Judgment Search Results Home > Cases Phrase: finance act 1978 chapter iii direct taxes Court: kolkata Page 1 of about 825 results (0.109 seconds)

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 .....

Commissioner of Income-tax Vs. Mrs. Sunita Kumar

Court : Kolkata

Reported in : [1994]208ITR807(Cal)

..... race horses are of no aid since such decisions are concerned with the question in the context of the law that prevailed before the insertion of section 74a by the finance act, 1972, having effect from april 1, 1972. for example, in janab a. syed jalal sahib v. cit : [1960]39itr660(mad) , the assessee, besides carrying on the business ..... off against income, if any, from any source other than the activity of owning and maintaining race horses in that year and shall, subject to the other provisions of this chapter, be carried forward to the following assessment year and- (a) it shall be set off against the income, if any, from the activity of owning and maintaining race ..... suffered a loss in that year which has been duly determined by the income-tax officer to be carried forward to future years. similarly, in the assessment year 1978-79, the assessee sold horses and suffered a loss which has also been determined by the income tax officer for being carried forward. the expenses arising out of .....

The State Vs. Raghu Ram and anr.

Court : Kolkata

Reported in : AIR1964Cal445,1964CriLJ407

..... and mentions section 64 in its second paragraph. but the learned judge chunder, j., did not take into consideration section 53 which is the first section in chapter iii indian penal code dealing with 'punishments'. true effect of section 64 indian penal code and the question whether that section is governed by section 40 or ..... sub-divisional magistrate of asansol (sri a. k. chatterjee) he was empowered by distribution of work with effect from 14th september, 1962 to try motor vehicles act cases. mr. bagchi could not produce anything to show that this magistrate has been empowered under section 260 criminal procedure code to hold summary trials; nor that he was ..... to vitiate the trials and the orders of convictions and sentences were allowed to occur by violating clear provisions of criminal procedure code and also of m. v. act which i have discussed in detail above.26. it is also patent from the matters appearing on the record that all those illegalities and irregularities flowed from .....

Simplex Infrastructures Ltd. Vs. Commissioner of Service Tax, Kolkata

Court : Kolkata

..... or short payment of the service tax is by reason of fraud or collusion or wilful misstatement or suppression of facts or contravention of any of the provisions of chapter 1 of the finance act, 1994 or the rules made thereunder with intent to evade payment of service tax, by the person chargeable with the service tax. (53) in the instant case the ..... law. in this connection one may refer to the decision of the hon ble supreme court in the case of orient paper mills ltd.-vs.union of india reported in 1978 (2) elt j345. (75) in view of the aforesaid, it is not necessary for me to deal with the other grounds of challenge to the impugned show cause notice agitated ..... has been laid down by the hon ble supreme court in the case of j.steel-vs.-union of india reported in 1978 (2) elt j335 and also in the case of sanjana-vs.elphinestone spinning & weaving mills reported in 1978 (2) elt j399. (30) the petitioner is guilty of suppression of facts. in its reply dated 24th may, 2006, the petitioner .....

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 .....

Saturday Club Ltd. Vs. Asstt. Commr., Service Tax Cell

Court : Kolkata

Reported in : (2005)1CALLT575(HC),2005(180)ELT437(Cal),2006[3]STR305

..... year, 1998 praying inter alia declaration that the petitioner club is not a mandap keeper within the meaning of chapter v of the finance act 1994 as amended by the finance act, 1997 and is not liable to pay any service tax under the act along with various writs in the nature of mandamus, prohibition, certiorari with the incidental prayers virtually to restrain ..... service or different from its usual service to the members so that service tax can be imposed. he called upon the court to go through the relevant portions of the finance act, 1994. section 65 sub-section (19) gives the meaning of the word 'mandap' which means :'(19) 'mandap' means any immovable property as defined in section 3 ..... able to raise bill upon the user of the premises along with the service tax. therefore, i cannot hold it good that members' club is covered by the finance act, 1994 for imposition of service tax to use its space as 'mandap'. so far as the other point is concerned whether the ratio of the judgments can be .....

Sicpa India Pvt. Ltd. Vs. Union of India

Court : Kolkata

..... security printing inks is not registered in india and the same, therefore, prima facie will not be covered under section 65 (105) (zzr) of chapter v of the finance act, 1994. as such, prima facie, service tax liability will not be attracted to the transfer of the said technical know-how by the swiss company ..... also to stipulate condition as required to safeguard the interest of revenue. (14) i have considered the rival contentions of the parties. (15) under chapter v of the finance act, 1994, taxable service means service provided or to be provided to any person by the holder of intellectual property right, in relation to intellectual property ..... cestat. (7) the petitioner has drawn this court s attention to various provisions of chapter v of the finance act, 1994 and chapter va of the finance act, 2003 which deal with service tax. the relevant clauses are set out hereinbelow: s. 65. in this chapter, unless the context otherwise requires,- (55a) intellectual property right means any right to .....

Shaw Wallace and Co. Ltd. Vs. Assistant Commissioner of Income-tax and ...

Court : Kolkata

Reported in : (1999)154CTR(Cal)105,[1999]238ITR13(Cal)

..... 113 irrespective of the previous year. in my opinion, sub-section (2) of section 158ba has to be interpreted in this manner that whatever the finance act the undisclosed income as assessed under chapter xivb must be taxed at the rate mentioned in section 113 notwithstanding the different rates for the different years. there is a three-clause explanation added to ..... income is charged to tax at 60 per cent, irrespective of what rates or slabs the finance act of the corresponding opened up block years had provided at the material time.6. the above is a very rough and ready overall view of chapter xivb. it is necessary to have this overall view to see the facts of this case ..... of block assessment could not be made at all. it is possible that under the chapter xivb procedure the defaulting assessee would be a gainer in that 60 per cent. of rs. 1 lakh might be less than the taxation at the rate of the finance act applicable on rs. 1 lakh plus interest thereon.58. however, the matter is usally .....

W.C. Shaw Pvt. Ltd. Vs. A.C.i.T.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2005)93ITD535(Kol.)

..... order under section 250/254/263 or 264, we have to refer to the relevant provisions provided elsewhere in the it act. at this stage, it is pertinent to note that new chapter xiv-b containing section 158b to 158bh was introduced by the finance act'95 w.e.f.1-7-95 laying down special procedure for block assessment for search cases, where a ..... of an order under section 250 or 254 or 263 or 264 setting aside or which such order was received by the chief commissioner/commissioner to one year by the finance act'01 w.e.f.1-6-01, and as such the fresh assessment order in the present case should have been made before the expiry of 31.3.02. he ..... search is initiated under section 132 or books of account or other documents or any assets are requisitioned under section 132 on or after 1st july, 1995. the scope and effect of chapter xiv-b (containing section .....

F. S. Securities Ltd. Vs. Inland Revenue Commissioners.

Court : Kolkata

Reported in : [1965]58ITR756(Cal)

..... in section 257(2) of the act of 1952. i had better quote it in ful : 'in this section, and in the subsequent provisions of this chapter, investment company means a company the income whereof consists mainly of investment income, and ..... has now been codified in the income-tax act of 1952. (see chapter iii thereof, comprising sections 245 to 264 inclusive.) in this field, therefore, it is advantageous to be a trading company and disadvantageous, as a rule, to be an investment company.the legislature originally defined an 'investment company' by section 20 of the finance act, 1936. the like definition is now contained .....