Judgment Search Results Home > Cases Phrase: finance no 2 act 1977 section 34 amendment of act 61 of 1956 Court: chennai Page 1 of about 92 results (0.149 seconds)

Bharathidasan University, Palkalai Perur, Tiruchirapalli Rep. by Its R ...

Court : Chennai

Reported in : 1998(3)CTC236; (2001)8SCC676; AIR2001SC2861

..... the learned senior counsel for the appellant in w.a.no.1326 of 1998, in reply took us through some provisions of (the) all-india institute of medical sciences act, 1956, (the indian) medical council act, 1956, (the) indian medicine central council act, 1970 and (the) national council for teacher education act, 1993 to state that in these acts, there are specific provisions so as to include university in the matter of seeking prior approval or permission of the council in the matter of starting courses ..... section 2 of the defence of india act, 1939, as amended by s.2 of the defence of india (amendment) act, 1940, conferred upon the central government the power to make such rules as appeared to it 'to be necessary or expedient for securing the defence of british india, the public safety, the maintenance of public order or the ..... a technical institute within the meaning of section 2(h) of the act; the university cannot start a course on the lines of a self-financing institute. ..... 'the above statement of the law supports our view that the order of the board dated 28.6.1977, declining to implead 'respondents 3 and 4 which stood confirmed in revision concludes the matter against respondents ..... fees, the prospectus indicates the collection of amount under other heads, which are not normally charged by the self-financing engineering colleges in the state of tamil nadu. ..... been created under a statute, it cannot conduct itself as a self-financing college in admitting students to technical courses. .....

The Madras Aluminium Co. Ltd. Vs. the Joint Secretary, Ministry of Fin ...

Court : Chennai

Reported in : 1979CENCUS91D

..... rate of such levy is prescribed under item 27(a) to the first schedule of the act as amended by the finance acts and for the purpose of these proceedings, the rate was prescribed by the finance act 19 of 1970, the rate being ad valorem 25 per cent plus special duty under section 33 of the finance act of 1970 equal to 20,perc ent of the duty chargeable i.e. ..... inclusiveof excise duty (per metrictonne) 5,850 5,850ex-factory price exclusiveof excise duty (per metrictonne) 4,500 4,790.08assessable value (per 3,243 4,790.08metric tonne)duty (per metric tonne) 972.90 1,059.92________________________________________________section 3 of the act reads:(1) there shall be levied and collected in such manner as may be prescribed duties of excise on all excisable goods, other than salt which are produced or manufactured in india and a duty on salt manufactured in, or imported by ..... in exercise of the powers conferred by section 3 of the essential commodities act, 1955 (10 of 1955) the central government hereby makes the following order to amend the aluminium (control) order, 1970 ..... this writ petition coming on for hearing on monday, the 20th day of june, 1977 upon perusing the petition and the affidavit filed in support thereof the order of the high court dated 19.2.1974 and made herein and the counter affidavit filed herein and the records relating ..... facts leading to the writ petition are as follows:the madras aluminium company, limited, the petitioner is a company registered under the companies act of 1956. .....

Ags Entertainment Private Limited Vs. Union of India

Court : Chennai

..... w.p.no.1676 of 2013 is filed under article 226 of constitution of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 of the constitution of india declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii and article 14 of the constitution of india. ..... 17245 of 2011 is filed under article 226 of constitution of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii and article 14 of the constitution of india. ..... respondents w.p.no.29398 of 2010 is filed under article 226 of constitution of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii and article 14 of the constitution of india. ..... , a company registered under the companies act, 1956 having its registered office at no.59, vijayaraghava road, t.nagar, chennai-600 017 rep .....

G.V.Matheswaran Vs. the Union of India

Court : Chennai

..... 33 w.p.nos.14887, 19322, 20982 and 24804 of 2010 are filed seeking a writ of prohibition prohibiting the respondents from (a) giving effect to the provisions of section 65(90a) read with section 65(105)(zzzz) of the finance act, 1994 as amended by the finance act, 2007 and finance act, 2010 (b) levying or attempting to levy, collect or recover from the petitioner, any service tax under the said provisions and (c) levying or attempting to levy, collect or recover from the land owners of the petitioner, any service ..... 32 w.p.nos.24586 and 24588 of 2010 are filed seeking to declare that (i) the impugned provisions, i.e.section 65(105)(zzzz) read with section 65(90-a) of the finance act, 1994, as amended by the finance act, 2010, as null and void and ultra vires and violative of entry 49, list-ii, seventh schedule, articles 14, 19 and 246(3) of the constitution of india, (ii) section 76(a)(6)(h) and section 77 of the finance act, 2010 as null and void and ultra vires the constitution of india insofar as the petitioners are concerned; and (iii) the notification ..... 51 w.p.no.8932 of 2011 is filed by the tamil nadu slum clearance board, seeking to declare the provision of sub-section 9(a) of section 65 of the finance act, as amended by the finance act, 2007, as invalid and this court is not inclined to go into the same as the said provision is intra vires of the constitution in view of the decision taken by this court in paragraph no.30 above, following the decision in home solutions .....

Arun Excello Foundations (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : LC(2007)(3)269

..... 2) act, 2004 w.e.f.1st april, 2005, sub-section (10) as amended by the finance act, 2000 ..... april, 2000 has laid down various conditions and the provisions of section 80-ib amended by various finance acts as amended w.e.f. ..... the learned cit(a) ought to have appreciated that there was no ambiguity nor scope for interpretation in view of the clear language of the section which did not postulate any restriction regarding the extent of shops and commercial establishments under section 80-ib(10) and such restrictions with retrospective effect imposed only by finance act, 2004 w.e.f. ..... order to be eligible undertaking, developing and building housing projects and for claiming deduction under section 80-ib(10), finance act, 2000 w.e.f. ..... april, 2000 by the finance act, 2000 and by the finance act, 2003 and as substituted by the finance (no. ..... seen from the orders of the lower authorities that they have relied mainly on the amended clause (d) of section 80-ib(10) which has been brought on the statute book w.e.f. ..... april, 2000 and the same reads as under: liberalisation of tax holiday to approved housing projects--under section 80-ia of the it act, profits of approved housing projects where the development and construction commences on or after 1st oct. ..... use of the words 'it is declared' is not conclusive that the act is declaratory for these words may, at times be used to introduce new rules of law and the act in the latter case will only be amending the law and will not necessarily be retrospective. .....

Commissioner of Income-tax Vs. L.G. Balakrishnan

Court : Chennai

Reported in : [2002]255ITR339(Mad)

..... the absence of particulars furnished by the assessee 2. whether on the facts and in the circumstances of the case and having regard to the provisions of rule 9(5) of part iv of the first schedule to the finance act, 1979, the appellate tribunal was right in holding that there was neither an obligation on the assessee to return the net agricultural loss for the earlier years in the assessment of those years nor a duty ..... denied the benefit of set off provided for in rule 9 of part iv of the first schedule to the finance act, 1979, as long as the assessee is able to show that he had incurred loss from his agricultural activities in the earlier assessment years after a computation made in accordance with the requirements of the rules provided in the relevant finance acts and that such loss had not been set off against the agricultural income of earlier years ..... those found in the finance act, 1974, are to be found in the finance acts of the years 1975, 1976, 1977 and 1978 ..... . if the assessee is able to show that the result of the computation by applying the rules set out in the finance acts of 1974 and subsequent years prior to 1979, is a loss, the assessee is not to be denied the benefit of having that loss set off against the agricultural income of the previous ..... despite the absence of provisions similar to sections 80 and 139(3) with regard to the need for having the loss determined in the relevant assessment year before claiming the right of carry forward of the loss to subsequent .....

Commissioner of Income-tax Vs. Madras Motor and General Insurance Co. ...

Court : Chennai

Reported in : [1975]99ITR243(Mad)

..... rule has employed a similar language as contained in section 99(1)(iv) as amended by the finance act and for the reasons stated above the dividend income ..... that the assessee is entitled to rebate under section 99(1)(iv) as amended by the finance act, 1964, on the entire gross amount ..... the appellate assistant commissioner took the view that the assessee was not entitled to any rebate on the dividend income at all under the provisions of the finance act, but since the income-tax officer had given a rebate on the dividend income as duly reduced by proportionate expenses incurred by the company he could not find any reason ..... while deleting the provisions of section 99, finance act, 1968, by section 31(3) omitted the words 'received by it' with ..... the finance act of 1964 amended this provision by substituting the following clause (iv):'if the assessee is a company, any dividend received by it from an indian company or a company which has made the prescribed arrangements for the declaration and payment ..... that the entire dividend income should be exempted from levy of corporation tax by virtue of the provisions of section 99(1)(iv) read with the finance act, 1964, paragraph d, part ii. ..... section 44 which enjoins the computation of income of an insurance company without reference to the different heads of income, has obviously a direct bearing on the process of computation of income ; but it has no bearing on the determination of the rate of tax which is prescribed by the relevant finance act .....

Secy. Federn. of Bus-operators Assn. of T.N. Vs. Union of India (Uoi)

Court : Chennai

Reported in : 2001(134)ELT618(Mad); 2006[2]STR411; [2007]6STT49

..... undoubtedly was the requirement but, that is not necessary any more in view of the clearest possible language of the amended provisions like section 65(38) of the finance act, which we have already shown earlier ..... . the learned counsel thereafter contended that the permit contemplated under section 65(52) of the finance act is essentially a 'tourist permit' and since the spare bus owned by the petitioners could be operated only under section 88(8) of the motor vehicles act by way of a special permit and not on the basis of the tourist permit as contemplated under section 88(9) of the motor vehicles act, the provisions of section 65(52) of the finance act would not be applicable and the petitioners plying their spare buses under ..... , therefore, no hesitation first to hold that the first and foremost condition for a person to be held as a 'tour operator' within the meaning of section 65(52) of the finance act is that he must be engaged in the business of operating tours in a 'tourist vehicle' in terms of section 2(43) of the motor vehicles act and in no other type of vehicle and, therefore, necessarily such vehicle must conform to the conditions prescribed under rule 128 of the central motor vehicles rules.15 ..... thereafter, it would be worthwhile to see that under section 65(48)(o) of the finance act, the services provided to any person by a rent-a-cab scheme operator in relation to renting of a cab has been declared to be a 'taxable service' and this service is made taxable under section 66(3) as amended .....

Commissioner of Income-tax Vs. Lakshmi Industries (P.) Ltd.

Court : Chennai

Reported in : [1996]222ITR36(Mad)

..... for the assessment year 1975-76, the assessee claimed that it should be deemed to be an industrial company as defined by section 2(8)(c) of the finance act, 1975, liable to pay tax at a concessional rate, though the assessee itself did not carry on any manufacturing activity during the previous year relevant to the assessment year in question, by virtue of the amount received by it ..... the assessee could not be held to be an industrial company within the meaning of section 2(8)(c) of the finance act, 1975.11. ..... for the assessment year 1978-79, the assessee claimed the same benefit under section 2(7)(c) of the finance act, 1978. ..... act, 1977, even in the abovesaid decision this court pointed out that being the owner of the salt part alone is not sufficient for claiming exemption under section 5(1)(xxxi) of the wealth-tax act ..... 2) act, 1977, and the finance act, ..... 2) act, 1977, and the finance act, ..... instance of the department, the tribunal referred the following common question of law for the opinion of this court under section 256(1) of the income-tax act, 1961, for the assessment years 1977-78 and 1978-79 : 'whether, on the facts and in the circumstances of the case and having regard to the provisions of section 2(7)(c) of the finance (no. ..... decision rendered while considering the provisions for set-off of the loss under section 24(2) of the act cannot be relied upon for the purpose of saying that the assessee is entitled to concessional rate of tax under section 2(7)(c) of the finance (no. .....

The Commissioner of Income Tax Vs. Asoka Betelnut Co. Pvt. Ltd.

Court : Chennai

Reported in : (2003)180CTR(Mad)178

..... by the company as factory, godown, warehouse, hotel or office for the purposes of its business or as residential accommodation for its low paid employees will be excluded from net wealth'.a reading of the speech of the finance minister shows that section 40 of the finance act was introduced as a tax avoidance measure and the sub section (3) of section 40 of the finance act shows that the levy of wealth tax is not confined to assets transferred to closely held companies by the director of the company or his relatives. ..... , madras' has taken the view that the motor cars, owned as stock in trade of the dealer are liable to be taxed as the words used in section 40(3) of the finance act 1983, do not preclude the exclusion of stock in trade from the list of assets to be valued for the purpose of wealth tax. ..... submission of the learned counsel for the assessee that all building used for the purpose of the business is exempt is not acceptable and the acceptance of the said submission would mean that the expression in section 40(3)(vi) of the finance act, factory, godown, warehouse, hotel or office used for the purpose of business would become redundant. ..... ' has taken the view that unless a business asset is excluded from the scope of section 40(3)(vi) of the finance act 1983, the asset though a business asset would be liable to be taxed as the list is exhaustive and when the list does not exclude a particular asset, the asset would be liable to be taxed under wealth tax. .....