Court : Supreme Court of India
Reported in : AIR1977SC1653; [1977]107ITR916(SC); (1977)2SCC735; [1977]3SCR125; 1977(9)LC407(SC)
..... of fitness from the high court. 3. the indian income-tax act 1922 as originally enacted, did not contain the fasciculus of sections under chapter xxii providing for grant of tax credit certificates. this chapter comprising sections 280zc and 280 ze was inserted by the finance act 1965 with effect from 1st april 1965 with a view to providing ..... or merchandise for the purposes of section 280 zc; (i) any other matter which may be necessary or proper for the effective implementation of the provisions of this chapter or the scheme. (3) the central government may, by notification in the official gazette, add to, amend, very or rescind any scheme made under this section.5 ..... the official gazette, frame one or more scheme or schemes to be called tax credit certificate scheme or schemes in relation to tax credit certificates to be granted under this chapter. (2) a scheme framed under sub-section (1) may provide for: (a) the form and manner in which, and the authority to which, applications for .....
Tag this Judgment!Court : Kolkata
Reported in : [1977]109ITR557(Cal)
..... demand under section 156 and in case of default, take proceedings for recovery. for determining the income-tax payable on declaration of income contemplated under section 24 of the finance (no. 2) act, 1965, which is accepted unless thereis a proceeding under sub-section (4), there is no scope for any hearing of appeal. accordingly, the direction in the ..... considered and rejected by the tax recovery officer. it was held that the notice of demand under the income-tax act, 1961, for the assessment year 1965-66 and the notice of demand under the finance (no. 2) act of 1965 were in respect of separate and distinct liabilities and as such it could not be said that the latter ..... serve him a notice of demand under section 156 of the income-tax act, 1961, and provisions of chapter xv and chapter xvii-d of, and the second schedule and third schedule to, that act as far as may be apply as if the said sum was payable under that act. 9. the learned commissioner in his judgment under challenge has held .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1977P& H297; [1977]40STC370(P& H)
..... render such financial and technical assistance as may be necessary to the gram panchayat. it is to be one of the pivots of local self-government. chapter v, deals with finance and taxation, we are primarily concerned with sections 65, 66 and 67 which are as follows:--65. power of taxation. subject to the general ..... b and thereupon schedule b shall be deemed to 'be amended accordingly.' we have already extracted entry 37 of schedule b. chapter ii of the punjab panchayat samitis and zila parishads act provides for the constitution of panchayat samitis and the conduct of their business. section 3 declares that every panchayat samiti shall be ..... the legislature has, therefore, the undoubted competence to authorise the levy of & tax by a local authority. the punjab panchayat sami-tis and zila parishads act is an act which constitutes local authorities of self-government and authorises levy of taxes by the local authorities so constituted. while a legislature may not authorise the levy of .....
Tag this Judgment!Court : Gujarat
Reported in : [1980]122ITR341(Guj)
..... is, therefore, a part of the procedural law, it cannot still be applied to cases governed by section 271(1)(c) as it stood prior to its amendment by the finance act, 1964, because the procedural amendment was closely and inextricably linked up with the change simultaneously introduced in section 271(1)(c), viz., deletion of the word 'deliberately'. we do ..... income as returned by such person had been accepted as the correct income.' 8. then, there is the explanation to section 271(1)(c), which was introduced by the finance act, 1964, which at the material time read as follows:'explanation.--where the total income returned by any person is less than eighty per cent. of the total income (hereinafter ..... rs. 1,000, then, the ito was required to refer the case to the iac who was to have, for the purpose, all the powers conferred under the said chapter for the imposition of penalty.10. now, it is beyond the pale of controversy, having regard to the opening part of section 271(1), that it is the ito .....
Tag this Judgment!Court : Chennai
Reported in : [1989]179ITR179(Mad)
..... to the manufacturing activity carried on by it and, hence, the assessee could not be considered as an 'industrial company' as defined in section 2(6)(d) of the finance act 1968?'2. the assessee's main business, admittedly, is manufacturing activity as a result of which leather goods were processed. by virtue of the export of such goods in ..... the question is whether this amount can be said to be income of an 'industrial company' as defined in section 2(6)(d) of the finance act, 1968. section 2 (6)(d) of the said act is in these terms :''industrial company' means a company which is mainly engaged in the business of generation or distribution of electricity or any other form ..... 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.' 3. the total income of the assessee was rs. 7,90,756 inclusive .....
Tag this Judgment!Court : Kerala
Reported in : [1980]122ITR754(Ker)
..... annuity deposit required to be made by the assessee '3. chapter xxii-a dealing with annuity deposits was introduced in the i.t. act, by the provisions of the finance act, 1964, with effect from april 1, 1964. we may briefly notice the provisions of this chapter. section 280a provides that the provisions of the chapter shall apply to every person, whether an individual, a huf ..... hereby declared that any arrear of annuity deposit and any penalty imposed under this chapter shall be recoverable in the manner provided in chapter xvii-d for the recovery of arrears of tax.' 6. the provisions relating to annuity deposits go up to section 280x.7. by the finance act, 1966, the provisions of sections 280k, 280r and 280t omitted with effect from april .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1978(37)FLR280]; (1978)IILLJ399SC; (1978)4SCC16a; 1978(10)LC659(SC)
..... at p. 684-685) (scc p. 485, paras 197-199)rules and regulations of the oil and natural gas commission, life insurance corporation, industrial finance corporation have the force of law.the employees of these statutory bodies have a statutory status and they are entitled to a declaration of being in employment ..... the constitution of state electricity boards. chapter iv prescribes the powers and duties of state electricity boards, and chapter v the board's works and trading procedure. chapter vi deals with the board's finance, accounts and audit. chapter vii ..... of the act is to provide for the co-ordinated, efficient and economic development of electricity in india on a regional basis consistent with the needs of the entire region including semi-urban and rural areas. chapter ii of the act provides for the constitution of the central electricity authority and chapter iii for .....
Tag this Judgment!Court : Mumbai
Reported in : (1979)IILLJ258Bom
..... deduction, notwithstanding mr. setalvad's contention to the contrary. mr. setalvad relied on item 4 of schedule iii to the bombay industrial relations act, 1946 and s. 42 of that act. section 42 under chapter viii provides for notice of change. sub-sections (1) and (2) for effecting a change in respect of an industrial matter specified in ..... a particular time a representative-union, which is not only contrary to the act but is also manifestly unreasonable. this contention can easily be repelled. there is nothing in the impugned orders to support mr. setalvad's contention in the slightest. 31st august, 1978 6. mr. setalvad took recourse to s. 23 of the payment of wages ..... act. it provides that any contract or agreement, whether made before or after the commencement of the act, whereby an employed person relinquishes any right conferred by the act shall be null and void in so far as .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC321; (1979)1SCC137; [1979]1SCR845
..... not the municipal corporation, which fixed the rate; but the government did only what the corporation ought to have done. it acted for the purposes of the corporation's finances and functions and not to replenish its own coffers. in the municipal corporation of ahmedabad ctiy, gulabchand bapalal modi v. municipal corporation ..... 6) enables government to make other tax payments to municipal bodies. municipal borrowings require government sanction, municipal accounts shall be audited by government auditors. chapter xxii provides for further government control upto even supersession of the corporation itself. even the resolutions of corporations may be suspended by government and its ..... gest said :what they (the legislature) created by the passing of the transport acts could not reasonably be described as a new legislative power or separate legislative body armed with general legislative authority (see r. v. burah, 1978) 3 a.c. 889). nor did the queensland legislature 'create and endow' .....
Tag this Judgment!Court : Allahabad
Reported in : (1979)9CTR(All)169; [1979]116ITR811(All)
..... legally correct in holding that the assessee-company was an 'industrial company' within the meaning of section 2(7)(d) of the finance (no. 2) act, 1967 or section 2(6)(d) of the finance act, 1968, so as to be entitled to concessional rates of tax in the assessment year 1974-75 '3. the relevant and material ..... attributable to any one or more of theaforesaid activities included in its total income of the previous year (as computed before making any deduction under chapter via of the income-tax act) is not less than fifty-one per cent. of such total income.' 4. the assessee is undoubtedly a company engaged in the business of ..... manufacturing of carpets.6. in cambay electric supply industrial company ltd. v. cit : [1978]113itr84(sc) , the supreme court had occasion to consider the expression 'attributable to' occurring in section 80e (as it stood prior to its amendment by the finance (no. 2) act, 1967). the court had held hat the legislature had deliberately used the expression 'attributable .....
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