Judgment Search Results Home > Cases Phrase: finance act 1983 section 29 omission of section 80mm Court: allahabad Page 1 of about 45 results (0.043 seconds)

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

Court : Allahabad

Reported in : [1964]51ITR92(All)

this is a writ petition under article 226 of the constitution 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 : the petitioner is a company duly registered with effect from the 31st december ..... it not being obligatory under the law to add interest in every case, it could not be said that the omission to charge interest in this particular case was necessary due to an error of law on the part of the income-tax officer.that was a case, therefore, where the statute had given the income-tax officer a discretion to ..... assuming that the omission to reduce the super-tax rebate was deliberate, but if that view was manifestly erroneous in law, can it be said that the provisions of section 35 would be ruled out and the only course open to the department was to have invoked the provisions of section 34 of the act the words used in section 35 'mistake apparent from the record' have come in for consideration by the supreme court in venkatachalam v. .....

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

Court : Allahabad

Reported in : [1973]88ITR231(All)

..... has not been shown to us by the appellant that the omission or failure of the income-tax officer to give effect to the provisions of the finance acts of 1958 and 1959 has to be traced to material ..... 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. ..... that in the rectification proceedings before the income-tax officer it was contended that the relevant provisions of the two finance acts were in pari materia with the provisions of clause (ii) of the proviso to paragraph b of part i of the first schedule to the indian finance act, 1951, and that, as that provision had been held invalid by the bombay high court in khatau makhanji spinning ..... july 17, 1962, the income-tax officer made two separate orders under section 35 of the act for the two assessment years purporting to rectify the mistake apparent from ..... the first contention is that in regard to the case of the assessment year 1959-60, the order under section 35 of the act was made after the assessment order had been modified in appeal and it was not open to the income-tax officer to rectify an assessment order after it ..... contention is that the income-tax officer acted outside the scope of section 35 of the act inasmuch as there was no mistake apparent ..... the income-tax officer issued a notice under section 35 of the act for each assessment year pointing out that there was an error apparent on the .....

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

Court : Allahabad

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

..... the sale of import entitlements were not profits derived from the export of goods by the assessee and accordingly not entitled to the tax concession provided under section 2(4)(a)(i) of the finance act, 1967 (2) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in holding that the assessee is not a company as is ..... the sale of import entitlements were not profits derived from the export of goods by the assessee and accordingly not entitled to the tax concession provided under section 2(5)(i) of the finance act, 1966 (2) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in holding that the assessee is nota company as is ..... from the sale of import entitlements were not profits derived from the export of goods by the assessee and accordingly not entitled to tax concession provided under section 2(5)(a)(i) of the finance act, 1965 (2) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in holding that the assessee is not a company as is ..... from the sale of import entitlements were not profits derived from the export of goods by the assessee and accordingly not entitled to tax concession provided under section 2(5)(a)(i) of the finance act, 1964 ? (2) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in holding that the assessee is not a company as is .....

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

Court : Allahabad

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

..... 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. ..... question to be considered whether additional surcharge or additional tax which could have been levied under article 271 can be levied only on a particular class and not on the public in general, the argument is that in the finance act of 1963, which is 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, ..... employees have always, at least since the income-tax act of 1922, been taxed on the basis' of the finance act current during the year when the salary is received and not on the basis of the finance act enacted after the year has come to a close. ..... the compulsory deposit scheme applies to a well defined class and the finance act of 1963 cannot be said to place any restriction on the free exercise of any profession, trade or occupation. ..... the charge of discrimination, therefore, cannot legitimately be levied against the finance act of 1963 in the matter of 'additional surcharge' as the classification is neither arbitrary nor capricious; it is a perfectly understandable, intelligible and reasonable classification. .....

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

Court : Allahabad

Reported in : [1977]107ITR816(All)

..... it was contended that the assessee was an industrial company within the meaning of section 2(7)(d) of the finance acts of 1966 and 1967 and, therefore, its income was taxable at the concessional rate of 55 per ..... question for our opinion : 'whether, on the facts and in 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. ..... this being so, the assessee-company would be an industrial company as defined in section 2(7)(d) of the finance acts of 1966 and 1967, and, therefore, entitled to the concessional rate of tax. ..... the 'processing of goods ' as used in section 2(7)(d) of the finance acts need not be of such a nature as to result in the manufacture of new ..... may be noted that in section 271(1)(c), quoted above, both the words ' manufacture ' and ' process ' were used as are used in the present section 2(7)(d) of the finance acts in hand. ..... to the question referred to us depends upon the interpretation to be put on the word 'industrial company' as defined in section 2(7)(d) of the finance acts of 1966 and 1967. ..... appellate assistant commissioner of income-tax held that the activities of 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. .....

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

Court : Allahabad

Reported in : [1972]83ITR895(All)

..... it will thus be seen that the only effect of making a provision like that of section 81 of the act is that the income-tax authorities will have to compute the income-tax in respect of the total income of the petitioner (including surcharge and the additional surcharge calculated in the manner provided in the finance act of 1963) and from that an amount equal to the income-tax calculated at the average rate of income-tax on the amount of which no income-tax is ..... additional surcharge levied under the finance act of 1963, not being income-tax as contemplated by section 81 of the income-tax act, 1961, the petitioner is not exempt from paying it.12 ..... 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 ..... 010.09 as additional surcharge computed under section 3 of the indian finance act, 1963. ..... section 2 of the finance act purports to charge only income-tax and provides how the income-tax is to bo ..... section 2 of the finance act, 1963, clearly indicates that the total amount computed in the manner provided therein after adding the surcharge and the additional surcharge, is the total amount of income-tax that is payable by an ..... learned counsel appearing for the revenue, however, urged that a perusal of the various provisions of the finance act shows that the legislature treated the imposition of ' additional surcharge ' as a levy distinct and separate from ' income-tax .....

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

Court : Allahabad

..... (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 neither the block assessment under chapter xivb nor assessment of previous six assessment years under section 153a to 153c can be done {ajit jain vs union of india: 2000 (242) itr 302} though the ..... reasons to believe for authorising the search; (ii)whether the dit(i)-kanpur had jurisdiction to authorise the search; (iii)whether the search was invalid as no prior approval of the development commissioner was taken under section 22 of the sez act; (iv) whether the petitioner is entitled to be informed about the information/ material or reasons to believe for authorising search before the question of their relevancy is decided by the court; (v)whether the court can examine the records ..... the observations made in the cases of that time were not relevant, while adjudging the validity of a search made after enforcement of finance act, 1995; the observation made in the pratap-singh case should be confined to the facts of that case. 93. .....

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

Court : Allahabad

Reported in : [1961]42ITR185(All)

..... the contention of the assessee that it was not liable to pay additional income-tax on the so called excess dividends was not accepted by the tribunal and hence this reference.we are concerned with the finance act, 1951 and paragraph b of the first schedule reads :'b in the case of every company -ratesurchargeon the whole of total incomefor annas in the rupeeone twentieth of the rate specified in the perceding clumn: ..... 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 expression total income means total income as determined for the purposes of income-tax or super-tax as the case may be, in accordance with the provisions of the income-tax act...it is thus clear from this that if there is no income, there ..... 4,276 under clause (ii) of the the proviso to section b of part 1 of schedule 1 of the indian finance act, 1951, in determining the income-tax payable by the company for the ..... within the territory of india excluding the state of jammu and kashmir, of the dividends payable out of such profits, and has deducted super-tax from the dividends in accordance with the provisions of sub-section (3d) or (3e) of section 18 of that act -(1) where the total income, as reduced by seven annas in the rupee and by the amount, if any exempt from income-tax exceeds the amount of any dividends (including dividends payable at a .....

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

Court : Allahabad

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

..... 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. ..... 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. ..... 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 of india, and deposit the tax, non ..... and it is registered under the societies registration act, 1860. .....

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)

..... bring some independent evidence to show that the deposits represented the concealed income of the assessee in the relevant year : that disallowance of the claim of the revenue expenditure will not attract the explanation to section 271(1)(c) of the act and that rejection of a claim of revenue expenditure does not mean that there was concealment or that inaccurate particulars were furnished by the assessee. 10. ..... from these authorities it is clear that after the finance act, 1964, the rule regarding burden of proof enunciated in anwar ali's case : [1970]76itr696(sc) is no longer ..... 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 by a decision of the supreme court ..... 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 ..... by the finance act, 1964, however, the word 'deliberately' occurring in clause (c) was omitted and the explanation abovementioned was ..... the income-tax officer relying upon the explanation to section 271(1)(c) of the act held that the total income returned by the assessee being less than 80 per cent, of the assessed income the assessee shall be deemed to have concealed the particulars of its income or furnished inaccurate ..... anwar ali's case : [1970]76itr696(sc) dealt with section 28(1)(c) of the indian income-tax act, 1922, which in so far as is relevant, read as follows .....