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Commissioner of Income-tax Vs. Kerala State Co-operative Marketing Fed ...

Court : Kerala

Reported in : [1994]207ITR319(Ker)

..... the case of a co-operative society engaged in-- .... (iii) the marketing of the agricultural produce of its members; or . ...' 10. the explanatory note on the finance (no. 2) act of 1967, as could be gleaned from circular no. 5(p) of the central board of direct taxes dated october 9, 1967, is to the effect that section 81(i)(c) of the ..... of the agricultural produce of its members ; or . ...' 9. section 81 was deleted by the finance (no. 2) act of 1967, with effect from april 1, 1968. section 80p was incorporated by the same act with effect from the same date. section 80p(2)(a)(iii) of the act is as follows :'80p. (2) the sums referred to in sub-section (1) shall be ..... act and section 80p(2)(a)(iii) of the act are of similar import. in taxman's direct taxes circulars, volume 2, (fourth edition) 1977, at page 277, it is stated .....

S.P. Jaiswal Estates Pvt. Ltd. Vs. Commissioner of Income-tax (No. 1)

Court : Kolkata

Reported in : [1994]209ITR298(Cal)

..... [1973] 88 itr 80) (f. no. 166/1/73-i. t. (a1)), dated february 17, 1973, issued by the central board of direct taxes, explaining the meaning of industrial company under explanation to section 2(7)(d) of the finance act, 1966. it was explained by mr. poddar, that the expression 'industrial company' is defined each year by the relevant ..... different qualities and blending the same by mixing one type with another, claimed that it was an industrial company within the meaning of section 2(7)(c) of the finance act, 1978, and was entitled to concessional rate of tax. this court held that the assessee was an industrial company entitled to this benefit. there, this court considered ..... is whether the assessee could be said to be an industrial company or not for the purpose of determining the rate of taxes applicable to it under the relevant finance act, 1982. therefore, it is necessary to reframe question no. 1 as under :'whether, on the facts and in the circumstances of the case, the tribunal was .....

Silver Cloud Tea Factory and Another Vs. Union of India and Another

Court : Chennai

Reported in : AIR1994Mad283

..... of tea undertakings. chapter iv provides for the control over the export of tea and tea seeds, chapter v deals with the finance, accounts and audit. chapter vi deals with the control by the central government. section 30 occurs in chapter vi and it deals with the power to control price and distribution of tea or tea ..... which reduces the scope of manipulation. it would, therefore be seen that clause 17 has been framed in public interest. section 30 of the tea act vestes in the central government the 'power to controlprice and distribution of tea and tea waste'. the power to control prices and distribution as can be seen from a reading ..... circumstances and conditions conlempiated in those provisions are left undefined to be legislated upon and such legislative function cannot be delegated. therefore s. 30(3) of the act is invalid,10. secondly, learned counsel for the appellant challenged the validity of the control order, contending that the provisions of the control order are invalid for the .....

Mahabodhi Society of India and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : [1994]209ITR412(Cal)

..... from the income-tax department for any particular property sale.'21. he stressed the fact that the new chapter giving the central government the pre-emptive right of purchase was inserted by the finance act, 1986, in implementation of this long-term policy statement. therefore, this shows the legislative intent to make the limitation rigid ..... competent jurisdiction alone can be added to the period of two months. that the rigidity of limitation is a definite and deliberate legislative act is clear from the observations of the finance minister in the long-term fiscal policy announced in december, 1985. in paragraph 5,30 of the said policy statement, the following ..... interest of the petitioner-society. the order could have been unexceptionable if it were the contemplation of the law that the central government would step into the shoes of thelessee and do all acts necessary for specific performance under the lease agreement. that not being possible, the case is not one that the chapter .....

Reckitt and Colman of India Ltd. Vs. Assistant Collector of Central Ex ...

Court : Andhra Pradesh

Reported in : 1994(72)ELT263(AP)

..... is based on a system of classification derived from international convention of 'harmonised commodity description' and 'coding system' (hsn). the excisable goods under the new central excise tariff act, 1985 has been classified basically using four digit system, with two more digits added for further sub-classification wherever needed. the scheme has been outlined in the ..... international system and is clear and certain to the trade, the very purpose of adopting the international standards would be defeated. it is a pity that the finance minister had to lament that confusion still persists in his observation in para 55 of the budget speech for 1994-95 in the following words : 55. over ..... from the ultramarine blue sold in bulk, as the product did not lose its character by being packed in small packs. it is interesting to note that in the latest finance bill, 1994, the following amendment is proposed. 'in chapter 34, - (a) after note 5, the following note shall be inserted, namely :- 6. in .....

Hindalco Industries Ltd. Vs. Collector of C. Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1994)(73)ELT201TriDel

..... of aluminium wires and rods including wire rods as contained in the earlier tariff continued. in 1988, chapter note to chapter 76 was amended in order to align the central excise tariff with the hsn and by this amendment, separate definitions were introduced for bars, rods, plates, sheets, etc. of aluminium and the chapter notes will prevail ..... rods by properzi process i.e. the process of continuous casting and rolling and the product is commercially known and bought and sold as wire rods only. the finance bill, 1988 introduced on 1-3-1988 contained provisions seeking to amend the entire chapter 76 of the ceta so as to align it with hsn. the tariff ..... which covers aluminium wires. lastly he submits that the change in tariff is effective from 1-3-1988, by virtue of section 3 of the provisional collection of taxes act, 1931. he, therefore, prays that the application be rejected and the applicants directed to deposit the entire duty and penalty.4a. we have heard both sides and carefully .....

industrial Packers and Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1995)52ITD1(Pat.)

..... that the first proviso below section 43b is clarificatory and operative from assessment year 1984-85 retrospectively although the proviso was inserted by the finance act, 1987 w.e.f. 1-4-1988. this decision had been followed by the bombay bench of the tribunal in the case of ..... during assessment year 1986-87.5. the id. counsel for the assessee conceded fairly that section 43b had been inserted by the finance act, 1983 with effect from 1-4-1984, but since section 29 was amended only with effect from 1-4-1989 to include section ..... of unpaid sales tax of rs. 54,319 under section 43b of the income-tax act, 1961.2. the facts, in brief, are that bihar sales-tax amounting to rs. 47,159 and central sales-tax amounting to rs. 7,260 remained unpaid on the last date of the ..... previous year, i.e., 31-12-1985. total amounts to rs. 54,319. the due date for filing the return of income under section 139(1) of the income-tax act, .....

Mukesh Kumar and ors. Vs. Commissioner of Income-tax and ors.

Court : Patna

..... so far as they relate to any matters other than those before the settlement commission.(5) omitted by the finance act, 1987, with effect from june 1, 1987.(6) omitted by the finance act, 1987, with effect from june 1, 1987.(7) the settlement commission shall, subject to the provisions of this chapter, have power to regulate its own procedure and ..... , grant to such person, subject to such conditions as it may think fit to impose, immunity from prosecution for any offence under this act or under the indian penal code (45 of 1860) or under any other central act for the time being in force and also (either wholly or in part) from the imposition of any penalty under this ..... act, with respect to the case covered by the settlement : provided that no such immunity shall be granted by the settlement commission in cases .....

Mukesh Kumar and ors. Vs. Commissioner of Income Tax and ors.

Court : Patna

..... so far as they relate to any matters other than those before the settlement commission.(5) omitted by the finance act, 1987, w.e.f. 1st june, 1987.(6) omitted by the finance act, 1987, w.e.f. 1st june, 1987.(7) the settlement commission shall, subject to the provisions of this chapter, have power to regulate its own procedure and the ..... has been derived, grant to such person, subject to such conditions as it may think fit to impose, immunity from prosecution for any offence under this act or under the ipc (45 of 1860) or under any other central act for the time being in force and also (either wholly or in part) from the imposition of any penalty under this ..... act, with respect to the case covered by the settlement :provided that no such immunity shall be granted by the settlement commission in cases where the proceedings for .....

Varshney General Sales and anr. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : [2003]130STC202(All)

..... and conditions in regard to the system of levy, rates and other incidents of the tax as parliament may by law specify.' 14. parliament enacted the central sales tax act, 1956 and section 3 thereof formulates principles for determining when a sale or purchase of goods takes place in the course of inter-state trade or commerce. ..... except the proceeds attributable to union territories, to the states. the distribution of the proceeds of the additional duties broadly follows the pattern recommended by the second finance commission. provision has been made that the states which levy a tax on the sale or purchase of these commodities after the 1st april, 1958 do not ..... right to levy various taxes on tobacco, by whatever name called. this was with reference to the report of the taxation enquiry commission appointed by the ministry of finance, government of india, in april, 1953, under the chairmanship of dr. john mathai. in the course of its extensive analysis of the various systems of state .....