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Smt. Mona Rai Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2005)93ITD30(Delhi)

to Amsterdam." 3. Coming to the legal; position the AO referred to the provisions of Section 50 of Customs Act, 1962 according to which it is mandatory upon any exporter of any goods to make entry thereof by presenting … same reasons. Regarding Section 50 of Customs Act, it was pleaded by him that such provisions fall under Chapter VII of the said Act and the same cannot be applied where goods are carried as part of

B. Sorabji Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2005)96TTJ(Mum.)524

the shipping bill or bill of export as referred to in Sub-section (1) of Section 50 of the Customs Act, 1962 (52 of 1962), shall, for the purposes of this section, be deemed to be the sale proceeds thereof. … purpose of computing profits. Section 80AB has been given an overriding effect over all other sections contained in Chapter VI-A, including Section 80HHC. If the income has to be computed in accordance with the provisions of the

B. Sorabji Vs. Ito, Ward 20(1)(2)

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2005)95ITD540(Mum.)

the shipping bill or bill of export as referred to in sub-section (1) of section 50 of the Customs Act, 1962 (52 of 1962), shall, for the purposes of this section, be deemed to be the sale proceeds thereof.(a) … purpose of computing profits. Section 80AB has been given an overriding effect over all other sections contained in Chapter VI-A, including section 80HHC. If the income has to be computed in accordance with the provisions of the

Commissioner of Income Tax-iii Vs. Sharon Vaneers P. Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80AB, 80HHC, 80HHC(1) and 80M; Customs Act, 1962 - Sections 28, 50(1) and 288(2); Foreign Exchange Regulation Act, 1973

Reported in : (2007)213CTR(Mad)215; [2007]294ITR18(Mad)

the shipping bill or bill of export as referred to in Sub-section (1) of Section 50 of the Customs Act, 1962 (52 of 1962), shall, for the purposes of this Section, be deemed to be the sale proceeds thereof.(3) … any deduction is required to be made or allowed under any Section (except Section 80M) included in this Chapter under the heading 'C--Deductions in respect of certain incomes' in respect of any income of the nature specified

Commissioner of Sales Tax Vs. M/s. Klip Nail Care

Court : Mumbai

Subject : Sales Tax

constituted under the Road Transport corporation Act, 1950; (h) Customs Department of the Government of India administering the Customs Act, 1962; (i) Insurance and financial corporations or Companies and Banks included in the Second Schedule to the Reserve Bank … In the facts and circumstances of the case, that was an incorrect approach. 8. Section 22 falling in Chapter IV of the BST provides for registration. Sub-section (1) thereof states that no dealer shall, while being liable

Union of India (Uoi) and ors. Vs. Warren Tea Ltd. and ors.

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(1A), 2(45), 10(1), 80A, 80A(2), 80AB, 80HHC and 80HHC(4B), ;Income Tax Rules, 1962 - Rule 8; ;Constitution of India - Articles 246, 254 and 366; ;Finance Act, 1999

Reported in : (2004)187CTR(Cal)113

turnover' and 'total turnover' exclude freight, insurance, etc. attributable to the transport of goods or merchandise beyond the customs station. Thus, it confines only to the net profit derived out of the business profit, which cannot include … with and repugnant to Rule 8 of the IT Rules, 1962 (Rules) r/w Section 2(1A) of the IT Act, 1961 (Act) in relation to deduction under Section 80HHC of the Act. By a judgment and order dt. … of the Act. The expression 'gross total income' is being used in Chapter VI-A. The expression 'gross total income' defined in Sectiion 80B(5), therefore, refers

Abdulgafar A. Nadiadwala Vs. Assistant Commissioner of Income Tax and ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80HHC, 80HHC(4A), 80HHF, 80HHF(1), 80HHF(3) and 80HHF(5); Constitution of India (Forty-sixth Amendment) Act, 1982; Sales Tax Laws; Income Tax Rules - Rule 9A, 9A(7), 9B and 9B(6)

Reported in : (2004)188CTR(Bom)232; [2004]267ITR488(Bom)

the shipping bill or bill of export as referred to in Sub-section (1) of Section 50 of the Customs Act, 1962 (52 of 1962), shall, for the purposes of this section, be deemed to be the sale proceeds thereof(3) … Trade Classification (which follows the HSN system for classification) 'cinematographic items and tapes' have been termed as 'goods' Chapter 37 specifically provides for the heading 'cinematographic and photographic goods'(G) That transfer of exhibition rights of a film

Assistant Commissioner of Income Vs. Avon Cycles Ltd.

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Subject : Direct Taxation

Reported in : (2003)86ITD156(Chd.)

the shipping bill or bill of export as referred to in Sub-section (1) of Section 50 of the Customs Act; 1962 (52 of 1962), shall, for the purposes of this section, be deemed to be the sale proceeds thereof. … the assessee. Section 80HHC is a section which comes under Chap. VI-A of the IT Act. The said chapter provides for special deductions from gross total income. One such deduction is export profits. Sec. 80A deals with

Assam Leather Industry Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Banking

Acts : Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18, 25, 28 and 31; Constitution of India - Articles 14, 248, 323A, 323B and 371A; Code of Civil Procedure (CPC) ; Transfer of Property Act; Nagaland Administration of Justice Rules, 1937 - Rule 33

writ application was dismissed and the validity of the Act was upheld.13. This Act is divided into six Chapters : Chapter I--Preliminary. Chapter II--Establishment of Tribunal and Appellate Tribunal. Chapter III--Jurisdiction, powers and authority of Tribunals. Chapter … joint Hindu family business-defendant No. 1. (d) That it be declared that 4B. 1K. 7Ls of land shown in Schedule C(i) and 19B. 1K. 18 … provides that no Act of Parliament in respect of ownership and transfers of land and its resources, Naga Customary Laws and procedures amongst others shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland

Atmaram Bapu Mane Deceased Through His Heirs Gokulabai Atmaram Mane an ...

Court : Mumbai

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 111; Bombay Tenancy and Agricultural Lands Act, 1948 - Sections 3

Reported in : 2003(1)ALLMR941; 2003(4)BomCR245; 2003(1)MhLj615

to himself since the person cannot agree with himself and cannot covenant with himself vide Rye v. Rye 1962 AppCas 496. The same position obtains in India under Section 2 of the Indian Contract Act. The doctrine … needs to be considered is this. Section 111 which is part of Chapter V of the Transfer of Property Act is not applicable to agricultural … should not apply to agricultural tenancies, it has expressly done so. Section 4B of the Act for instance specifically states that tenancy will not be … been held by the various High Courts in India that in the absence of any local Act or custom or special reason to the contrary the principles of English law as introduced by the Transfer of property