Judgment Search Results Home > Cases Phrase: finance act 1978 chapter iii direct taxes Page 83 of about 15,464 results (0.077 seconds)

K. Moidu, Alias Kunhippa and K. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (2002)81ITD242(Coch.)

..... cent. it can thus be seen that in respect of the undisclosed income of the block period levy of tax is not as per the schedule to the finance act. in section 113 there is no provision to allow the basic exemption and to levy tax on the excess amount. the plea raised by the learned representative ..... , the assessee cannot be burdened with the excess amount in the absence of concrete proof showing more spending by the assessees than declared. while framing the assessment under chapter xiv-b. so also the estimated disallowance of agricultural income claimed by the assessees! it is only an estimation against estimation.14. for the reasons stated above, ..... learned am.4. the assessee in these cases are brothers. they are non-resident indians doing business in the sultanate of oman. they left india way back in 1978. they have been making substantial investments in kerala through purchase of land and construction of buildings, especially from 1986 and onwards. there was a big transaction in november .....

Mohd. Ali Khan (2) Sarswati Stores Vs. Cit and anr.

Court : Patna

..... the counter-affidavit reiterating the very same fact which has been asserted in the writ application. the scheme was introduced by the finance (no. 2) act, 1998, and the same is contained in chapter iv of the finance act and consists of sections 86 to 98 (both inclusive) as also a schedule. the scheme has been introduced by the ..... government for settling the tax arrears which remained unpaid due to litigation. in substance, the scheme is a recovery scheme and the object of the scheme was explained by the finance ..... additions made by the assessing authority were upheld. on 30-4-1998, the petitioner filed an application before the appellate tribunal under section 254(2) of the act for rectification of the mistake apparent from the record. while the said application was pending the petitioner filed an application on 31-1-1999, under the aforesaid scheme .....

The State of Maharashtra Vs. Iqbal Mohammed Memon and Others

Court : Mumbai

Reported in : 1999(5)BomCR752

..... the end of each financial year, to cause to be published in the official gazette a report giving an account of the activities financed under section 7-a.10. chapter v dealing with the 'procedure' contains provisions regarding the power to issue warrant and authorisation under section 41. section 42 deals ..... drugs and psychotropic substances consultative, committee. section 7 empowers the state government to appoint such officersas it thinks fit for the purposes of the act.9. under chapter ii-a dealing with national fund for control of drug abuse, the central government may constitute a fund called 'national fund' for control ..... , on information supplied byone tek chand dolwani to the additional custodian of evacueeproperty, the latter started proceedings under the bombay evacuees (administration of property] act, 1949 against one aboobaker.the additional custodian, after recording the statement ofaboobaker and examining the evidence produced by tek chanddolwani, held that the said aboobaker .....

All India State Bank Officers Federation and State Bank of India Offic ...

Court : Mumbai

Reported in : (2006)206CTR(Bom)562; [2007]288ITR614(Bom)

..... on his behalf that this reimbursement of the travelling expenses was not a perquisite within the meaning of the concept under paragraph 1(1) of schedule 2 to the finance act, 1956. this paragraph provided as follows:tax under case i, ii or iii shall, except as hereinafter mentioned, be chargeable on the full amount of the emoluments ..... the purposes of charge of income tax and computation of total income shall be classified under the following heads of income:(a) salaries (b) interest on securities (omitted by finance act, 1988 w.e.f. 1-4-1989)(c) income from house property (d) profits and gains of business or profession (e) capital gains (f) income from other ..... of the employees' provident funds and miscellaneous provisions act, 1952 (19 of 1952), to effect an assurance on the life of the assessee or to effect a contract for an annuity; and(vi) the value of any other fringe benefit or amenity excluding the fringe benefits chargeable to tax under chapter xii-h as may be prescribed. provided .....

Ross Murarka (India) P. Ltd. Vs. Appropriate Authority, S.K. Laul, Mem ...

Court : Mumbai

Reported in : [2009]315ITR41(Bom)

..... on april 17, 1985. the owner on april 24, 1985, made an application under chapter xx-a of the act in form no. 37ee for transfer of the flat in favour of respondent no. 3. the appropriate authority did not choose to take any steps under the said ..... either the petitioners would buy the said flat or it would be bought by one of its associate companies.5. ultimately, one of the petitioner's associate companies ross murarka finance ltd., respondent no. 3 (whose name is deleted from the array of respondent no. 3 today) paid the balance amount of rs. 40,00,000 to the owner ..... a.v. nirgude, j.1. this writ petition challenges the order dated february 26, 1993, passed by the appropriate authority under section 269ud(1) of the income-tax act, 1961 ('the act' for short).2. before the arguments could begin, learned counsel for the petitioners mr. pardiwalla stated that the petitioners would not proceed against respondent no. 3 and accepting this .....

S.B. Mamle Desai Vs. Controller of Estate Duty and ors.

Court : Karnataka

Reported in : [1985]155ITR667(KAR); [1985]155ITR667(Karn)

..... in directing the payment of the interest. as to what was done by the supreme court in elpro international limited v. joint secretary, government of india, ministry of finance : 1985(19)elt3(sc) , in exercise of its special jurisdiction under article 136 of constitutuion, in particular , having regard to the conditions imposed while granting special ..... kar) donse not also permit a court to re-write a section. as ruled by the court in polystar electronic (p.) limited. v. additional commissioner sales tax : [1978]3scr98 , it is not open to a court to legislate in the guise of interpretation. bearing these principles, it is now necessary to ascertain the true scope and ambit ..... . 29. when refunds are made in pursuance of an order of tribunal or the first appellate authority under the act, it is just and reasonable interest on such refunds as in the united states of america (vide chapter 13, pages 1262-1263 of world tax series-taxation in the united states published by harward law school, 1963 .....

Rajata Trust Vs. Chief Commissioner of Income-tax and Others

Court : Karnataka

Reported in : (1991)97CTR(Kar)97; ILR1991KAR2350; 1991(2)KarLJ612

..... was paid only to the transferor under section 269ug(1) read with sub-section (3). 9. chapter xx-c of the income-tax act which contains the provisions to which we have to bestow considerable attention came to be introduced by the finance act, 1986, with effect from october 1, 1986. in the definition under section 269ua, the important ..... relevant in view of clause 10.3, where it had been stipulated between the parties that, in the event of the schedule property being acquired under chapter xx-c of the act, the agreement shall be treated as cancelled and the appellant was to be authorised to receive the refund of advance directly from the appropriate authority. therefore ..... november 28, 1990, is 10.3. it reads as under : 'in the event of the schedule property being acquired under the provisions of chapter xx-c of the income-tax act, 1961, then this agreement shall be treated as cancelled without any of the aforementioned penal consequences and the vendors shall refund the entire advance to .....

M.V. Subrahmanyam and Others Vs. M.V.P.C. Sastry, Education Department ...

Court : Andhra Pradesh

Reported in : 2000(1)ALD563; 2000(1)ALT558

..... in indian aluminium's case (supra), it was a case where kerala state electricity board consequent on amendment made to the central excise and salt act, section 36 of finance act imposing central excise on kerala electricity become liable to pay excise duty. to replenish the additional financial burden, the government in exercise of the power ..... of the constitution today taking into account the accrued or acquired rights of the parties today. the government of gujarat brought an amendment to gujarat panchayats act, 1978 by which the secretaries, officers and servants of gram and nagar panchayats who were allocated to the panchayat service from the ranks of the ex-municipal ..... the defect pointed out by the court in the previous law by bringing appropriate changes in law provided it is not inconsistent with the provisions of the chapter hi of the constitution.14. the learned counsel for the petitioners submit that the ordinance was invalid and it has the nullifying effect of the judgment .....

Commissioner of Income-tax Vs. S. Samantasinghar and anr.

Court : Orissa

Reported in : [1988]173ITR425(Orissa)

..... tax, if any, which would have been avoided if the income as returned by such person had been accepted as the correct income. '8. this was substituted by the finance act, 1968, with effect from april 1, 1968, by the following clause :'(iii) in the cases referred to in clause (c), in addition to any tax payable by ..... but before i come to the decisions, let me first notice the changes made in the law from time to time.5. chapter xxi of the act deals with the ' imposable penalties '. section 271 of this chapter deals with various situations under which penalties can be imposed and reads as follows :' 271(1). if the income-tax officer or ..... the appellate assistant commissioner or the commissioner (appeals) in the course of any proceedings under this act, is satisfied that any person--...... (c) has concealed .....

Guruswamy and Co. Etc. Vs. State of Mysore and ors.

Court : Supreme Court of India

Reported in : [1967]1SCR548

..... has no substance. excise duty may be increased or decreased. this is to be found in almost all parts of the commonwealth. english examples are the finance acts of 1894 (57 & 58 vict. c. 30), 1900 (63 & 64 vict. c. 27). 1901 (i edw. vii c. 7), ..... 873,877,878. (2) [1962] sup. 2 s.c.r. 741,754,755. under the finance act, because if it did, then by s. 13(2) of the finance act the state law stood repealed. it was held that the amounts realized by the auctions were what would ..... tobacco revenue was in force in travancore cochin. after the coming into force of the constitution the finance act, 1950 (25 of 1950) extended the central excises and salt act, 1944 to travancore-cochin state. a question arose whether this levy on tobacco corresponded to the ..... or it may attach to an intermediate stage of the production process. this is also endorsed by findlay shirras science of public finance (1936) vol. ii chapter xxvh. it will thus appear that excise duty does not cease to be an excise (1) [1962] supp. 2 .....