Judgment Search Results Home > Cases Phrase: finance act 1978 chapter i preliminary Court: kolkata Page 3 of about 338 results (0.222 seconds)

Commissioner of Income-tax Vs. Radha Nagar Cold Storage (P.) Ltd.

Court : Kolkata

Reported in : (1980)18CTR(Cal)166,[1980]126ITR66(Cal)

..... in its total income of the previous year (as computed before making any deduction under chapter vi-a of the income-tax act) is not less than fifty-one per cent. of such total income.' 6. similar definition was there in the finance act, 1969. we need not set out that definition. we are not concerned, in ..... referred to this court the question as mentioned hereinbefore.5. before we consider the question further it may be necessary to refer to the definition of the relevant finance act, namely, the finance act, 1968. section 2(6), clause (d), defined 'industrial company' as follows :' 'industrial company' means a company which is mainly engaged in the ..... that handling was processing and dealt with the dictionary meaning of the expression 'processing '.14. in the case of addl. cit v. chillies export house ltd. : [1978]115itr73(mad) , the madras high court was concerned with a different question. there, the assessee, an exporter of chillies, purchased the chillies, sorted them, graded them as .....

Commissioner of Income-tax Vs. Thomas Duff and Co. (India) Pvt. Ltd.

Court : Kolkata

Reported in : [1982]137ITR798(Cal)

..... of income represented by the dividends shall be determined by reference to the fixed gross rate of dividend.' it appears that under sub-section (2) of section 47 of the finance act, 1965, of england, income under sch. f for any assessment year shall be charged in respect of any distribution made in the year on such sum as, after deduction of ..... year involved is 1970-71. therefore, it was sought to be urged that in view of section 47 of the finance act, 1965, of england which is again more or less in similar lines with section 232 of the income & corporation taxes act, 1970, of england--sch. f, the position would be different. but as the year in question is covered by the ..... court in the case of cit v. clive insurance co. ltd. : [1978]113itr636(sc) , this question must be answered in the affirmative and in favour of the assessee. it must be remembered that section 91 of the i.t. act 1961, is similar to section 49d of the indian i.t. act, 1922.2. so far as the first question is concerned, the .....

Pepper (inspector of Taxes) Vs. Hart and Others.

Court : Kolkata

Reported in : [1991]191ITR195(Cal)

..... with emoluments at the rate of pounds 8,500 a year or more (section 69(1), as amended by section 23 of the finance act 1978). section 61 introduced into charge to income tax under schedule e a wide range of benefits, where these are provided for the employee or members of his ..... deference to the attractively presented argument of mr. oliver, for the taxpayers, and because this case has certain features which case me concern.section 61(1) of the finance act 1976 requires that in cases where the subsection applies there shall be treated as emoluments of the employment of each of the taxpayers, and accordingly chargeable to income tax ..... apportionment of the relevant expense would produce a figure close to the amount of the ordinary school fees.the relevant statutory provisions are to be found in chapter ii of part iii of the finance act 1976, in particular, sections 61 and 63. those two sections have now been replaced, with amendments immaterial for present purposes, by sections 154 and .....

Bireswar Sirkar Vs. Collector of Central Excise and ors.

Court : Kolkata

Reported in : (2003)2CALLT523(HC),2003(162)ELT1170(Cal)

..... was issued by the collector of customs and central excise who were gold control officers, but because of certain amendments in the central excise and salt act, 1944 in the finance act 2 of 1995 the designation of the collector of central excise and customs have been re-designation as the commissioner. therefore, the contention of the learned ..... continues after 1st january, 1991 because, in the absence of a contrary intention in the repealing environmental protection act, 1978, section 16(1) of the interpretation act, 1978 preserves not only the effectiveness of a notice served under the 1974 act but also the ability to enforce the obligation created by the notice. failure to comply with a requirement in ..... not manifest an intention contrary to, and inconsistent with, the saving of the repealed provisions of section 5 (6a) and chapter iii-b of 1955 act so far as pending cases are concerned and that the rights accrued and liabilities incurred under the old law are not affected. the right of .....

Govind Ram Aggarwal Vs. Collector of Customs and ors.

Court : Kolkata

Reported in : 1988(35)ELT280(Cal)

..... ad valorem under the provisions of section 44 of the finance act. in addition thereto countervailing duty was leviable under section 3 of the tariff act read with item 26aa of the first schedule to the excise act. by a notification dated 1st of march 1983 the auxiliary ..... enough or suitable for any further use. the petitioner contended that he imported goods named cold formed section from sheets felt under chapter 21 of the import & export policy for the year 1982-83. in appendix d such goods had been specified and/or ..... the ad_ valorem customs duty thereon. the customs authorities follow a uniform procedure and in terms of the various provisions of the act for the purpose of import and export of the goods. hence the respondents authorities were justified in including the lending charges, freight ..... importation could not be taken right back to the date of contract.12. in the case reported in - air 1978 s.c.p. 675 prakash cotton mills (p) ltd. v. b. sen and ors., it was held :-'a reference to sections .....

ioc Yarn Agency Vs. Samsons Processing Industries

Court : Kolkata

..... maharashtra and ors. v. saifuddin mujjaffarali saifi, in its head note 'b' and paragraph 45 that current rate of interest has been defined in section 2(b) of the interest act, 1978. the maximum rates at which interest may be paid on different classes of deposits by different classes of scheduled banks fixed in accordance with the directions given or issued by ..... is no agreement either payment will be made immediately or as per section 61(2)(a) it may be guided by the section 3 of the interest act. section 3 of the interest act, 1978 prescribes that in any proceedings for the recovery of any debt or damages or in any proceedings in which a claim for interest in respect of any debt ..... the debit note for the year 1993. therefore, no such is due and payable.7. moreover, the sum which is claimed to be an admitted amount in the application under chapter 13a of the original side rules for a sum of rs. 3,67,740.00 paise is concerned, such amount was also tendered to the broker of the plaintiff as .....

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

..... & ors. vs. state of bihar & ors. reported in (1983) 4 scc 45 court held that for judging the validity of section 5(3) of the bihar finance act, 1981 (which levied a surcharge to be paid by a dealer) the court has to determine whether in pith and substance the law is relatable to entry 54 list ..... incorporated in article 30(1-a) as well as in the second proviso to article 31-a(1) for achieving specific objectives. the constitution (forty-fourth amendment) act, 1978 while omitting article 31 brought in a substantive provision clause (1-a) to article 30. resultantly, though no individual or even educational institution belonging to majority community ..... is not illusory. thereby they are not void. we further hold that after the constitution forty-fourth amendment act has come into force, the right to property in articles 19(1)(f) and 31 had its obliteration from chapter iii, fundamental rights. its abridgement and curtailment does not retrieve its lost position, nor gets restituted with renewed .....

Liberty Cinema Vs. the Commissioner, Corporation of Calcutta and anr.

Court : Kolkata

Reported in : AIR1959Cal45

..... the case of income-tax, which may be cited as a well-known form of taxation, the rate of tax to be levied is indicated each year by the finance acts. as i have pointed out in sarat chandra ghatak's case (a) (supra), it would be strange if the legislature laid down that income-tax will be ..... treated taxation as distinct from compulsory acquisition of property and has made independent provision giving protection against taxation save by authority of law. article 265, not being in chapter iii of the constitution its protection was held not to be a fundamental right which can be enforced by an application to the supreme court under article 32. ..... speaks of the imposition of a consolidated rate, chap. xii speaks or tax on professions, trades and callings which have always been considered as pure licence-fees and the chapter itself is headed 'tax on professions, trades and callings'. in the case, abovementioned, having regard to all the facts and circumstances, and particularly to the fact that .....

Gms Marine Company Limited Vs. the Owners and Parties Interested in th ...

Court : Kolkata

..... . the law on such aspect in the united states and in england is now found in their statutes: the foreign sovereign immunities act, 1976 in the united states and the state immunity act, 1978 in england. these statutes appear to apply across the board and are not restricted to ordinary civil suits.118. in harbhajan singh dhalla ..... in bombay wherein a manager of kenya airways, while he was in the previous employment of another airline, had entered into possession. the suit was filed in 1978 and kenya airways filed its written statement in 1979. when the suit was taken up for hearing in december, 1994 a contention was raised by kenya airways ..... of the document, inter alia, to manage and exploit the transportation of model ships and other ships; organise and operate multi-model transportation; lease transportation ships; and, act as 'vessel agent, loading, discharging and transporting cargo.' the legal capital of vinashin ocean is 1,500 billion vietnamese dong. vsig has relied on paragraph 5 of .....

Peerless General Finance and Investment Co. Ltd. and anr. Vs. Reserve ...

Court : Kolkata

Reported in : [1996]85CompCas808(Cal)

..... thereof are the reproduction of the definition of the prize chit in section 2(e) of the prize chits and money circulation schemes (banning) act, 1978. the supreme court in reserve bank of india v. peeress general finance and investment co. ltd. [1987] 61 comp cas 663 ; air 1987 sc 1023, has expressly held that the business of peerless ..... shanti bhusan submitted that one of the objects of regulation of acceptance of deposits by the non-banking companies is framing of depositors form. he also referred to chapter 3 relating to evaluation of regulations governing acceptance of deposits by the non-banking companies and also paragraphs 3.1, 3.33 and 3.5 of the said report ..... for example contributions to provident funds or payments of other benefits to workers areneither taxes nor fees.293. even if the charge of employer's special contribution under chapter v-a is to be construed as a fee, it is justifiable on that basis also as there was sufficient quid pro quo. services and benefits are meant .....