Judgment Search Results Home > Cases Phrase: finance act 1970 section 16 amendment of section 80mm Court: gujarat Page 13 of about 739 results (0.265 seconds)

The State of Gujarat Vs. Dilipkumar Kiritkumar and Co.

Court : Gujarat

Reported in : [1980]45STC318(Guj)

..... basic material or the prescription of a minimum percentage of the basic material in the relevant entry of cotton fabrics as amended by the finance act of 1977. the present item 19, after its amendment by the finance act of 1977, defines 'cotton fabrics' to mean all varieties of fabrics manufactured either wholly or partly from cotton and includes .... if ..... tribunal, therefore, accepted the appeal of the assessee and held that the saris in question were not liable to sales tax as they were exempted under section 5 of the sales tax act, 1969. at the instance of the commissioner of sales tax, therefore, the following question has been referred to us for our opinion : 'whether, ..... 23.20 per cent silk and 17.80 per cent cotton. 3. the assessee had made an application before the deputy commissioner of sales tax under section 62 of the aforesaid act for determining the rate of tax payable on the sales of the aforesaid two saris. the assessee, in effect, contended that having regard to the weight .....

Commissioner of Income-tax, Gujarat-i Vs. Ahmedabad Manufacturing and ...

Court : Gujarat

Reported in : [1983]139ITR806(Guj)

..... determine, by general or special order, the appropriate proportion of such sum so chargeable, and upon such determination, tax shall be deducted under sub-section (1) only on that proportion of the sum which is so chargeable.'under the finance (no. 2) act, 1971, by s. 2(4) it has been provided :'in cases in which tax has to be deducted under ..... a challan was enclosed for the necessary payment. according to that calculation, in respect of the amount of rs. 48,698 which was remitted during the period from october 1, 1970 to march 31, 1971, the gross contribution payable came to rs. 1,62,330 and 70 per cent. that is rs. 1,13,632 was the tax payable thereon. ..... . the letter was written by the assessee-company in regard to the technical research contribution to m/s. vinyl products ltd., surrey, england, for the period from october 1, 1970 to october 31, 1971. according to the itos reply dated november 23, 1971, which is annex. a to statement of the case, the tax payable on the gross remittances was .....

Deputy Commissioner of Income-tax - TDS Circle Vs. Vodafone Essar Guja ...

Court : Gujarat

..... has observed as under: "26. in view of the aforesaid discussion, we have reached the following conclusion:- (i) in view of the third proviso to section 254(2a) of the act substituted by finance act, 2008 with effect from 1st october, 2008, tribunal cannot extend stay beyond the period of 365 days from the date of first order of stay. (ii ..... load of work but still litigant cannot be made to suffer for those reasons but keeping in view the mandate of law by introducing sec.35c (2a) by finance act, 2002 and a third proviso added by finance act, 2013 in particular, it will be for the tribunal to see that the matters must be decided within the period stipulated under ..... view that the law as enunciated in kumar cotton mills pvt. ltd. (supra) should also apply to the construction of the third proviso as introduced in section 254(2a) by the finance act, 2007. the power to grant stay or interim relief being inherent or incidental is not defeated by the provisos to the subsection. the third proviso has .....

Motilal Ambaidas Vs. Commissioner of Income-tax, Gujarat-ii

Court : Gujarat

Reported in : [1977]108ITR137(Guj)

..... assessee, was actually in force. this shows that the charging section is only section 3 of the income-tax act, and that section 2 of the finance act only gives the rate for quantifying the tax; for, this section gives an alternative for quantification in the contingency of the finance act not having been made on the 1st day of april, of ..... : [1966]61itr428(sc) and express newspapers ltd. : [1964]53itr250(sc) , the supreme court emphasized that even under section 3, which was the charging section, tax at the rate or rates mentioned in the finance act was to be charged for the particular year in accordance with and subject to the provisions of the indian income-tax ..... with, and subject to, the provisions of the income-tax act, but the said charge will be in accordance with the rates prescribed under the finance act. this construction will harmonize the apparent conflict between the two acts. when you look at section 2 of the finance act, it shows that income-tax shall be charged at the rates .....

Cit Vs. Anang Polyfil (P) Ltd.

Court : Gujarat

Reported in : (2004)187CTR(Guj)576

..... but in the facts of the instant case that decision would otherwise also not be applicable because the legislature had added explanation 8 to section 43(1) of the income tax act, 1961, by finance act, 1986, with retrospective effect from 1-4-1974.5. having heard the learned counsel for the revenue, there being no appearance on behalf ..... of acquisition of the asset, the relevant provisions of section 10(2) of the indian income tax act, 1922, did not contain any explanation which is now to be found as explanation 8 to section 43(1) of the indian income tax act, 1961, and which explanation was inserted by the finance act, 1986, with retrospective effect from 1-4-1974 ..... of the respondent-assessee, we are of the view that there is considerable substance in the submissions of mr. bhatt, learned counsel for the revenue. by finance act, 1986, the following explanation was added as explanation 8 with retrospective effect from 1-4-1974 :'explanation 8 : for the removal of doubts, it is hereby .....

Commissioner of Income-tax Vs. Vallabhdas Vithaldas

Court : Gujarat

..... narrow view of the powers of the commissioner. any doubt which could arise has been removed by the legislature by inserting through the finance act, 1988 an explanation and further amending it by finance act, 1989. the interpretation of the provisions of section 263(1) read with explanation thereto by the apex court in light of the legislative intent leaves no room for doubt. 8 ..... an order enhancing or modifying the assessment, or cancelling the same or directing a fresh assessment. by the finance act, 1988, an explanation was substituted with effect from 1st june, 1988, to the relevant sections of the income-tax act, wealth-tax act and gift-tax act to clarify that the term "record" would include all records relating to any proceeding available at the time of .....

Commissioner of Income-tax, Gujarat Vs. Kantilal Nathuchand

Court : Gujarat

Reported in : [1964]53ITR420(Guj)

..... reference. 3. the question which arises for consideration is a question of some importance particularly having regard to the fact that after the amendment of section 23(5)(a) by the finance act, 1956, a registered firm is now assessable to income-tax on its total income at specially low rates if such total income exceeds a certain ..... share of the firm's total income) was determined and the demand or levy was made on the partners individually. by the finance act, 1956, however, section 23 (5)(a) was amended and after the amendment, the section reads as follows : '23. (5) notwithstanding anything contained in the foregoing subsections, when the assessee is a firm and the ..... firm is registered, a different procedure is followed and that is set out in section 23(5)(a). prior to its amendment by the finance act, 1956, section 23(5)(a) was in the following terms; '(5) notwithstanding anything contained in the foregoing sub-sections, when the assessee is a firm and the total income of the firm has .....

Deversons (P) Ltd. Vs. Chairman, Cbdt

Court : Gujarat

Reported in : [2004]140TAXMAN628(Guj)

..... of cash compensatory support became taxable retrospectively with effect from april 1, 1967, but that was by an amendment of section 28 by the finance act of 1990, which amendment could not have been known before the finance act was amended on 31-5-1990. levy of additional tax bears all the characteristics of penalty. additional tax was ..... while issuing the intimation under section 143(1)(a) had also determined the interest payable under section 234b of the act without treating the aforesaid amount of export cash assistance as income. it was only on 16-3-1990 that finance bill 1990 was introduced for making export cash assistance taxable and finance act, 1990 received the assent of ..... taxes, hereby direct that the chief commissioner of income-tax and director general of income-tax may reduce or waive interest charged under section 234a or section 234b or section 234c of the act in the classes of cases or classes of income specified in paragraph 2 of this order for the period and to the extent .....

Additional Commissioner of Income-tax, Gujarat Vs. Cloth Traders (P.) ...

Court : Gujarat

Reported in : [1974]97ITR140(Guj)

..... it' found in the first part of the section have been omitted with retrospective effect. the result, therefore, is that the section should now be read omitting the words 'received ..... should be noted here that the section finds its place in the scheme of the act in chapter vii which speaks of 'incomes forming part of total income on which no tax is payable', and was inserted in the act by the finance act of 1965, as from 1st april, 1965. by section 31 of the finance act, 1968, the words 'received by ..... by it'. 5. it is obvious that the section contemplates the deduction on the .....

Commissioner of Income-tax Vs. Chandulal Venichand

Court : Gujarat

Reported in : (1994)118CTR(Guj)257; [1994]209ITR7(Guj)

..... in force shall be allowed in computing the income only of that previous year in which such sum is actually paid by him. 7. by the finance act, 1987, two provisos to section 43b were inserted with effect from april 1, 1988. it is submitted that the first proviso is inserted to mitigate the hardship caused to the taxpayers ..... where there is dispute about the liability. in the case of certain assessees, practical difficulties were encountered. with a view to getting over them, amendments in section 43b were introduced by the finance act, 1987. under the law as amended, if an assessee has paid sales tax, additional sales tax, central sales tax, etc., on or before the due ..... behind these provisions is to provide for a tax disincentive by denying deduction in respect of a statutory liability which is not paid in time. the finance act, 1987, inserted a proviso to section 43b to provide that any sum payable by way of tax or duty, etc., liability for which was incurred in the previous year will be .....