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Commissioner of Income-tax Vs. Pramod Kumar Jain

Court : Rajasthan

Reported in : (1995)125CTR(Raj)154; [1995]216ITR598(Raj)

..... . : [1970]76itr396(mad) but in view of the decision of the apex court in the case of r.m. chidambaram pillai : [1977]10itr292(sc) referred to above, the said decision cannot be considered as laying down the correct law.8. it may also be observed that explanation 2 added by the finance act, 1992, from april 1, 1993, in section 15 makes ..... it clear that the salary received by a partner of a firm shall not be regarded as salary but this amendment has been brought on the statute book because of the change of basis of assessment of the firm and the partner under the new scheme.9. the provisions of section ..... master. the control' and supervision of the employer is a sine qua non of the relationship between the employer and the employee. in accordance with the provisions of section 16 of the act, the deduction is allowable from the income which is chargeable under the head of 'salary'. in the case of a partner, the income which is received by .....

B.S. Jayachandra Vs. Income-tax Officer and anr.

Court : Karnataka

Reported in : (1986)54CTR(Kar)342; ILR1987KAR1088; [1986]161ITR190(KAR); [1986]161ITR190(Karn)

..... the gains relate to lands and buildings and 35% where they relate to other assets. 30. prior to the amendment made by the finance act, 1970, the definition of the term 'capital asset' in section 2(14) of the income-tax act, 1961, excluded from its scope, inter alia, agricultural land in india. accordingly, no liability to tax arose on gains derived from transfer of ..... those references, the petitioner has moved this court on march 12, 1981, under article 226 of the constitution challenging the validity of section 2(14)(iii) of the act inserted by section 3 of the finance act of 1970 (central act no. 19 of 1970) (the finance act), on the sole ground that the same was beyond the legislative competence of the union parliament. 5. the respondents have resisted the .....

Commissioner of Wealth-tax Vs. Smt. V. Pathummabi

Court : Kerala

Reported in : [1977]108ITR689(Ker)

..... rate, the law that obtained at the time the return was filed which in this case was on march 30, 1970, after the date of the amendment introduced by the finance act of 1969. it was, therefore, contended that section 18(1)(i) as it was amended by the finance act, 1969, must be applied for the entire periods from july 1, 1964, to march 30 ..... , 1970, for the year 1964-65 and from july 1, 1965, to march 30, 1970, for the year 1965-66 and the ..... its amendment by the finance act, 1969 ?'2. the returns for the two years 1964-65 and 1965-66 should have been filed by the assessee on or before june 30, 1964, and june 30, 1965, respectively. admittedly, this had not been done. the returns for the two years were filed only on march 30, 1970.3. originally section 18(1) of the .....

Commissioner of Income-tax Vs. Mrs. Kamla S. Asrani

Court : Mumbai

Reported in : (1991)93CTR(Bom)36; [1991]189ITR359(Bom)

..... , with effect from april 1, 1970. the constitutional validity of this amendment whereby and situated, inter alia, within the jurisdiction of a municipality was excluded from ..... section 2(14) of the income-tax act, 1961. under section 2(14)(iii), a capital asset does not include, inter alia, agricultural land in india not being land situated in any area which is comprised within the jurisdiction of a municipality or a cantonment board, etc. this amendment to section 2(14) was introduced by the finance act, 1970 ..... of the law at it stood at the time when the tribunal decided the appeal.15. the explanation to section 2(1a) has been added with retrospective effect from april 1, 1970, by the finance act, 1989. as a result of this explanation, revenue derived from the transfer of agricultural land is not considered as .....

Mukul Chandra Bhattacharyya Vs. Union of India and ors.

Court : Kolkata

..... adopted by the board of directors of the bank with prior approval of government of india and reserve bank of india under section 19(1) of the banking companies (acquisition and transfer of undertakings) act, 1970. necessary notification has also been issued in govt. of india gazette on 29.9.95. the present regulations supersede all our ..... . are two different concepts and the petitioner has attempted to confuse the issue; that in view of communication dated february 19, 2002 of the ministry of finance, government of india, an employee who has not been awarded the benefit of full back wages shall not be entitled to have the period of absence counted ..... in regard to consideration of the cases of reinstated employees at the instance of order of court for the purpose of computing qualifying service for pension, the ministry of finance, govt. of india, department of economic affairs, banking division, (vide their communication dated 19.02.2002) had clarified to all public sector banks, that in case .....

F.C.i. Class Iv Employees Union Vs. F.C.i.

Court : Punjab and Haryana

Reported in : (1994)IILLJ102P& H

..... of contract labour in dusting etc. of building owned/occupied by the food corporation of india, industrial finance corporation of india for which the appropriate government under the contract labour (regulation & abolition) act, 1970 is the central government.'16. since the matter under consideration related to the prohibition of contract labour system ..... for registration of establishments employing contract labour or the revocation of registration and the effect of non-registration have been made in sections 6 to 9 of the act. section 10 is relevant for resolving the controversy in the present case. it may be usefully reproduced. it reads as under:-'prohibition of ..... clause (2) have to be complied with before the government issues any notification under clause (1). cumulatively, it appears that the requirements embodied in section 10(2) are of mandatory nature. their non-compliance would vitiate a notification.12. mr. sarjit singh learned counsel for the petitioner, however, contends .....

T.K. Roy, Vs. Commissioner of Wealth-tax

Court : Guwahati

..... substituted by section 24 of the finance act, 1969 '67. wealth-tax reference no. 3 of 1975 : this reference relates only to the assessment year 1968-69. in this case also no return was filed under section 14(1) of the act or a return in spite of service of notice under section 14(2) of the act. the assessment was made on october 31, 1970. the wto ..... substituted by section 24 of the finance act, 1969?' 9. wealth-tax reference no. 3/75.10. this reference relates only to the assessment year 1968-69. in this case also no return was filed under section 14(1) of the act or a return in spite of service of notice under section 14(2) of the act. the assessment was made on october 31, 1970. the w .....

T. K. Roy Vs. Commissioner of Wealth-tax. S. Karam Singh V. Commission ...

Court : Guwahati

..... ), as substituted by section 24 of the finance act, 11969 ?"wealth-tax reference no. 3/75.this reference relates only to the assessment year 1968-69. in this case also no return was filed under section 14(1) of the act or a return in spite of service of notice under section 14(2) of the act. the assessment was made on october 31, 1970. the w.t ..... ) as substituted by section 24 of the finance act, 1969 ?" wealth-tax reference no. 3 of 1975 :this reference relates only to the assessment year 1968-69. in this case also no return was filed under section 14(1) of the act or a return in spite of service of notice under section 14(2) of the act. the assessment was made on october 31, 1970. the wto .....

T.K. Roy, Vs. Commissioner of Wealth-tax

Court : Guwahati

..... substituted by section 24 of the finance act, 1969 '67. wealth-tax reference no. 3 of 1975 :this reference relates only to the assessment year 1968-69. in this case also no return was filed under section 14(1) of the act or a return in spite of service of notice under section 14(2) of the act. the assessment was made on october 31, 1970. the wto ..... substituted by section 24 of the finance act, 1969?' 9. wealth-tax reference no. 3/75.10. this reference relates only to the assessment year 1968-69. in this case also no return was filed under section 14(1) of the act or a return in spite of service of notice under section 14(2) of the act. the assessment was made on october 31, 1970. the w .....

D.L.F. United Ltd. Vs. Commissioner of Income-tax

Court : Delhi

Reported in : (1995)129CTR(Del)33; [1996]217ITR333(Delhi)

..... because of the insertion of the explanationn has no relevance in the present context. 20. however, even assuming the said explanationn to section 2(1a) inserted with effect from april 1, 1970, by the finance act, 1989, is applicable to the facts and circumstances of the case as submitted by learned counsel for the revenue, let us now ..... last contention raised by the revenue that the insertion of the explanationn to the definition of agricultural income in section 2(1a) of the income-tax act by the finance act, 1989, with retrospective effect from april 1, 1970, makes a difference to the approach to the answer to the question in the above reference. the aforesaid ..... explanationn inserted in the definition of 'agricultural income' in section 2(1a) of the act by the finance act, 1989, although was given retrospective effect from april 1, 1970, the same is clarificatory in nature and would apply to all the assessments even prior to april 1, 1970, and in that view the questions of law referred to .....