Judgment Search Results Home > Cases Phrase: finance act 1978 chapter iii direct taxes Court: delhi Page 22 of about 2,077 results (0.288 seconds)

Claridges Hotel Pvt. Ltd. Vs. Sales Tax Officer

Court : Delhi

Reported in : 125(2005)DLT445; 2005(85)DRJ580

..... to the residents of the hotel. extending the principle stated in associated hotels of india ltd.'s case, the supreme court held, on an interpretation of the bengal finance (sales tax ) act, 1941, as extended to delhi, that when a hotel serves food to a non-resident, it did not amount to a taxable sale. the rationale behind ..... in state of himachal pradesh v. associated hotels of india ltd., (1972) 29 stc 474 and northern india caterers (india) ltd. v. lt. governor of delhi, (1978) 42 stc 386 could now be taxed as a sale for purposes of sales tax legislation. he relied upon the provisions of section 6 of the constitution (forty-sixth amendment ..... (for short 'the act'). for the assessment year 1976-77, the respondent-assessing authority completed the assessment proceedings in terms of an order of assessment dated 14th july, 1980. relying upon the decision of the supreme court in northern india caterers (india) ltd. v. lt. governor of delhi, (1978) 42 stc 386, the assessing authority held that .....

Ferro Alloys Corporation Ltd. Vs. R.C. Mishra and ors.

Court : Delhi

Reported in : ILR1978Delhi735; [1978]114ITR753(Delhi)

..... passed from the petitioners who had exported the goods, earned the foreign exchange and received the proceeds in india in accordance with the foreign .exchange (regulation) act, even though through the instrumentality of the corporation, then the answer to the second question hardly presents any difficulty, because then it follows a' fortiori that ..... deemed, on the said date, to be refund due to such person under that chapter and the provisions of this act shall apply accordingly.'conflicting claims were made by the petitioners and the corporation for the grant of ..... or this act, existing on the date on which the certificate was produced before the income-tax officer and where the amount of such certificate exceeds such liability, or where there is no such liability, the excess or the whole of such amount, as the case may be, shall, notwithstanding anything contained in chapter xix, be .....

The Commissioner of Income-tax Delhi Ii Vs. the Punjab and Sind Bank L ...

Court : Delhi

Reported in : 2000VAD(Delhi)661; 86(2000)DLT438; 2000(54)DRJ370; [2000]244ITR393(Delhi)

..... doors and fire proofing and other decorative items, in their assessments to corporation tax they claimed that this expenditure qualified for capital allowance under section 41 of the finance act, 1971, as plant used in the carrying on of their respective trades. the special commissioners disallowed the claims in respect of shop fronts, floors and wall tiles ..... 188(raj.) (hl), the controversy was whether lighting and other apparatus installed in shop premises qualified as plant within the meaning of section 40 and 41 of the finance act. 1971. the revenue held it not to be plant. on the above decision being affirmed by the chancery division, the company appealed to the court of appeal. ..... explanationn to that section that income attributable to any one or more of the aforesaid activities included in its total income before it has not considered deduction under chapter vi-a, section 80a to 80u. a banking company cannot prima facie be held to be an industrial company. it is to be noted that the .....

Commissioner of Income Tax Vs. Shri Narender Anand

Court : Delhi

..... the tax paid by them. this was not intended by section 43b. hence, the first proviso was inserted in section 43b. the amendment which was made by the finance act of 1987 in section 43b by inserting, inter alia, the first proviso, was remedial in nature, designed to eliminate unintended consequences which may cause undue hardship to ..... the objective 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 ..... upon before the authorities below, since arguments were advanced before us based on the said provision."section 8080. submission of return for losses.--notwithstanding anything contained in this chapter, no loss which has not been determined in pursuance of a return filed within the time allowed under sub-section (1) of section 139 or within such .....

J. K. Synthetics Ltd. Vs. Income-tax Officer, Central Circle-xviii and ...

Court : Delhi

Reported in : ILR1988Delhi1

..... rs. 450 lakhs and paid a sum of rs. 93,12,500 as advance tax. this income was computed on the basis that section 115j of the act, which was inserted by the finance act, 1987, with effect from april 1, 1988, was applicable for payment of advance tax. however, the petitioner, on march, 11, 1988, i.e., ..... raised by the petitioner. without expressing any opinion whatsoever we shall, for the purpose of disposing this petition, presume that the provisions contained in section 115j of the act were attracted and in the revised estimate filed by the petitioner on march 11, 1988, the petitioner had underestimated its income. 9. mr. soli sorabjee, learned ..... be proper if we briefly notice the various relevant provisions contained in the income tax act relating to the payment of advance tax. these provisions appear in part 'c' of chapter xvii of the income tax act, 1961 (hereinafter referred to as 'the act'). section 20. provides that tax shall be payable in advance in accordance with the provisions .....

Delhi Cloth and General Mills Vs. Municipal Corporation of Delhi and o ...

Court : Delhi

Reported in : ILR1981Delhi846

..... court was whether there is any guidance in carrying out the duties imposed upon it under section 150 of the act. 'their lordships considering the constitution and set up of the municipal corporation, it need for finance to carry out the functions entrusted to it, its elective character, its responsibility to the electors the safeguards ..... been filed by the petitioners along with the petition. during the hearing of the case the corporation wanted to produce the entire budget-estimates for the year 1978-79 containing the recommendations made by the commissioner of the corporation, the resolutions of the standing committee and the budget estimates thereafter adopted by the corporation. ..... of the rates .of cesses, fees, fares and other charges livable under the act, or to adopf all or any of those methods. (3) chapter viii provides for the taxation. the taxes to be imposed by the corporation under the act are enumerated in section 113. sub-section i of section 113 requires the corporation .....

National Agricultural Co-operative Marketing Federation of India Ltd. ...

Court : Delhi

Reported in : [1981]130ITR928(Delhi)

..... provision to which we would like to refer is the provision contained in s. 244 (1a) which has also been extracted earlier. this is a new provision introduced by the finance act of 1975. it provides that where payments of tax are made by an assessed after march 31, 1975, he would be entitled to interest in respect of such payments to ..... , here again, we think we come across a snag. if one peruses chap. xvii-c dealing with advance tax payments - we say nothing about ss. a and b of the chapter with which we are not concerned - there is no provision which provides or involves the grant of refund except s. 219 and that section again refers to the point of ..... of the aac and this has to be accepted. we, thereforee, allow the writ petition, quash the orders of the ito, the aac and the commissioner dated march 8, 1978, may 15, 1978, and may 31, 1971, respectively, and direct the commissioner to allow the assessed interest on the basis of the claim made before him. 33. a word of explanationn before .....

Haryana State Lotteries, Iqbal Chand Khurana, M/S K and Co., M/S. Sunr ...

Court : Delhi

Reported in : 1998(46)DRJ397

..... the field.6. then comes h. anraj vs . government of tamil nadu : air1986sc63 (referred to hereinafter as anraj-ii.) tamil nadu general sales tax act 1959 and bengal finance ( sales tax ) act, 1941 were amended respectively w.e.f. jan 28,1984 and may 1,1984 so as to bring the lottery tickets within the purview of the ..... is no doctrine of desuetude in english law'.53. doctrine of desuetude has been exhaustively dealt with in sutherland's statutory construction, (5th edn), vol-2, in two chapters entitled 'abrogation of penal statutes by non-enforcement' and 'desuetude as the defense' (pp 558-660). we will briefly sum up the statement on the doctrine there from ..... or heavy, taxation statute is not rendered colourable, arbitrary or unreasonable. (raja jagan nath baksh singh v. state of u.p., : [1962]46itr169(sc) ), jagan nath v. uoi : 1978(2)elt304(sc) , ito shillong v. ntr rymbai air 1976 sc 670, m/s hoechest pharmaceutical v. state of bihar : [1985]154itr64(sc) , malwa bus servive pvt ltd v. .....

idco Dyes and Chemicals Pvt. Ltd. and anr. and Haryana Rang Udyog and ...

Court : Delhi

Reported in : (2003)180CTR(Del)212; [2003]259ITR600(Delhi)

..... the years 1948-49 to 1959-60. on september 20, 1977, the appellant applied to the commission for recalling that order making certain submissions. pending this application, the finance act, 1979, amended section 245d by inserting sub-section (1a), which enabled the settlement commission to reject the commissioner's application. thereafter, the matter was heard on june ..... in this case, submitted that merely because after the search income was revised but with request to spread income over the years, i.e., 1971-72 to 1978-79, that would not lead to the conclusion that there was deliberate concealment of income. he submitted that the settlement commission imposed penalty in relation to the ..... the application but it must be one relating to the case before it. it must be remembered that this chapter [xix-a] prescribes a procedure which is a departure from the normal procedure provided by the act. once an application is admitted--an application can be made only in respect of a pending case--the .....

Mahindra and Mahindra Ltd. and Others Vs. Union of India and Others

Court : Delhi

Reported in : [1983]53CompCas409(Delhi); (1983)36CTR(Del)153; ILR1983Delhi856; [1983]141ITR174(Delhi)

..... all adopted different criteria reflecting their needs and bias. for example : government of india, in its recent announcement of the scheme of merging sick units with healthy ones (finance act, 1977), has classified 'those units where the losses, past and present, have eroded 50 per cent of capital and reserves as sick'. industry : the federation of ..... of the specified authority. the specified authority, after considering the particulars furnished in the application under sub-s. (1) of s. 72a of the act to m & m dated may 3, 1978, and further correspondence and evidence produced in this behalf and after hearing m & m, recommended that the amalgamation of itci with m & m did ..... chadha, j. 1. section 72a of the income-tax act, 1961 (hereinafter called 'the act'), was inserted by the finance (no. 2) act, 1977, with effect from april 1, 1978. by this section, a provision is made to enable an amalgamated company to carry forward and set off the accumulated loss and unabsorbed depreciation .....