluded that, in all such cases, the reform act would be effective at the time a district court began its duties under the supervised release program. section 1002's plain language also forecloses the possibility that the rules governing special parole should apply to crimes .....

Grogan Vs. Garner

Court : US Supreme Court

..... even before 1970, many courts imposed the preponderance burden on creditors invoking the fraud discharge exception. see, e.g., sweet v. ritter finance co., 263 f.supp. 540, 543 (wd va.1967); nickel plate cloverleaf federal credit union v. white, 120 ill.app. ..... 2d 190, 193, 214 n.e.2d 667, 669 (1966); mac finance plan of nashua, inc. v. stone, ..... 263 a.2d 707, 710 (1969); budget finance plan v. haner, 92 idaho 56, 59, 436 p.2d 722, 725 page 498 u. s. 290 (1968); atlas credit corp. v. miller, 216 so.2d 100, 101 (la.ct.app.1968); household finance corp. v. altenberg, 5 ohio st. ..... 96 (1981) (administrative proceedings concerning violation of antifraud provisions of the securities laws); sec v. c.m. joiner leasing corp., 320 u. s. 344 , 320 u. s. 355 (1943) ( 17(a) of the securities act of 1933); first national monetary corp. v. weinberger, 819 f.2d 1334, .....

Commissioner of Income-tax Vs. Century Cashew Products

Court : Kerala

Reported in : [1991]188ITR612(Ker)

..... 1977-78 for which the accounting period is april 1, 1976, to march 31, 1977. in view of the later statutory provision made in section 40a(7) of the income-tax act with retrospective effect by the finance act of 1975, the decision in high land produce co. ltd.'s case : [1976]102itr803(ker) may not be applicable to the case on ..... hand. the question whether the payment to the group gratuity scheme is allowable should be decided in the light of section 40a(7)(b)(i) of ..... the income-tax act. the appellate tribunal .....

Trishala Shoes (P) Ltd. Vs. Union of India

Court : Karnataka

Reported in : 1991(34)ECC79; 1992LC105(Karnataka); 1992(57)ELT242(Kar); 1991(1)KarLJ294

..... shankar lal gupta v. the commissioner of income-tax, bombay and others (air 1968 delhi 295), petitioner's premises were searched and certain seizures effected at bombay. petitioner challenged this, along with the vires of section 132 of the income-tax act before the delhi high court. the division bench of delhi high court held that ..... in this application that the impugned order is bad, arbitrary, unreasonable and illegal being not in accordance with the norms laid down in sub-section (3c), section 3, essential commodities act. therefore, considering all these aspects i am unable to hold that any part of the cause of action arises within the territorial limits of ..... way.' nowhere the supreme court held that doctrine of promissory estoppel would apply against the exercise of a legislative power to withdraw the notification issued under section 25 of the act. the ultimate decision in the said case was based on the principle : 'in view of the intimate connection of newsprint with the freedom of .....

Ramadas Motor Transport Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1991)37ITD48(Hyd.)

..... (4), and emphasized that in the absence of a deeming provision, the explanation to section 132(4) should be read only prospectively.explanation to section 263(1) as introduced by the finance act, 1988, w.e.f. 1-6-1988, and as amended by finance act, 1989, w.e.f. 1-6-1988, is as follows :- for the removal of doubts, it is hereby declared that ..... then applies even though the hearing be in respect of matters which arose before that act was passed. [selangor united rubber estate ltd. v. cradock (no. 2) 1968 1 wlr 319, per ungoed thomas j. at page 321].in view of the above, it can be said that section 132(4) is procedural in nature.39. as stated in crates (statute law, 7th ..... edition, page 58), and approved by the hon'ble supreme court in central bank of india v. their workmen air for modern purposes a declaratory act may .....