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Sirpur Paper Mills Ltd. Vs. Director of Inspection, Customs and Centra ...

Court : Andhra Pradesh

Reported in : 1983(12)ELT457(AP); [1982]136ITR120(AP)

..... 31 and 39 of respective finance acts of 1969 and 1968 which go to establish that the provisions in the finance acts are special, distinct and independent in their nature, and merely because a reference is made in order to impose 20 per cent of special duty of excise on the total amount chargeable under the excises act, it cannot be particularised as part ..... : 'the additional surcharge leviable under clause (c) of paragraph a of part i of the first schedule to the finance act, 1963 read with section 2(1)(a)(ii) of that act is a distinct charge, not dependent for its leviability on the assessee's liability to pay income- ..... 623 : 'then coming to the second contention that the said excise duty levied under section 27(4) of the finance act has to be taken into account for the purpose of determination of the amount for which the tax credit certificate should be given, the learned counsel for the petitioner relies on the decision ..... secondly, the special excise duty is treated as an addition to the duty of excise payable on such goods under the central excises and salt act, by virtue of sub ..... secondly, the special excise duty of 20% on the duty of excise was not considered on the ground that the special excise duty is not a duty of excise levied under the central excises and salt act ..... the second ..... secondly, if all sorts of paper are to be aggregated and excess has to be worked out while taking into consideration the deficit, if any, in one of the items, then the question is as to how the relief .....

Prem Chand Vs. Commissioner of Income-tax, Andhra Pradesh, Hyderabad

Court : Andhra Pradesh

Reported in : (1984)41CTR(AP)162; [1984]148ITR440(AP)

..... ii of the para a of the schedule i to the finance act, 1974, and not as per sub-paragraph i ?' 10 ..... ii of para a of schedule i to the finance act, 1974, and not as per sub-para. i. 51 ..... ii of para a of schedule i to the finance act, 1974. 50. ..... ii of para a of schedule i to the finance act, 1974, in view of the partition in which she took a share 45 ..... ii of para a of schedule i to the finance act, 1974, as in his opinion there was at least one member of the huf having an income exceeding the taxable limit, inasmuch as the petitioner did not fill in the particulars as per annex ..... i to the finance act, 1974. r.c. no ..... i to the finance act, 1974. 4 ..... six coparcener, simultaneously and there was then a partition, the case squarely fell within the rule in gowli buddanna's case : [1966]60itr293(sc) , as applied in narendranath's case : [1969]74itr190(sc) , as the property was owned by the huf before partition. 43. ..... for the purpose of the second point arising in the r.c. ..... on the second point we are, therefore, of the opinion that the partition at which the wife was given a share did not have the effect of wiping out her 'sapinda' relationship ..... the second question is whether the assessee's wife is a member of the assessee's family so as to attract the higher rate of tax applicable under sub-para ..... we shall revert back to this aspect in detail while dealing with the second point. 35. ..... secondly, the existence of the 'sapinda' relationship is the test for deciding who is a member of the hindu joint family. 47 .....

Ece Industries Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)111TTJ(Delhi)11

..... from the facts of the present case because in the instant case, it is not the stand of the department that the capital gain is to be assessed as business profit under section 41 of it act and secondly in that case, the price of various assets were determinable which task is not possible in the present case because neither in the sale agreement, separate prices were shown for different assets nor any exercise ..... hon'ble supreme court and thereafter the parliament enacted the banking companies (acquisition and transfer of undertakings) act, 1970.the second schedule to this act provided for a lump sum compensation in respect of each of such undertakings taken over. ..... of sonepat unit as a 'slump sale'.3.10 the learned first appellate authority also considered the issue relating to cost of acquisition, cost of improvements and method of computation of capital gain as given in sections 48 and 50 of it act and held that provisions of section 50 which provide a special method for determining the cost of acquisition shall apply in the case of the assessee.3.11 regarding the applicability of section 50b relating to slump sale, she observed ..... was a lacuna in the statute to provide for such computation provisions which has been removed by insertion of section 50b by the finance act, 1999 w.e.f. ..... originally known as punjab national bank was carrying on banking business, which was acquired by the government of india under the banking companies (acquisition and transfer of undertakings) act, 1969. .....

Sunil Chandra Nawn Vs. Union of India and ors.

Court : Kolkata

Reported in : (1976)5CTR(Cal)180

..... the supreme court was considering whether section 24 of the finance act, 1969 which incorporated amendments to the relevant provisions of the wealth tax act, 1957, having the effect of including the capital value of agricultural lands in computing the net wealth for the purposes of wealth-tax was within the legislative competence of parliament. ..... the validity of the wealth tax act, 1957 after the finance act, 1969 which incorporated amendments to the relevant provisions of the wealth tax act, 1957 by including the capital value of agricultural lands in computing the net wealth for the purpose of the wealth tax was subject-matter of challenge before the supreme court in the case of union of india vs . ..... thereafter, the petitioner presented an appeal to the additional district magistrate, 24-parganas, who by his order dated the 24th of september, 1969 allowed the objection and vacated the proceedings under the second schedule to the income-tax act, 1961, and directed the certificate the certificate officer to proceed in accordance with law. ..... there the learned judges of the supreme court held that section 24 of the finance act, 1969 which incorporated the amendments to the relevant provisions of the wealth tax act, 1957, included the capital value of agricultural lands in computing the net wealth for the purposes of wealth tax was within the legislative competence of the parliament. ..... he drew my attention to section 12-b of the indian income-tax act, 1922 and finance act (no. .....

Basudeo Nirmal Vs. the Assam Board of Revenue and ors.

Court : Guwahati

..... 67 of the schedule appended to the assam finance (sales tax) act, 1956. ..... thus no escape from the conclusion that mritasanjiwani sura being an ayurvedic preparation, was not subject to the levy of finance sales tax for the period ending on 31st march, 1969, as the law then stood. ..... would appear that on 31st march, 1969, ayurvedic, homoeopathic and unani medicines were not subject to the levy of finance sales tax under item no. ..... view of the matter, the impugned orders by the superintendent of taxes, the assistant commissioner of taxes and the assam board of revenue are liable to be struck down, to the extent finance sales tax has been levied on mritasanjiwani sura.7. ..... allow this petition and set aside the levy of finance sales tax on the petitioner's turnover of mritasanjiwani sura for the period ending on 31st march, 1969. ..... the levy of tax on the said medicine, the petitioner filed an appeal before the assistant commissioner of taxes; but the same was rejected, whereupon he preferred a second appeal before the board of revenue. ..... by his order dated 18th november, 1969, the supreintendent of taxes assessed the petitioner for finance sales tax on the turnover of ..... whereby the board upheld the order dated 14th june, 1971, passed by the assistant commissioner of taxes, gauhati zone, gauhati, confirming the order of assessment made by the superintendent of taxes dated 18th november, 1969, be quashed. ..... period with which we are concerned is the assessment year ending on 31st march, 1969. .....

Bharat Traders Vs. Commercial Tax Officer and ors.

Court : Kolkata

Reported in : [1977]39STC206(Cal)

..... provisions of the statute if the income-tax officer or the appellate assistant commissioner is satisfied about the matters referred to in clauses (a) to (c) of sub-section (1) of section 271 during the course of proceedings under the act even though notice to the person proceeded against in pursuance of that satisfaction is issued subsequently.11. after making the said observations the supreme court referred to the observation made in its earlier decision in commissioner of income-tax v. ..... incorrect statement of his turnover or incorrect particulars of his sales in the return submitted under sub-section (2) of section 10 or otherwise,with intent to reduce the amount of the tax payable by him under this act, the commissioner may, after giving such dealer a reasonable opportunity of being heard, by an order in writing, direct that he shall, in addition to any tax or penalty already levied and payable by him under this ..... , the petitioner was asked to appear and to produce books of account relating to the period from 1st july, 1969, to 14th march, 1970, with a quantitative analysis of containers sold by the petitioner along with tax-free goods specified in schedule i of the act. ..... alleged in the notice that in the returns for the first, second and third quarters of the ratha jatra years 2026-2027 s.y ..... against a notice dated 15th june, 1970, issued by the commercial tax officer, siliguri, under section 20a of the bengal finance (sales tax) act, 1941, hereinafter referred to as the act. .....

State of Kerala Vs. Attesee (Agro Industrial Trading Corporation)

Court : Supreme Court of India

Reported in : AIR1989SC222; 1989(19)ECC60; 1988(38)ELT720(SC); JT1988(4)SC250; 1988(2)SCALE1597; 1989Supp(1)SCC733; [1988]Supp3SCR601; [1989]72STC1(SC)

..... . so far as assessment years 1971-72 and 1972-73 are concerned, the definition of cotton fabrics' in item 19 of the schedule to the 1944 act, as amended by the finance act 1969 w.e.f ..... . 15 was brought into force, the central government decided to pass an act to provide for the levy and collection of additional duties of excise on certain goods and for the distribution of a part of the net process thereof among the states in pursuance of the principles of distribution recommended by the second finance commission in its report dated 30.9.1957 ..... the kerala general sales tax (second amendment) act, (act 16 of 1967) amended item 7 of 1963 act to read as follows w.e.f. ..... . before this section came into force, it was amended by act 16 of 1957 which retained the first restriction and, so far as the second is concerned, provided that the tax should be levied only on the last sale or purchase inside the state and even that should not be levied when that last sale or purchase is in the course of inter-state ..... the distribution of the proceeds of the additional duties broadly followed the pattern recommended by the second finance commission. ..... in the former case, the provision of the second statute, along with all its amendments and variations from time to time, should be read into the first statute. ..... . secondly, in shama rao only three of the five judges expressed an opinion about this aspect of the case .....

Kerala State Co-operative Agricultural And Rural Development Bank Ltd. ...

Court : Supreme Court of India

..... act, unless there is anything repugnant in the subject or context,- x x x (e) scheduled bank means a bank included in the second schedule; v) the kerala co-operative societies act, 1969 (state act, 1969): the relevant provisions of the state act, 1969 ..... land development bank means the co-operative society which is the principal land development bank (by whatever name called) in a state and which has as its primary object the providing of long-term finance for agricultural development: provided that, in addition to such principal land development bank in a state, or where there is no such bank in a state, the state government may declare any ..... to be a central co-operative bank or central co-operative banks within the meaning of this definition; x x x (u) state co-operative bank means the principal co- operative society in a state, the primary object of which is the financing of other co-operative societies in the state: provided that in addition to such principal society in a state, or where there is no such principal society in a state, the state government may declare any one or more cooperative ..... cooperative society carrying on business in that state and authorised by the bye-laws of such cooperative society to provide long-term finance for agricultural development to be also or to be a state land development bank within the meaning of this definition; (w) words and expressions used herein and not defined but defined in the reserve .....

The State of Punjab Vs. Union of India

Court : Punjab and Haryana

Reported in : [1971]80ITR248(P& H)

..... 2673 of 1970 is consequently accepted, rule made absolute and direction issued to the effect that the wealth tax act as amended by the finance act, 1969, in so far as it includes the capital value of the agricultural land for the purpose of computing 'net ..... list') (2) notwithstanding anything in clauses (3), parliament , and subject to clause (1), the legislature of any state also, have power to make laws with respect to any of the matters enumerates in list iii in the seventh schedule (in this constitution referred to as the 'concurrent list') (3) subject to clauses (1) and (2), the legislature of any state has exclusive power to make laws for such state or any part thereof, with respect to any ..... , entry 86 is a verbatim copy of entry 55 in list i in the seventh schedule of the government of india act, 1935, and that not much emphasis should be laid on this exclusion. ..... articles 246 and 248 read with the lists in the seventh schedule defined the extent of the fields in which the parliament and ..... the main contention of the petitioner in that case was that in view of entry 49, list ii of schedule vii 'taxes on lands and buildings' fell within the exclusive domain of the state legislatures and that by virtue of that entry all kinds of taxes on lands and ..... second line of attack is that in any case, even if the tax is not covered by entry 49, aforesaid, the parliament is not authorised to impose this tax under articles 246 and 248 read with entries 86 and 97 of list i in the seventh schedule .....

State of Andhra Pradesh Vs. Feno Plast Private Limited

Court : Andhra Pradesh

Reported in : [1995]97STC316(AP)

..... definition of that expression as amended by the finance act, 1969, was wide enough to include the p.v.c. ..... to be taken note of and without which consideration of the issue in these cases will be incomplete and that is the fact the petitioner-assessee challenged legality and constitutional validity of act 25 of 1988 by which entry 174 has been inserted in the first schedule to the apgst act, on the ground that as rexine falls within the meaning of 'cotton fabrics' and is thus one of the items of declared goods, the power of the state legislature ..... the purchase specified as applicable thereto, effected in the state by the dealers purchasing them, on his turnover of purchase in each year relating to such goods irrespective of the quantum of turnover (c) in the case of the goods mentioned in the fifth schedule, at the rates and at the points specified as applicable thereto, on the turnover of ..... contained in sub-section (1), the tax under this act shall be levied - (a) in the case of the goods mentioned in the first schedule at the rates and only at the point of the sale specified as applicable thereto effected in the state by the dealer selling them, on his turnover of sales in each year relating to such goods irrespective of the quantum of turnover; (b) in the case of the goods mentioned in the second schedule at the rates and only at the point of .....