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Judgment Search Results Home > Cases Phrase: income tax act Court: us supreme court Year: 1999 Page 7 of about 196 results (0.071 seconds)

Dec 03 1999 (SC)

Duncans Industries Ltd. Vs. State of U.P. and ors.

Court : Supreme Court of India

Decided on : Dec-03-1999

Reported in : AIR2000SC355; 2000(1)CTC374; 2000LC19(SC); JT1999(9)SC421; (2000)1MLJ118(SC); 1999(7)SCALE344; (2000)1SCC633; 2000(1)LC659(SC)

..... the agreement of sale which agreement includes the sale of plant and machinery along with the land. a certificate issued by the appropriate authority under section 269ul(3) of the income tax act evidences this fact. in the said application made by the appellant for obtaining the said certificate, the appellant has in specific terms at serial no. (iv) of the schedule ..... of plant and machinery being part of the conveyance deed or not, reliance can also be placed on the application filed by the appellant before the appropriate authority of the income-tax department wherein while disclosing the market value of the immovable property sought to be transferred the appellant himself has mentioned the value of the property so transferred as rs. ..... as part of the fertilizer business undertaking. it is also found on record that by a supplementary affidavit dated 8.9.1993 filed before the income tax department while filing form 373-1 prescribed under the income-tax rules the petitioner has again shown all these plant and machinery along with the plan which is now attached to the conveyance deed as part ..... manufacturing, marketing, distribution and sale of urea fertilizer in favour of chand chhap fertilizer and chemicals ltd. (hereinafter referred to as 'the ccfcl') also a company incorporated under the companies act, 1956 which company has since been renamed as m/s. duncans industries limited, fertilizer division, kanpur nagar (the appellant herein) for a total sale consideration of rs. 70 crores .....

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Feb 18 1999 (SC)

Appropriate Authority (it Deptt.) and ors. Vs. M. Arifulla and ors.

Court : Supreme Court of India

Decided on : Feb-18-1999

Reported in : (2002)10SCC342

..... writ petition filed by the respondents herein against an order passed by the appropriate authority under section 269-uc(1) of the income tax act (for short the act) in exercise of the right to purchase a property under the provisions of the act. the contention of the respondents before the high court was that the vendors were co-owners and not joint owners and ..... was a deemed partition immediately before the death of doraiswami. this court has held in cwt v. chander sen2 that a property devolving under section 8 of the hindu succession act, is the individual property of the person who inherits the same and not that of the huf. in fact, in the special leave petition, it is admitted that respondents 2 ..... the high court is erroneous. the admitted fact is that the father of the parties by the name of t.m. doraiswami died in 1977, long after the hindu succession act came into force. one of the respondents is a daughter of the deceased doraiswami and the provisions of the proviso to section 6 would apply. as per explanation 1 to .....

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Feb 16 1999 (SC)

Hindu Public and Another Etc. Vs. Rajdhani Puja Samithee and Others Et ...

Court : Supreme Court of India

Decided on : Feb-16-1999

Reported in : AIR1999SC964; 88(1999)CLT60(SC); JT1999(1)SC509; (1999)IIMLJ121(SC); 1999(1)SCALE471; (1999)2SCC583; [1999]1SCR635

..... words 'charitable' in act 21 of 1860. the real question was: 'what did the term mean in 1860'? we are in agreement with the view of the allahabad and madras high courts. in fact, lord mcnaughten in his celebrated judgment in commissioner of income tax v. pemsel 1891 ..... and pujas, formed into the durga puja samithee and registered it as a society on 21.1.1960 under the societies registration act 1860 (act 21 of 1860) with a memorandum of association which included cultural and other activities also besides religious activities. the society then applied ..... mehmood jamait managing committee, puddupet air 1940 mad 167. a division bench consisting of wadsworth and venkataramana rao, jj. held that the act 21/1860 was passed in 1860 when, according to english law, a gift for the advancement of religion or promotion of religious worship ..... diffusion of useful knowledge, the diffusion of political education, or for charitable purposes, it is enacted as follows-again, section 1 of the act 21/1860 reads as follows:section 1--societies formed by memorandum of association and registration--any seven or more persons associated for any literary, ..... ac 531 said that charitable purposes which came within the language and spirit of the statute of elizabeth (43 eliz ch 4) could be grouped into four heads (i) relief of poverty, (ii) education, (iii) advancement of religion and (iv) other purposes beneficial to the community not coming under any of the preceding heads. the words in act .....

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Sep 08 1999 (SC)

Commissioner of Income Tax, Hyderabad Vs. M.J. Swamy

Court : Supreme Court of India

Decided on : Sep-08-1999

Reported in : (2002)10SCC128

..... tribunal is correct in holding that no capital gains arise on the transfer of the lands coming within the purview of section 2(14)(iii) of the income tax act, 1961 as it stood on 1-7-1970. 2. answering this question, the high court took note of the decision in j. raghottama reddy v. ito1 and answered the question ..... received on the acquisition of land could not be assessed as the same was beyond the scope of section 2(14) of the income tax act, 1961. the assessing authority did not agree with the claim and brought the same to tax. ultimately, the matter reached the tribunal, which decided in favour of the assessee. thereupon, a question was referred to the high court ..... referred to in the affirmative and against the revenue. during the pendency of these proceedings, an amendment has been made by introduction of an explanation by the finance act, 1989 with retrospective effect from 1-4-1970. the high court did not have occasion either while dealing with the decision in j. raghottama reddy1 or the order out of .....

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Mar 18 1999 (SC)

Commissioner of Income Tax Vs. Sirpur Paper Mills, Etc.

Court : Supreme Court of India

Decided on : Mar-18-1999

Reported in : (1999)153CTR(SC)89

..... against the judgment in hyderabad asbestos cement products ltd. was dismissed on a technical ground, we have heard these appeals on their merits.5. section 36(l)(iv) of the income tax act deals with deductions on account of contributions to recognised provident funds and approved superannuation funds. section 36(1)(iv) reads thus:'section 36(l) the deductions provided for in the ..... of deduction of certain contributions:in exercise of the powers conferred by clause (iv) of sub-section (1) of section 3 6 of t he income tax act, 1961 (43 of 1961), the central board of direct taxes hereby specified the following conditions for the deduction of contributions, not being annual contributions of fixed amounts or annual contributions fixed on some definite basis by ..... five years it was an aggregated amount of rs. 2,14,785, calculated on the basis of 25 per cent of the employees' dues on account of past service. the income tax officer allowed the deduction only to the extent of 80 per cent of the aggregate contribution and spread it out over a period of five years. for so doing, he ..... under the head 'salaries' or to the contributions or to the number of members of the fund.'6. rules 87 and 88 of the income tax rules, 1962 are relevant. they read thus:'87. ordinary annual contributions -the ordinary annual contribution by employer to a fund in respect of any particular employee shall not exceed twenty- .....

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Jan 12 1999 (SC)

S.S.M. Brothers (P) Ltd. and ors. Vs. Commissioner of Income Tax (Cent ...

Court : Supreme Court of India

Decided on : Jan-12-1999

Reported in : (2000)161CTR(SC)177; [2000]243ITR418(SC); (1999)3SCC229

..... -product of the assessee could be described as 'textile otherwise processed' within the meaning of item no. 32 of the schedule v of the income-tax act, 1961.3. the high court took the contrary view. it said that the operations that were carried on by the assessee on the cloth purchased by it were not in ..... the conclusion that the asses-see was entitled to the benefit of development rebate at an enhanced rate under the provisions of section 33(1)(b)(b)(i) of the income-tax act, 1961. it said that the mere fact that the assessee started with basic cloth would not bar the assessee from being entitled to the higher development rebate because the end ..... or production of any one or more of the articles or things specified in the list to the fifth schedule.5. item no. 32 of the fifth schedule to the act reads thus :textiles (including those dyed, printed or otherwise processed) made wholly or mainly of cotton, including cotton yarn, hosiery and rope.6. when both provisions are read together this ..... order1. these appeals by special leave impugn the correctness of the view taken by a division bench of the high court at madras in tax case no. 146 of 1979 (see : [1985]155itr794(mad) and followed in tax case no. 140 of 1980. the questions before the high court were (page 796) :(1) whether, on the facts and in the circumstances of the .....

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Feb 11 1999 (SC)

Commissioner of Income Tax, Agra Vs. Purwar General Mills

Court : Supreme Court of India

Decided on : Feb-11-1999

Reported in : [2000]243ITR877(SC); (1999)9SCC256

..... lata is benamidar of bigger hindu undivided family ?4. the tribunal rejected the application. the revenue filed an application under section 256(2) of the income-tax act. the high court held that no statable questions of law arose in the case and rejected the application of the revenue. it is that order which is ..... not necessary that such member should be a karta and that member should not be treated as benamidar within the ambit of section 185 of the income-tax act as it stood then. hence, the tribunal held that registration could be granted inasmuch as prem lata as an individual was shown to be a partner ..... challenged in this appeal by the commissioner of income-tax.5. in the facts and circumstances of the case, the questions raised by the revenue are not questions of law. even the framing of the ..... that there could not be a smaller hindu undivided family within the larger undivided family when there was no partition as such. in that view, the income-tax officer refused grant of registration. that order was confirmed on appeal by the appellate assistant commissioner.2. on further appeal, the tribunal opined that in the ..... 1980. the deed showed three partners, one of them being prem lata, wife of om prasad purwar, each partner having l/3rd share. the income-tax officer took the view that prem lata representing a hindu undivided family could not do so as she could not claim to be the manager of .....

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Mar 11 1999 (SC)

Commissioner of Income Tax Vs. Relish Foods

Court : Supreme Court of India

Decided on : Mar-11-1999

Reported in : (1999)152CTR(SC)500

..... 's business involves ,`production'?(ii) the assessee is entitled to exemption under section 80 hh of the income tax act, 1961?'2. the assessee claimed the allowance under section 80 hh of the income tax act, 1961, on the ground that it was an industrial undertaking that manufactured/ produced articles. it would appear ..... in sterling foods (supra) has been rightly applied by the bombay high court, in the case of cit v. sterling foods (goa) , to a claim under section 80 hh of the income tax act and it has been held that the activity of processing of prawns is not an activity of manufacture ..... from the judgment of the tribunal that the assessee bought shrimps, peeled them and froze them. there is no other material on the record which indicates what was done by the assessee and how it was done. the income tax ..... supra) that marwell sea foods has placed before the taxing authorities a detailed description of the process by which prawns were prepared for export and that the appellate authorities had understood the various stages ..... buying and processing of shrimps involved production and, therefore, the assessee was entitled to the allowance that it claimed. it followed its judgment in cit v. mar well sea foods .4. we find from the judgment of the kerala high court in the case of marwell sea foods ( .....

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Mar 23 1999 (SC)

Premier Cable Co. Ltd. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Decided on : Mar-23-1999

Reported in : (1999)153CTR(SC)172

..... questions 1 and 5 and, therefore, we do not deal therewith.3. for the purposes of questions 2, 3 and 4, sections 33 and 80j of the income tax act, 1961 (hereinafter referred to as 'the act') need to be quoted:'33. development rebate - (1)(a) in respect of a new ship or new machinery or plant (other than office appliances or road transport ..... circumstances of the case, was the tribunal right in holding that the commissioner had jurisdiction under section 263 of the income tax act to revise the order of the income tax officer passed after obtaining directions from the inspecting assistant commissioner under section 144b of the act ?whether, on the facts and in the circumstances of the case, was the appellate tribunal right in law in ..... year immediately preceding the assessment year; and to the provisions of section 4 of the act which deals with the charge of income-tax and reads thus:'charge of income-tax.-(1) where any central act enacts the income-tax shall be charged for any assessment year at any rate or rates, income-tax at that rate or those rates shall be charged for that year in accordance with, and ..... previous year, of every person :provided that where by virtue of any provision of this act, income-tax is to be charged in respect of the income of a period other than the previous year, income-tax shall be charged accordingly.(2) in respect of income chargeable under sub-section (1), income-tax shall be deducted at the source or paid in advance, where it is so deductible or .....

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Feb 04 1999 (SC)

Commissioner of Income Tax Vs. Sugauli Sugar Works (P) Ltd.

Court : Supreme Court of India

Decided on : Feb-04-1999

Reported in : (1999)152CTR(SC)46

..... paid back and he included a sum of rs. 2,56,529 under section 41 of the income tax act (hereinafter referred to as `the act') in the total income of the assessee. the assessee went on appeal before the appellate assistant commissioner and the order of the income tax officer was confirmed. the assessee carried the matter to the tribunal. the tribunal accepted the contention of ..... liability by way of remission or cessation thereof, the amount obtained by him, shall be deemed to be profits and gain of business or profession and accordingly chargeable to income-tax as the income of that previous year, whether the business or profession in respect of which the allowance or deduction has been made in existence in that year or not.'3. it ..... could not be permitted to turn round when the question of inclusion of such amount in his income under section 41 (1) of the act arose. the bench distinguished the judgment in kohinoor mills co. ltd. v. cit , by observing that there was no cessation of liability in that case despite the expiry of period of limitation to enforce the same. the bench ..... the assessee and held that its unilateral entry in the accounts transferring the amount to the capital reserve account would not bring the matter within the scope of section 41 of the act and consequently held in favour .....

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