Court : Kolkata
Reported in : [1994]207ITR130(Cal)
..... , on or after the 1st day of april, 1958. (vijay mathur),director (tpl-ii).ministry of financedepartment of revenue.' 9. the aforesaid two notifications were followed by the finance act, 1989, section 26 of which provided-'26. notwithstanding anything contained in the notification of the government of india in the ministry of home affairs, no. s. o. 1028( ..... force of that provision in the area where it has been brought into force :yearno.short title(1)(2)(3)196143income-tax act, 1961195727wealth-tax act, 1957195818gift-tax act, 1958(3) the provisions of chapter xvii of the income-tax act shall be made applicable with immediate effect. (4) in the case of all assessees liable to advance tax of current ..... , to the state of sikkim from the date which was to be notified by the central government. the provisions of chapter xvii of the income-tax act which related to payment of advance tax on current income of the previous year relevant to the assessment year 1989-90 were made applicable to the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC2329; 1993(66)ELT47(SC); JT1993(3)SC194; 1993(2)SCALE342; (1993)2SCC662; [1993]2SCR788
..... clear that the state government has the power to acquire land either for the execution of the schemes framed by the trust under chapter v of the act or for any other public purpose under the act. no fault can be found with the procedure followed by the state government in this case. the notification issued by the ..... any material change in any building or land or making provision for any amenity in, on, over or under any building or land and includes re-improvement; chapter ii deals with the preparation of master plan. the state government finally approves the master plan which comes into operation from the date of its publication in ..... or published for and on behalf of it by any officer subordinate to it, so authorised.6. chapters viii to xii deal with finance, general provisions as to improvement, rules and regulations, procedure and penalties and supplemental provisions. section 72 in chapter ix which is relevant is reproduced hereunder:72. restriction on improvement in urban areas. - (1) .....
Tag this Judgment!Court : Mumbai
Reported in : (1993)122CTR(Bom)201; [1993]205ITR569(Bom)
..... way of dividend'. further, in the reported case, the court has considered the first part of the explanation inserted in rule 1 of the first schedule to the surtax act, by the finance act, 1981, which was made applicable from april 1, 1981, that is from the assessment year 1981-82 while, in the present reference, we are concerned with the second ..... , could not be invoked for the purpose of reducing the capital base proportionately having regard to the deductions the assessee-company had obtained in terms of chapter vi-a of the income-tax act in the computation of its total income ?(2) whether, on the facts and in the circumstances of the case, the tribunal was right in law in ..... the total income under that clause shall be only the amount of such income or profits and gains as computed in accordance with the provisions of the income-tax act (except chapter vi-a thereof), and in a case where any deduction is required to be allowed in respect of any such income or profits and gains under the said .....
Tag this Judgment!Court : Mumbai
Reported in : [1994]205ITR569(Bom)
..... way of dividend'. further, in the reported case, the court has considered the first part of the explanation inserted in rule 1 of the first schedule to the surtax act, by the finance act, 1981, which was made applicable from april 1, 1981, that is from the assessment year 1981-82 while, in the present reference, we are concerned with the second ..... , could not be invoked for the purpose of reducing the capital base proportionately having regard to the deductions the assessee-company had obtained in terms of chapter vi-a of the income-tax act in the computation of its total income (2) whether, on the facts and in the circumstances of the case, the tribunal was right in law in ..... the total income under that clause shall be only the amount of such income or profits and gains as computed in accordance with the provisions of the income-tax act (except chapter vi-a thereof), and in a case where any deduction is required to be allowed in respect of any such income or profits and gains under the said .....
Tag this Judgment!Court : Mumbai
Reported in : (1993)114CTR(Bom)344; [1993]204ITR674(Bom)
..... particulars of such income for the purposes of clause (c) of this sub-section.' 12. it may be mentioned that the above explanation was inserted by the finance act, 1964, with effect from april 1, 1964, and it continued in the same form till march 31, 1976, when it was substituted by four new explanations ..... thousand rupees, the income-tax officer shall refer the case to the inspecting assistant commissioner who shall, for the purpose, have all the powers conferred under this chapter for the imposition of penalty.' 14. counsel for the revenue submits that having arrived at a definite finding that the explanation offered by the assessee was false, ..... to that effect in both the assessment orders and referred the case to the inspecting assistant commissioner ('the iac') as required under section 274(2) of the act. the inspecting assistant commissioner, after allowing the assessee opportunity of being heard and on a consideration of the explanation submitted by him, held that he was satisfied .....
Tag this Judgment!Court : Orissa
Reported in : 76(1993)CLT218; 1993CriLJ3604; 1993(I)OLR545
..... various duties attached to the office of the mla , as would appear from chapter iii of part vi of the constitution the same being, making of laws, acting conjointly to effectively control the activities of the executive, approval of the finance bill, etc. indeed, no doubt can be entertained in this regard in view ..... association v. state of bombay : (1961)iillj663sc . in the first case, the court was examining the question whether section 77 of the hyderabad district municipalities act, which has conferred express power in negative language on the municipal committee to transfer immovable property, impliedly prohibited transfer of the property. it was held in ..... of mlas is supervised, directed and controlled by the provisions contained in arts. 324 to 329 of the constitution and the provisions of the representation of people act, 1951, which brings home the distinction between 'office' and 'holder of the office'.9. the aforesaid submission appears to be unassailable, we would, therefore .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2561; (1993)114CTR(SC)459; [1993]203ITR1027(SC); JT1993(4)SC448; (1993)4SCC102; [1993]Supp1SCR993
..... of the said amount as can be called total income attributable to activities defined in clause (5) of section 80b. section 80ab introduced into the i.t. act by the finance (no. 2) act, 1980, with effect from april 1, 1981, was adverted to by his lordship to buttress the view so taken, in that it read:where any deduction is ..... for the purpose of computing the deduction under that section, the amount of income of that nature as computed in accordance with the provisions of this act (before making any deduction under this chapter) shall alone be deemed to be the amount of income of that nature which is derived or received by the assessee and which is included in ..... required to be made or allowed under any section (except section 80m) included in this chapter under the heading 'c. deductions in respect of certain incomes'. in respect .....
Tag this Judgment!Court : Kerala
Reported in : [1994]207ITR319(Ker)
..... : -- (a) in the case of a co-operative society engaged in-- .... (iii) the marketing of the agricultural produce of its members; or . ...' 10. the explanatory note on the finance (no. 2) act of 1967, as could be gleaned from circular no. 5(p) of the central board of direct taxes dated october 9, 1967, is to the effect that section 81 ..... supplies made by primary societies or service societies which were not members of the assessee-society. in further appeal, the appellate tribunal, following its earlier order for the assessment year 1978-79 in i. t. a. no. 668/(coch.) of 1983 dated november 28, 1986, held that the assessee will be entitled to exemption under section 80p(2)(a)( ..... co-operative societies are to be replaced by the provisions in section 80p in the new chapter vi-a of the act with effect from april 1, 1968, i.e., for and from the assessment year 1968-69. under the new section 80p of the act, co-operative societies will be entitled to a deduction, in the computation of their total .....
Tag this Judgment!Court : Kolkata
Reported in : [1994]209ITR298(Cal)
..... different qualities and blending the same by mixing one type with another, claimed that it was an industrial company within the meaning of section 2(7)(c) of the finance act, 1978, and was entitled to concessional rate of tax. this court held that the assessee was an industrial company entitled to this benefit. there, this court considered in ..... processing of goods and accordingly, the court held that the sky room private limited was an industrial company within the meaning of section 2(7)(c) of the finance act, 1978. there the court held that the word 'processing' is broad enough to take in the activity of purchasing of goods and rendering them edible and selling them to ..... income attributable to any one or more of the aforesaid activities included 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.' 5. mr. poddar also drew our attention to circular no. 103 (see .....
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