Court : Kolkata
Reported in : (1992)104CTR(Cal)403
..... learned departmental representative that the provisions of s. 80ab were applicable to the facts of the present case, inasmuch as, we find that s. 80ab was inserted by the finance (no. 2) act, 1980, w.e.f. 1st april, 1981, without having any retrospective effect. on the other hand, we see that the decision of the madras high court in the ..... the appeal of the revenue by observing as under :'we have heard the rival submissions and considered the facts of the case. the insertion of s. 80ab by the finance (no. 2) act, 1980 with retrospective effect from 1st august, 1968 has made it clear that 'where any deduction is required to be made or allowed under any section (except s. ..... case, there was any mistake apparent from the record within the meaning of s. 254(2) of the it act in the tribunals order on ita no. 849(cal) of 1981, dt. 24th september, 1982, which could be rectified by the tribunal by its subsequent order ?'2. the assessment year involved is 1977-78.3. in this case the tribunal allowed .....
Tag this Judgment!Court : Chennai
Reported in : (2001)166CTR(Mad)125; [2000]111TAXMAN643(Mad)
..... is not provided by the employer;'6. it is seen that section 10(14) was amended by the direct tax laws (amendment) act, 1987 with effect from 1-4-1989 and again by the finance act, 1995 with effect from 1-7-1995. consequent on the aforesaid amendment, the special allowance on benefit which is eligible for relief under ..... to the question of reimbursement, the division bench observed as follows:'even according to this notification, unless the allowance is notified under section 10(14)(1) of the act, no portion of it can qualify for tax exemption (p. 52 1)it is further stated that such portion of the incentive/bonus which is actually spent by the ..... of india, southern zonal office against the proceedings of the commissioner of income-tax holding that the additional conveyance allowance is taxable as part of salary income.2. writ petition no. 5987 of 2000 is filed by the association consisting of development officers in the office of life insurance corporation of india praying for the issue of a .....
Tag this Judgment!Court : Kolkata
Reported in : [1988]174ITR672(Cal)
..... the new and the old business according to the capital employed and turnover. the commissioner of income-tax (appeals), however, summarily rejected this contention because of the finance (no. 2) act, 1980, by which a new section 80aa had been inserted with effect from april 1, 1968, according to which, for the purpose of computing the deductions ..... claimed this relief in its letter dated february 8, 1979. the commissioner of income-tax (appeals), however, rejected this claim on the ground that by the finance (no. 2) act, 1980, a new section 80aa had been inserted with retrospective effect from april 1, 1968, according to which, for the purpose of computing the deductions under ..... the reassessment proceedings ?'the dispute in this reference relates to the assessees claim for relief under sections 80j and 80-i of the income-tax act, 1961. there was no specific discussion in the order of the income-tax officer but in the appellate order passed by the commissioner of income-tax (appeals), it was .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)203CTR(P& H)218; [2005]274ITR495(P& H)
..... mind that section 80i was a dead section during the period april 1, 1973, to april 1, 1981. section 80i was brought back into the income-tax act by the finance (no. 2) act, 1980, with effect from april 1, 1981. under section 80i, as inserted with effect from april 1, 1981, it was provided that where the gross total ..... get the tax-holiday for the entire period as promised. however, after april 1, 1989, section 80j was deleted. it is for this reason that the same finance (no. 2) act, 1980, which reintroduced section 80-i, also brought into force, the bracketed portion in section 80hh(9). reading the bracketed portion in section 80hh(9), it is ..... income by the amount of deduction under section 80hh of the act by the direct taxes (amendment) act, 1974, with effect from april 1, 1974, was inserted. section 80i was inserted in its present form by the finance (no. 2) act, 1980, with effect from april 1, 1981, and by the same finance (no. 2) act, section 80hh(9) was amended and the words 'section .....
Tag this Judgment!Court : Karnataka
Reported in : 1988(17)LC83(Karnataka)
..... is:whether a new marketable commodity emerges, by lacquering or printing or both on the collapsible tubes and is exigible to duty under the central excise act under the amended provisions of finance (no. 2) act of 1980 ?8. prior to the amendment, excise duty was levied only on bare aluminum tubes. the case of the petitioners is that to ..... supplied by the manufacturer or trader.60. re : the constitutionality of the provisions of section 2(f) and tariff item 27 in the i schedule to the central excises and salt act, 1944, as amended by finance (no. 2) act of 1980, and also note no. 2 of chapter 83 (amended by) and tariff item 8312.11 (now chapter 76 and heading 76 ..... printed or lacquered and printed.4. in the writ petition the petitioners have challenged the constitutional validity of the amended section 2(f) and tariff item no. 27 in the first schedule referred to above as amended by finance (no. 2) act of 1980.5. an amendment to the petition was sought by i.a.i. to amend the writ petition to .....
Tag this Judgment!Court : Allahabad
Reported in : (2006)202CTR(All)343
..... the cooperative society from its investment with any other cooperative society, it is subject to the provisions of section 80ab of the act, which was inserted by finance (no.2) act, 1980 with effect from 1stapril, 1981. section 80b(5) of the act is of no relevance as it defines gross total income. it does not specify as to whether deduction of the gross income or net ..... decides on the applicability of the later judgment to the facts under consideration on it.'12. it may be mentioned here that the legislature by the finance (no.2) act, 1980 had introduced sections 80aa and 80ab into the act by the reason of the interpretation placed by the apex court upon section 80m in cloth traders (p.) ltd.'s case. section 80aa was introduced .....
Tag this Judgment!Court : Rajasthan
Reported in : (2002)176CTR(Raj)177
..... accountants in relation to accounting, auditing and certification services provided by them in their professional capacity. for the convenience some of the relevant provisions of the finance (no. 2) act, 1998, are extracted as follows'section 65. definitions.-in this chapter, unless the context otherwise requires,................(5) 'architect' means any person whose name is ..... furnished to the central excise officer, a return in such manner and at such frequency as may be prescribed.'section 93 as substituted by the finance (no. 2) act, 1998, provides for power to grant exemption from service-tax.the government of india has notified service-tax on 12 new services added in ..... person by the person responsible for collecting the service-tax. section 68 of the act of 1994 (as amended by the act of 1997) provides for collection and recovery of service-tax. finance (no. 2) act, 1998 (hereinafter referred to as the act of 1998), the service-tax net has been extended to various others including .....
Tag this Judgment!Court : Kolkata
Reported in : [1990]181ITR427(Cal)
..... the new and the old business according to the capital employed and turnover. the commissioner of income-tax (appeals), however, summarily rejected this contention because of the finance (no. 2) act, 1980, by which a new subsection 80aa had been inserted with effect from april 1, 1968, according to which, for the purpose of computing the deductions ..... claimed this relief in its letter dated february 8, 1979. the commissioner of income-tax (appeals), however, rejected this claim on the ground that by the finance (no. 2) act, 1980, a new subsection 80aa had been inserted with retrospective effect from april 1, 1968, according to which, for the purpose of computing the deductions under chapter ..... proceedings ?'3. the dispute in this reference related to the assessee's claim for relief under sections 80j and 80-i of the income-tax act, 1961. there was no specific discussion in the order of the income-tax officer but in the appellate order passed by the commissioner of income-tax (appeals), it was .....
Tag this Judgment!Court : Orissa
Reported in : [2001]246ITR108(Orissa)
..... of the said determination on the ground, inter alia, that it is contrary to section 88 occurring in chapter iv (kar vivad samadhan scheme, 1998) of the finance (no. 2) act, 1998.pursuant to our order dated 30-6-2000, standing counsel for the, department has filed two separate charts showing adjustment of payments against arrear dues as per ..... commissioner on the basis of a declaration made by the petitioner under section 88 of the finance (no. 2) act, 1998, has determined a sum of rs. 75,000 under section 90(1) of the aforesaid act towards the full and final settlement of her tax arrear covered by the said declaration under the kar vivad samadhan scheme, 1998. the ..... as per the revenue , it may be seen that it intended to adjust the entire sum of rs. 2,10,000 towards tax and any excess has to be set off against interest. in this connection, learned standing counsel relies on clarification no. 4 issued on the kar vivad samadhan scheme, 1998, which is as follows (see : [1998]233itr50( .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2561; (1993)114CTR(SC)459; [1993]203ITR1027(SC); JT1993(4)SC448; (1993)4SCC102; [1993]Supp1SCR993
..... portion of the said amount as can be called total income attributable to activities defined in clause (5) of section 80b. section 80ab introduced into the i.t. act by the finance (no. 2) act, 1980, with effect from april 1, 1981, was adverted to by his lordship to buttress the view so taken, in that it read:where any deduction is required ..... 3,72,038 relating to marketing of agricultural produce of its members and interest on loans given to its members should be allowed as deduction under section 80p(2)(a) of the income-tax act, and not rs. 73,720 with reference to the proportionate net profit referable to those activities only? 15. section 80p, which provided for exemption to ..... income is included in the total income. it reads:where there is included in the total income of an assessee any income on which no income-tax is payable under the provisions of this act, the assessee shall be entitled to a deduction from the amount of income-tax with which he is chargeable on his total income, of .....
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