Judgment Search Results Home > Cases Phrase: finance no 2 act 1965 preamble 1 finance no 2 act 1965 Page 9 of about 1,462 results (0.155 seconds)

Mafatlal Industries Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : 2002(83)ECC85; 1997(89)ELT247(SC); JT1996(11)SC283; 1996(9)SCALE457; (1997)5SCC536; [1996]Supp10SCR585; [1998]111STC467(SC)

..... . there are now no less than 10 separate excise acts (the excise on kerosene being covered by a part of the indian finance act, 1922) and 11 sets of statutory rules; and there are also 5 acts relating to salt, the duty on which is by a wide margin the oldest of our ..... a responsibility to ensure proper and meaningful interpretation of the directive principle and to adjust or harmonise the objectives enshrined in the preamble - justice, political, social and economic and the directive principles contained in part iv, with the individual rights ..... . state of bombay : [1965]57itr643(sc) in detail, with reference to section 20 of the bombay sales tax act, 1946, and observed thus:the special bench refrained from either accepting the ..... . 481 of 1963, dated 23.4.1965 ; : [1965]57itr643(sc) , while dealing with a similar point, this court has considered the effect of the two decisions of the privy council, one in the case ..... 2scr603 , delivered on september 6, 1965, the said sales were in truth 'outside sales, not taxable under the bombay act ..... . and kamala mills : [1965]57itr643(sc) the constitution bench in ram swamp's case : [1966]2scr553 held that if the proceeding assailed is totally invalid and a nullity or without jurisdiction, the jurisdiction of the civil ..... 1963 dated 23.4.1965: : [1965]57itr643 ..... of the appellant's case is founded on the decision of the constitution bench in kanhaiya lal's case (supra), which was followed by a bench of 7 judges in aluminium industries' case (1965) 16 stc 689 .....

Surajmull Nagarmull and ors. Vs. the Commissioner of Income Tax

Court : Kolkata

Reported in : AIR1961Cal578

..... its title and preamble would thus be necessarily referable to the same, that act was entitled the finance act, 1956, with a further description that it was 'an act to give effect to the financial proposals of the central government for the financial year 1956-57' and these proposals embraced inter alia the conferring of powers on the income-tax authorities as made in the new section 37 (2). ..... power to search and seize as showing the urgent need and the birth struggles of section 37 (2) of the incometax act, (2) budget speech of 1956-57, at pages 40-41 in parliament reported also in 29th volume of the incometax report, (3) the-report of the taxation' enquiry commission 1953-54, 2nd volume page 201 and (4) finally the provisions of the finance act, 1956 introducing: section 37(2) of the incometax act by section 20 thereof stating that it would come into effect from 1st may, 1956. ..... this new sub-section (2),with which we are here more directly concerned, was introduced by an amendment under section 20 of the finance act of 1956 and the broad events, which led to it or necessitated it, may be shortly recounted as follows :98. ..... subba rao, dated the 5th day of july, 1956 in exactly the similar terms as above.section 37(2) of the income-tax act was introduced by the finance act, 1956 with effectfrom 1st april, 1956.12. .....

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... the constitution were catalogued as follows:(1) the supremacy of the constitution;(2) the sovereignty of india;(3) the integrity of the country;(4) the democratic way of life;(5) the republican form of government;(6) the guarantee of basic human rights referred to in the preamble and elaborated as fundamental rights in part iii of the constitution; (7) a secular state;(8) a free and independent judiciary;(9) the dual structure of the union and the states;(10) the balance between the legislature, the ..... in general and article 13(2) in particular;(v) that for abridging or taking away fundamental rights, a constituent body will have to be convoked; and(vi) that the two impugned acts, namely, the punjab security of land tenures act, 1,953 (x of 1953) and the mysore land reforms act, 1961 (x of 1962) as amended by act xiv of 1965 are valid under the constitution not because they are included in schedule 9 of the constitution but because they are protected by article 31-a, and the president ..... constitution. and talking of abuse of powers, is there not the widest scope for doing so under several provisions of the constitution the powers of war and peace, the powers of finance and the powers of preventive detention, are capable of the widest abuse and yet the founding fathers did confer those powers on ..... these acts were passed by the commonwealth parliament for financing the provisions of the child endowment act, 1941 and casting the burden on employers by taxing wages paid by them .....

Zenith Lamps and Electricals Ltd. Vs. the Registrar, High Court and or ...

Court : Chennai

Reported in : (1968)1MLJ37

..... 129, the learned judge said (at page 164):my difficulty further arose from the circumstance that i felt, in the absence of a preamble in this court fees act, whether it was intended to regulate questions of procedure or to regulate the method of the collection of revenue, that is to say, fiscal questions for the purposes of the obtainment of money from the taxpayer in order ..... of taxation is compulsion, that is to say, it is imposed under statutory power without the tax-payer's consent and the payment is enforced by law.a reference to lutz on public finance would show that fees as opposed to taxes are distinguished by this that the ruling principle is special payment for special services. ..... or otherwise arising therefrom shall be levied by the registrar, the sheriff and the reserve bank of india, as the case may be, according to the provisions of the madras court fees and suits valuation act, xiv of 1965.as pointed out at the outset the madras court fees act by its own force is applicable to proceedings on the original side of the high court ..... 47.86 1958-59 117.12 56.07 173.19 135.58 (+) 37.61 1959-60 116.96 52.39 169.35 138.51 (+) 30.84 1960-61 118.96 60.36 179.32 148.51 (+) 30.81 1961-62 126.39 72.07 198.46 157.90 (+) 40.56 1962-63 132.70 85.32 218.02 162.85 (+) 55.17 1963-64 143.96 87.02 230.98 167,37 (+) 63.61 1964-65 150.40 94.90 245.30 173.27 (+) 72.03 1965-66 160.27 97.02 257.29 193.48 (+) 63.81 (revised estimate) 1966-67 160.27 94.66 254.93** 195.99 (+) 58.94 (budget estimate) .....

Mani Lall Sing Vs. the Trustees for the Improvement of Calcutta

Court : Kolkata

Reported in : 44Ind.Cas.770

..... under sections 41 (a) and 42 (a), but the mere fact that the land is included in the scheme framed under section 42 (a) will not justify its acquisition unless it be for the purposes of the act, otherwise it would have been sufficient to say in section 69 that the board may acquire any land sanctioned by the government without the addition of the words for carrying out any of the purposes of the ..... , its provisions should be strictly construed: in construing the words [section 42 (a)] 'affected by the execution of the scheme' we should be guided by the decisions of the courts in england under the lands clauses consolidation act in the case of lands 'injuriously affected by the execution', of the authorised 'works' or undertaking' and we should further have regard to the analogy afforded by the sixth clause of section 24 of the land acquisition ..... of the disputed clause thus arrived at, while it conflicts with nothing in the preamble or any other part of the act, seems to me supported and confirmed by the provisions of section 78 and ..... involves the interpretation of sections 75 and 81 in the manner already touched upon, according to which they were designed to enable the board to make a profit out of the abandoned parts of their various undertakings, or to finance themselves out of land entered in their plans through errors of calculation or judgment.105. ..... are chapter v taxation,;; chapter vi 'finance' chapter vii rules' and chapter viii ..... of the act relate to taxation and finance. ..... finance. .....

The Jt. Commissioner of Income Vs. India Equipment Leasing Ltd.

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2008)111ITD37(Chennai)

..... court has held that merely because the reserve bank of india had directed the assessee to provide for non-performing assets, that direction could not override the mandatory provisions of the income-tax act contained in section 36(1)(viia), which stipulate a deduction not exceeding 5% of total income only in respect of the provision for bad and doubtful debts, which are predominantly revenue in nature or trade ..... range x has held that merely because the reserve bank of india had directed the assessee to provide for non-performing assets, that direction could not override the mandatory provisions of the income-tax act contained in section 36(1)(viia) which stipulate a deduction not exceeding 5% of total income only in respect of the provision for bad and doubtful debts, which are predominantly revenue in nature or trade ..... through the finance act, 1999, whereas nbfcs take advantage of this provision without any finance act/amendment to income-tax act/any specific provision in the income-tax act to ..... further drew our attention to the preamble of reserve bank of india act, 1934 which reads as under: whereas it is a expedient to constitute a reserve bank of india to regulate the issue of the bank notes and keeping of the reserve with a view to securing monitory stability in (india) and generally to operate the currency and credit system of the country to its advantage.thus he submitted that the introducing of reserve bank of india act was never to determine the taxable ..... air 1965 sc .....

Bapuji Educational Association Vs. State

Court : Karnataka

Reported in : AIR1986Kant119

..... , whether managed by government, private body, local authority, trust, university or any other person 'carrying on the activity of imparting education in medicine or engineering leading to a degree conferred by a university established under the karnataka state universities act, 1976 (karnataka act 2.8 of 1976) and any other educational 'institution, or class or classes of such institution as the government may, by notification, specify.2(e) 'government seats' means such number of seats in such educational institution or class or classes of ..... the resultant position would be, that while the preamble of the act speaks of the prohibition of capitation fee for admission to the educational institutions, actually there would be a continued existence of capitation fee for admission as authorised by the act 'itself so long the act is in force and that the coercive provisions of the act intended to curb the evil would come into play if only any amount higher than the amount ..... having due regard to the fact that the finance required for the maintenance of the institutions have to be substantially met out of the amount collected ..... 9 empowers the government to ascertain the finances and resources and assets of an institution by invoking the powers under subsec. ..... this petition concerned with a medical college, and it is well known that it requires considerable finance to maintain such an institution. ..... 3, how the finances of the petitioner-institutions should be utilised, is a matter entirely .....

Sree Narayana College Vs. State of Kerala

Court : Kerala

Reported in : 2010(1)KLT691

..... argued that the inclusive component in the said definition clause has no sweeping effect, but has to get confined to instrumentalities of the government, having regard to the long title and preamble to the rti act expressing the predominant intention that the said legislation is brought in, among other things, to hold governments and their instrumentalities accountable to the governed. ..... it is accordingly pointed out that a body owned, controlled or substantially financed; or, a non-governmental organisation substantially financed, directly or indirectly by funds provided by the appropriate government, can fall within the definition of 'public authority' under the rti act, only if it is one established or constituted by notification issued or order made by the ..... if that were the clear legislative intention, every body owned, controlled or substantially financed by funds provided by the appropriate government; as also, every non-governmental organisation substantially financed by funds provided by the appropriate government, would fall within 'any body established or constituted by notification issued or order made by the appropriate government', which would necessarily fall within sub-clause (d) of clause (h) of ..... in the backdrop of the facts noticed above, an aided private college is a body substantially financed by funds provided, directly or indirectly, by the state government, it is also a body controlled by the state government in relation to various aspects, predominantly .....

Maharshi Mahesh Jogi V.Vishwavidyalaya Vs. State of M.P. and ors.

Court : Supreme Court of India

..... equality in law and equal protection of law as enshrined under article 14 of the constitution, in as much as all other universities, which were being controlled and administered by the state by the 1973 act, enjoy the freedom of setting up any course with the approval of the university grants commission, the appellant alone would be deprived of such a right and liberty by restricting the scope of imparting ..... burden of the appellant was that though under section 4(1), reference to vedic learning and its allied subjects was made in the opening sentence, the university was not established under the 1995 act, only for the purpose of imparting education in vedas alone, but it was intended for spreading the knowledge of vedas and simultaneously to teach sanskrit, science and technology and also ..... in order to appreciate the submissions of the respective counsel, it will be worthwhile to note the un-amended section 4(1), the amended section 4(1), as well as the preamble to the act which are as under: ".4 (i) to provide for instruction in all branches of vedic learning and practices including darshan, agam tantra, itihas, puranas, upvedas and gyan-vigyan and ..... ., all other worldly subjects such as, project management, finance management, crop management, human resource management, mathematics and other sciences for which fundamental basic provisions have been prescribed in vedas and practices ..... deans of schools, the registrar and the finance officer of the appellant university.7. ..... ..... .....

Badri Prasad Baldev Prasad Vs. Aerofil Paper Ltd. Industrial Area, Ban ...

Court : Madhya Pradesh

Reported in : AIR1992MP137; 1992(0)MPLJ668

..... the learned counsel for the petitioner has laid emphasis on the preamble to the act which reads as under:--'an act to enable the state government to make special provisions for a limited period in respect of industrial relations, financial obligations and other like matters in relation to industrial undertakings the running of which is considered essential as a measure of preventing, or of providing ..... union of india, air 1970 sc 540, relied on by the learned counsel for the petitioner, their lordships have held (at page 543 (of air)):--'a preamble is a key to open the mind of the legislature but it cannot he .used to control or qualify precise and unambiguous language of the enactment. ..... it is only when there is a doubt as to the meaning of a provision that recourse may be had to the preamble to ascertain the reasons for the enactment and hence the intention of the parliament.'7. ..... in his submission, 'financial obligation' means, an obligation incurred by an undertaking on account of its activities having been financed by a financial institution such as a bank, government, finance corporation etc. ..... mahant kamal puri (air 1965 mp 183), wherein it has beenheld (at page 184):--'the preamble of a statute is a good means of finding out its meaning and, as it were, a key to the understanding of it. .....