Judgment Search Results Home > Cases Phrase: finance no 2 act 1977 Sorted by: old Court: andhra pradesh Page 1 of about 548 results (0.070 seconds)

Elkem Technology, by Gpa Sponge Iron India Limited Vs. the Deputy Comm ...

Court : Andhra Pradesh

Reported in : (2001)169CTR(AP)49; [2001]250ITR164(AP); [2001]117TAXMAN382(AP)

..... clause (vii) of section 9 was inserted by the finance act, 1976, with effect from 1.6.1976 and a proviso was added to it by the finance (no.2) act, 1977, with effect from 1.4.1977. ..... of clause ii of the agreement the payments made by the indian company to the non-resident company were for the purchase of equipment and towards consideration for construction of the project and therefore section 9(1)(vii) of the act are not applicable and the explanation 2 to the said provision would operate.8. ..... the assessee referred to explanation 2 of section 9(1)(vii) of the income tax act,1961 (for short 'the act'), to claim that the payment does not come under the definition of `fees for technical services'.the assessing officer has rejected the above contention of the assessee stating that in terms of clause ii(1)(b) of the contract ..... section 9 of the act deals with the income deemed to accrue or arise in india. ..... it is against the said order, the above appeal is preferred in terms of section 260a of the act.3. .....

Elkem Technology Vs. Deputy Commissioner of Income Tax, (Assts), Spl. ...

Court : Andhra Pradesh

Reported in : 2001(3)ALD231

..... clause (vii) of section 9(1) was inserted by the finance, act, 1976, with effect from 1-6-1976 and a proviso was added to it by the finance (no.2) act, 1977, with effect from 1-4-1977. ..... of clause ii of the agreement the payments made by the indian company to the non-resident company were for the purchase of equipment and towards consideration for construction of the project and therefore section 9(1)(vii) of the act are not applicable and the explanation 2 to the said provision would operate.10. ..... the assessee referred to explanation 2 of section 9(1)(vii) of the income tax act, 1961 (for short 'the act'), to claim that the payment does not come under the definition of 'fees for technical services'.3. ..... section 9 of the act deals with the income deemed to accrue or arise in india. ..... it is against the said order, the above appeal is preferred in terms of section 260-a of the act.4. .....

Commissioner of Income Tax, VijayawadA. Vs. Ms.O.R.Distilleriesltd., T ...

Court : Andhra Pradesh

..... section 32a of the act was inserted by the finance (no.2) act, 1977. ..... in commissioner of income tax v sangrur vanaspati mills ltd.16 the punjab and haryana high court while construing the word "soap" in entry 4 of the eleventh schedule of the act held that the word "soap" having been grouped with "toothpaste", "dental cream", "tooth powder", the intention of the parliament was to include only the "soap" meant for human hygiene, ..... and in the circumstances of the case, the itat is correct in law in holding that the assessee-company is entitled to investment allowance u/s.32a of the i.t.act, 1961 for the assessment year 1985-86, 1986-87 and 1989-90 and also deduction under section 32ab for assessment year 1989-1990? ..... standing counsel for income tax would submit that section 32a(2)(iii) read with item 1 of eleventh schedule of the act does not enable the assessee to claim investment allowance as they are engaged in the manufacture and production of alcoholic ..... in this regard by the speech of the finance minister while introducing the finance (no.2) bill, 1977, which reads as under.15. ..... speech of the finance minister while introducing the finance (no.2) bill, 1977, in the parliament on 17.06.1977. ..... in sraya industries the delhi high court while interpreting item 1 of the eleventh schedule of the act agreed with the submission of the assessee that beer and wine are meant for human consumption and therefore the expression of "other alcoholic spirits" has to be interpreted as those alcoholic .....

Commissioner of Income Tax, VijayawadA. Vs. Ms.O.R.Distilleries Ltd., ...

Court : Andhra Pradesh

..... of section 32a of the act was inserted by the finance (no.2) act, 1977. ..... in commissioner of income tax v sangrur vanaspati mills ltd.16 the punjab and haryana high court while construing the word "soap" in entry 4 of the eleventh schedule of the act held that the word "soap" having been grouped with "toothpaste", "dental cream", "tooth powder", the intention of the parliament was to include only the "soap" meant for human hygiene, ..... and in the circumstances of the case, the itat is correct in law in holding that the assessee-company is entitled to investment allowance u/s.32a of the i.t.act, 1961 for the assessment year 1985-86, 1986-87 and 1989-90 and also deduction under section 32ab for assessment year 1989-1990? ..... standing counsel for income tax would submit that section 32a(2)(iii) read with item 1 of eleventh schedule of the act does not enable the assessee to claim investment allowance as they are engaged in the manufacture and production of alcoholic ..... in this regard by the speech of the finance minister while introducing the finance (no.2) bill, 1977, which reads as under. ..... speech of the finance minister while introducing the finance (no.2) bill, 1977, in the parliament on 17.06.1977. ..... in sraya industries the delhi high court while interpreting item 1 of the eleventh schedule of the act agreed with the submission of the assessee that beer and wine are meant for human consumption and therefore the expression of "other alcoholic spirits" has to be interpreted as those alcoholic .....

Commissioner of Income Tax, VijayawadA. Vs. M/S.O.R.Distilleries Ltd., ...

Court : Andhra Pradesh

..... section 32a of the act was inserted by the finance (no.2) act, 1977. ..... in commissioner of income tax v sangrur vanaspati mills ltd.16 the punjab and haryana high court while construing the word "soap" in entry 4 of the eleventh schedule of the act held that the word "soap" having been grouped with "toothpaste", "dental cream", "tooth powder", the intention of the parliament was to include only the "soap" meant for human hygiene, ..... and in the circumstances of the case, the itat is correct in law in holding that the assessee-company is entitled to investment allowance u/s.32a of the i.t.act, 1961 for the assessment year 1985-86, 1986-87 and 1989-90 and also deduction under section 32ab for assessment year 1989-1990? ..... standing counsel for income tax would submit that section 32a(2)(iii) read with item 1 of eleventh schedule of the act does not enable the assessee to claim investment allowance as they are engaged in the manufacture and production of alcoholic ..... in this regard by the speech of the finance minister while introducing the finance (no.2) bill, 1977, which reads as under. ..... speech of the finance minister while introducing the finance (no.2) bill, 1977, in the parliament on 17.06.1977. ..... in sraya industries the delhi high court while interpreting item 1 of the eleventh schedule of the act agreed with the submission of the assessee that beer and wine are meant for human consumption and therefore the expression of "other alcoholic spirits" has to be interpreted as those alcoholic .....

Commissioner of Income Tax, VijayawadA. Vs. M/S.O.R.Distilleriesltd., ...

Court : Andhra Pradesh

..... section 32a of the act was inserted by the finance (no.2) act, 1977. ..... in commissioner of income tax v sangrur vanaspati mills ltd.16 the punjab and haryana high court while construing the word "soap" in entry 4 of the eleventh schedule of the act held that the word "soap" having been grouped with "toothpaste", "dental cream", "tooth powder", the intention of the parliament was to include only the "soap" meant for human hygiene, ..... and in the circumstances of the case, the itat is correct in law in holding that the assessee-company is entitled to investment allowance u/s.32a of the i.t.act, 1961 for the assessment year 1985-86, 1986-87 and 1989-90 and also deduction under section 32ab for assessment year 1989-1990? ..... standing counsel for income tax would submit that section 32a(2)(iii) read with item 1 of eleventh schedule of the act does not enable the assessee to claim investment allowance as they are engaged in the manufacture and production of alcoholic ..... in this regard by the speech of the finance minister while introducing the finance (no.2) bill, 1977, which reads as under. ..... speech of the finance minister while introducing the finance (no.2) bill, 1977, in the parliament on 17.06.1977. ..... in sraya industries the delhi high court while interpreting item 1 of the eleventh schedule of the act agreed with the submission of the assessee that beer and wine are meant for human consumption and therefore the expression of "other alcoholic spirits" has to be interpreted as those alcoholic .....

S. Venka Reddy Vs. Commissioner of Income-tax, Andhra Pradesh-ii, Hyde ...

Court : Andhra Pradesh

Reported in : [1986]157ITR489(AP)

..... the following question of law is referred for the opinion of this court : 'whether, on the facts and in the circumstances and on a correct interpretation of part ia of paragraph a of the schedule to the finance act read with the relevant provisions of the income-tax act, the tribunal is correct in holding that the word 'member' occurring therein takes in a female member of, a mitakshara hindu undivided family and, therefore, the assessee-hindu undivided family is rightly assessed to tax at the higher ..... ii, part i of schedule i to the finance act. ..... this reference is made by the income-tax appellate tribunal at the instance of the assessee under section 256(1) of the income-tax act, 1961. .....

Commissioner of Income-tax Vs. Sri Venkateswara Hatcheries (P) Ltd.

Court : Andhra Pradesh

Reported in : (1988)71CTR(AP)80; [1988]174ITR231(AP)

..... 2, whether the assessee could be regarded as an industrial company within the meaning of the finance acts of 1977 and 1979, it is not disputed that once the assessee is considered as an industrial undertaking engaged in the production of articles, it so qualifies. ..... the assessee also claimed that it is an industrial company, as defined in the finance acts, 1977 and 1979, and was consequently entitled to be taxed at the cessional rate provided in the finance acts for industrial companies. ..... we, accordingly, hold that the assessee is an industrial company within the meaning of the finance acts of 1977 and 1979. ..... as a necessary corollary, the income-tax officer also rejected the assessee's claim to be regarded as an industrial company as defined under the finance acts of 1977 and 1979. ..... finally, section 80jj was omitted by the finance act, 1985, with effect from april 1, 1986, so that an assessee is no longer entitled to claim deduction under this head. ..... whether, on the facts and in the circumstances of the case, the appellate tribunal was justified in holding that the assessee is an industrial company within the meaning of the finance act of the relevant assessment year 3. ..... 4 above referred need not be answered, as the assessee had represented to the tribunal after the order was passed, giving up its claim for agricultural development allowance under section 35c of the act for the assessment year 1977-78 for certain technical reasons and the matter had already been rectified. .....

Commissioner of Income Tax Vs. Venkateswara Hatchery (P) Ltd.

Court : Andhra Pradesh

Reported in : (1998)144CTR(AP)251; [1997]227ITR116(AP); [1996]86TAXMAN235(AP)

..... of the very same assessees - sri venkateswara hatcheries' case (supra) - this court observed that once an assessee is considered as an industrial undertaking engaged in the production of articles, it has to be regarded as an industrial company within the meaning of the finance acts, 1977 and 1979. ..... plantations observed that the intention in employing the word 'produced' in the definition of 'dealer' under kerala general sales tax act was 'to introduce an element of volition and effort involving the employment of some process for bringing into existence the goods'. 6. ..... he came to the conclusion that livestock is movable property and, therefore, comes within the expression of 'goods' as defined in the ap general sales tax act as well as art. ..... 256(1) of the it act by the cit, karnataka (central), bangalore, the tribunal referred the following four questions of law arising out of the order of the tribunal, dt 10th june, 1986 in ita no. ..... 32a of the it act. 7. ..... 32a of it act. .....

K. Venkata Reddy Vs. Commissioner of Income Tax, A.P.ii, Hyd. and Anot ...

Court : Andhra Pradesh

Reported in : 2001(4)ALD51; 2001(4)ALT160

..... as per section 67 of the finance act, 1977, the petitioner has to make payment of tax on the disclosed income within three months from the date of filing the declaration ..... it was held by the gujarat high court that the language of section 67(1) of the finance act is very clear that the declarant has to make payment of tax within three months from the date of filing of the declaration and the department could not insist that the period should be counted in days ..... therefore, it would be appropriate to look into the exact provision, which contemplates the payment of the tax, after receiving the intimation.section 90 of the finance act provides for determination and payment of the tax in pursuance of the declaration filed under section 88 of the finance act, which reads as under:90. ..... the said declaration was for the assessment years 1993-94 and 1994-95, showing the tax arrears at rs.74,390/- and rs.1,14,598/- respectively, a certificate of intimation in form 2-a under section 90(1) of the finance (no.2) act, 1998 was issued to the petitioner. ..... the dispute is whether the said presentation of the cheque on 27-3-1999 would amounts to the payment of tax within the time prescribed under section 90(2) of the finance act, 1998. ..... petitioner contended that though the tax payable under the scheme was paid on 30-3-1998, he was not granted a certificate under section 68(2) of the finance act, 1997. ..... (supra) with referenceto the voluntary disclosure of income scheme, 1997 under the finance act, 1997. .....