Judgment Search Results Home > Cases Phrase: finance act 1981 section 21 amendment of section 269g Court: supreme court of india Page 1 of about 301 results (0.096 seconds)

Dlf Universal Ltd. Vs. Appropriate Authority and Another

Court : Supreme Court of India

Reported in : 2000(3)CTC487; 85(2000)DLT367(SC); [2000]243ITR730(SC); JT2000(5)SC469; 2000(4)SCALE351; (2000)5SCC552

..... the objects and reasons of the bill which was enacted as finance act, 1995, also do not give an indication that by inserting sub-section (4) in section 269uc parliament intended to confer a power on the appropriate authority to go into the legality or ..... , which approved the decision of the delhi high court as follows:sub-section (4) was inserted in section 269uc by the finance act, 1995, with effect from july 1, 1995. ..... sub-section (4) of section 269uc was inserted by finance act, 1995 ..... of sections 269u to 269uo was inserted in the act by the finance act, 1986 ..... after reply was received the appropriate authority by order dated december 11, 1995 held that in view of the provisions of section 6 of the tamil nadu urban land ceiling act the agreement dated september 7, 1995 to transfer entire land including the excess vacant land shall be deemed to be null and void and in that view of the matter appropriate authority could ..... appeals is directed against the judgment dated december 1, 1998 of the division bench of the delhi high court interpreting section 269uc of the income tax act, 1961 (for short, the 'act') and rule 48l and form 37-i of the income tax rules, 1962 (for short, the 'rules')2. ..... no thought was given to amend clause (c) of sub-rule (2) of rule 48l while inserting sub-section (4) of section 269uc of the act. ..... income-tax officer : [1981]131itr597(sc) where the following passage was quoted with approval:the court observed that the task of interpretation of a statutory enactment is .....

Dlf Universal Ltd. Vs. Appropriate Authority and anr. Etc.

Court : Supreme Court of India

Reported in : (2000)160CTR(SC)401

..... the objects and reasons of the bill which was enacted as finance act, 1995, also do not give an indication that by inserting sub-section (4) in section 269uc parliament intended to confer a power on the appropriate authority to go into the legality ..... consisting of sections 269u to 269uo was inserted in the act by the finance act, 1986 with ..... sub-section (4) of section 269uc was inserted by finance act, ..... 12 appeals is directed against the judgment dated 1-12-1998 of the division bench of the delhi high court interpreting section 269uc of the income tax act, 1961 (hereinafter referred to as 'the act') and rule 48l and form 37i of the income tax rules, 1962 (hereinafter referred to as 'the 'rules ..... pertains to immovable property and amounts to transfer of immovable property within the meaning of clauses (d) and (f) of section 269ua high court, after examining the terms of the agreement and the provisions of chapter xx-c, reached various findings in paragraph 28 of the judgment, which we reproduce: 'to sum up, our findings are: -(i) agreement for transfer as defined in clause (a) of section 269 ua refers to an agreement which is entered into privately between the parties thereto; such an agreement may ..... thought was given to amend clause (c) of sub-rule (2) of rule 48l while inserting sub-section (4) of section 269uc of the act. ..... income tax officer : [1981]131itr597(sc) where the following passage was quoted with approval:'the court observed that the task of interpretation of a statutory .....

Larsen and Toubro Ltd., Mumbai Vs. State of Bihar and ors.

Court : Supreme Court of India

Reported in : 2003(3)BLJR2228

..... the petitioners, the taxable turnover was determined strictly in accordance with rule 13a of the bihar finance act, 1981 read with section 13 of the bihar sales tax rules, 1983 ('the rules' for short).5. ..... .' (emphasis supplied) further we find at page 549 the phrase 'as may be prescribed' has been indicated to mean as follows:'the phrase 'as may be prescribed' in constitutional amendment authorizing certain cities to adopt or amend their charters, subject to such limitations as may be prescribed by legislature means that future legislation, as well as that existing when city first takes out or emends charter may limit its action ..... the supreme court after appreciating the rival contentions observed that in view of the legal fiction introduced by the amendment, a single contract would become divisible one and to give the value of the goods involved in the execution of a works contract on which taxis leviable must excluded the ..... the supreme court observed as under: 'keeping in view the legal fiction introduced by the forty-sixth amendment whereby the works contract which was entire and indivisible has been altered into a contract which is divisible into one for sale of goods and other ..... deductions are to be given or extended in favour of the works contractor.the supreme court in the present matter referred to the historic background leading to the enactment of 46th amendment and also referred to the judgment of the supreme court in the matter of builders association of india (supra). .....

Mafatlal Industries Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : 2002(83)ECC85; 1997(89)ELT247(SC); JT1996(11)SC283; 1996(9)SCALE457; (1997)5SCC536; [1996]Supp10SCR585; [1998]111STC467(SC)

..... .27. these amendment were statutorily given retroactive character by section 62(5) of the finance statutes amendment act, ..... :provided that where an application for refund has been made before the commencement of the central excises and customs laws (amendment) act, 1991, such application shall be deemed to have been made under this sub-section as amended by the said act and the same shall be dealt with in accordance with the provisions of sub-section (2) substituted by that act; provided further that the limitation of six months shall not apply where any duty has been paid ..... :provided that where an application for refund has been made before the commencement of the central excises and customs laws (amendment) act, 1991, such application shall be deemed to have been made under this sub-section as amended by the said act and the same shall be dealt with in accordance with the provisions of sub-section (2) substituted by that act:provided further that the limitation of six months shall not apply where any duty has been paid ..... that where an application for refund has been made before the commencement of the central excises and customs laws (amendment) act, 1991, such application shall be deemed to have been made under this sub-section as amended by the said act and the same shall be dealt with in accordance with the provisions of sub-section (2) substituted by that act:provided further that the limitation of six months shall not apply where any duty has been paid under .....

Belapur Sugar and Allied Industries Ltd Vs. Collector of Central Excis ...

Court : Supreme Court of India

Reported in : AIR1999SC1692; 1999(108)ELT9(SC); JT1999(3)SC237; 1999(2)SCALE659; (1999)4SCC103; [1999]2SCR635

..... this notification is issued under sub-rule (1) of rule 8 of the central excise rules 1944 as it stood then read with sub-section (4) of clause 50 of the finance bill 1982 under the provisional collection of taxes act, 1981.table (1) description of sugar: sugar produced in a factory during the period commencing on the 1st day of may, 1982 and ending with the 30th day of september, 1982, which is in excess of the average production of the corresponding ..... the short question raised in this appeal is, whether the excess production sugar by the appellant during the designated period commencing on 1st may, 1982 but before the date of issue of the amending notification 193 of 19c2 dated 11th june, 1982 was entitled to duty reduction in terms of the notification 132 of 1982 dated 21st april, 1982 as substituted by notification 193.2. ..... 132 subsequent amendment was brought by the notification no. ..... next submission for the revenue is that atleast those assessees who have cleared and paid the excise duty, as the appellant has done, it cannot claim benefit under the amended notification. ..... unless there is anything to the contrary in the act, rules or notification, if there be two possible interpretation, it is that interpretation which subserve the object and purpose should be accepted. ..... it is also not in dispute during this period the assessee paid the duty in terms of section 3. .....

Rambai Manjanath Nayak and Others Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1993SC342; (1992)108CTR(SC)294; (1993)1GLR183; [1993]201ITR422(SC); 1992(3)SCALE166; (1992)4SCC742; [1992]Supp3SCR56

..... chapter, as originally enacted, by income-tax (amendment) act, 1981, section 269ab was inserted with effect from 1st july, 1982 and section 269rr was inserted by finance act, 1986 with effect from 1st october, 1986.9 ..... days of the date of the service of the notice.xxx xxx xxx xxx(2) if any person refuses or fails to comply with the notice under sub-section (1), the competent authority or other person duly authorised by the competent authority under that sub-section may take possession of the immovable property and may, for that purpose, use such force as may be necessary.xxx xxx xxx xxx(4) when the possession ..... of the immovable property is surrendered or delivered under sub-section (1) to the competent authority or a person duly authorised by him in that behalf or, as the case may be, when the possession thereof is taken under sub-section (2) or sub-section (3) by such authority or person, the property shall vest absolutely in the central government free from all encumbrances :provided that nothing in ..... the high court is provided by section 269h, at the instance of the commissioner or any person aggrieved by the order of the appellate tribunal made under section 269g. ..... section 269g provides an appeal before the appellate tribunal against the order for acquisition of any immovable property which is required to be decided after giving ..... the appellate tribunal is provided by section 269g which has to be decided on .....

Nikesh Tarachand Shah Vs. Union of India

Court : Supreme Court of India

..... certain other 48 amendments were made, by the finance act of 2016, to the 2002 act with which we are not directly concerned.24. ..... by the finance act of 2015, by section 145, the limit of rs.30 lakhs in section 2(y) was raised to rs.1 crore and in the schedule after part a, part b was populated with only one entry, namely section 132 of the customs act. ..... labour (prohibition and regulation) act 1986, transplantation of human organs act 1994, juvenile justice (care and protection of children) act 2000, emigration act 1983, passports act 1967, foreigners act 1946, copyright act 1957, trademarks act 1999, information technology act 47 2000, biological diversity act 2002, protection of plant and farmers rights act 2001, environmental protection act 1986, water (prevention and control of pollution act) 1974, air (prevention and control of pollution act) 1981 and suppression of unlawful acts against safety of maritime navigation and ..... the recommendations of the standing committee accepted by the central government are that (a) the expressions banking company and person may be defined; (b) in part i of the schedule under indian penal code the word offence under section 477a relating to falsification of accounts should be omitted; (c) knowingly be inserted in clause 3(b) relating to the definition of money-laundering; (d) the banking companies, financial institutions and intermediaries should be furnish information of transactions to the director instead of commissioner of the .....

M/S. Vijay Industries Vs. Commissioner of Income Tax

Court : Supreme Court of India

..... to be the amount of income of that nature which is derived or received by the assessee and which is included in his gross total income.14) her submission is that though section 80ab came to be inserted by the finance (no.2) act, 1980 with effect from 01.04.1981, it is clarificatory in nature. ..... .20) we are unable to subscribe to the contention of the learned senior counsel for the revenue that section 80ab, which was inserted by finance (no.2) act, 1980 with effect from 1st april, 1981 is clarificatory in nature. ..... parliament, by section 12 of finance (no.2) act, 1980, introduced in the income tax act, 1961, section 80-aa with retrospective effect from april 1, 1968, that is, the date when section 80-m was originally enacted, providing that the deduction required to be allowed under section 80-m in respect of inter-corporate dividends shall be computed with reference to the income by way of such dividends as computed in accordance with the provisions of this act (before making any deduction under this chapter) and not with reference ..... matters have come up before this bench.6) in order to appreciate the controversy, we would have to go through certain provisions of the act in order to understand broadly the scheme of taxation on the income of assessees.7) section 4 of the act is a charging section which makes total income of the previous year of every person chargeable to tax at the rates which may be specified from time to ..... with prospective effect as the very amendment act says so. .....

Commissioner of Income-tax, Kerala Vs. K. Srinivasan

Court : Supreme Court of India

Reported in : AIR1972SC491; [1972]83ITR346(SC); (1972)4SCC526; [1972]2SCR309

..... on a reference being sought the following question of law was referred to the high court :-whether the words 'income tax' in the finance act of 1964 in sub-section (2)(a) and sub-section (2)(b) of section 2 would include surcharge and additional surchargethe high court answered the question in the negative and m favour of the assessee.3. ..... although under the act section 4 is the charging section income tax can be charged only where the central act which, in the present case, will be the finance act enacts that income shall be charged for any assessment year at the rate or rates specified therein. ..... section 2 of the finance act 1971 is to the effect that the provisions of section 2 and of the first schedule to the finance act 1970 shall apply in relation to income tax for the assessment year or as the case may be the financial year commencing on the first day of april 1971 as they apply in relation to income tax for the assessment year commencing on first day of april 1970 with certain modifications set out in the section. ..... section 3(1) of that act read :subject to the provisions of this section the rates of income tax and rates of super tax...imposed by sub-section (1) of section 7 of the indian finance act 1940 shall, in respect of the year beginning on the first day of april 1940 be increased by a surcharge for the purpose of the central government....similar phraseology was employed in respect of surcharge on super tax. .....

State of West Bengal Vs. Calcutta Club Limited

Court : Supreme Court of India

..... section 65(25a), section 65(105) (zzze) and section 66 of the finance (no.2) act, 1994 as incorporated/ amended by the finance 60 act ..... any of the preceding sub-clauses; 66. under section 65b(44), service was defined as follows: (44) ..... act ..... purchasing goods in west bengal or any person making sales under section 15, and includes (a)an occupier of a jute-mill or ..... sales tax act, 1956 (may ..... ..... purposes of section 48, the fair market value of the asset on ..... act or abstinence or promise is called a ..... not come into force, or whose gross turnover during a year first exceeds the taxable quantum as applicable to him under the bengal finance (sales tax) act ..... finance act, 1994 (hereinafter referred to as the finance act ..... , 1941, on the day immediately preceding the appointed day, (b)every dealer registered under the west bengal sales tax act, 1954 (west bengal act iv of 1954), who is in possession of a registration certificate under that act ..... act, with effect from the appointed day (a) every dealer (i) who has been liable immediately before the appointed day to pay tax under section 4 or section 8 of the bengal finance (sales tax) act, 1941 (bengal act vi of 1941), and who 17 (ii) would have continued to be so liable on such appointed day under that act had this act ..... act .....