Judgment Search Results Home > Cases Phrase: finance act 1981 section 9 amendment of section 80d Page 1 of about 3,733 results (0.160 seconds)

inspecting Assistant Vs. Donald William Rickard

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1988)26ITD434(Mad.)

..... thus, on a plain reading of sections 6(6) and 7(7) of the territorial waters act, the letter issued by the central board of direct taxes, the memorandum to the finance bill, 1981 explaining the provisions of the finance act, 1981 and keeping in mind the reasons given by the tribunal in its order in s.a. ..... the finance act, 1950 amended the indian income-tax act, 1922 in certain respects and made it applicable to the whole of india except the state of jammu and kashmir. ..... for instance, the indian income-tax act, 1922 was extended and made applicable to the whole of india by virtue of amendments made by the finance act, 1950. ..... the learned counsel then contended that this view is also supported by legislative practice.thereafter the learned counsel pointed out as to how the indian income-tax act, 1922 was extended and made applicable to the whole of india by virtue of amendments made by the finance act, 1950. ..... court held that : now it is well settled that though the subject of charge is the income of the previous year, the law to be applied is that in force in the assessment year unless otherwise stated or implied and any amendment which is in force at the beginning of the assessment year must govern the case though the amendment is made after the income under assessment is earned.another decision cited by the learned departmental representative was that reported in s.a. .....

Director of Income Tax Vs. Aparna Ashram

Court : Delhi

..... for the assessment years 1981-82 to 1983-84, keeping in view the amendment effected to the wealth-tax act by the finance act, 1981, by which amendment section 21aa is inserted with effect from april 1, 1981, which is applicable for and from the assessment year 1981-82. ..... revenue is accepted, they would be a conflict between section wta 10/2006 page 18 of 21 21aa and then section 40 of the finance act, 1984, which reintroduced wealth tax on companies in ..... 01.04.1981 by finance act, 1981 and held that the said provision were inserted to bring to tax the net wealth of the association of persons where the ..... attempts at tax avoidance through the medium of multiple associations of persons without defining the shares of the members, the finance act has inserted a new s.21aa in the wt act to provide for assessment in the case of association of persons which do not define the shares of the members ..... and was partially revived in a limited way by way of section 40 of finance act, 1983). ..... extent as it wta 10/2006 page 2 of 21 would be leviable upon and recoverable from an individual who is a citizen of india and resident in india for the purposes of this act, (2) where any business or profession carried on by an association of persons referred to in sub- section (1) has been discontinued or where such association of persons is dissolved, the assessing officer shall make an assessment of the net wealth of the association of persons as if no such discontinuance ..... section 21aa of the act was amended .....

Collector of Customs Vs. K. Mohan and Co.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1997)(94)ELT202TriDel

..... waste and scrap were specifically included in the excise tariff by the amendments introduced by the finance act, 1981, thereby setting at rest the pre-existing controversy as to whether excise duty was ..... falling under the item numbers 26a, 26b, 27, 27a, respectively, of the said first schedule on which appropriate amount of duty of excise, or as the case may be, the additional duty leviable under section 3 of the customs act 1975 (51 of 1975), has already been paid; or (b) such waste and scrap arise from products falling under any item number of the said first schedule other than item numbers 26a, 26b, 27 and ..... section 131 as it stood before the finance act ..... according to the respondent, the central government was required to serve show cause notice to the respondent within the time limit prescribed by the erstwhile section 131(5) of the cesa, 1944 and notice had not been served at all, much less within the time limit and, therefore, the proceeding initiated by ..... was not payable on the goods at the relevant time under relevant provisions of the central excises act, the customs authorities were not entitled to recover the countervailing duty on those goods under section 2a of the indian tariff act".these observations were followed by a three member bench of the tribunal in modella textile industries v. ..... explained the scope of the words "equal to the excise duty" appearing in section 3(1) of the customs tariff act, 1978 by observing that the words have been used only to provide a measure .....

Assistant Commissioner of Income Vs. Apsara Processors (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2005)92TTJ(Ahd.)645

..... the assessee, it has been vehemently contended that now the issue is set at rest by the above decision of hon'ble apex court that the penalty under section 271(1)(c) cannot be levied where the assessed income is loss prior to amendment by finance act, 2002.however, it was contended on behalf of the revenue that the above decision in the case of prithipal singh was with regard to law applicable in ..... in support of his argument, he has referred to the following provisions wherein the legislature has specifically referred to "loss" : (vi) section 139(1) for return of income having taxable income and section 139(3) for loss return.he, therefore, submitted that since in section 271(1)(c), before the amendment vide finance act, 2002, the word "loss" was not included it has to be presumed that the penalty was only for concealment of income and ..... after the above decision, the legislature amended section 143(1a) with retrospective effect while no such modification was made in section 271(1)(c) till the finance act, 2002.the legislature vide finance act, 2002 amended section 271(1)(c) w.e.f.1st april, 2003 and modified clause (iii) after section 271(1)(c) as under : "(iii) in the cases referred to in clause (c), in addition to tax, if, any, payable by him, a sum which shall not be less than but which shall not exceed three ..... malhotra (1981) 128 itr 543 (del), wherein it has been held that the presumption is that all laws operate prospectively only and only when the legislature has clearly .....

Dewan Chand Amrit Lal Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2006)98ITD200(Chd.)

..... 32.1 with a view to countering this device, which enables taxpayers to explain away unaccounted cash or unaccounted deposits, the finance act, 1984, has inserted a new section 269ss in the it act debarring persons from taking or accepting after 30th june, 1984, from any other person any loan or deposit otherwise than by an account payee cheque or account payee bank draft if the amount of such loan or deposit or ..... on appeal, the hon'ble supreme court held that when the ito reached the satisfaction that the appellant had concealed his income and made the assessment order on 27th march, 1972, the amended provisions of section 274(2) were in operation and they entitled the ito to impose penalty in cases where the amount of income in respect of which particulars had been concealed were less than rs. ..... the it (second amendment) act, 1981, seeks to counter attempts to circulate black money in this manner. ..... the it (second amendment) act, 1981 (hereinafter referred to as the amending act) represents another step in the same direction. ..... 269t was also incorporated by the it (second amendment) act, 1981 (38 of 81), w.e.f. ..... (2) the provisions of this section as they stood immediately before their amendment by the direct tax laws (amendment) act, 1987 (4 of 1988), shall apply to and in relation to any action initiated for the imposition of penalty on or before the 31st day of march, 1989. .....

Additional Collector of Central Vs. Nandlal Milkiram Bhatia

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (1983)LC(1973)DTri(Mum.)bai

..... adjudicating order was passed by the additional collector of central excise & customs, nagpur on 7th day of october, 1981 before the amendment to finance act (no. ..... reading of section 80 (l)(a) substituted by finance act (no. ..... (ii) according to the provisions of section 80(1) of the gold control act, 1968 prior to coming into force of the new provisions any person aggrieved by any decision or order made under that act could prefer an appeal where the decision or order has been made by a collector of central excise or of customs, as the case may be, to the gold control administrator and, where the decision or order had been made ..... cause notice dated 22-7-81 was issued to the respondent to show cause why penal action should not be taken on him under section 74 of the act and why the seized gold should not be confiscated under section 71 of the act. ..... of law applicable were section 42, and not section 32 of the gold (control) act, 1968.5. ..... provided that nothing in this section shall apply to non-joinder of a ..... section 99 of the code of civil procedure, act v of 1908 which deals with the jurisdiction of the court runs as under : "no decree shall be reversed or substantially varied, nor shall any case be remanded in appeal on account of any misjoinder of parties or causes of action or any error, ..... 1980, old section 80 of the gold control act. ..... authorities had held that the respondent is a certified goldsmith and not a licensed gold dealer and as such provisions of section 42 will apply.3. .....

A.S.K. Brothers Ltd. Vs. Dy. Cit/Dy. Cit V. A.S.K. Brothers

Court : Income Tax Appellate Tribunal ITAT

Reported in : (2001)70TTJ(Bang.)673

..... this levy has been discontinued in consequence of the amendment to section 7(2) of the act (54 of 1980) by the finance act, 1982 (14 of 1982) with effect from 1-4-1982.he has further elaborated his arguments on the ..... act, 1962), expenditure-tax shall be charged under the expenditure tax act, 1957 (29 of 1957), for every financial year commencing on or after 1-4-1996.however, the expenditure tax act, 1957 (29 of 1957) was repealed with effect from 1-4-1966, by section 40 of the finance act ..... section 53 of the finance act, 1964 (5 of 1964) enacted that notwithstanding anything contained in section 13 of the finance ..... 1,200 per unit and there was a case for treating all the expenditure incurred in the hotel as such and falling within the purview of section 5 of the expenditure tax act.he considered this because the wording of section 3 gives clear scope to think that it is the chargeable expenditure incurred in a hotel fulfilling the conditions that are liable to expenditure-tax and when the ..... rooms are not independent hotels by themselves.the assessee raised the additional ground that each room being a part of the composite building by itself constitute a hotel and applicability of the expenditure tax act should be on the basis of tariff of each room at the time of incurring the expenditure and not on the basis of general tariff of one or two rooms or suites provided in residential ..... respect of chargeable receipts accruing or arising or received during the period from 1-2-1981 to 27-2-1982. .....

B.S. Enterprises Vs. State of Bihar and ors.

Court : Patna

..... holds in stock, on the 1st day of april, 2005 such goods as have been purchased by him on or after the 1st day of april, 2004 and which have suffered the incidence of tax under the bihar finance act, 1981 (bihar act of 1981) as it stood before its repeal by section 94 and -(i) he sells such goods within the state of bihar or in the course of inter-state trade & commerce, or(ii) he consumes such goods in the manufacture of any goods mentioned in clause (a), (b) and ..... a number of amendments were introduced in the act by bihar finance act, 2006 (act 7 of 2006). ..... the present case, the lacuna/omission was cured by the amendment act, namely, the bihar finance act, 2006 before the rules were declared bad by any court. ..... in those two decisions, the supreme court explained that notwithstanding the amendment of order 8, rule 1, and the proviso thereto by the amendment act 22 of 2006, those provisions were not mandatory but directory and they did not take away or curtail the power of the court to take a written statement on record though filed beyond the 90 days' ..... the lacuna was corrected by amending section 93 and removing the condition of previous publication retrospectively with effect from 1.4. ..... while introducing a number of amendments in the act, it seems that the omission to follow the condition of previous publication in the making of rules was ..... the amendment act received the assent of the president of india on 19.04.2006 and it was published in the bihar gazette (extra ordinary) on the .....

iris Electronics (India) Pvt. Ltd. Vs. State of Jharkhand Through the ...

Court : Jharkhand

Reported in : 2005(1)BLJR581; [2005(1)JCR130(Jhr)]

..... :-(i) for a declaration that the bihar finance act, 1981 and the relevant rules framed therein and the notification issued in exercise of powers under the act will continue to operate in the state of jharkhand till any amendment is made under the provisions of section 84 of the bihar reorganization act, 2000. ..... in exercise of power under section 85 of the bihar reorganization act, 2000, the state of jharkhand has adopted various acts of the then existing state of bihar including the bihar finance act, 1981'and the bihar sales tax ..... 96, dated 4.4.1994 in exercise of power conferred under section 7(3)(b) of the bihar finance act, 1981 whereby procedures and the conditions were laid down for grant of exemption from payment of tax on the products of the new industrial units possessing exemption ..... the petitioner is also a registered dealer under the provisions of bihar finance act, 1981 as well as the central sales tax act, 1956 under the patlipurtra circle, patna and the said registration is ..... the sales tax is with regard to the intra-state sale and not on inter-state sale and as such no exemption can be claimed by the petitioner under the provisions of the bihar finance act, 1981 or in accordance with the said industrial policy resolution of 1993/1995.9. ..... 1984 issued under the provisions of the bihar finance act, 1981 and they are also entitled to the benefits conferred by the industrial policy resolution, 1993/1995 and the state of jharkhand and the concerned authorities ae bound by .....

Commissioner of Income-tax Vs. Hindustan Gum and Chemicals Ltd.

Court : Kolkata

Reported in : [1990]182ITR396(Cal)

..... several cases, the high courts, following the said decision of the supreme court, held that even for purposes of determining the chargeable profits under the companies (profits) surtax act, the gross amount of dividend should be excluded from the total income, rule 1 has since been amended by the finance act, 1981, adding an explanation at the end of rule 1. ..... it is urged that significantly the finance act of 1981 which introduced the explanation to rule 1 of the first schedule to the companies (profits) surtax act, unlike section 80aa of the income-tax act, 1961, has not been, given ..... the company has to pay income-tax only on the dividend which is included in the total income as assessed after allowing all permissible deductions including the deduction under section 80m and not on the dividend included in the gross total income, if the amount of tax on the gross dividend is deducted, the result will be that although the assessee has not paid tax on ..... it is, therefore, clear that whatever might have been the interpretation placed on clause (iv) of sub-section (1) of section 99 and section 85a the correctness of which is not in issue before, us, so far as sub-section (1) of section 80m is concerned, the deduction required to be allowed under that provision is liable to be calculated with reference to the amount of dividend computed in accordance with the provisions of the act and forming part of the gross total income and not with reference to the full amount of dividend received .....