Judgment Search Results Home > Cases Phrase: finance no 2 act 1965 section 5 amendment of section 33 Page 4 of about 9,476 results (0.178 seconds)

Addl. Commissioner of Income-tax, Madras Vs. Rajah Sir M. A. Muthiah C ...

Court : Chennai

Reported in : [1978]112ITR731(Mad)

..... the question arose because section 244 of the income-tax act, 1961, was amended by the finance act of 1965 by raising the rate of ..... submission on behalf of the revenue at whose instance the question has been referred to this court was that since the law has been charged only from april 1, 1965, the interest at the enhanced rate will be payable only from april 1, 1965, on the amounts of tax that were to be refunded pursuant to the order of the appellate assistant commissioner and not from the expiry of six months from ..... was originally provided for and as a result of the amendment to section 244(1) of the income-tax act, it has been reduced to three months. ..... after the change that has been effected on april 1, 1965, if the section is read without bearing the changes in mind, it is clear that ..... was effected from april 1, 1965, the plain meaning conveyed by the wording of the section cannot be abrogated or nullified in order to give a different meaning ..... that the purpose and object is to provide for interest in all cases where refund had not been actually made before april 1, 1965, from the date of expiry of six months from the date of the order referred to in section 240. ..... section 240 imposes an obligation on the income-tax officer to refund the excess tax that had been collected as a result of an order of the appellate assistant commissioner or as a result of any order passed in appeal or other proceedings under this act.the section does not speak of any other order to be passed by the .....

Thomas John Vs. State of Kerala

Court : Kerala

Reported in : 2010(1)KLT705

..... than the reasonable annual value, the legislature consciously did not provide for a situation where the actual rent received is more than the annual value to be fixed as per sub-clause (i) of sub-section (2) would show that what the legislature contemplated was fixation of value of the building not on the basis of the actual rent received by the owner, but on the basis of annual rent at ..... erecting the building after deducting for depreciation a reasonable amount which shall, in no case, be less than twenty per cent of such cost; and(b) machinery and furniture shall be excluded from valuations under this section:provided further that where the annual value of any building or land which is occupied by or adjacent and appurtenant to buildings is attributable partly to the use of such land or building or any portion thereof ..... section 234 of the kerala municipality act, stands amended by section 76 of the amendment act ..... (2)(i) notwithstanding anything contained in kerala buildings (lease and rent control) act, 1965 (2 of 1965) for the time being in force, the annual value of buildings and lands which are occupied by, or adjacent and appurtenant to buildings shall be deemed to be the gross annual rent at which they may ..... a revision petition under rule 11 of schedule ii of the taxation and finance rules framed under the kerala municipalities act, 1960, which continued to be in force despite the bringing into force of the kerala municipality act, 1994, by virtue of section 575 of the new act. .....

Commissioner of Income-tax Vs. Upper Ganges Sugar Mills Ltd.

Court : Kolkata

Reported in : (1985)49CTR(Cal)28,[1985]154ITR308(Cal)

..... by section 9 of the amending act, an explanation was provided to the following effect (see [1965] 58 itr 3) :'in this section, 'charitable purpose' does not include any purpose the whole or substantially the whole of which is of a ..... the distinction between a charitable purpose and a religious purpose is implicit in section 88 of the act also because that section contains a separate provision for a rebate of income-tax in respect of donations made for the purpose of renovation or repair of a temple, mosque, gurdwara, church or any other place notified by the government to be of historic, archaeological or artistic importance or to be a ..... this interpretation will have the effect of widening the scope of the above-mentioned provision in the income-tax act by way of enabling assessees to claim a rebate of income-tax in respect of donations made to institutions or funds established for a religious ..... 1965, the reasons for providing the explanation was stated as under (see [1965] 57 itr 68) :'donations made by an assessee to an institution or fund established in india for a charitable purpose qualify for a rebate of income-tax, subject to certain monetary limits, under section 88 of the income-tax act. ..... the deduction from the total income that was allowable under section 88 was only in respect of donations to certain specified institutions or to any institution or fund established in india for a ..... section 88 was amended by finance ..... memorandum explaining the provisions of the finance (no. .....

Sri Sitanath Mukherjee Vs. Controller of Estate Duty, West Bengal.

Court : Kolkata

Reported in : [1968]70ITR53(Cal)

..... 'in making the aforesaid observations their lordships were not oblivious of the amendment introduced to section 10 of the estate duty act, by the finance act of 1965, by which there was a proviso added to the effect that a house or a part thereof taken under gift made to the spouse, son, daughter, brother or sister, shall not be deemed to pass on the donors death ..... estate on the they that the gifted properties also passed on the death of the deceased.if the properties covered by the deed of gift did not fall outside the mischief of section 10, then they should be treated as property passing also under section 5 of the act.in the view that we take, we answer the question referred to this court in the affirmative and against the assessee.the assessee must pay costs of this reference to the ..... the deceased to his son, only meant that this was something which the deceased did not then purport to give and which should be ignored for purpose of liability under section 10 of the act.the board dismissed the appeal holding, inter alia, that the gifted properties were correctly included in the estate of the deceased as property deemed to have passed on the death, under ..... earl gray, with regard to an analogous provision under section 38(2) of the customs and inland revenue act, 1881, as amended by section 11 of the customs and island revenue act, 1889.the second part of the section has two limbs : the deceased must be entirely excluded, (i) from the property, and (ii) from any benefit .....

V. Pattabhiraman Vs. the Assistant Commissioner of Urban Land Tax,

Court : Chennai

Reported in : AIR1971Mad61

order:--137. by virtue of the opinions of the majority of the full bench, section 6 of madras act xii of 1966 must be struck down, as violative of articles 19(1) and 14 of the constitution of india. it follows that all the proceedings before us under article 226 of the constitution will have to be allowed, but there will be no order as to costs.138. petitions allowed.

Deputy Director of Tax Credit Vs. National Company Ltd.

Court : Kolkata

Reported in : 76CWN1,[1972]86ITR219(Cal)

..... the finance act, 1965, introduced chapter xxiib comprising sections 280y to 280ze of the income-tax act, 1961. ..... 1226: 'in exercise of the powers conferred by section 280ze of the income-tax act, 1961, read with section 280zc thereof and of all other powers enabling it in this behalf, the central government hereby makes the following further amendments to the tax credit certificate (exports) scheme, 1965, namely :-- in the said scheme, in paragraph 3,-- (a) in sub-paragraph (1), the brackets and figure '(1)' at the commencement shall be omitted and before the table, the following proviso shall be inserted, namely :-- 'provided ..... this notification reads as follows:'in exercise of the powers conferred by section 280ze of the income-tax act, 1961, read with section 280zc thereof and of all other powers enabling it in this behalf, the central government hereby makes the following further amendment to the tax credit certificate (exports) scheme, 1965, namely:-- in the said scheme, paragraph 3 shall be re-numbered as sub-paragraph (1) of that paragraph and after sub-paragraph (1) as so re-numbered (as sub-paragraph (1) of that paragraph), the following sub .....

B. Govindraj Hegde Vs. State of Karnataka, Department of Finance and E ...

Court : Karnataka

..... draft of the following rules further to amend the karnataka excise (sale of indian and foreign liquor) rules, 1968, was published as required by sub-section (1) of section 71 of the karnataka excise act, 1965 (karnataka act 21 of 1966) in notification no. ..... and restaurants association and ors (2013) 8 scc 519 dealing with the right of dance performers in hotels and bars which was banned by rules amended by the bombay police act, 1951 and such an amendment of s.33 a and b effected by the amendment act of 2005 was struck down by the hon ble supreme court with the following relevant observations: 108: the high court has held that the classification ..... , in exercise of the powers conferred by section 71 of the karnataka excise act, 1965 (karnataka act 21 of 1966), the government of karnataka hereby ..... the amendment in the rules is in conflict with the existing rules and regulatory provisions enacted in the karnataka excise act, 1965 and other ..... hon ble supreme court in the case of r chandevarappa and ors vs state of karnataka (1995) 6 scc 309 and upholding the provisions of the sc/st (prohibition on transfer of certain lands) act, 1978 enacted by the state of karnataka and karnataka revenue code, the court held that the prohibitory clause is absolute in terms and stipulated to effectuate the constitutional policy and therefore, the alienation of ..... sd/- under secretary to government (in-charge) finance department (excise) 4. ..... extenso for ready reference:finance secretariatnotificationno. .....

Commissioner of Income-tax Vs. Straw-board Mfg. Co. Ltd.

Court : Punjab and Haryana

Reported in : [1975]98ITR78(P& H)

..... applications to the tribunal for referring the following questions to this court under section 256(1) of the act which were allowed : assessment year 1965-66; 'whether, on the facts and in the circumstances of the case, the appellate tribunal was right in law in holding that 'straw-board' is covered by the term 'paper and pulp' appearing in paragraph f of part i read with part iii of the first schedule to the finance act, 1965 (act no. ..... by the finance act, 1965. ..... fifth schedule to the a,ct as substituted by the finance act of 1965. ..... the assessee-company also claimed benefit under section 80e which was inserted by the finance act, 1966, with effect from april l, 1966, to the extent of its income determined by the income- ..... been made to the industries act in the fifth schedule of the act, and in the finance acts relating to the relevant years ..... assessee claimed concessional rates of income-tax, development rebate at a higher rate and deduction under section 80e of the income-tax act, 1961 (hereinafter referred to as 'the act'), in respect of profits and gains on the ground that the manufacture of straw-board was ..... this item was amended by the finance act, 1966, and the words 'including newsprint' was added after the ..... it is then submitted by him that the schedule was amended later on and the words 'including newsprint' were added ..... thus the amended entry is as follows i'paper and pulp ..... the amendment of item no, 16 in the year 1966 by addition of the words 'including newsprint' also does not .....

Commissioner of Wealth-tax Vs. Lalchand Singhai

Court : Madhya Pradesh

Reported in : (1981)25CTR(MP)123; [1983]140ITR314(MP); 1981MPLJ354

..... , there could be no debate on the question that the word 'jewellery' at least covers precious stones and ornaments containing precious stones, and if assets of this nature were excluded in an assessment made before the enactment of the finance act, it would become apparently erroneous in view of the retrospective amendment in section 5(1)(viii) and would be open to rectification under section 35.9. ..... section 5(1)(viii) as amended by the finance act and the explanation added by that act were considered by this court in cwt v. ..... it was next contended by the learned counsel for the assessee that the meaning of jewellery in the expression 'but not including jewellery' as inserted in section 5(1)(viii) by the finance act is itself ambiguous and as the scope of the amendment is debatable, the wto had no jurisdiction to rectify the assessment under section 35. ..... it would be seen that on 22nd march, 1971, when the aac allowed the exemption in respect of jewellery intended for personal use, the words 'but not including jewellery' were not in section 5(1)(viii) and the order passed was correct in law as it was in line with the decision of the supreme court in arundhati balkrishna's case : [1970]77itr505(sc) . ..... the inevitable consequence of giving effect to this fiction is that the assessee wasnot entitled to an exemption in the assessment year 1965-66, in respect of jewellery under section 5(1)(viii). ..... the relevant assessment year is 1965-66, the valuation date being 31st march, 1965. .....

B Govindaraj Hegde, 53 Yrs Vs. State of Karnataka - By Its Prl. Secret ...

Court : Karnataka

..... 3 the relevant final notification published on 9.6.2014 is quoted in extenso for ready reference: finance secretariat notification no.fd14pes2013 bangalore, dated:09.06.2014 whereas the draft of the following rules further to amend the karnataka excise (sale of indian and foreign liquor) rules, 1968, was published as required by sub-section (1) of section 71 of the karnataka excise act, 1965 (karnataka act 21 of 1966) in notification no.fd14pes2013dated 20-01-2014 in part-iv-a of the karnataka gazette (extra ordinary) no.fd41dated 20-01-2014 inviting objections and suggestions from ..... now, therefore, in exercise of the powers conferred by section 71 of the karnataka excise act, 1965 (karnataka act 21 of 1966), the government of karnataka hereby makes the following rules, namely:- and whereas the said gazette was made available to the ..... . the amendment in the rules is in conflict with the existing rules and regulatory provisions enacted in the karnataka excise act, 1965 and other subordinate rules like r5and 12 of the ..... ) 8 scc519dealing with the right of dance performers in hotels and bars which was banned by rules amended by the bombay police act, 1951 and such an amendment of s.33 a and b effected by the amendment act of 2005 was struck down by the hon ble supreme court with the following relevant observations:108. ..... the license shall be bound by the provisions of the karnataka excise act, 1965, and any general specific rules prescribed or which may from time to time be prescribed .....