Judgment Search Results Home > Cases Phrase: finance act 1992 chapter iii direct taxes income tax Court: supreme court of india Page 11 of about 1,088 results (0.293 seconds)

Maharaja Shree Umaid Mills Ltd. Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1963SC953; [1963]48ITR186(SC); [1963]Supp2SCR515

..... bases its claim on the agreement dated april 17, 1941, and contends that the agreement is binding on the respondents and the appellant cannot be asked to pay income-tax by reason of the provisions of the indian income-tax act, 1922 which were extended to the whole of india except the state of jammu and kashmir as a result of certain amendments inserted in the said act by the finance act, 1950. 10. ..... (f) state or federal income tax or super tax or surcharge or any other tax on income - if any such tax has to be paid by the company the state will refund the same wholly to the company ..... between the president of india and the rajpramukh of rajasthan said : 'the recommendations of the indian states finance enquiry committee, 1948-49 (hereafter referred to as the committee) contained in part i of its report read with chapters i, ii and iii of part ii of its report, in so far as they apply to the state of rajasthan (hereafter referred to as the state) together with the recommendations contained in chapter viii of part ii of the report, are accepted by the parties hereto, subject to the following modifications ..... the state of rajasthan and their servants, agents and officers be permanently restrained by means of an injunction from realising any excise duty from the appellant; and (d) that the state of rajasthan be directed to refund from time to time as and when the appellant is to pay excise duty to the union of india, by reason of the indemnity clause in the agreement of april 17, 1941. 8. .....

R.C. Tobacco Pvt. Ltd. and anr. Etc. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : 2005(102)ECC449; 2005(188)ELT129(SC); JT2005(12)SC281; (2005)7SCC725

..... scc 23 which dealt with an amendment to section 80p(2)(a)(iii) of the income tax act, 1961 noted that 'the amendment does not seek to touch on the periods of limitation provided in the act, and in the absence of such express provision or clear implication, the legislature clearly could not be taken to intend that the amending provisions authorizes the income tax officer to commence proceedings which before the new act came into force, had, by the expiry of the ..... collected or, as the case may be, which would have not been refunded if the provisions of this section had been in force at all material times, within a period of thirty days from the day on which the finance bill, 2003 receives the assent of the president, and in the event of nonpayment of duty or interest or other charges so recoverable, interest at the rate of fifteen per cent, per annum shall be payable from ..... while extending the time for the respondents to comply with the interim order, the high court directed that in verifying the claims for refund, the state government could not interfere with the exercise of powers of the excise authorities but made it clear that: "this is not to say ..... with effect from 8th july 1999 by excluding cigarettes falling under chapter 24 of the first schedule or the second schedule to the central excise tariff act, 1985. ..... a result of the amendment the assessee was deprived of the benefit for a period 8 years after which the benefit was reintroduced by another amendment of rule 41e in 1992. .....

M. Natarajan Vs. State by Inspector of Police, Spe, Cbi, Acb Chennai

Court : Supreme Court of India

Reported in : (2008)217CTR(SC)1; 2008(120)ECC141; 2008(156)LC141(SC); 2008(226)ELT679(SC); JT2008(6)SC451; 2008(8)SCALE290; (2008)8SCC413; (2008)3SCC(Cri)507.

..... (h) 'direct tax enactment' means the wealth tax act, 1957 (27 of 1957) or the gift tax act, 1958 (18 of 1958) or the income tax act, 1961 (43 of 1961) or the interest tax act, 1974 (45 of 1974) or the expenditure tax act, 1987 (35 of 1987); * * * * * * * * (j) 'indirect tax enactment' means the customs act, 1962 (52 of 1962) or the central excise act, 1944 (1 of 1944) or the customs tariff act, 1975 (51 of 1975) or the central excise tariff act, 1985 (5 of 1986) or the relevant act and includes the rules or regulations made under such enactment;' ..... prosecution and imposition of penalty in certain cases- the designated authority shall, subject to the conditions provided in section 90, grant immunity from instituting any proceeding for prosecution for any offence under any direct tax enactment or indirect tax enactment, or from the imposition of penalty under any of such enactments, in respect of matters covered in the declaration under section 88.it is this section 91, which has been relied upon by ..... in chapter iv of the finance act (no. ..... in holding that though the private parties have become entitled to immunity from prosecution, the official respondents would also be covered thereby, (ii) the high court erred in holding section 95(iii) of the act to be inapplicable to the present case, and (iii) public servants were not entitled to any relief under the scheme and far less immunity from prosecution. ..... magazine called 'tamilarasi' which publication had commenced in the year 1992. .....

Rasila S. MehtA. Vs. Custodian, Nariman Bhavan, Mumbai

Court : Supreme Court of India

..... conferred on him under section 3 or 4 may file a petition objecting to the same within thirty days of the assent to the special court (trial of offences relating to transactions in securities) bill, 1992 by the president before the special court where such notification, cancellation or order has been issued before the date of assent to the special court (trial of offences relating to transactions in securities) bill ..... in hitesh shantilal mehta the bombay high court appears to have merely held that in appropriate cases the special court would have the power to direct the custodian to release such property from attachment, in the event, it is found that the property which is attached has no nexus with the illegal dealings in securities ..... "3.5.2 on the basis of reliable and specific information, action under section 132 of the income tax act was taken on 23.07.1993, during which shares valued at rs. ..... and qualified and do business in their individual capacities and possess a sound and thorough knowledge of investments, finance and are authorized agents of the unit trust of india or members of the recognized stock exchange in bombay ..... stock, units of the unit trust of india or any other mutual fund or other marketable securities of a like nature in or of any incorporated company or other body corporate;(ii) government securities; and(iii) rights or interests in securities;" and as per section 2(d) `special court' means "the special court established under sub-section (1) of section 5. .....

Securities and Exchange Board of India Vs. Ajay Agarwal

Court : Supreme Court of India

Reported in : II(2010)BC173,[2010]155CompCas1(SC),[2010]98SCL424(SC),2010(3)LC1300(SC)

..... , 2004 chairman of the board passed an order, the concluding portion whereof is as under:therefore, in exercise of the powers conferred upon me by virtue of section 4(3) read with section 11 and section 11b of sebi act, i hereby direct that shri ajay agarwal be restrained from associating with any corporate body in accessing the securities market and also be prohibited from buying, selling or dealing in securities for a period of five years. ..... court held that the income tax officer was not correct in taking recourse to sub-sections (6) to (7) of section 171 of the income tax act, 1961 for the purpose of recovery of tax assessed on the hindu undivided family for assessment in respect of the years 1950-1951 and 1956-1957 since the relevant provisions of 1961 act were not given any ..... the question which arises for consideration in this appeal is whether section 11b of the securities and exchange board of india act, 1992 (for short, `the act') could be invoked by the chairman of the securities and exchange board of india (for short, `sebi') in conjunction with sections 4(3) and 11 for restraining the respondent from associating with any corporate body ..... kazi and dowell leasing and financing limited had given non-disposal undertaking ..... mind if we analyse some of the provisions of the act it appears that the board has been established under section 3 as a body corporate and the powers and functions of the board have been clearly stated in chapter iv and under section 11 of the said act.43. .....

Union of India and anr. Vs. Ms Nitdip Text. Processors Pvt. Ltd. and o ...

Court : Supreme Court of India

Reported in : 2011(4)KLT134(SN); 2012(1)SCC226; 2012(2)SCJ617; AIR2012SCW2723; 2012(2)KCCR61SN

..... the context otherwise requires, h) direct tax enactment means the wealth- tax act, 1957 or the gift-tax act, 1958 or the income-tax act, 1961 or the interest-tax act, 1974 or the expenditure-tax act, 1987; (j) indirect tax enactment means the customs act, 1962 or the central excise act, 1944 or the customs tariff act, 1975 or the central excise tariff act, 1985 or the relevant act and includes the rules or regulations made under such enactment; (m) tax arrear means,- (i) in relation to direct tax enactment, the amount of tax, penalty or interest determined on ..... 3) the high court, vide its impugned judgment and order dated 25.07.2005, has declared that section 87(m)(ii) (b) of finance (no.2) act, 1998 is violative of article 14 of the constitution of india insofar as it seeks to deny the benefit of the `kar vivad samadhana scheme, 1998 (hereinafter referred to as the scheme ) to those who were in arrears of ..... scheme was introduced by finance (no.2) act and is contained in chapter iv of the act. ..... he contends that the finance act uses the expression `determination' instead of `assessment' in order to include the cases ..... , the scheme was introduced by the hon'ble finance minister through the 1998 budget, which was contained in the finance (no.2) act of 1998. ..... the respondents filed a special civil application before the high court of gujarat, inter-alia, seeking a writ to strike down the words on or before the 31st day of march 1998 occurring in section 87 (m) (ii) of the finance act, 1998. .....

Committee of Management Kanya Junior High School Bal Vidya Mandir, Eta ...

Court : Supreme Court of India

Reported in : AIR2006SC2974; JT2006(7)SC562; 2006(8)SCALE222; (2006)11SCC92

..... article 226 or article 227 of the constitution in respect of any judgment, order or award (a) of a tribunal court or statutory arbitrator made or purported to be made in the exercise or purported exercise of jurisdiction under any uttar pradesh act or under any central act, with respect to any of the matters enumerated in the state list or the concurrent list in the seventh schedule to the constitution, or (b) of the government or any officer or authority, made or purported to be made in ..... as to whether the jains should be treated to be a minority under section 2(c) of the national commission for minorities act, 1992 came up for consideration before a three-judge bench of this court in bal patil and anr. v. ..... dubey, zilla basic siksha adhikari, etah, in which a preliminary objection has been taken that this appeal is not maintainable because under chapter viii rule 5 read with chapter ix rule 10 of the allahabad high court rules, the writ petitioner had to exhaust the remedy of a special appeal before the division bench and without exhausting the remedy ..... in this regards, it is directed that the candidates belonging to jain (digambara) community become eligible for reservation under category iii (b) only after production of ..... finance ..... held that any community, religious or linguistic, which is less than fifty per cent of the population of the state is entitled to the fundamental right guaranteed by article 30 of the constitution.24.8 in commissioner of wealth tax, west bengal v. .....

Commissioner of Income-tax Vs. V. Venkatachalam

Court : Supreme Court of India

Reported in : AIR1994SC1267; (1993)113CTR(SC)55; [1993]201ITR737(SC); 1993(3)SCALE253; 1993Supp(3)SCC413

..... has been totally recast with effect from 1.4.93 by finance act, 1992). ..... the question referred for the opinion of the high court, under section 256(1) of the income-tax act, 1961, reads as follows:whether on the facts and in the circumstances of the case, the tribunal was correct in holding that the assessee was entitled, for the assessment year 1973-74, to relief under section 80-t of the income tax act, 1961, on an amount calculated, in terms of the aforesaid provisions, with reference to the gross ..... computed under section 41(2) of the income tax act should be added to the business income before applying the deduction provided by section 80-e and (ii) whether the unabsorbed depreciation and development rebate should be deducted out of such income before applying the deduction provided by ..... placed alongside section 48, as has since been done by the finance act, 1987, with effect from 1.4.88. ..... in short, the principle of the decision is that the income tax officer must first have to arrive at the profits and gains of the business in accordance with sections 28 to 43-a before granting the deduction ..... he computed in accordance with the provisions, contained, in section 45 to 48, among other provisions, occuring under the sub-head 'capital gains' in chapter iv - computation of total income. ..... this appeal is directed against the judgment of the madras high court (reported in : ..... (iii) there shall be allowed, in computing the total income of the assessee, a deduction from such income of .....

Central Board of Direct Taxes and ors. New Delhi Vs. Oberoi Hotels (In ...

Court : Supreme Court of India

Reported in : 1998IVAD(SC)411; AIR1998SC1666; (1998)146CTR(SC)222; [1998]231ITR148(SC); JT1998(2)SC717; 1998(2)SCALE516; (1998)4SCC552; [1998]2SCR501

..... . commissioner of income-tax, : [1990]183itr1(sc) , wherein this court was considering the contention that circular of 1965 of the central board of direct taxes was binding on the authorities under the act and should have been relied upon by the high court in support of the court's construction of section 40(b) to ..... enterprise by the assessee, or in consideration of technical services rendered or agreed to be rendered outside india to such government or enterprise by the assessee, under an agreement approved by the board in this behalf, and such income is received in convertible foreign exchange in india, or having been received in convertible foreign exchange outside india, or having been converted into convertible foreign exchange outside india, is brought into india, buy or on behalf of the ..... respondent on retainer will be rendered on the basis of reimbursement by the foreign enterprise through the respondent of the salaries of respondent personnel during the time they rendered services directly for hotel soaltee and reimbursement of the amounts paid to such consultants under their retainer plus other expenses incurred by such personnel and consultants in performing services for the hotel of the ..... managements, organisation, sales finance and accounts, will ..... amount described as a commission received by the assessee from the madras government under an agreement for stock and distribution of ammonium sulphate was exempted under section 14(3)(iv) of the income tax act, 1992 ..... iii .....

M/S. Continental Construction Ltd. Vs. Commissioner of Income-tax, Cen ...

Court : Supreme Court of India

Reported in : AIR1992SC803; (1992)2CompLJ50(SC); (1992)101CTR(SC)386; [1992]195ITR81(SC); JT1992(1)SC140; 1992(1)SCALE65; 1992Supp(2)SCC567; [1992]1SCR57

..... to add that the approval accorded by this letter is only for the purpose of section 80-o of the income-tax act, 1961, and should not be construed to convey the approval of the central government or central board of direct taxes or any other statutory authority under the government for any other purposes.20. ..... model, design, secret formula or process or trade mark or similar property; (ii) the imparting of any information concerning the working of, or the use of, a patent, invention, model, design, secret formula or process or trade mark or similar property; (iii) the use of any patent, invention, model, design, secret formula or process or trade mark or similar property; (iv) the imparting of any information concerning technical, industrial, commercial or scientific knowledge, experience or skill; (v) the transfer of all or ..... some significance is sought to be attached to the use in sub-section (5) of the words 'notwithstanding anything contained in any other provision under this chapter' and not 'notwithstanding anything done or any approval granted under any other provision' as also the use of the word 'shall not qualify' at the end of ..... mentioned that even while the assessee's applications for approval to the kharkh & diwaniya contracts were pending, the finance act, 1982 had amended the act to insert section 80-hhb with effect from 1.4.1983.21. ..... 14-1992 which is proposing to substitute the word 'technical or professional services' in place of the word 'technical services' now used .....