Judgment Search Results Home > Cases Phrase: finance act 1969 schedule ii second schedule Page 12 of about 5,809 results (0.236 seconds)

Commissioner of Income-tax Vs. Deoria Sugar Mills Ltd.

Court : Kolkata

Reported in : [1971]80ITR408(Cal)

..... reduced by the sum, if any, equal to the amount or the aggregate of the amounts, as the case may be, computed as hereunder : --(a)on that part of the aggregate of the sums arrived at in accordance with clause (i) of the second provisoto paragraph d of part ii of the first schedule to the finance act, 1958 (xi of1958), as has not been deemed to have been taken into account, in accordance withclause (ii) of the said proviso, for the purpose of reducing the rebate mentioned in clause (i) of thesaid proviso to nil ;........... ..... whether the sum of 8,731.10 is deductible from the rebate under sub-clause (a) of clause (i) of the second proviso to paragraph d of part ii of the schedule to the finance act, 1929 (2) whether the tribunal or the high court or the supreme court in a reference under the income-tax act can go into the question of vires of the finance acts ; and (3) whether the particular provision under consideration is ultra vires 8. ..... the madras high court has said the provisions, of the second proviso to paragraph d of part ii of the first schedule to the finance act, 1956, which provide that the standard rebate in super-tax permissibe to a company under the first proviso to that paragraph shall be reduced if the dividends declared by the company are in excess of the minima specified ..... these circumstances, we are ofopinion that, to a case of this nature, the second proviso to paragraph d ofpart ii of the first schedule to the finance act of 1959 cannot beattracted at all. 26. .....

Smith (inspector of Taxes) Vs. Schofield.

Court : Kolkata

Reported in : [1994]209ITR572(Cal)

..... observations, although the appeal was presented to us as raising the sole question whether the indexation allowance provided for by sections 86 and 87 of the finance act 1982, as amended by the finance act 1985, was to be taken into account before or after the application of the time-apportionment provisions of paragraph 11 of schedule 5 to the capital gains tax act 1979 both statutory provisions have a legislative history and were originally set in different contexts to those in which they have to be construed after the ..... if parliament had intended the contrary, i would expect the sub-section to being by saying that 'subject to the provisions of sections 86 and 87 of the finance act 1982' the gains were to be computed in accordance with chapter ii.the second indication is that, by the terms of section 86(4), the indexation allowance is to be set against the unindexed gain or, as the case may be, added to the unindexed loss 'so as to give the gain or loss for the purposes of the capital gains tax act 1979'. ..... it seems to me, as it did the judge and the commissioner, that the provisions of the act of 1982 were too radically altered by the provisions of the act of 1985 for the language of the former to be taken as a guide to the meaning of the latter.the second point, which was accepted by the judge, was that the taxpayers argument gave her the best of both worlds. .....

M/S. Bharti Airtel Ltd., Rep by Its Head-legal and Regulatory, S. Naga ...

Court : Karnataka

..... question which arises for consideration in these proceedings is whether the activity of these service providers would fall in the residuary entry at 97 in list i and consequently levy of service tax under the provisions of the finance act, 1994 is valid and legal or under what legislative head or field of legislation, the state legislature is trying to levy tax on the activity which is the subject matter of these proceedings. ..... undisputed fact that these service providers are paying service tax in pursuance of the provisions contained in the finance act, 1994 in particular entry 65 (109-a) as the activities are all squarely falls within the said provision ..... if this energy is not there in the telecom network for a second, the data will not move an inch for that second, very much like the case of a bulb or a fan without ..... though we have a federal structure and vii schedule which clearly demarcates the field of legislation and the power of the parliament and state legislature to legislate, it is not uncommon that there is an over lapping while exercising ..... madhya pradesh electricity board, jabalpur (1969) 2 scr 939 that electricity ..... board, jabalpur reported in (1969) 2 scr 939 where a question arose whether madhya pradesh electricity board is a dealer of electricity and whether electricity is goods, it held as under:- the electricity board carried on the business of selling, supplying and distributing electricity which fell within the meaning of the expression goods in the two acts viz. .....

G.V.Matheswaran Vs. the Union of India

Court : Chennai

..... 24588 of 2010 are filed seeking to declare that (i) the impugned provisions, i.e.section 65(105)(zzzz) read with section 65(90-a) of the finance act, 1994, as amended by the finance act, 2010, as null and void and ultra vires and violative of entry 49, list-ii, seventh schedule, articles 14, 19 and 246(3) of the constitution of india, (ii) section 76(a)(6)(h) and section 77 of the finance act, 2010 as null and void and ultra vires the constitution of india insofar as the petitioners are concerned; and (iii) the ..... 35 w.p.nos.23109/2009 and 4544/2010 are filed seeking to declare the respective notification and circular issued by the second respondent for collecting service tax on the renting of immovable property, as illegal, null and void and ultra vires the provisions of the finance act, 1994 as amended by the finance act, 2007 and finance act, 2008. ..... district forest officer who has let out the said factory in favour of m/s.tamil nadu forest plantation corporation ltd.as to the details of rent received by them and the said official, in turn, has informed the second respondent about the addressing of letter to the chief conservator of forest and records were also submitted and the petitioner has also disputed the jurisdiction of the firs.respondent to levy and collect service tax .....

Mahyco Monsanto Biotech (India) Pvt. Ltd. and Others Vs. THE UNION OF ...

Court : Mumbai

..... the monsanto petition, filed under article 226 of the constitution of india, brings a challenge to entry 39 of schedule c to the maharashtra value added tax act, 2002 ( the mvat act ); the definitions under sections 65(105)(zzr), 65(55a) and 65(55b) of the finance act, 1994; and sub-clause (c) of section 66e of the finance act, 1994. ..... under this agreement, subway receives two kinds of consideration, one being a one-time franchisee fee which is paid when the agreement is signed; and the second is a royalty fee paid weekly by the franchisee on the basis of its weekly turnover ..... first, monsanto india can continue to use the technology during the period of the agreement; and second, it can further sub-license the same technology to as many others as it pleases ..... this transaction, he says, does not satisfy the bsnl twin test for two reasons: first, a is not temporarily excluded from the right, and second, he can further grant the same rights to others ..... . the question that arises here is whether the second aspect of the bsnl twin test (incapacity of the transferor to make further transfers) is satisfied, given that a has transferred the right to three different ..... venkatraman s own illustrations, this case would not fall within the third illustration, but within the second and perhaps even the first ..... v state of maharashtra, (2009) 40 mtj 285; second appeal nos ..... . (b) in the second scenario, a grants the right to use the intangibles to b in maharashtra, to c in karnataka and to d in tamil .....

Vazir Sultan Tobacco Company Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1985)(21)ELT757TriDel

..... provisions of this section took effect from 1-3-1978 by virtue of a declaration under the provisional collection of taxes act inserted in the finance bill, 1978.it is common ground that these goods were liable to the duty under item 4.11(2) of the first schedule to the central excises and salt act (hereafter referred to as "the basic duty"), both before and after 1-3-1978. ..... in his arguments as regards the second question, shri raghavan iyer had advanced ..... we now come to the second argument, based on the fact that the goods were liable to basic excise duty at the time ..... we now come to the second question, namely, whether the fact that the goods were already subject to the basic excise duty would make ..... in the second judgment the said division bench refused a certificate of fitness for leave to appeal to the supreme court ( ..... "the second judgment") ..... (second edition ..... on his second point that a new excise duty would not be attracted on goods manufactured before the date of imposition, shri ansari cited the following authorities :-union of inaia and ors ..... secondly, it has not been argued that the sed is different in nature, or is to be collected at a different stage, from the basic excise duty : on the contrary, the argument is that in all material respects it is the same as the ..... secondly, for the reasons advanced by him and set out in paras 6 and 7 of the above-mentioned order, the interpretation canvassed by the appellants and the intervener would have the effect of rendering rule 9a of .....

Khivraj Motors (P.) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1994)50ITD576(Mad.)

..... the cinema theatre being actually a source of the assessee's income was a plant both for income-tax and wealth-tax purposes.secondly, the finance act, 1988 substituted a new clause (vi) for the existing clause (vi) in section 40(3), so as to extend the benefit of the exemption from wealth-tax to cinema houses ..... starting from the proposition that income-tax is one tax and of an aggregate or collection of different taxes under the different schedules, the house of lords went on to point out that to see which head of income you are to apply, you have to consider the nature and the constituent parts of the items of ..... the first was that under part d of schedule-ill of the wealth-tax act, the book value of the assets ought to have been taken into ..... revenue's case was that the entire receipts from the building is chargeable under schedule d (analogous to the head of income 'income from business'). ..... of 12.5 adopted is also correct, inasmuch as that is the multiplier given in schedule-ill of the wealth-tax act.18. ..... reasons : first, schedule-iii is applicable with effect from the assessment for the assessment year ..... of lords held that the rent received by the company fell under schedule a (analogous to the head 'income from house property') and not under schedule d. ..... that arose for consideration was whether the assessee-company was entitled to claim deduction of cost of repairs and other expenditure relating to the licensed premises in the computation of its business profits under schedule d. .....

Magus Construction Pvt. Ltd. and anr. Vs. Union of India (Uoi) and ors ...

Court : Guwahati

..... under the monopolies and restrictive trade practices act, 1969 'service' has been defined as under:'service' means service of any description which is made available to potential users and includes the provisions of facilities in connection with banking, financing, insurance, chit fund, real estate, transport, processing, supply of electrical or other energy, boarding or lodging or both, entertainment, amusement or the purveying of news or other information but does not include the rendering of any service free ..... that the first party agrees to sell and the second party agrees to purchase the flat described in schedule b along with the proportionate and undivided share of land for a total sale of price of ..... the payment of all dues by the second party, deed of sale will be registered by the first party in favour of the second party as per prevailing stamp act, registration act, property transfer acts and rules framed thereunder.11. ..... (rupees seven lacs eighty six thousand five hundred only) which shall be paid by the second party to the first party as per the payment schedule below:(a) on booking and agreement rs. ..... time being the essence of the agreement, the second party specifically agrees to make the payment of the sale price strictly as per the payment schedule described above.9. ..... the possession of the flat shall be given to the second party only after the second party has made payment of the sale price of the flat/ apartment to the first party as stated in paragraphs 1, 2 and 3 .....

Bank of India Ltd. Vs. Commissioner of Income-tax, Bombay City Ii

Court : Mumbai

Reported in : [1969]39CompCas238(Bom)

..... is in law entitled to have the amounts of share premium, received by it on issue of its shares from time to time, included in its paid-up capital within the meaning of explanation (i) to paragraph d of part ii of the first schedule to the finance acts of 1956, 1957 and 1958, for the purpose of calculating the amounts of excess dividends on which super-tax rebates were to be withdrawn for the assessment years 1956-57, 1957-58 and 1958-59 ?' 4. ..... prevailed on the 1st of january, 1955, and the 1st of january, 1956, respectively, which are the first days of the previous years 1955 and 1956, within the terms of the explanation to the said finance acts, there was no statutory provision in existence at the material time which required the applicant-bank to maintain a separate 'share premium account'. in that state of law, there would be no reason why the legislature ..... whether such an account should be a separate account, and, in those circumstances, it is certainly permissible for us to consider the object which was intended to be achieved by the provisions in regard to super-tax which are contained in the finance acts of 1956, 1957 and 1958, and the mischief that was sought to be prevented thereby for the purpose of meeting 'the needs of a fair and reasonable construction', as observed by the supreme court in sheikh gulfan's case cited ..... the real question, therefore, is whether the second construction or the third construction of the phrase mentioned above should ..... the second and an .....

Sir Byramjee Jeejeebhoy, Kt. Vs. the Province of Bombay

Court : Mumbai

Reported in : AIR1940Bom65; (1940)42BOMLR10

..... 42 of list ii of the seventh schedule of the construction act, whether, irrespective of any other items in the lists in the schedules, the tax imposed by the finance act is included in the words used in item no. ..... the material provisions of part vi of the bombay finance act, 1932, which were added by the bombay finance act, 1939, are as follows :-section 20 directs that part vi of the act extends to the city of bombay, and the other places therein mentioned.section 21 defines ' annual letting value ' in the city of bombay as meaning the rateable value of buildings or lands as determined in accordance with the provisions of the city of bombay municipal act, 1888.section 22 is the charging section and ..... 358) : -it therefore remains to consider the second contention of the corporation- namely, that the tax so imposed by the central authority on the ratepayer is ' substantially the same in character' as ..... by an amending act xvii of 1939, called the bombay finance (second amendment) act, 1939, the urban immoveable property tax was made a first charge upon the building or land affected thereby and upon the moveabk-property, if any, found within or upon such building or land belonging to ..... the second part of this contention also ..... the second point urged is that it is ultra vires the provincial legislature, to order the municipal commissioner to collect ..... the second rule stated in attorney-general for ..... secondly, even a vacant plot of land is taxed under both, on the footing of its annual .....