Judgment Search Results Home > Cases Phrase: finance act 1978 section 19 amendment of section 155 Court: allahabad Page 1 of about 2,540 results (0.243 seconds)

A. H. Wheeler and Co. Private Ltd. Vs. Income-tax Officer, Allahabad.

Court : Allahabad

Reported in : [1964]51ITR92(All)

..... petition the vires of the provisions of schedule i, part ii, paragraph d of the finance acts of 1958-59 have not even been challenged. the challenge has been confined, and properly so, to the question whether the provisions of section 35 of the act could be said to be attracted in the facts and circumstances of this case. in ..... of the matter and the relevant provisions of the finance acts of 1958-59 being mandatory, the income-tax officer, under the provisions of section 35 of the act, had only done what he was obliged to do under the act. therefore, even if it could be said that the provisions of section 35 were wrongly invoked, i would not be justified ..... directed against the orders dated the 17th july, 1962, under section 35 of the income-tax act, 1922 (hereinafter referred to as the act), withdrawing the super-tax rebate under clause i (c) to the second proviso to paragraph d of part ii of the first schedule of the finance act of 1958.the material facts leading up this petition are these .....

A.H. Wheeler and Co. P. Ltd. Vs. Income-tax Officer, a Ward

Court : Allahabad

Reported in : [1973]88ITR231(All)

..... petition.4. the other contention is that the income-tax officer acted outside the scope of section 35 of the act inasmuch as there was no mistake apparent from the record. there was, it is said, a debatable question whether the finance act, 1958, and the finance act, 1959, warranted 'the reduction of super-tax rebate. it appears ..... that in the rectification proceedings before the income-tax officer it was contended that the relevant provisions of the two finance acts ..... no comparison whatever is possible between the two.5. this is a case where the income-tax officer omitted to apply the relevant provisions of the finance acts of 1958 and 1959, and we are satisfied that the omission constitutes a mistake apparent from the record. it has not been shown to us .....

income-tax Appellate Tribunal Vs. B. Hill and Co. (P.) Ltd.

Court : Allahabad

Reported in : (1982)29CTR(All)301; [1983]142ITR185(All)

..... of part i of the first schedule to the finance act, 1965, or that the assessee-company was an ' industrial company ' within the meaning of section 2(7)(d) of the finance act, 1966, and the finance (no. 2) act, 1967, or section 2(6)(d) of the finance act, 1968, or section 2(6) of the finance act, 1969, so as to be entitled to the ..... india. accordingly, the assessee was not entitled to the tax rebates under the relevant provisions of the finance acts. 34. learned counsel relied upon cit v. aspinwall & co. ltd. : [1975]98itr291(ker) and yercaud coffee curing works ltd. v. cit [1978] 111 itr 787 . in both these cases the question for consideration was whether a company in ..... in permitting the assessee to do so. 66. learned counsel for the revenue relied upon the supreme court decision in addl. cit v. gurjargravures (p.) ltd. : [1978]111itr1(sc) . there neither the claim was made before the ito nor was there any materialon record to support the claim. the supreme court held that the claim could .....

Ved Vyas Chawla Vs. the Income Tax Officer 'C' Ward and Anr.

Court : Allahabad

Reported in : AIR1965All37; [1965]57ITR749(All)

..... total income.' therefore, income chargeable under the head 'salaries' by implication will not be subjected to additional surcharge which came to be levied under the finance act of 1963 under section 2(a)(i) and (ii) for the first time. it is contended that this classification is discriminatory and violative of article 14 of the ..... impugned provision, the salaried class of persons has been excluded from the application of the provisions for the levy of surcharge. the relevant portion of section 2 sub-clause (2) of the finance act 1963, reads; '(2) in making any assessment for the assessment year commencing on the 1st day of april, 1963. (a) where ..... no such difficulty arises as the salaried class of employees, undoubtedly, is a well defined class and has been so treated for decades by the various finance acts. the finance act of 1963 deals equally with all persons within the salaried class. the classification is also reasonable as it is based upon a real and substantial distinction .....

Addl. Commissioner of Income-tax Vs. Farrukhabad Cold Storage (P.) Ltd ...

Court : Allahabad

Reported in : [1977]107ITR816(All)

..... to be put on the word 'industrial company' as defined in section 2(7)(d) of the finance acts of 1966 and 1967. the word 'industrial company' was defined in the finance act of 1966 and has been similarly defined in the finance act of 1967. section 2(7)(d) of the finance act runs as follows : '2. (7)(d).--industrial company means a ..... running the cold storage falls in the category of processing of goods and, as such, the assessee-company was an industrial company as defined in section 2(7)(d) of the finance acts. he, as such, directed the income-tax officer to treat the assessee-company as industrial company and levy tax accordingly. an appeal filed by ..... the circumstances of the case, the appellate tribunal was legally correct in holding that the assessee-company was an 'industrial company ' within the meaning of section 2(7)(d) of the finance acts of 1966 and 1967 and was, therefore, entitled to concessional rate of taxation ' 2. the reference relates to the financial years relevant to the .....

Allahabad District Co-operative Bank Ltd. Vs. Union of India (Uoi) and ...

Court : Allahabad

Reported in : [1972]83ITR895(All)

..... year at the rate or rates mentioned therein. it is in pursuance of this provision that the central legislature enacts finance acts from time to time. section 2 of the finance act of 1963, which is the relevant finance act for our purposes, provides for the charge of income-tax at the rates specified in part 1 of the first ..... surcharge. the income-tax officer, thereafter, issued a notice of demand for a sum of rs. 8,010.09 as additional surcharge computed under section 3 of the indian finance act, 1963. the petitioner complains thatthe notice of demand was not accompanied by the order of the income-tax officer, rectifying the earlier assessment order. ..... for the assessment year 1963-64.10. learned counsel for the petitioner argued that the additional surcharge payable under the finance act, 1963, is nothing but income-tax. according to section 81 of the income-tax act, 1961, the petitioner-society is exempt from payment of income-tax and as such the respondents have no jurisdiction to .....

Ms Md Overseas Limited Vs. Director General of Income Tax and Others

Court : Allahabad

..... a flat rate of tax at 60% was charged for the block period. changes by finance act 2003 (vi) the aforesaid procedure was again changed by the finance act 2003. now, the procedure for assessment in case of search is governed by sections 153a to 153c. these sections provide the assessment in case of search or requisition, time limit, as well as prior ..... 2011 bbl appendix-1 in case of search, pre and post finance act 1995 position regarding search, as stated by the counsel for the petitioner, is as follows: (i) a search is conducted under 132 of the it act. earlier, it could be done under section 37 of the income-tax act, 1922. irrespective of the date of search, even if search ..... no exemption for interest and penalty. (ix) the position of assessment in post finance act 1995 is as follows: (a)in case a search is valid then assessment for the block period under chapter xiv b or assessment for six previous assessment years under section 153a to 153c can be done; (b)if the search is invalid then .....

Doctors X-ray and Pathology Institute Ltd. Vs. Commissioner of Income- ...

Court : Allahabad

Reported in : [1961]42ITR185(All)

..... income in the year in question their lordships of the supreme court observed as follows :'the liability to tax is imposed not by the finance act but by the indian income-tax act. section 3 of the latter act is the charging section, and it provides that the tax should be collected at such rate or rates on the total income as laid down in any ..... central act. the finance act is an annual act prescribing the rate or rates. we are concerned with the finance act, 1951. section 2 of the finance act prescribes the rates of income-tax by its first schedule and by the seventh sub-section of that section provides :for the purposes of this section and of the rates of tax imposed thereby, the .....

thermal Contractors Asscn. Vs. Dir. Rajya Vidyut Utpadan Nigam Ltd.

Court : Allahabad

Reported in : (2006)205CTR(All)384; 2006[4]STR18

..... india for the said purpose, 'the said tax is on the service and not on the service provider'. it has further held that under section 68 of the finance act, 1994, as amended by the finance act 1997, read with rule 2(1)(d)(ix) of the service tax rules 1994. therefore, even though under the scheme of the service tax ..... 2. according to the petitioner, their members also entitled for reimbursement of the amount of service tax, which they have to pay under the provisions of section 67 and 68 of the finance act, 1994 read with rules 6 of the service tax rules, 1994.3. we have heard sri ravi kant, senior advocate assisted by sri govind krishna, ..... and learned standing counsel, who represents the respondents no. 3.4. sri ravi kant, learned senior counsel submitted that from the reading of various provisions of the finance act, 1994 relating to imposition of service tax and the rules framed thereunder, the members of the petitioner association are under the obligation to pay service tax to the union .....

Commissioner of Income-tax Vs. Malhotra Cold Storage and Fruit Industr ...

Court : Allahabad

Reported in : (1996)132CTR(All)345; [1996]219ITR131(All); [1996]86TAXMAN1(All)

..... the assessee had concealed the particulars of its income or furnished inaccurate particulars of its income for the purpose of clause (c) of section 271(1). 15. in view of the amendment made by the finance act, 1964, the case on hand will not be governed by the case of anwar ali : [1970]76itr696(sc) , but ..... any person. ... (c) has concealed the particulars of his income or deliberately furnished inaccurate particulars of such income. ...' 11. section 271(1)(c) of the act as originally indicated was to the same effect. by the finance act, 1964, however, the word 'deliberately' occurring in clause (c) was omitted and the explanation abovementioned was added. 12. the ..... false, it does not follow that the receipt constitutes his taxable income. 13. with a view to making the task of the revenue less difficult parliament by the finance act, 1964, omitted the word 'deliberately' in clause (c) and added the explanation. the explanation creates a presumption of law, which is no doubt rebuttable that .....