Judgment Search Results Home > Cases Phrase: finance act 1983 section 29 omission of section 80mm Court: supreme court of india Page 3 of about 151 results (0.089 seconds)

The Commissioner of Income Tax, West Bengal Ii, Calcutta Vs. Naga Hill ...

Court : Supreme Court of India

Reported in : AIR1973SC2524; [1973]89ITR236(SC); (1973)4SCC200; [1973]3SCR510

..... -tax officer that the unabsorbed reduction in rebate for the year 1957-58 could only be carried forward and set off against the rebate for the assessment year 1958-59 under the provision of the finance act, 1958, and as there was no rebate available for the assessment year 1958-59, the un-absorbed reduction in rebate exhausted itself and could not be further set off against the rebate available for the ..... to the amount or the aggregate of the amounts, as the case may be, computed as hereunder:(a) on that part of the aggregate of the sums arrived at in accordance with clause (i) of the second proviso to paragraph d of part ii of the first schedule to the finance act, 1958 (xi of 1958), as has not been deemed to have been taken into account, in accordance with clause (ii) of the said proviso, for the purpose of reducing the rebate mentioned in clause (i) of the said proviso to nil; (b) ...'6. ..... 'on that part of the aggregate of the sums arrived at in accordance with clause (i) of the second proviso to paragraph d of part ii of the first schedule to the finance act 1958 (act xi of 1958) as has not been deemed to have been taken into account, in accordance with clause (ii) of the said proviso, for the purpose of reducing the rebate mentioned in clause (i) of the said proviso to nil', it means ..... this appeal by certificate arises from the decision of the calcutta high court in a reference under section 66(1) of the indian income-tax act 1922 (to be hereinafter referred to as the 'act'). .....

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

..... of the industrial tribunal appointed by the central government under sub-section (1) of section 7a, shall, after the commencement of part xiv of chapter vi of the finance act, 2017, be governed by the provisions of section 184 of that act: provided that the presiding officer appointed before the commencement of part xiv of chapter vi of the finance act, 2017, shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, 2017 had not come into force. 59. ..... the central government has formulated the tribunal, appellate tribunal and other authorities (qualifications, experience and other conditions of service of members) rules, 2017, (hereinafter referred to as the rules ) under section 184 of the finance act, 2017, it is necessary at this stage to examine whether the rules conform to the judicial principles inherent in our constitutional scheme as established by this court in its earlier dicta. ..... of the chairman and other members of the appellate tribunal appointed after the commencement of part xiv of chapter vi of the finance act, 2017, shall be governed by the provisions of section 184 of that act: provided that the chairman and member appointed before the commencement of part xiv of chapter vi of the finance act, 2017, shall continue to be governed by the provisions of this act and the rules made thereunder as if the provisions of section 184 of the finance act, 2017 had not come into force.". 58. .....

State of Bihar and ors. Vs. M/S. Suprabhat Steel Limited and ors.

Court : Supreme Court of India

Reported in : AIR1999SC303; 1999(1)BLJR14; JT1998(8)SC2; 1998(6)SCALE168; (1999)1SCC31; [1998]Supp2SCR699; [1999]112STC258(SC)

..... clause 10.4(i)(b) of the industrial incentive policy, 1993 (hereinafter referred to as 'the industrial policy') and whether the notification issued by the government of bihar dated 2nd of april, 1994 in exercise of power under section 7 of the bihar finance act to the extent it indicates 'who has not availed of any facility or benefit under any industrial promotion policy' is invalid as being contrary to the policy resolution of 1993. ..... after introducing the new industrial policy of 1993, issued the exemption notification on 4th of april, 1994 in exercise of the power under section 7 of the bihar finance act under which the old industrial units like the respondents who had started production prior to 1.4.93 but whose investment on plant and machinery did ..... state government under the impugned notification dated 4th of april, 1994 having imposed such conditions, the notification was within the powers conferred on the state government under sub-section (3) of section 7 of the bihar finance act and the high court, therefore, was not justified in striking down the same to the extent already indicated.5. ..... examining the notification dated 2nd of april, 1994, issued by the government of bihar in exercise of power conferred by clause (b) of sub-section (3) of section 7 of the bihar finance act, 1981, the high court further came to the conclusion that the notification so far as it imposes a condition that the facility of sales tax exemption on purchase of raw material will be available .....

M.M. Parikh, Income-tax Officer, Special Investigation Circle-b, Ahmed ...

Court : Supreme Court of India

Reported in : AIR1967SC823; [1967]63ITR663(SC); [1967]2SCR38

..... it was urged before the high court, and the argument appealed to the high court, that an order under section 23a as amended by the finance act, 1955, and as further modified by the finance act, 1957, by the income-tax officer directing payment of additional super-tax was an order of assessment which could only be made before the expiry of the period of limitation prescribed by s. ..... of its total income as reduced by the amounts, if any, aforesaid, but in the assessment made by the income-tax officer under section 23 a higher total income is arrived at, and the difference in the total income does not arise out of the application of the proviso to section 13 'or sub-section (4) of section 23 or the omission by the company to disclose its total income fully and truly unless the company, on receipt of a notice from the income-tax officer that he proposes to make such an order ..... distributed not less than the statutory percentage of its total but in the assessment made by the income-tax officer under section 23 a higher total income does not arise out of the application of the proviso to section 13 or sub-section (4) of section 23 or the omission by the company to disclose its income fully and truly; unless the company, on receipt of a notice from the income-tax officer, that he proposes to make such an order, fails to make within three months of the .....

Chatturam Horilram Ltd. Vs. Commissioner of Income Tax, Bihar and Oris ...

Court : Supreme Court of India

Reported in : AIR1955SC619; [1955]27ITR709(SC); [1955]2SCR290

..... by virtue of the decision of the income-tax appellate tribunal and the decision of the high court confirming it, which disclosed that the indian finance act of 1939 was not in operation in the relevant area at the relevant period and that in the absence thereof no valid assessment could be ..... that this fact can be reasonably said to have been discovered by the income-tax officer only when he got definite information as to (1) the passing of the bihar regulation iv of 1942 applying the indian finance act of 1939 retrospectively for the relevant accounting period, and (2) the judgment of the high court pronouncing prior proceedings to be invalid. ..... this section that the actual levy of the tax and the rates at which the tax has to be computed is determined each year by the annual finance acts. ..... aside by the income-tax appellate tribunal on the 28th march, 1942, on the ground that the indian finance act of 1939 was not in force during the assessment year 1939-40 in chota nagpur, which was a partially ..... counsel for the appellant is that during the relevant year 1939-40 the income was not chargeable to tax as a fact and that the retrospective operation of the finance act for the relevant year by virtue of a later legislation does not make a difference for this purpose. ..... indeed, it can also be said that the very fact of regulation iv of 1942, having brought the finance act of 1939 into operation retrospectively, in this area, has factually brought about, in any case, the chargeability of .....

Checkmate Services P Ltd Vs. Commissioner Of Income Tax-i

Court : Supreme Court of India

..... ) 1 scc489 8 of deletion of the second proviso to section 43b of it act (by finance act, 2003) and whether the same operated prospectively. ..... return.6 explanation : for the removal of doubts, it is hereby declared that where a deduction in respect of any sum referred to in clause (a) or clause (b) of this section is allowed in computing the income referred to in section 28 of the previous year (being a previous year relevant to the assessment year commencing on the 1st day of april, 1983, or any earlier assessment year) in which the liability to pay such sum was incurred by the assessee, the assessee shall not be entitled to any ..... rejected the revenue s appeal and held that the omission of the second proviso to section 43b was curative and therefore operated retrospectively. mr. ..... urged that in alom extrusions, the court took note of the fact that the law as existing prior to the omission of the second proviso to section 43b restricted deductions in respect of any sums payable by an employer as contribution to the pf / superannuation fund etc ..... utpadak sahakari sandh ltd.27 and nipso polyfabriks (supra) would reveal that in all these cases, the high courts principally relied upon omission of second proviso to section 43b (b). ..... this court was of the opinion that the omission was curative, and that as long as the employer deposited the dues, before filing the return of income tax, the deduction was ..... the court considered the effect of omission of the second proviso, and observed as follows .....

State of Mysore Vs. Syed Ibrahim

Court : Supreme Court of India

Reported in : AIR1967SC1424; 1967CriLJ1215; [1967]2SCR361

..... schedule ii of the finance act, 1920 and section 14 of the finance act, 1922 in payne ..... section 14 of the finance act, 1922 provided that where a licence was taken out for a mechanically propelled vehicle at any rate under the second schedule of the finance act, 1920 and the vehicle was at any time, while such a licence was in force, used in an altered condition or in a manner or for a purpose which brings it within, or which if it was used solely in that condition or in ..... 6, schedule ii of the finance act, 1920........the car was neither 'constructed' nor 'adapted' for use for conveyance of goods, but the appellant, while the licence was in force, used the said car occasionally for conveyance ..... schedule ii of finance act, 1920 became ..... under section 42(1) read with section 123 of the act for having used the said car as 'a transport vehicle' without the permit required under section 42(1). ..... these words, however, cannot mean that the sub-section applies only to cases where the motor vehicle in question is registered ..... leave, raises the question as to the true meaning of section 42(1) of the motor vehicles act (4 of 1939). 2. ..... for carrying passengers for hire or reward it must be regarded when so used as a public service vehicle and therefore a transport vehicle and if it is so used without the necessary permit such use would be in breach of section 42(1) and the owner who uses it or permits it to be so used would be liable to be punished under section 42(1) read with section 123. 6. .....

Commissioner of Income-tax, New Delhi Vs. Eli Lilly and Company (India ...

Court : Supreme Court of India

Reported in : 2009BusLR418(SC); (2009)223CTR(SC)20; [2009]312ITR225(SC); JT2009(5)SC78; 2009(4)SCALE384; [2009]178TAXMAN505(SC); 2009(4)LC1742(SC); 2009AIRSCW3104

..... not falling under section 115a or section 115b or section 115bb or section 115bbb or section 115e or section 164 or section 164a or section 167b, the rate or rates of income-tax specified in this behalf in the finance act of the relevant year and for the purposes of computation or of the 'advance tax' payable under chapter xvii-c, in a case falling under section 115a or section 115b or section 115bb or section 115bbb or section 115e or section 164 or section 164a or section 167b, the rate or rates specified in section 115a or section 115b or section 115bb or section 115bbb or section 115e or section 164 or section 164a or section 167b, as the case ..... according to the learned counsel, the insertion with retrospective effect from 1.4.1979 by the finance act, 1983, however, was not all inclusive. ..... learned counsel next contended that breach of such provisions results in severe penal and criminal sanctions and therefore penal and criminal liability imposition by a statute on foreigners in respect of acts and omissions committed outside the country should not be inferred unless there is a clear cut provision in the said 1961 act. .....

Commissioner of Central Excise, Vadodara-i Vs. Gujarat Carbon and Indu ...

Court : Supreme Court of India

Reported in : 2008AIRSCW6803; (2008)218CTR(SC)537; 2008(11)SCALE537; (2008)9SCC518; 2008[3]STR12; [2008]16STT108; (2008)17VST55(SC);

..... the tribunal referred to section 73 of the finance act which reads as follows:section 73(a)- the assistant commissioner of central excise or, as the case may be, the deputy commissioner of central excise has reason to believe that by reason of omission or failure on the part of the assessee to make a return under section 70 for any prescribed period or to disclose wholly or truly all material facts required for verification of the assessment under section 71, the value of taxable service for that quarter has escaped ..... in some cases the orders were reviewed under section 84 of the said act on the ground that section 117 of the finance act, 2000 validates retrospectively the provisions of sub-clause (xii) of clause (d) of sub-rule (1) of rule 1 of service ..... the factual scenario is that commissioner was of the view that according to section 117 of the finance act, 2000 notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority , sub-clause (xii) and sub-clause (xvii) of clause (d) of sub-rule (1) of rule 2 of the service tax rules, ..... authorities issued notice asking them to explain as to why penalty should not be imposed upon them under the provisions of sections 76 and 77 of chapter v of the finance act, 1994 for alleged contravention of the provisions of sections 70, 76 and 81 of the said chapter and as to why interest should not be recovered from them for delayed payment of service tax as provided under the aforesaid act. .....

The Commissioner of Income-tax, Bombay Vs. the Jalgaon Electricity Sup ...

Court : Supreme Court of India

Reported in : AIR1960SC1182; (1961)63BOMLR549; [1960]40ITR184(SC); [1960]3SCR880

..... dividend of a preceding year; (ii) such portion of the excess dividend as is deemed to be out of the undistributed profits of each of the said years shall be deemed to have borne tax, - (a) if an order has been made under sub-section (1) of section 23a of the income-tax act, in respect of the undistributed profits of that year, at the rate of five annas in the rupee, and (b) in respect of any other year, at the rate applicable to the total income of the company for that year ..... the view of the minority was that even if there were no profits the intention of the finance act to levy the additional income-tax on the excess dividends was perfectly plain, and that the assessee company was liable. ..... b of part i of the third and first schedules of the finance acts, 1949 and 1950 respectively, assessed the difference in each year to additional income-tax, and charged income-tax at the rate of 5 annas in the rupee on the amounts for the two assessment years. ..... paragraph b of part i of the first schedule of the finance act, 1950 corresponds to the corresponding paragraph of the finance act, 1949. ..... the scheme of the finance act in relation to excess dividends and their chargeability to additional income-tax has been examined by us in civil appeal no. ..... the high court held that though excess dividends were, in fact, paid, the absence of profits from previous years rendered the finance act unworkable in this case. ..... we shall confine ourselves to the finance act, 1949. .....