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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: old Court: supreme court of india Year: 1999 Page 6 of about 188 results (0.163 seconds)

Mar 24 1999 (SC)

N.J. Albert Vs. Commissioner of Income Tax

Court : Supreme Court of India

Decided on : Mar-24-1999

Reported in : AIR2000SC1952; (2000)10SCC238

..... on the facts and in the circumstances of the case, the assessee is en titled to weighted deduction under clauses (i) and (ii) of section 35b(1)(b) of the income-tax act, 1961?2. whether on the facts and in the circumstances of the case the tribunal is justified in holding that services rendered by the agent, nut meat trading company, is ..... in the circumstances of the case the assessee is entitled to claim deduction in respect of the pro vision made for payment of leave with wages?2. in commissioner of income-tax v. kerala nut food company : [1991]192itr585(ker) , a division bench of the same high court took note of a circular of the central board of direct ..... in the instant case of the question posed to it relying exclusively upon m/s. c. tharian & sons's case 1987 tax lr 966 must, therefore, be held to be bad in law.3. we think, in the circumstances, that the reference (r.a. no. 257/coch/81) should be restored to ..... taxes and certain decisions and concluded, in our view, rightly, that the decision in m/s. c. tharian and sons's case was per incuriam. the answer by the high court .....

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Mar 24 1999 (SC)

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

Court : Supreme Court of India

Decided on : Mar-24-1999

Reported in : (1999)153CTR(SC)105

..... by the assessee comes within the meaning of the expression 'manufacture or produce articles or things' occurring in section 32a(2) and section 80j of the income tax act (hereinafter referred to as 'the act). the further question to be decided is whether the assessee is an industrial undertaking'. the appeals excepting civil appeal no. 2596 of 1997 are directed against ..... income from being included in total income. the meaning of total income in section 2(45) of the income tax act is as follows:'`total income' means the total amount of income referred to in section 5, computed in the manner laid down in this act'.14. section 14(d) of the income tax act deals with one part of the total income, namely, profit and gains of business. section 29 of the income tax act ..... deals with deductions from the profit and gains. section 32a is one of the sections dealing with such deductions. therefore, the income from poultry being outside the scope of ..... total income by virtue of omitted section 10( .....

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Mar 31 1999 (SC)

Aravinda Paramila Works Vs. Commissioner of Income Tax

Court : Supreme Court of India

Decided on : Mar-31-1999

Reported in : AIR1999SC2619; (1999)153CTR(SC)205; [1999]237ITR284(SC); JT1999(2)SC549; 1999(2)SCALE475; (1999)3SCC729; [1999]2SCR348

..... in this appeal is whether payment of commission to an agent abroad is no maintenance of an agency within the meaning of section 35-b(1)(b)(iv) of the income-tax act, 1961. the high courts have taken divergent views.2. we are concerned with the assessment year 1981-82. the assessee manufactured agarbathis. it had exported agarbathis during the year under ..... claimed weighted deduction under the aforementioned provision in respect of such expenditure of rs. 13,23,225/-. it was disallowed by the assessing authority. the commissioner of income-tax (appeals) took a contrary view. the income-tax appellate tribunal held that the commissioner (appeals) was not justified in allowing the said weighted deduction. from out of the judgment and order of the tribunal, the ..... chosen to raise the point that the expenditure there concerned would not fall within the ambit of the clauses in section 35.10. the gujarat high court in commr. of income-tax v. cadila laboratories (p) ltd. : [1996]221itr35(guj) , referred to the meaning of the word 'agency' as found in halsbury's laws of england. it is there stated that 'the ..... section 35-b(1)(b)(iv) of the act, in respect of the commission payments made to agents outside india?the high court answered the question in the affirmative and in favour of the revenue, following its earlier decision in chief commr. of income-tax v. mysore sales international ltd. (1991) 195 itr 457 : 1992 tax lr 908. the assessee is in appeal by .....

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Apr 01 1999 (SC)

Orissa State Warehousing Corporation Vs. Commissioner of Income Tax

Court : Supreme Court of India

Decided on : Apr-01-1999

Reported in : AIR1999SC1388; (1999)153CTR(SC)177; [1999]237ITR589(SC); JT1999(2)SC527; 1999(2)SCALE420; (1999)4SCC197; [1999]2SCR383

..... , by the grant of special leave against the judgments of the high courts of orissa and rajasthan, centers round the interpretation of section 10(29) of the income tax act, 1961 (hereinafter referred to as 'the act').2. before however, proceeding further in these matters, it will be convenient to note that hearing of these appeals was taken up together by consent of the ..... . (emphasis supplied)22. dr. pal relying upon the said decision very strongly contended that this court was considering section 14(3)(iv) of the income tax act 1922 which is in pari materia with section 10(29) of the act and the decision of this court can be treated to be a direct authority for the proposition that widest possible interpretation ought to be ..... the marketing of the commodities as envisaged under section 10(29). the tribunal, however, at the instance of the revenue referred the following question under section 256(1) of the income-tax act for the assessment year 1974-75 to 1982-83 to the high court- the question being:whether on the facts and circumstances of the case the ..... court are right in the view adopted by them. as was observed by the gujarat high court in cit v. ahmedabad maskati cloth dealers co-operative warehouses society ltd. : [1986]162itr142(guj) , while considering the analogous provision of section 80p(2xe) of the income-tax act, 1961, the provision for exemption was intended to encourage co-operative societies to construct warehouses which were likely .....

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Apr 06 1999 (SC)

V.M. Chandra Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Apr-06-1999

Reported in : AIR1999SC1624; [1999(82)FLR288]; JT1999(2)SC594; (1999)IILLJ497SC; 1999(2)SCALE448; (1999)4SCC62

orders. rajendra babu, j.1. the appellant before us was initially engaged as a technical mate on a dally rate of rs. 6.70 with effect from august 23, 1976 and thereafter at the daily rate which varied from rs. 6.70 to rs. 15.40. form time to time her services were utilised as technical mate as the required qualification is a diploma passed or failed. she was continued in service and she was declared to have attained temporary status in 1981. when the appellant represented that she had not been conferred with temporary status in group 'c the chief engineer took the view that the appellant was not entitled to be employed in group 'c. thereafter an application was presented to the central administrative tribunal, ernakulam bench [hereinafter referred to as 'the tribunal'] seeking the relief of absorption in group 'c. the tribunal set aside the action of the chief engineer and remitted the matter to the concerned authorities. again the decision was rendered against the appellant and she approached the tribunal. on this occasion the tribunal directed the chairman of the railway board to examine this matter and give appropriate relief. the chairman of the railway board stated as under :there are no category of posts designated as technical mates on the railways....zonal railways have to power to introduce any new designation/category of posts. further, designation are meant to describe the incumbents of posts in regular scales. casual labourers who do not hold any post are not to .....

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Apr 06 1999 (SC)

Rahul Subodh Windoors Limited Vs. A.K. Menon and anr.

Court : Supreme Court of India

Decided on : Apr-06-1999

Reported in : AIR1999SC1675; 1999(1)ALD(Cri)729; [1999]96CompCas597(SC); (1999)2CompLJ201(SC); 1999CriLJ2518; JT1999(2)SC552; 1999(2)SCALE450; (1999)4SCC446; [1999]2SCR447

..... the special court that there had been no allotment at all and it was sought to be made only after the second respondent was notified under the act to avoid payment of money of a sum of no. 20 lakhs cannot be seriously disputed. we find no good reason to interfere with the said ..... exercises the jurisdiction of a civil court in relation to any matter or claim '(a) relating to any property standing attached under section 3(3) of the act, and (b) arising out of transactions in securities entered into after the 1st day of april, 1991 and on or before the 6th day of june, 1992 ..... before the special court no names have been entered. no application had been filed by the second respondent in terms of section 41(2) of the companies act agreeing to become a member of the company and his name be entered in the register of members. on examination of the register of members, the special ..... attached and there should be no transfer in respect of these shares. the custodian on september 27, 1994 filed an application before the special court under the act for return of a sum of no. 20 lakhs along with interest.2. it was brought out in the proceedings before the special court that by a ..... involved in offences relating to transactions in securities during the period mentioned therein. respondent no. i, who is the custodian appointed under section 3(1) of the act, on inquiry with the appellant, came to know that they had received a cheque for a sum of no. 20 lakhs from the second respondent for purchase .....

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Apr 13 1999 (SC)

The Commissioner of Income Tax Vs. M/S Cynamid India Ltd.

Court : Supreme Court of India

Decided on : Apr-13-1999

Reported in : AIR1999SC1346; 1999(3)ALLMR(SC)186; [1999]237ITR585(SC); JT1999(3)SC46; 1999(2)SCALE547; (1999)3SCC727; [1999]2SCR601

..... as a result of dehusking and are covered by the term 'agricultural product'.6. the high court has also formed an opinion that section 35c of the income-tax act, 1961 was designed to encourage development of agriculture and therefore gave a weighted deduction in respect of expenditure incurred in providing to the agriculturists services and facilities ..... therefore the revenue does not press the appeals to that extent. he has made his submissions confined to question no. 4 only.4. section 35c of the income-tax act, 1961 (as it stood during the assessment years 1974-75 and 1975-76) provided for deduction in respect of certain expenses referable to use as raw material ..... -768. whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the weighted deduction under section 35b of the income-tax act, 1961 on only 50% of the amount of rs. 20,706/- ought to be allowed?2. there were in all eight questions forming subject-matter of ..... 352/- plus rs. 1,60,428/- for assessment year 1974-75 and rs. 2,00,599/- for the assessment year 1975-76 under section 35c of the income-tax act, 1961?for assessment year 1974-756. whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the assessee's ..... orderr.c. lahoti, j.1. in a reference under section 256 of the income-tax act, 1961, the following three questions amongst others were answered by the high court in favour of the assessee and against the revenue:--for assessment .....

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Apr 13 1999 (SC)

M/S. Surana Steels Pvt. Ltd. Vs. the Deputy Commissioner of Income Tax ...

Court : Supreme Court of India

Decided on : Apr-13-1999

Reported in : AIR1999SC1455; [1999]237ITR777(SC); JT1999(5)SC192; 1999(2)SCALE549; (1999)4SCC306; [1999]2SCR589

..... (nt) of 1997 is directed against order dated 31.7.96 passed by the high court rejecting the application under section 256(2) of the income-tax act, 1961 filed by the assessee seeking a reference on similar questions of law and upholding rejection of similar application under section 256(1) by the tribunal ..... the formula prescribed in this clause would make sense and it would be consistent with object sought to be achieved by enacting section 115j of the income tax act, 1961. if 'loss' were to be taken as pre-depreciation loss then the resultant computation will not be in conformity with the tenor of ..... behind the legislation and held that the provisions of section 205 quoted hereinabove stand bodily lifted and incorporated into the body of section 115j of the income tax act, all that we have to do is to read the provisions plainly and apply rules of interpretation if any ambiguity survives. section 205(1), ..... as well as depreciation. in such a case, the lesser of the two amounts will be available for deduction as per the provisions of income-tax act. in case there is profit in a year but after adjustment of depreciation it results in loss, no adjustment in the book profit under ..... the routes through which the different matters travelled up to the high court were different. some were reference applications under section 256(1) of the income-tax act, 1961 and some were writ petitions filed before the high court, all the matters have stood disposed of consistently with the view taken by the .....

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Apr 13 1999 (SC)

Surana Steels (P.) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Supreme Court of India

Decided on : Apr-13-1999

Reported in : (1999)153CTR(SC)193

..... this court. the routes through which the different matters travelled up to the high court were different. some were reference applications under section 256(1) of the income tax act, 1961 (hereinafter referred to as 'the act') and some were writ petitions filed before the high court. all the matters have stood disposed of consistently with the view taken by the division bench of ..... turning around the corner. the finance minister introduced an amendment during the passage of the finance bill and said :-'the finance bill inserts a new section 115j in the income tax act, 1961, to levy a minimum tax on book profits of certain companies. representations have been received that in computing book profits for the purpose of determining the minimum ..... 5. the relevant provisions to the extent relevant for the purpose of this order are extracted and re-produced hereunder : -the income tax act, 1961115j. special provisions relating to certain companies- (1) notwithstanding anything contained in any other provision of this act, where in the case of an assessee being a company (other than a company engaged in the business of generation or ..... reason to assign to the term 'loss' as occurring in section 205, proviso clause (b) of the companies act a meaning different from the one in which it is understood there solely because it is being read along with section 115j to the income tax act.11. section 115j, explanation clause (iv), is a piece of legislation by incorporation. dealing with the subject, .....

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Apr 13 1999 (SC)

Commissioner of Income Tax Vs. Cynamide India Ltd.

Court : Supreme Court of India

Decided on : Apr-13-1999

Reported in : (1999)153CTR(SC)201

..... orderr. c. lahoti, j.in reference under section 256 of the income tax act, 1961 (hereinafter referred to as `the act') the following three question amongst others were answered by the high court in favour of the assessee and against the revenue :-for assessment years 1974-75 ..... as a result of de-husking and are covered by the term agricultural product'6. the high court has also formed an opinion that section 35c of the act was designed to encourage development of agriculture and therefore gave, a weighted deduction in respect of expenditure 'incurred in providing to the agriculturists services and facilities specified ..... therefore, the revenue does not press the appeals to that extent . he has made his submissions confined to question no. 4 only.4. section 35c of the act (as it stood during the assessment years 1974-75 and 1975-76) provided for deduction in respect of certain expenses referable to use as raw material of any ..... . whether on the facts and in the circumstances of the case, the tribunal was right in holding that the weighted deduction under section 35 b of the act on only 50 per cent of the amount of rs. 20,7061 ought to be allowed ?2. there were in all eight questions forming subject matter of ..... the assessee was not entitled to deduction of rs. 66,352 plus rs. 1,60,428 for assessment year 1975-76 under section 35 c of the act ?for assessment year 1974-756. whether on the facts and in the circumstances of the case, the tribunal was right in holding that the assessee's claim .....

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