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American Hotel and Lodging Association Educational Institute Vs. Centr ...
Supreme Court of India
May-09-2008
Direct Taxation
Finance Act, 1998; Income Tax Act, 1961 - Sections 10(20A), 10(22), 10(22B), 10(23C), 11, 11(1), 11(5), 12, 12AA, 13, 60 to 63 and 245Q(1); Finance Act, 2001; Finance Act, 2002; Finance Act, 2007; Central Boards of Revenue Act, 1963; Income Tax Rules, 1962 - Rule 2CA
(2008)216CTR(SC)377; [2008]301ITR86(SC); JT2008(6)SC379; 2008(7)SCALE588; (2008)10SCC509; 2008AIRSCW4996
scope of enquiry by the Prescribed Authority under Section 10(23C)(vi) read with the third proviso thereto inserted by Finance Act, 1998 w.e.f. 1.4.1999. In this case, Central Board of Direct Taxes ('CBDT') being the Prescribed Authority, at the … on the following questions:(i) Whether the applicant would be entitled to exemption wider Section 10(22) of the Income-tax Act, 1961, in respect of its various amounts of income from the following sources in India:(a) Conducting various courses and
Tag this Judgment! AI Brief & AskCommissioner of Income Tax, Bangalore Vs. Infosys Technologies Ltd.
Supreme Court of India
Jan-04-2008
Direct Taxation
Income Tax Act, 1961 - Sections 17(1), 17(2) and 192; Finance Act, 1999; Securities Contracts (Regulation) Act, 1956 - Sections 2; Fourth Schedule Rules - Rules 6, 11(2) and 11(4)
2008BusLR235(SC); (2008)214CTR(SC)293; [2008]297ITR167(SC); JT2008(1)SC225; 2008(1)SCALE92; (2008)2SCC272
do not find merit in the contention advanced on behalf of the Department that Section 17(2)(iiia) inserted by Finance Act, 1999 w.e.f. 1.4.2000 was clarificatory and, therefore, retrospective in nature.11. We quote hereinbelow Section 17(2)(iiia), which reads as … the employee for participating in the scheme was not a 'perquisite' under Section 17(2)(iii) of the Income Tax Act, 1961 ('1961 Act'). This decision of the Tribunal stood confirmed by the impugned judgment delivered by the Karnataka High
Tag this Judgment! AI Brief & AskLohia Machines Ltd. and anr. Vs. Union of India (Uoi) and ors.
Supreme Court of India
Jan-25-1985
Direct Taxation
Income Tax Act, 1961 - Sections 2, 2(8), 2(33), 5, 11, 28 to 43A, 43(6), 80A to 80VV, 84, 84(1), 295(1), 295(2) and 296; Finance Act, 1980 - Sections 15C, 80H, 80I, 80J, 80J(1), 80J(2), 80J(3), 84 and 84(1); Income Tax Rules, 1962 - Rule 19, 19A, 19A(2) to (4), 19A(5), 19(1), 19(1A), 19(3) and 19(6); Indian Income Tax Act, 1922 - Sections 15C(1), 15C(2), 51C and 59(1); Taxation Laws (Amendment) Ordinance, 1949; Indian Income tax (Computation of Capital of Industrial undertakings) Rules, 1949 - Rule 3 and 3(1); Business Profits Tax Act, 1947 - Sections 13; Taxation Laws (Extension to Merged States and Amendment) Act, 1949 - Sections 13, 15C, 15C(1), 15C(2), 15C(4), 15C(6) and 34(2); Finance (Amendment) Act, 1976 - Sections 29; Finance (Amendment) Act, 1967; State Financial Corporati
AIR1985SC421; (1985)1CompLJ249(SC); (1985)44CTR(SC)328; [1985]152ITR308(SC); 1985(1)SCALE115; (1985)2SCC197; [1985]2SCR686; [1985] 1 SCR 192
Rules 1962 which have been framed by virtue of the authority conferred under Section 295 of the Income-tax Act 1961. Section 295 lays down: (1). The Board may subject to the control of the Central Government, by notification in … computed in accordance with the provisions of the Second Schedule" and the Second Schedule after its amendment by Finance Act 66 of 1976 does not provide for inclusion of borrowed monies and debts in computation of the capital
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Commissioner of Income Central Ii Vs. Suresh N. Gupta
Supreme Court of India
Jan-07-2008
Direct Taxation
Income Tax Act, 1961 - Sections 2, 4, 4(1), 32, 32(2), 68, 69, 69A, 69B, 69C, 112, 113, 115A, 115AB, 115AC, 115ACA, 115AD, 115B, 115BB, 115BBA, 115E, 115JB, 132, 132A, 132B, 139, 139(1), 142, 142(1), 143, 143(1B), 143(2), 143(3), 144, 147, 148, 158B, 158BA, 158BA(1), 158BA(2), 158BB, 158BB(1), 158BC, 158BH, 161, 161(1A), 164, 164A, 167B, 245D and 245D(4); Finance Act, 2001 - Sections 2(1), 2(2) and 2(3); Finance Act, 2002 - Sections 113; Finance Act, 1995; Constitution of India - Articles 269, 270 and 271
(2008)214CTR(SC)274; [2008]297ITR322(SC); JT2008(1)SC208; 2008(1)SCALE99; (2008)4SCC362; 2008AIRSCW1066
appeal.Points for determination:4. Two points arise for determination: Whether on the facts and circumstances of this case, the Finance Act, 2001 ('FA' for short) was applicable to 'block assessment' under Chapter XIV-B in respect of the search carried … in imposing surcharge at 17% on the tax amount of Rs. 97,456/- under Section 113 of the Income-tax Act, 1961 ('1961 Act') for the 'block period' comprising of previous years relevant to 10 assessment years, i.e., 1991-92 to … J.1. Leave granted.2. Whether the AO had erred in imposing surcharge at 17% on the tax amount of Rs. 97,456/- under Section 113 of the
Tag this Judgment! AI Brief & AskAgricultural Produce Market Committee, Narela, Delhi Vs. Commissioner ...
Supreme Court of India
Aug-21-2008
Direct Taxation
Income Tax Act, 1961 - Sections 2(1), 10, 10(20), 10(26AAB) and 260A; Finance Act, 2002; Cantonments Act, 1924 - Sections 3; General Clauses Act, 1897 - Sections 3(31); Delhi Agricultural Produce Marketing (Regulation) Act, 1998 - Sections 5, 22(1), 22(2), 62 65, 88, 88(1), 88(2) and 88(3); Delhi Development Act, 1957; Payment of Bonus Act, 1965 - Sections 32; Constitution of India (Seventy-third Amendment) Act, 1992; Constitution of India (Seventy-fourth Amendment) Act, 1992; Constitution of India - Articles 243, 243P, 243 and 243ZF
(2008)218CTR(SC)433; [2008]305ITR1(SC); JT2008(10)SC17; 2008(11)SCALE540; (2008)9SCC434; 2008AIRSCW6285; 2008(6)Supreme520; 2008(11)SCALE540
were enjoying exemption from income tax under Section 10(20) of the 1961 Act prior to its amendment by Finance Act, 2002 w.e.f. 1.4.03.10. Prior to the amendment by Finance Act, 2002, Section 10(20) of the Income-tax Act, 1961
Tag this Judgment! AI Brief & AskJaIn Bros. and ors. Vs. the Union of India (Uoi) and ors.
Supreme Court of India
Nov-18-1969
Direct Taxation
Income Tax Act, 1922 - Sections 2(2), 3, 22, 22(2), 23, 23(5) and 26A; Finance Act, 1956 - Sections 14, 14(1), 14(2), 14(3), 14(4) and 23(5); Income Tax Act, 1961 - Sections 271, 271(1), 271(2), 274, 274(1), 275, 276 and 297(2); General Clauses Act - Sections 3(42); Payment of Bonus Act, 1965 - Sections 33
AIR1970SC778; [1970]77ITR107(SC); (1969)3SCC311; [1970]3SCR253
Act, 1956, Sections 271, 271 (1) and (2), 274, 274 (1), 275, 276 and 297 (2) of Income-tax Act, 1961, Section 3 (24) of General Clauses Act and Section 33 of Payment of Bonus Act, 1965 - notice under … computing the total income of the firm at Rs. 4,75,368. In view of the amendment made by the Finance Act of 1956 in Section 23(5) of the Act of 1922 the tax payable by the firm as also
Tag this Judgment! AI Brief & AskCommissioner of Wealth-tax Vs. Girdhari Lal
Delhi
May-02-1974
Direct Taxation
Finance Act, 1965 - Sections 68, 68(1) and 68(3); Wealth Tax Act, 1957 - Sections 2; Income Tax Act, 1961; Income Tax Act, 1922
[1975]99ITR79(Delhi)
assessed of the income-tax paid by the firm on the amounts disclosed voluntarily under Section 68 of the Finance Act, 1965, is a debt under Section 2(m) of the Wealth-tax Act, 1957, on the dates of valuation for … the 1st day of March, 1965, under the Indian Income-tax Act, 1922 (11 of 1922), or the income-tax Act, 1961 (43 of 1961), or (b) which has escaped assessment for any assessment year for which an assessment has … as ' the Tribunal ') under Section 27(1) of the Wealth-tax Act, 1957 (hereinafter called ' the Act '):' Whether, on the facts and in
Tag this Judgment! AI Brief & AskJamnaprasad Kanhaiyalal Vs. Commissioner of Income Tax, M.P., Bhopal
Supreme Court of India
May-08-1981
Direct Taxation
Income Tax Act, 1961 - Sections 68, 139, 256 and 257; Voluntary Disclosures of Income and Wealth Act, 1976 - Sections 18; Indian Income Tax Act, 1922; Finance Act, 1965 - Sections 24, 24(1), 24(3), 24(6) and 24(8)
AIR1981SC1759; (1981)23CTR(SC)146; [1981]130ITR244(SC); (1981)3SCC441; [1981]3SCR849
declarant is a company, at the rates specified in Paragraph F,of Part I of First Schedule to the Finance Act (X of 1965) as if such amount were the total income of the declarantSub-section (8) on which strong … costs of the reference.A.P. Sen, J.3. This is a direct reference under Section 257 of, the Income Tax Act, 1961 made by the Income Tax Appellate (Tribunal, Jabalpur, for short, The Appellate Tribunal), at the instance of the … 1. I agree. The acceptance of a disclosure statement made by a declarant
Tag this Judgment! AI Brief & AskAtul Drug House Ltd. Vs. Commissioner of Income-tax
Mumbai
Jan-14-1993
Direct Taxation
Income Tax Act, 1961 - Sections 2(45), 3, 5, 80A, C, J and U, 81 and 104; Finance Act, 1968 - Sch. I, Part I and Para. F
[1995]216ITR584(Bom)
so declared amounted to Rs. 3,90,000. Such excess dividend entailed an additional income-tax under the provisions of the Finance Act, 1968. The Income-tax Officer, however, failed to take note of this fact at the time of the assessment … at the time of the assessment proceedings. He thereupon initiated rectification proceedings under section 154 of the Income-tax Act, 1961. The assessee resisted the proceedings. The assessee contended that the declaration of dividend of Rs. 6,90,000 was out … Mrs. Sujata Manohar J.1. For the assessment year 1968-69, the applicant (hereinafter referred to as 'the assessee') declared a total dividend
Tag this Judgment! AI Brief & AskRambhai Jethabhai Patel Vs. Commissioner of Income-tax, Gujarat-i
Gujarat
Jun-28-1976
Direct Taxation
Income Tax Act, 1961 - Sections 2(30), 2(46), 6(6), 24(7), 113, 113(1), 113(3), 113(4), 113(5), 143, 146, 147, 155, 155(1) and 263; Finance Act, 1965
[1977]108ITR771(Guj)
enacted, section 113 took the place of section 17, sub-section (1), of the Act of 1922. By the Finance Act, 1965, section 113 was deleted from the Act with effect from April 1, 1965, and section 2, sub-section … that the Income-tax Officer had made this mistake, he applied for rectification under section 154 of the Income-tax Act, 1961. The assessment order was passed by the Income-tax Officer on December 16, 1965. Thereafter on November 11, 1966,
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