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Ajay Kumar Tarafdar Vs. the Appropriate Authority and ors.

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Section 269UC, 269UD and 269UD(1);; Finance Act, 1986;; West Bengal Premises Tenancy Act, 1956 - Section 15;; Transfer of Property Act, 1882

Reported in : (2006)3CALLT645(HC)

made.3. Challenging the validity of the provisions of chapter XXC, inserted in the Income-tax Act, 1961 by the Finance Act, 1986, civil Writ Petition No. 2821 of 1986 (C.B. Gautam v. Union of India and Ors.) was filed … as void has been defended by him by saying that such agreements are clearly barred by provisions in Section 15 of the West Bengal Premises Tenancy Act, 1956.10. Counsel for the private respondents has made it clear that

Asian Hotels Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2002)81ITD127(Delhi)

added by Finance (No. 2) Act, 1991, and that ambiguity was again cured by the legislature by subsequent Finance Act, 1994, which had provided the proportionate amount on which deduction can be claimed by tour operators, agents of … against the order dt. 16th Feb., 1994, recorded by CIT, Delhi-III, New Delhi, under Section 263 of IT Act, 1961 (hereinafter referred to as Act), by which the AO was directed to withdraw the deduction under Section 80HHD … Hon'ble Supreme Court in the case of CIT v. J.H. Gotta (1985) 156 ITR 323 (SC) as follows : "Speaking generally, subsequent legislation cannot be

Silk and Textiles Mercantile Traders Assn. Vs. Govt. of Nct of Delhi a ...

Court : Delhi

Subject : Sales Tax

Acts : Delhi Sales Tax Act, 1975 - Sections 4(1) and 7; Delhi Sales Tax (Amendment) Act, 1997; Central Sales Tax Act, 1956 - Sections 14 and 15; Finance Act 1961; Central Excises Act, 1944; Additional Duties of Excise (Goods of Special Importance) Act, 1957 - Sections 3(1) and 4; Central Sales Tax (Amendment) Act, 1961; Central Excise Tariff Act, 1985; Finance Act, 1968; Kerala General Sales Tax Act, 1963; Constitution of India - Articles 245, 249 to 253, 286(3) and 366; Delhi Sales Tax (Amendment) Ordinance, 2000; Central Excises (Amendment) Act, 1969

Reported in : 139(2007)DLT393; 2007(207)ELT482(Del); (2007)6VST444(Delhi)

oil seeds etc. as declared goods. 'Silk fabrics' was introduced into Section 14 as entry (xi) by the Finance Act 1961. The definition of 'silk fabrics' was, by reference, the same as its definition in item 20 of the … are referred to as 'declared goods'. In respect of such 'declared goods' there is a restriction provided in Section 15 CST Act on the power of the States to levy local sales tax on the intra-sale of such

Saurashtra Education Foundation Vs. Commissioner of Income Tax

Court : Gujarat

Subject : Direct Taxation

Acts : Income tax Act, 1961 - Sections 2(15), 10(22) and 11(1); Finance Act, 2002; ;Finance Act, 1983

Reported in : (2004)190CTR(Guj)295; [2005]273ITR139(Guj)

anyactivity for profit. The words, 'not involving the carrying on of anyactivity for profit' have been omitted by Finance Act,1983 w.e.f. 1.4.1984. 7. A perusal of the aforesaid statutory provisionswould show that while Section 11 provides for exemptionof … in the circumstances ofthe case, the assessee would be entitled toexemption as contemplated under Section 10(22) ofthe Income-tax Act, 1961 ?'2. The assessee is a trust registered a publiccharitable trust on 10.1.1978. When the trust wasregistered on 10.1.1978 … ofthe income from such property. The percentage 25 is now substituted by 15% byFinance Act, 2002 w.e.f. 1.4.2003. The expression 'charitable purposes' is definedby clause

Ms.Doshi Housing Limited. Vs. the Assistant Commissioner of Income Tax

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Section 148, 147, 143(1), 143(3), 80IB(10), 260A; Constitution of India - Article 226

of the explanation introduced to sub-Section 10 of Section 80IB of the Income Tax Act, 1961, by the Finance Act, 2009, with retrospective effect, from 1.4.2001, the assessee is not eligible to claim deduction under Section 80IB(10) of … respondent, warranting the re-opening of the concluded assessment. Thereafter, the petitioner company had submitted a detailed reply, dated 15.11.2011, requesting the respondent to drop the proceedings, as there was no reason to believe that the income liable

Commissioner of Income-tax Vs. N.S.M. Sankarapandian

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 15, 16 and 16(1), 64 and 64(1) and 28;

Reported in : (1997)142CTR(Mad)62; [1996]222ITR289(Mad)

retains the same character of the income of the firm as profit.' 8. Explanation 2 added by the Finance Act, 1992, from April 1, 1993, in section 15 makes it clear that the salary received by a partner … the Tribunal referred the following question for the opinion of this court under section 256(1) of the Income-tax Act, 1961 : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in

State of Kerala Vs. Attesee (Agro Industrial Trading Corporation)

Court : Supreme Court of India

Subject : Sales Tax

Acts : Constitution of India - Articles 269, 286, 286(2) and 286(3)

Reported in : AIR1989SC222; 1989(19)ECC60; 1988(38)ELT720(SC); JT1988(4)SC250; 1988(2)SCALE1597; 1989Supp(1)SCC733; [1988]Supp3SCR601; [1989]72STC1(SC)

and 22 respectively) of the First Schedule to the 1944 Act. It may be mentioned here that the Finance Act, 1961 had amended Section 14 of the CST Act_ by including, as item(xi): 'silk fabrics as defined in item … Act, 1944. The definitions of the above goods were thus related to their definitions under the 1944 Act. Section 15 of the Act imposed certain restrictions and conditions in regard to tax on sale or purchase of declared

Commissioner of Income-tax Vs. Agricultural Produce and Market Committ ...

Court : Mumbai

Subject : Direct Taxation

Acts : Agricultural Produce Marketing (Regulation) Act, 1963 - Sections 29, 31, 36, 37 and 52A; Income Tax Act, 1961 - Sections 2(15), 10(20), 11, 12, 12A, 12AA, 80G and 260A; Finance Act, 2002; Bombay Shops and Establishment Act, 1948 - Sections 2(4); Income Tax Act, 1922 - Sections 4(3); Companies Act, 1956 - Sections 25; Finance Act, 1983

Reported in : (2007)210CTR(Bom)386; [2007]291ITR419(Bom)

local authorities were covered under Section 10(20) of the Act and their income was exempt. However, by the Finance Act, 2002, with effect from April 1, 2003, an Explanation has been added to Section 10(20) of the Act … charitable purposes and accordingly directing the Commissioner of Income-tax to grant registration under Section 12A/12AA of the Income-tax Act, 1961 ?2. Heard Mr. Anand Parchure, advocate for the appellants and Mr. Thakkar, advocate, for the respondents. Rule. Rule

N.C. Rangesh and Others Vs. Inspector General of Registration and Othe ...

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 230A, 269UA, 269UC, 269UL, 269UL(1) and 269U-O

Reported in : (1990)84CTR(Mad)241; [1991]189ITR270(Mad); (1991)IMLJ233

without jurisdiction. It is also stated that section 230A(1) of the Income-tax Act, 1961 (as amended by the Finance Act, 1988), provides that a tax clearance certificate is necessary, if the valuation of the property transferred exceeds Rs. … the abovementioned purchasers purchased a different extent of undivided interest from the said owner, Mrs. Subhalakshmi, in No. 15, Venkatarama Iyer Street, T. Nagar, Madras-17. Each of the petitioners entered into an agreement individually and has paid

N.C. Rangesh and ors. Vs. Inspector General of Registration, Registrat ...

Court : Chennai

Subject : Direct Taxation

Reported in : (1991)233MLJ1

and without jurisdiction. It is also stated that Section 230-A(1) of the Income-tax Act, 1961, (as amended by Finance Act, 1988) provides that a Tax Clearance Certificate is necessary, if the valuation of the property transferred exceeds Rs. … the above mentioned purchasers purchased different extent of undivided interest form the said owner Mrs. Subbulakshmi, in No. 15, Venkatarama Iyer Street, T. Nagar, Madras-17. Each of the petitioner entered into an agreement individually and has paid