Judgment Search Results Home > Cases Phrase: finance act 2005 schedule 9 ninth schedule Page 1 of about 14,177 results (0.127 seconds)

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

Court : Supreme Court of India

..... broadly, however, petitioners have questioned the validity of part xiv read with the 8th and 9th schedules of the finance act 2017, as being ex-facie unconstitutional, arbitrary, in colourable exercise of legislative power, and offensive to the basic structure of the constitution.63. ..... (1) any person appointed as the chairperson or chairman, president or vice-chairperson or vice-chairman, vice-president or presiding officer or member of the tribunals, appellate tribunals, or as the case may be, other authorities specified in column (2) of the ninth schedule and holding office as such immediately before the appointed day, shall on and from the appointed day, cease to hold such office and such chairperson or chairman, president, vice-chairperson or vice- chairman, vice-president or ..... special courts (trial of offences relating to transactions in securities) act, 1992 (27 of 1992); (xi) section 15z of the securities and exchange board of india act, 1992 (15 of 1992); (xii) section 18 of the telecom regulatory authority of india act, 1997 (24 of 1997); (xiii) section 53t of the competition act, 2002 (12 of 2003); (xiv) section 125 of the electricity act, 2003 (36 of 2003); (xv) section 24 of the national tax tribunal act, 2005 (49 of 2005); (xvi) section 30 of the armed forces tribunal act, 2007 (55 of 2007); (xvii) section 37 of the petroleum and .....

Bhushan Industrial Co. (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1983)3ITD198(Chd.)

..... for the purposes of business of generation or distribution of electricity or any other form of power or of construction, manufacture or production of any one or more of the articles or things specified in items 1 to 24 (both inclusive) in the list in the ninth schedule or in the case of new machinery or plant (other than office appliances or road transport vehicles) installed after that date in a small-scale industrial undertaking for the purposes of business of manufacture or production of any other articles or things ..... 32a was inserted by the finance act, 1976 with effect from 1-4- ..... it was contended, it was held by the court that the tribunal was not justified in law in holding that at the time of re-assessment under section 17(1)(a) of the wealth-tax act, 1957, the assessee's claim for exemption in respect of agricultural lands, which claim he should have made at the time of original assessment but omitted to make, is admissible. ..... when the assessee filed the return in response to notice under section 148 of the act issued for the purpose of reassessment under section 147(b) of the act, the assessee made a plea that in filing the return originally, development rebate in respect of bhushan steel rolling mills had ..... a small scale industrial undertaking within the meaning of explanation to sub-section (2) of section 32a of the income-tax act, 1961 ('the act') and was, therefore, entitled to investment allowance under section 32a of the act in the relevant assessment year 1977-78.3. .....

Sangam Enterprises Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1986)15ITD300(Hyd.)

..... after the amendment of section 32a in 1978, reference to the ninth schedule was removed and substituted by a reference to the eleventh schedule, by this it is certainly not possible to say that the meaning of the word 'thing' got expanded ..... the ninth schedule of the act at that time contained a number of items from iron and steel to electronic equipments ..... this section was brought into the statute by the finance act, 1976, with effect from 1-4-1976. ..... we have also stated earlier that the expression 'article or thing' is used because some of the items in the ninth schedule would be better described by the noun 'thing'. ..... apart from this, as shri radhakrishna murthy had pointed out, the eleventh schedule prohibits investment allowance to cinematographic films and projectors.if that is so, then a cinema theatre which is using projectors will certainly not be entitled to investment ..... some of the items mentioned in the ninth schedule could not be properly described as 'article ..... requirement as it stood in 1976 was that industrial undertaking had a business of "construction, manufacture or production of any one or more of the articles or things specified in the list in the ninth schedule to the income-tax act". ..... section 80j made no reference to any items in any schedule.therefore, it was standing alone and not confined to any items in any schedule, was sufficient to take care of all the items an industrial undertaking could ..... , the items mentioned in the ninth schedule are heterogeneous items. .....

income-tax Officer Vs. Elite Sea Foods

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (1983)3ITD348(Coch.)

..... disallowing he has reproduced the words contained in section 32a(2)(6) as it stood before its amendment by the finance (no.2) act, 1977 with effect from 1-4-1978. ..... , whether the investment allowance is to be curtailed because of the reference to articles or things in the ninth schedule.the question whether the assessee was engaged in the manufacture or production was not considered by the ito nor did the ito place this aspect ..... claim in that case was under section 2(6)(c) of the finance act, 1969, namely, whether the assessee there was an industrial ..... may not, however, have any bearing on the question here because those decisions were given on the question whether the company-assessee there was an industrial company in respect of the relevant provisions of the finance acts.10. ..... did not allow this on the ground that the new machinery installed is not for the purpose of construction, manufacture or production of any one or more of the articles or things specified in the ninth schedule to the act. ..... the reference to manufacture or production of the articles specified in the ninth schedule was removed. ..... is, in any way, excluded from being considered under this provision by reason of a reference or non-reference in the relevant schedules to the act. ..... the development rebate under this provision was available only in respect of machinery installed for the purpose of business of construction, manufacture or production of any one or more of the articles or things specified in the fifth schedule. .....

Universal Electrics Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1992]196ITR860(Cal)

..... if a portion of it is attributable to the automobile ancillaries as provided in the relief granted under the section as we have mentioned before, then the assessee should not be deprived of the same as we have mentioned in para f of part i of the first schedule of the finance act, 1965, and similar is the position under section 80e of the income-tax act, 1961. ..... development rebate allowable under section 33 was withdrawn in respect of ships acquired, or machinery or plant installed, after may 31, 1974, except in certain cases specified in section 16 of the finance act, 1974 (later amended by the finance act, 1975). ..... the object of the introduction of the said provision was to encourage and give an impetus to the business of operation of ships or aircraft, generation and distribution of electricity or any other form of power and 24 specified items mentioned in the ninth schedule which are connected with industrial development. ..... for the purposes of business of generation or distribution of electricity or any other form of power or of construction, manufacture or production of any one or more of the articles or things specified in the list in the ninth schedule ... ..... 1 to 23, for the assessment year 1975-76) of the ninth schedule to the act ; and (iv) such new machinery or plant installed after may 31, 1974, in a small-scale industrial undertaking (as defined) for manufacture or production of any article or thing.27. .....

Gammon India Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Reported in : [1997]228ITR691(Bom)

..... tax officer was of the opinion that, as the assessee-company was not engaged in the business of manufacture or production of any one or more of the articles or things specified in the items in the ninth schedule, the assessee was not entitled to the initial depreciation under section 32(1)(vi) of the income-tax act, 1961, as claimed. 3. ..... the earlier claim of the company for the assessment year 1964-65, the tribunal was considering whether a barge could be considered as a ship within the meaning of the expression in section 33 of the income-tax act, 1961, and that the question whether a pontoon could be considered a ship never arose in that matter. 7. ..... out by the tribunal that in common parlance, it is seen as 'construction' of ships and 'construction' of aircraft, and that the same expression was used in the definition of 'industrial company' in the finance act. ..... out that in the ninth schedule, item no. ..... that the word 'construction' found in the provision should not be used disjunctively from the expression 'manufacture or production', and that these words are to be used against specific items mentioned in the ninth schedule. ..... the finding of the commissioner (appeals) and held that in order to obtain initial depreciation, the company should 'construct', 'manufacture' or 'produce' any of the articles mentioned in the ninth schedule. ..... development rebate under section 33 of the income-tax act, 1961, was claimed by the company on the ground that pontoons were 'ships' for the purpose .....

Blue Star Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1985)12ITD285(Mum.)

..... of business of generation or distribution of electricity or any other form of power or of construction, manufacture or production of any one or more of the articles or things specified in items 1 to 24 (both inclusive) in the list in the ninth schedule or in the case of new machinery or plant (other than office appliances or road transport vehicles) installed after that date in a small-scale industrial undertaking for the purposes of business of manufacture or production of any other articles or ..... disallowed the assessee's claim for initial depreciation for the following two reasons: (i) that the assessee did not manufacture items covered by the ninth schedule of the income-tax act, 1961 ; and (ii) also that the machinery or plant in question was not installed for the purpose of business of generation or ..... before us, shri dinesh vyas contended that his case was not that the assessee manufactured items specified in the ninth schedule as erroneously assumed by the ito but that the assessee-company was carrying on the business of generation of electricity with the help of the power generation unit installed by the assessee in ..... two decisions turned on the definition of an 'industrial company' in the finance act, yet they fully support the contentions of the revenue in the present ..... a business and further held that there was no scope for dividing a business into two parts, while considering the scope and ambit of the definition of an 'industrial company', in the finance acts .....

The International Association For Protection Of Intellectual Property ...

Court : Supreme Court of India

..... it is important to notice that the changes brought about in the tenure and age limits were not only through the schedule to the finance act, 2017, but also through its substantive provisions - sections 156 to 182.6 these provisions introduced changes relating to tenure and age limits for members and chairpersons of 19 tribunals ..... appellate board appointed after the commencement of part xiv of chapter vi of the finance act, 2017 (7 of 2017), shall be governed by the provisions of section 184 of that act: provided that the chairperson, vice-chairperson and other members appointed before the commencement of part xiv of chapter vi of the finance act, 2017 (7 of 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 ..... members of the appellate board 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 chairperson, vice-chairperson and other members 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 ..... secondly, eight existing tribunals established under different legislations (specified in the ninth schedule) were abolished and their respective jurisdictions and powers were incorporated into seven existing tribunals, reducing .....

Asian Techs Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (1992)40ITD37(Coch.)

..... company in the accounting years relevant to the assessment years in question, he contended that the definition of 'industrial company' is found for the relevant assessment years in the he contended that as per the definition found in the relevant finance acts, since the assessee is neither engaged in the business of generation or distribution of electricity or in the construction of ships nor in the manufacture or processing of goods or in mining, it is not an industrial company and is not entitled to the levy of tax at ..... in other words, except forsuch machinery which are producing articles or things specified in the eleventh schedule, other machinery which are used for the purpose of business of construction, manufacture or production or any other thing would ..... year 1977-78 investment allowance is allowable if the machinery installed is used for the purposes of construction, manufacture or production of any one or more articles or things specified in the list of ninth schedule. ..... be entitled to investment allowance if the machinery was used in an industrial undertaking for the purpose of the business of construction, manufacture or production of any articles or things, not being an article or thing specified in the list of eleventh schedule. ..... on the ground that the assessee is not an industrial undertaking for the purpose of business of construction, manufacture or production of an article or thing, let alone an article or thing be not included in the list of the eleventh schedule. .....

Commissioner of Income Tax, Orissa and ors. Vs. N.C. Budharaja and Com ...

Court : Supreme Court of India

Reported in : AIR1993SC2529; 1994(45)ECC1; [1993]204ITR412(SC); JT1993(5)SC346; 1993(3)SCALE726; (1993)3SCC631; 1994Supp(1)SCC280; [1993]Supp2SCR185; [1993]91STC450(SC)

..... relied upon by sri murthy are no doubt not decisions rendered under section 80hh or under section 84 - they arose under the relevant finance acts, the question being whether the assessees were industrial companies - they do contain observations which tend to support the stand of the revenue.9. ..... word 'construction' in the sub-clause is thus akin to manufacture or production; similarly the expression 'thing' is used as interchangeable with the expression article; a perusal of the list in the eleventh schedule reinforces this submission inasmuch as the article and things mentioned in the eleventh schedule are all movable; it would not be correct to associate the word 'construction; with the word 'thing', the appropriate way to read them is in the order in which they occur in the ..... prior to the said amendment, the sub-clauses read as follows:(ii) for the purposes of business of construction, manufacture or production of any one or more of the articles or things specified in the ninth schedule; or(iii) in a small-scale industrial undertaking for the purposes of business of manufacture or production of any other articles or things.28. ..... it is equally evident that in these sub-clauses as well as in the ixth schedule and xith schedule, the words 'articles' and 'things' are used inter-changeably. ..... so far as the use of the word 'thing' is concerned, it has no special significance inasmuch as both the ixth schedule and the xith schedule both contain a list of articles or things. .....