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Judgment Search Results Home > Cases Phrase: the pondicherry usury laws amendment act 1966 Page 14 of about 3,889 results (0.308 seconds)

Mar 07 1981 (HC)

Sumatilal Chimanlal Shah Vs. Controller of Estate Duty, Gujarat

Court : Gujarat

Reported in : (1982)26CTR(Guj)209; [1982]138ITR143(Guj)

..... on the basis of this observation, the learned advocate-general urged with vehemence that if in the present case before us the knowledge about the invalidity of the bombay amending act is imputed to the notional bidder as on the date of the death of maniben, it would be tantamount to saying that the bidders would be omniscient and more particularly because the bombay amending act was upheld by the bombay high court and, therefore, the bidder could not have anticipated that the said act would be declared invalid by the supreme court in future. ..... if this is the true legal position, and we have no doubt in our mind about it, nor has the learned advocate-general seriously contested this position, we do not think that the first two contentions of the learned advocate-general can be said to be well founded for the following reasons : in the first place, it cannot be successfully urged that though in law the amending act was in effect and substance wiped out of the statute book, still it existed for the purposes of determining as to the state of affairs existing on the relevant date. ..... cwt : [1966]59itr767(sc) , was that in so far as it declared that the amounts claimed by the assessee in respect of the provision for taxation are deductible in computing the net wealth of the assessee since they represented 'the debt owed by the assessee' within the meaning of s. ..... union territory of pondicherry : [1967]2scr650 and deep chand v. .....

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Mar 20 2003 (HC)

Commissioner of Income-tax Vs. Vijay Ship Breaking Corporation

Court : Gujarat

Reported in : [2003]261ITR113(Guj)

..... clause (v)(b) of sub-section (1) of section 9, which came to be inserted with retrospective effect from april 1, 1982, by the taxation laws (amendment) act, 1984, laid down that the income by way of interest payable by a person who is a resident shall be deemed to accrue or arise in india, except where the interest is payable in respect of any debt incurred or moneys borrowed and used, for the purposes of a business or profession carried on by such person outside india. ..... cwt : [1966]59itr767(sc) while considering the definition of the word 'debt' and noticing the judgments which were cited at the bar, held that there was no conflict on the definition of the word 'debt', and that all the decisions agreed that the meaning of the expression 'debt' may take colour from the provisions of the concerned act; it may have different shades of meaning. ..... irc [1966] 1 all er 1 was cited to point out that, it was heldthat the income-tax deducted from so much of the interest as the appellant had debited to capital must be accounted for to the revenue because the appellants' calculated and maintained decision to attribute part of the interest payments to capital precluded a contrary and inconsistent attribution. .....

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Mar 20 2003 (HC)

Commissioner of Income Tax Vs. Vijay Ship Breaking Corpn. and ors.

Court : Gujarat

Reported in : 181(2003)CLT134

..... clause (v)(b) of sub-section (1) of section 9, which came to be inserted with retrospective effect from 1st april, 1982, by the taxation laws (amendment) act, 1984, laid down that the income by way of interest payable by a person who is resident shall be deemed to accrue or arise in india, except where the interest is payable in respect of any debt incurred or moneys borrowed and used, for the purposes of a business or profession carried on by such person outside india. ..... cwt : [1966]59itr767(sc) while considering the definition of the word 'debt' and noticing, the judgments which were cited at the bar, held that there was no conflict on the definition of the word 'debt', and that all the decisions agreed that the meaning of the expression 'debt' may take colour from the provisions of the concerned act; it may have different shades of meaning. ..... irc (1966) 1 all er 1, was cited to point out that, it was held that the income-tax deducted from so much of the interest as the appellant had debited to capital must be accounted for to the revenue because the appellants calculated and maintained decision to attribute part of the interest payments to capital which precluded a contrary and inconsistent attribution, it was held that the decision to attribute part of the interest payments to capital was one that had produced practical results inconsistent with an allocation of the sum .....

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May 03 1972 (HC)

Sri Debi Mata and ors. Vs. the State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1973Cal171,76CWN930

..... the pondicherry act not only adopted the madras act but also provided that the act applicable to pondicherry should be the act as amended in future by the madras legislature and in fact the madras act was amended and it was the am??ended act which was brought into operation in pondicherry. ..... on september 24, 1958, an act passed by the west bengal legislature came into effect and that act was called the west bengal transferred territories (assimilation of laws) act, 1958 (hereinafter referred to as assimilation of laws act), by provisions of section 3 of the assimilation of laws act read with schedule 2 thereof, the provisions of the bihar land reforms act, 1950, were kept in force for the transferred territories including the transferred territories of purulia. ..... mill mazdoor sabha, : (1966)iillj546sc , on the question of validity of section 37 of the payment of bonus act also does not apply to the facts of the present case. ..... it is, however, conceded on behalf of the appellants that the petitioners' challenge failed and the rule was discharged sometime in 1966.4. ..... the state, ilr (1966) 1 cal 495 at p. .....

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Oct 19 2022 (SC)

Assistant Commissioner Of Income Tax (exemptions) Vs. Ahmedabad Urban ...

Court : Supreme Court of India

..... with the said amendments, as on 01.04.2009, the provision read as follows: (15) charitable purpose includes relief of the poor, education, medical relief, [preservation of environment (including watersheds, forests and 23 as amended by the direct tax laws (amendment) act, 1987, w.e.f. ..... he urged that kiadb was formed under section 5 of the karnataka industrial areas development act, 1966 ( kiad act ) and it functions on no profit-no loss basis as is evident from the preamble48, the aims and objectives49 of the board as well as sections 3, 5, 6, 28, 29, 43 and 4650 of the kiad act. ..... prabha swami, learned counsel submitted that the a.p state seed certification agency is a statutory society set up under section 881 of the seeds act, 1966 which is represented by the representatives of seedsmen association, seed farmers, farming community and members representing central seed certification board. ..... it was registered as a charitable gpu category society in 58 inserted by finance (2) act, 2014 and amended by finance act, 2020 59 (1996) 2 scc549 the court had cited article 25(1) of the universal declaration of human rights and article 11(1) of the international covenant on economic, social and cultural rights, 1966 and relied on sri. p.g. ..... like in that case, here too, the concerned state acts (gujarat industrial development act, 1962 and the karnataka industrial areas development act, 1966) tasked the boards with planning and development of industrial areas. .....

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May 30 2005 (TRI)

Binny Limited Vs. the Acwt, Jt. Cwt, Special Range Vi

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2006)280ITR179(Chennai)

..... schedule iii was inserted by the direct tax laws (amendment) act, 1989, w.e.f. ..... ]); [(ia) a corporation established by or under a central, state or provincial act; (ib) any institution, association or body which is declared by the board to be a company under clause (17);] (ii) in the case of the state of jammu and kashmir, a company formed and registered under any law for the time being in force in that state ; [(iii) in the case of any of the union territories of dadra and nagar haveli, goa, daman and diu, and pondicherry, a company formed and registered under any law for the time being in force in that union territory ..... :] provided that the [registered or, as the case may be, principal office of the company, corporation, institution, association or body] in all cases is in india; the appellant being a company formed and registered under the companies act, 1956, it has to be treated as an indian company and therefore it squarely comes under the definition of section 2(17) of the income-tax act and therefore it is exigible to wealth tax ..... " however, this decision was rendered for assessment year 1965-66 and 1966-67 when all debts were allowed to be deducted from all the assets belonging to the assessee. .....

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Oct 06 1993 (SC)

Supreme Court Advocates-on-record Association and Another Vs. Union of ...

Court : Supreme Court of India

Reported in : AIR1994SC268; JT1993(5)SC497; (1993)4SCC441; [1993]Supp2SCR659

..... (2) when a judge has been or is so transferred, he shall during the period he serves, after the commencement of the constitution (fifteenth amendment) act, 1963, as a judge of the other high court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by parliament by law and, until so determined, such compensatory allowance as the president may by order fix.primacy of the chief justice of india25. ..... leave or on certificate are on a hierarchical basis, parliament has by section 46 of the constitution (forty-second amendment) act, 1976 has inserted articles 323-a and 323-b in.part xiv a with effect from 3.1.1977, thereby excluding the jurisdiction of all courts, except that of the supreme court under article 136 with respect to the disputes or complaints referred to in clause (1) of article 323-a and with respect to all or any of the matters falling within jurisdiction of the tribunals for other matters, enumerated under article 323-b ..... . this, under the missouri plan, the judiciary in missouri had moved from political dependence to judicial independence.see texas law review (volume 44) 1966.288 ..... . in texas law review (volume 44) 1966 at page 1068 and 1071, the following passage are found emphasising the desirable qualities of the judges:it is easy to understand why the active judges deem noble inner qualities highly desirable ..... 22 of 1966 other judges. .....

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Feb 10 1999 (HC)

Smt. Bindu Garg Vs. State of Haryana

Court : Punjab and Haryana

Reported in : (1999)122PLR794

..... truly set forth in the instrument, he may determine the value or consideration and the duty as aforesaid in accordance with the procedure provided for in sub-section (2), and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty:provided that the collector shall, within a period of two years from the date of the commencement of the indian stamp (haryana amendment) act, 1973, also be competent to act as aforesaid in respect of the instruments registered on or after the first day of november, 1966 and before the first day of october ..... (ii) the instances ex.p.35 and ex.p.67 are in law not referable and do not reflect the fair market value of the land at the time of ..... the law of average would be fairly applicable in such circumstances because the value of the land even as per sale deeds above mentioned have been fluctuating towards decrease by a considerable margin during the periods for which the sale-deeds have been ..... the discretion has been exercised in consonance with the settled principles of law and i do not wish to take any different view than expressed by the learned additional ..... it is a settled principle of law that the claimants would be entitled to take benefit of the sale-deeds proved on record by them, which are otherwise admissible ..... the effect of above well settled principle of law is that ex.p.35 which otherwise is a relevant piece of evidence ought to be considered by the court while determining the amount of compensation payable to .....

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Aug 31 2007 (TRI)

Pradeep Agencies-joint Venture Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)111TTJ(Delhi)346

..... they referred to the definition of person as given in clause (9) of section 2 of 1922 act which reads as under: as against the above provisions, they referred to section 4 of the 1961 act [before it was amended by the direct tax laws (amendment) act, 1987, w.e.f. ..... his arguments that there is no change in the scheme of both the acts and therefore circular issued by cbdt in 1966 has its application on the case of the assessee. ..... , 1966 issued by the cbdt in which it is clearly mentioned that under 1961 act also the decision of the hon'ble supreme court in the case of murlidhar jhawar & puma ginning & pressing factory (supra) ..... that assuming circular of 1966 is binding on the revenue but in view of findings given by learned cit(a) in para 14 that benefit cannot be extended to the assessee as it was a sophisticated plan adopted by the assessee to reduce its taxation and those findings have not been challenged in the grounds of appeal by the assessee.32. ..... he contended that the moment the amendment was introduced in the act by way of introduction of section 167b the circular of 1966 had died its natural ..... that instead of applicability of the circular of 1966, the circular explaining the provisions of section 167b i.e. ..... from the circular of 1966, he contended that it was only an advice given by cbdt to its officer to complete the assessment of aop first and the said instruction was given only for avoiding further complication and it was not intended to give any benefit to the assessee .....

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Sep 19 2019 (SC)

Union of India Vs. Tarsem Singh

Court : Supreme Court of India

..... the national highways laws (amendment) act, 1997, all acquisitions for the purpose of national highways were made under the land acquisition act, and the owners were given, in addition to market value, solatium as well as interest under the provisions of that act ..... (1966) ..... the rfcltarr act provided for issuing of notification to make the provisions of the act relating to the determination of the compensation, rehabilitation and resettlement applicable to cases of land acquisition under the enactments specified in the fourth schedule to the rfctlarr act; and whereas, the notification envisaged under sub- section (3) of section 105 of rfctlarr act was not issued, and the rfctlarr (amendment) ordinance, 2014 (9 of 2014) was promulgated on 31st december, 2014, thereby, inter-alia, amending section 105 of the rfctlarr act to extend the provisions of the act relating to the determination of ..... the compensation and rehabilitation and resettlement to cases of land acquisition under the enactments specified in the fourth schedule to the rfctlarr act; and whereas, the rfctlarr (amendment) ordinance, 2015 (4 of 2015) was promulgated on 3rd april, 2015 to give continuity to the provisions of the rfctlarr (amendment) ordinance, 2014; and whereas, the rfctlarr (amendment) second ordinance, 2015 (5 of 2015) was promulgated .....

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