Court : Supreme Court of India
Reported in : [1987]167ITR39(SC)
..... to strengthen that contention the learned counsel for the petitioners before the learned trial judge referred to the finance bill, 1965, and the statement of objects and reasons in respect of clause 38 therein which subsequently was enacted as section 38 of the finance act, 1965, effecting the aforesaid amendment in section 131. ..... all the powers of the income-tax officer under section 131 should be rejected mainly on the reason of the particular language that appears in the two sections and also for the reason that was advanced before him by pointing out that in 1965, section 131 was amended by adding "inspecting assistant commissioner of income-tax" which amendment, according to the contentions of the petitioners, would be unnecessary if the meaning attributed to section 135 by the department were correct because in that ..... that distinction has to be kept in mind for considering the matter of the loud fact that an amendment of section 13 of the income-tax act has been carried out by parliament in 1965 by adding the inspecting assistant commissioner, although that officer would have power conferred by section 131 of the act by dint of the provisions in section 135 if the interpretation sought to be put by mr. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1585; (1985)2CompLJ389(SC); (1985)47CTR(SC)349; [1985]155ITR120(SC); 1985(1)SCALE1216; (1986)1SCC43; [1985]Supp1SCR778; 1986(1)LC86(SC)
..... one amendment is however material and that was made by the finance act 1968 by which the words 'received by it' occurring in sub-section (1) of section 80m were omitted with effect from 1st april 1968 so that right from the date of its enactment, section 80m sub-section (1) was to be read as if the words 'received by ..... of the legislation, point out that section 99 sub-section (1) remained in force only up to the close of the assessment year 1964-65 and by an amendment made by the finance act no. ..... by it from an indian company, subject to the provisions contained in the fifth schedule.this provision continued in force up to 1st march, 1965 subject to a minor inconsequential amendment made by the finance act 1964. ..... such income by way of dividends of an amount equal to-(a) where the assessee is a foreign company-(i) in respect of such income by was of dividends received by it from an indian company which is not such a company as is referred to in section 108 and which is mainly engaged in a priority industry80% of such income(ii) in respect of such income by way of dividends other than the dividends referred to in sub-clause (i)65% of such income; (b) where the assessee is a domestic company - ..... of 1965 section 99 sub-section (1) was omitted and chapter vi a and section 85a were introduced in the present act with effect from 1st april, 1965, chapter vi a comprised section 80a to 80d providing for certain specified deductions to be made in computing total income, while section 85a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC1691; (1979)10CTR(SC)393; [1979]118ITR243(SC); (1979)3SCC538; [1979]3SCR984
..... section 99, sub-section (1) however remained in force only upto the close of the assessment year 1964-65 and by an amendment made by finance act 10 of 1965, section 99, sub-section (1) was omitted and chapter vi-a and section 85a were introduced in the present act with effect from 1st april, 1965. ..... it is clear from the notes on clause 31 which subsequently became section 31 of the finance act, 1968 that the amendments retrospectively deleting the words 'received by it' from the opening part of section 99, sub-section (1), clause (iv) and section 85a were made with a view to widening scope of the relief granted under these sections, as it was felt that the presence of these words might render those sections inapplicable in cases where the shares to which the dividend relates are registered in the name of a person other ..... assessment year of so much of the amount of income-tax calculated at the average rate of income-tax on the income so included (other than any such income on which no income-tax is pay able under the provisions of this act) as exceeds an amount of twenty-five per cent thereon;....there were some amendments made in section 85a by finance act, 1966 but they are not material for our present purpose and we need not refer to them. ..... one amendment is, however, material and that was made by finance act 1968 by which the words 'received by it' occurring in sub-section (1) of section 80m were omitted with effect from 1st april, 1968. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC463; [1976]105ITR653(SC); (1977)1SCC90; [1977]1SCR649
..... . it may be mentioned that there has been amendment of section 10 of the act by finance act, 1965 (act 5 of 1965) and a second proviso has been added to that section, according to which a house or part thereof taken under any gift made to the spouse, son, daughter, brother or sister, shall not be deemed to pass on the donor's death by reason only of the residence therein ..... this appeal on certificate is by the controller of estate duty against the judgment of the kerala high court whereby the high court answered the following question referred to it under section 64(1) of the estate duty act (hereinafter referred to as the act) in favour of the accountable persons and against the revenue:whether on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the ..... the assistant controller of fsliite duly by applying the provisions of section 10 of the act included the following items in the estate of the deceased :(1) the ..... however, concerned with section 10 as it stood before (he amendment.14 ..... as to whether gifted property should be held to be a part of the estate of the deceased donor passing on his death for the purpose of section 10 of the act is not always free from difficulty ..... the intention of the legislature in enacting section 10 of the act was to exclude from liability to estate duty certain ..... the case, it is accordingly submitted, is covered by section 10 of the act, and the high court was in error in answering the question referred to it .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1975]101ITR457(SC)
..... the high court found that in view of the notice of demand the liability of the assessee to pay the arrears arose only after the expiry of 35 days and this period had expired before the finance act, 1965, amending section 220(2) of the act and, therefore, the revenue had no jurisdiction to demand payment of the arrears at the rate of 6% interest. ..... soon after the request of the assessee was granted by the income-tax officer, sub-section (2) of section 220 of the act was amended by the finance act, 1965, by which the rate of interest was increased from 4% to 6% per annum. ..... in the instant case the finance act of 1965 became effective from april 1, 1965, and the income-tax officer in his letter dated january 10, 1966, to the assesses had merely given effect to the legal provisions of the finance act by insisting that in view of the variation in the rate of interest under sub-section (2) of section 220 the assessee would have to pay interest at the rate of 6% per annum only from april 1, 1965. ..... the moment the finance act, 1965, came into operation and the rate of interest in sub-section (2) of section 220 was increased from 4% to 6% per annum, any order passed by the income-tax officer would automatically operate in accordance with the finance act with effect from april 1, 1965. ..... the income-tax officer pointed out that this course was necessitated in view of the amendment made by the finance act, 1965. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC43; (1975)2SCC721
..... the high court found that in view of the notice of demand the liability of the assessee to pay the arrears arose only after the expiry of 35 days and this period had expired before the finance act, 1965 amending section 220(2) of the act and therefore the revenue had no jurisdiction to demand payment of the arrears at the rate of 6 per cent interest. ..... 1,34,76,000 by march 15, 1968,soon after the request of the assessee was granted by the income-tax officer, sub-section (2) of section 220 of the act was amended by the finance act, 1965 by which the rate of interest was increased from 4 % to 6 % per annum. ..... in the instant case the finance act of 1965 became effective from april 1, 1965 and the income-tax officer in his letter dated january 10, 1966, to the assessee had merely given effect to the legal provisions of the finance act by insisting that in view of the variation in the rate of interest under sub-section (2) of section 220 the assessee would have to pay interest at the rate of 6 per cent per annum only from april 1, 1965. ..... the moment the finance act, 1965 came into operation and the rate of interest in sub-section (2) of section 220 was increased from 4 percent to 6 per cent per annum, any order passed by the income-tax officer would automatically operate in accordance with the finance act with effect from april 1, 1965. ..... the income-tax officer pointed out that this course was necessitated in view of the amendment made by the finance act, 1965. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC435; [1974]97ITR621(SC); (1975)4SCC176; [1975]2SCR685
..... the amendment brought about by the finance act, 1965 by inserting second proviso to section 10, as observed by this court in the case of george da costa v. ..... the second proviso to section 10 was inserted by the finance act, 1965 (act 10 of 1965).11. ..... . (4) is concerned, the law was subsequently amended by section 35(2) of the finance act, 1959 ..... it may be mentioned that the period 'two years' in sub-section (1) of section 9 and the first proviso to section 10 was substituted for 'one year' by the finance act, 1966 (act 13 of 1966). ..... this appeal by the control of estate duty on certificate is against the judgment of the madras high court whereby that court answered the following question referred to it under section 64(1) of the estate duty act, 1953 (act 34 of 1953) (hereinafter referred to as the act) partly in favour of the assessee and partly in favour of the revenue:whether,, on the facts and in the circumstances of the case, the entire value of the property known as 'mayavaram lodge' or any portion of its value is liable ..... . on a claim by the revenue authorities that on the death in 1921 of the settlor the subject of the settlement had formed part of the settlor's dutiable estate by virtue of section 102 of the new south wales stamp duties act, the judicial committee held that the interest of the son under the settlement in the shares and accumulations of income was ot an absolute vested interest, but was contingent on his attaining the age of 21 years .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC849; [1967]63ITR497(SC); [1967]1SCR1004
..... the amendment brought about by the finance act, 1965 was effective only from april 1, 1965 ..... enjoyment shall not have been thenceforward retained by the donee to the entire exclusion of the donor from such possession and enjoyment, or of any benefit to him by contract or otherwise'. the crux or the section lies in two parts : (1) the donee must bona fide have assumed possession and enjoyment of the property, which is the subject matter of the gift to the exclusion of the donor, immediately upon the ..... . it was argued that this proviso must be taken as legislative interpretation of the section as it stood previous to the amendment and since no right if residence was reserved or secured to the donor under the deed of gift or under any collateral disposition, the imposition of ..... his sons with a view to enable him to continue to reside in the house, it cannot be said that he was 'entirely excluded from possession and enjoyment' within the meaning of the first limb of the section, and therefore the property will be deemed to have passed on the death of the donor and will be subject to levy of estate duty. 9 ..... sen for the respondent that the case of the revenue does not rest upon the second limb of the section but upon the first limb which requires that the donor must have been entirely excluded from possession and ..... construction we hold that the words 'by contract or otherwise' in the second limb of the section will not control the words 'to the entire exclusion of the donor' in the first .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2008)218CTR(SC)433; [2008]305ITR1(SC); JT2008(10)SC17; 2008(11)SCALE540; (2008)9SCC434; 2008AIRSCW6285; 2008(6)Supreme520; 2008(11)SCALE540
..... in this connection, learned counsel urged that vide finance act, 2002, parliament has bodily lifted the definition of the 'local authority' under section 3(31) of the general clauses act, 1897 ('1897 act', for short) and has incorporated the said definition vide explanation inserted in section 10(20) and consequently amc(s) is a 'local authority' and continues to be a local authority even after the said amendment to section 10(20) of the 1961 act. ..... jain (supra) in the context of section 3(31) of the 1897 act as the word 'local authority' was not defined in the payment of bonus act, 1965. ..... under section 32(iv) of the payment of bonus act, 1965 it is stated that nothing in the said 1965 act shall apply to employees employed by an establishment engaged in any industry carried on by or under the authority of any department of the central government or state government or a local authority. ..... jain (supra) was required to consider the question as to whether 'delhi development authority' is a 'local authority' as its employees stood outside the purview of payment of bonus act, 1965. ..... there was no definition of 'local authority' in the said 1965 act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC186; [2005]126CompCas356(SC); 2004(5)CTC376; JT2004(9)SC379; 2004(9)SCALE215; (2005)1SCC496
..... a perusal of the judgment of the high court shows that in holding the impugned section 73 of the act ultra vires of the constitution and other provisions of the indian stamp act, the high court has arrived at four findings: firstly, that the amended section 73 is inconsistent with the other provisions of the act; secondly, that the provision is violative of the principles of natural justice; thirdly, the provision is arbitrary and unreasonable and hence ..... information-dense technological era, when living inevitably entails leaving not just informational footprints but parts of one's self in myriad directories, files, records and computers, to hold that the fourteenth amendment did not reserve to individuals some power to say when and how and by whom that information and those confidences were to be used, would be to denigrate the central role ..... , national bank for agriculture and rural development established under the national bank for agriculture and rural development act, 1981, the life insurance corporation of india established under the life insurance corporation act, 1956, the industrial finance corporation of india established under the industrial finance corporation act, 1948, and such other financial or banking institution owned, controlled or managed by a state government or the central government, ..... , 1965 in ..... state of connecticut: (1965) 381 us 278 in the absence of a specific provision in the us constitution, the court traced the right to privacy as an emanation from ..... 1965 .....
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