Judgment Search Results Home > Cases Phrase: finance act 1978 chapter iii direct taxes Page 21 of about 15,464 results (0.070 seconds)

Assistant Commissioner of Income Vs. Yokogawa India Ltd.

Court : Income Tax Appellate Tribunal ITAT

Reported in : (2007)111TTJ(Bang.)548

..... of income referred to insertion 5, computed in the manner laid down in this act; (5) 'gross total income' means the total income computed in accordance with the provisions of this act, before making any deduction under this chapter; 11. section 10a inserted by finance act, 2000 w.e.f. 1st april, 2000 mentions the deduction of such profits ..... assessment year, its profits and gains had not been included by application of the provisions of this section as it stood immediately before its substitution by the finance act, 2000, the undertaking shall be entitled to deduction referred to in this sub-section only for the unexpired period of the aforesaid ten consecutive assessment years: ..... w.e.f. 1st april, 1981. at the time of its inception, section 10a excluded certain incomes from being charged to tax. section 10a was substituted by finance act, 2000 w.e.f. 1st april, 2001. in the substituted section, a deduction of the profits derived by the undertaking from the export of computer software is .....

PorcelaIn India (P.) Ltd. Vs. State of Assam and ors.

Court : Guwahati

..... the sale of its finished products if it had levied and collected sales tax is a requirement imposed by section 3b of the assam finance (sales tax) act, 1956 as inserted by chapter iii of act 1 of 1987. such a requirement is also a specific condition subject to which exemption has been granted by the notification dated 30.7 ..... is also subject to the conditions as may be specified in such notification. accordingly, the notification dated 30.7.1988 issued under section 3b of the assam finance (sales tax) act, 1956 has prescribed certain conditions which must be fulfilled before any assessee can claim the benefit of exemption. in the present case the petitioner was issued a ..... period 15th october, 1982 to 31st august, 1988 in terms of the notification dated 30.7.1988 issued under the provisions of section 3b of the assam finance (sales tax) act, 1950. insofar as the period after 1.8.1988 is concerned, the argument advanced is that the provisions contained in the notification dated 30.7.1988 .....

Commercial Corporation of India Ltd. Vs. Income-tax Officer and Others

Court : Mumbai

Reported in : [1993]201ITR348(Bom)

..... draw of lucky ticket. 3. the state governments and the union territories running lotteries are, therefore, requested to deduct tax at source at the rates prescribed by the annual finance act in respect of 'lotteries or crossword puzzles' from 'lucky dip' prizes by lottery agents. 4. this clarification may please be brought to the notice of all concerned under ..... concerned, it speaks of the totality of the income which not only accrues or arises, but includes also the income which is deemed to accrue or arise. 43. chapter iii relates to income which does not form part of the total income and section 10(3) clearly excludes any receipts which are of a casual and non-recurring ..... of the constitution. 20. the nearest case on locus in so far the present case is concerned is the decision in indian explosives ltd. v. commissioner, sales tax [1978] 41 stc 315 . the question was whether, in the matter of inter-state sale on supply of naphtha through pipelines from bihar to u. p., the purchaser from .....

Commissioner of Income Tax Vs. Khoday Industries Ltd.

Court : Karnataka

Reported in : [2006]285ITR523(KAR); [2006]285ITR523(Karn)

..... cent.5. in order to appreciate the rival contentions, it is necessary to have a look at the relevant provision as provided under section 8(c), finance act, 1984, and the finance act, 1985, which reads as follows:8(c)-'industrial company' means a company which is mainly engaged in the business of generation or distribution of electricity or ..... computed before making any deduction under chapter via of the it act) is not less than fifty one per cent, of such total income;.6. in view of the controversy that arose with regard to the definition of an 'industrial company' and the explanation appended to the said provision, earlier also, under the finance act of 1966, the board issued a ..... the assessee preferred an appeal before the tribunal. the tribunal after taking note of the decision of the kerala high court jn the case of cochin & co. v. cit : [1978]114itr822(ker) and also the decision of the allahabad high court in the case of addl. cit v. abbas wajir (p) ltd. : [1979]116itr811(all) found that .....

National Federation of Insurance Field Workers of India and anr. Vs. U ...

Court : Uttaranchal

Reported in : (2004)187CTR(Uttranchal)180; [2004]265ITR84(Uttaranchal)

..... 40a was also amended so as to put a ceiling on allowable deduction claimed by the employers for giving interest free loan/concessional loan to employees. however, by the finance act, 1985, taxing of interest free loan/concessional loan as perquisites was deleted. that clause (vi) of section 17(2)(vi) was deleted. however, there was no deletion ..... direct taxes under section 17(2)(vi) read with section 295(2)(c). in this regard, it was further argued that section 192 of the income-tax act falls in chapter xvii, which deals with collection and recovery of taxes. according to learned counsel, every employer is responsible for deducting tax at source from salary income and, on ..... noted that under section 295(1) the central board of direct taxes is empowered to make rules to carry out the purposes of the act. further sections 15, 16 and 17 all fall under chapter iv, which deals with computation of total income. under section 14, all incomes have to be classified under various heads to charge and .....

Asgar S. Patel and ors. Vs. Union of India and ors.

Court : Supreme Court of India

Reported in : (2000)160CTR(SC)307

..... the scheme as to purchase by central government of immovable properties in certain cases of transfer as is envisaged by chapter xx-c of the income-tax act, 1971 came to be introduced by the finance act, 1986 in place of earlier chapter xx-a and applies to transactions effected after 1st october, 1986. once the appropriate authority has, after the ..... of the agreement for transfer referred to in sub- section (1) of section 269 uc. section 269 ue, as it originally stood prior to its amendment by the finance act, 1993 with effect from 17.11.1992, provided for the vesting in the central government of such immovable property free from all encumbrances. in c.b. gautam v. ..... purchase money. it can be lost on wrongful refusal to accept delivery of property. as held in saidun nessa hoque & ors. v. calcutta vyapar pratisthan ltd. air 1978 cal.285, with which we find ourselves in agreement, a charge under section 55(6)(b) may not be created if the parties expressly stipulate that the purchase money .....

Continental Construction Ltd. Vs. Commissioner of Income-tax

Court : Delhi

Reported in : [1990]69CompCas268(Delhi); (1990)85CTR(Del)116; [1990]185ITR178(Delhi)

..... relief on the profits derived by them from foreign contracts. in the bill as presented to parliament the section contained only four sub-sections. thereafter, while passing the finance act, 1982, sub-section (5) was also inserted and with effect from april 1, 1983, section 80hhb was enacted. the said section 80hhb as enacted is as ..... section being reckoned from the end of the previous year in which the money was so utilised. (5) notwithstanding anything contained in any other provision of this chapter under the heading 'deductions in respect of certain incomes,' no part of the consideration payable to the assessed for the execution of a foreign project referred to clause ..... molasses co. p. ltd. : [1989]176itr473(cal) , where it was held, following the decision of the gujarat high court in tarun commercial mills' case : [1978]113itr745(guj) , that a director of a company will be governed by the provisions of section 40(c), while other employees would be governed by the provision of section .....

Jattu Ram Surendra Kumar and ors. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : (2005)196CTR(Raj)68; 2005WLC(Raj)UC438

..... to an offence of the year 1982-83 cannot be continued. this view has been taken by the apex court in the case of general finance co. 2002 (7) scc 1.5. in view of the aforesaid, we allow this special appeal and set aside the judgment of the ..... to pay to the credit of the central government, the tax deducted at source by him as required by or under the provisions of chapter xvii-b he shall be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend ..... manner required by sub-section (1) of section 139 or by such notice as the case may be, or'the direct tax laws (amendment) act, 1989, omitted the aforesaid provision w.e.f. 1st april, 1989. it is significant to notice that the omission of a provision results into ..... on record as annexs. 13, 14 and 15, all dt. 27th march, 1991. an amendment was introduced to section 276b of the act of 1961 which came into force on 1st april, 1989. section 276b as it was prior to 1st april, 1989, reads as under:' .....

Centre for Development of Imaging Technology(C-dit) Vs. the Commission ...

Court : Kerala

..... 00,00,000/- while considering the application for waiver of pre-deposit. prima facie the matter regarding limitation to issue demand notice as contemplated under section 73 of the finance act came up for consideration and at paragraph 6 of the order of the tribunal, without discussing anything with reference to the date of demand notice and the provisions of section ..... refunded by reason of- (a) fraud or (b) collusion or (c) willful mis-statement or (d) suppression of facts or (e) contravention of any of the provisions of this chapter or (f) of the rules made there under with intend to evade the payment of service tax cea.8/13 3 by the person chargeable with service tax or his ..... this aspect of the matter in the impugned order.4. accordingly, we set aside the order dated 19.8.2013 directing the tribunal to consider section 73 of the finance act with reference to the date of demand and other relevant facts so cea.8/13 4 far as the present case is concerned and then proceed with the conditional .....

R (on the application of Davies and another) (Appellants) Vs. the Comm ...

Court : UK Supreme Court

..... to that reference. there is here, however, a minor paradox, since the october 1992 version contains a contrary reference, reflecting the law as it was prior to the finance act 1993 which introduced section 336(3) into icta 1988 for the tax year 1993-94 (para 74 above). mr gaines-cooper had property available for his use in the ..... of profits and income encouraged in 1955 (para 84 above). the aim and function of ir20 in this respect is demonstrated by consideration of the further conditions of chapter 2. in addition to the requirements already discussed, a taxpayer seeking to take advantage of paragraphs 2.7 to 2.9 must satisfy two conditions relating to duration ..... to reside here. nicholls j dismissed the revenue's appeal against the ruling of the commissioners that he had not been resident nor ordinarily resident in the uk in 1978-79. he rejected each of the revenue's alternative arguments that (a) on the primary facts found by the commissioners mr clark had been so resident and ordinarily .....