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Jul 02 2002

Aditya Cement Staff Club Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Jul-02-2002

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 17; Income Tax Rules, 1962 - Ruel 3; Finance Act, 2001 - Sections 17(2)

Reported in : RLW2004(1)Raj396; 2003(4)WLC663

1922 Act, has been compendiously made part of Scheme of Section 15 and 17 of the Income Tax Act, 1961. Section 15 of the Act of 1961 makes salaries due from an employer whether paid or not, or salary … is with reference to the insertion of Clause (vi) in Section 17(2) with effect from 1.4.2002 by the Finance Act, 2001 and amendment in Rule 3 of the Income Tax Rules, 1962 vide Notification dated 25.9.2001, which has

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Jan 04 2008

Commissioner of Income Tax, Bangalore Vs. Infosys Technologies Ltd.

Court : Supreme Court of India

Decided on : Jan-04-2008

Subject : Direct Taxation

Acts : 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)

Reported in : 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

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Jul 15 1993

Balsara Hygiene Products Ltd. and Another Vs. D.S. Saxena and Another

Court : Mumbai

Decided on : Jul-15-1993

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 3, 30, 31, 32, 33, 34, 35, 36, 37, 37(3) and (3)A and 80B; Constitution of India - Articles 19 and 226; Finance Act, 1983 - Sections 17

Reported in : 1994(2)BomCR164; [1994]208ITR623(Bom)

declaration that the amendment made to section 37 of the Income-tax Act, 1961, by section 17(b) of the Finance Act, 1983, by inserting sub-sections (3A) to (3D) is bad in law, illegal, invalid and violative of the petitioners'

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Jul 02 2003

Aditya Cement Staff Club and Birla White Staff Club Vs. Union of India ...

Court : Rajasthan

Decided on : Jul-02-2003

Subject : Direct TaxationConstitution

Acts : Finance Act, 2001 - Sections 2(24), 17(1) and 17(2); Income Tax Act, 1961 - Sections 17(2); Income Tax Rules, 1962 - Rule 3; Constitution of India - Articles 14, 300A, 301 and 304

Reported in : (2003)182CTR(Raj)554; [2004]266ITR70(Raj)

of 1922 Act,, has been compendiously made part of scheme of Sections 15 and 17 of the IT Act, 1961. Section 15 of the Act of 1961, makes salaries due from an employer whether paid or not, or salary … is with reference to the insertion of Clause (vi) in Section 17(2) w.e.f. 1st April, 2002, by the Finance Act, 2001, and amendment in Rule 3 of the IT Rules, 1962, vide Notification, dt. 25th Sept., 2001, which

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Jun 12 2006

Rajendran Pillai Vs. Union of India (Uoi)

Court : Kerala

Decided on : Jun-12-2006

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 17(2) and 192; Finance Act, 1984; Finance Act, 1985; Finance Act, 2001; Income Tax Rules, 1963 - Rule 3 and 3(7); Constitution of India - Article 14

Reported in : (2006)205CTR(Ker)600; 2006(4)KLT149

loan advanced by the employer. In both the cases, the Courts have referred to Section 17(2)(vi) introduced by Finance Act, 1984 with effect from 1.4.1985 and it's later deletion by Finance Act, 1985 retrospectively to neutralize the provision … by the petitioners from various financial instructions is not perquisite coming under Section 17(2) of the Income Tax Act, 1961 hereinafter called the 'Act' for the purpose of deduction under Section 192 of the Act. Petitioners are relying

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Mar 12 2004

Federal Bank Officers Association Vs. Union of India

Court : Kerala

Decided on : Mar-12-2004

Subject : Direct Taxation

Reported in : [2004]140TAXMAN173(Ker)

writ petition. Petitioners seek for a declaration that section 17(2)(vi) of the Income Tax Act as inserted by Finance Act 2001 is illegal and violative of articles 19(1)(g) and 246 of the Constitution of India, and a declaration … of India (2003) 265 ITR 224. I also upheld the validity of section 17(2)(vi) of the Income Tax Act, 1961 following the decision of the Karnataka High Court in Bhel Employees Associations case (supra). Reference was also made

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Feb 15 2024

Association For Democratics Reforms Vs. Union Of India

Court : Supreme Court of India

Decided on : Feb-15-2024

Subject : Right to Information

to submit a report disentitles a political party from any tax relief, as provided under the Income Tax Act, 1961. Section 29C of the Finance Act, 2017, as amended, stipulates that political parties are not required to disclose the … be omitted. This would ensure that the interest in accountability is only abridged to the extent necessary to 170 Civil Appeal No.10044 of 2010 111 PART F protect the legitimate aim of the privacy of the public

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May 04 1976

Commissioner of Income-tax Vs. Ion Exchange (India) Ltd.

Court : Kolkata

Decided on : May-04-1976

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Section 2(17); ;Finance Act; ;Income Tax Act, 1922

Reported in : [1977]110ITR98(Cal)

the following as further reasons on which the conclusion can be supported. 17. Section 2(17) of the Income-tax Act, 1961, which has been fully set … individuals, Hindu undivided families, registered firms, companies, association of persons, local authorities, etc. Income-tax Acts read with the Finance Acts have also placed the companies on a different footing from the other assessees. The minimum taxable limits … Deb, J. 1. The following question is involved in this reference under Section 256(1) of the Income-tax Act, 1961 : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding

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Feb 28 1979

Commissioner of Income-tax Vs. South India Viscose Ltd.

Court : Chennai

Decided on : Feb-28-1979

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 43A; Finance (No. 2) Act, 1967 - Sections 17

Reported in : [1979]120ITR451(Mad)

his costs. Counsel's fee Rs. 500. Direct Taxation - classification of expenditure - Section 43A of Income Tax Act, 1961 and Section 17 of Finance (No. 2) Act, 1967 - assessee (company) entered into agreement with foreign company

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Mar 19 2007

NaraIn Singh and ors. Vs. B.S.N.L. and ors.

Court : Delhi

Decided on : Mar-19-2007

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 17(2); Finance Act; Income Tax Rules, 1962 - Rule 3; Income Tax (Amendment) Rules, 2001; Constitution of India - Articles 14 and 311

Reported in : (2007)211CTR(Del)603

Income Tax Act and the Rules, everyone is aware, are modified from time to time and by the Finance Act, which is passed every year. Income Tax Act and the Rules change form time to time and do … Rules, 1962 can be made. In case, there is no 'concession' then Section 17(2)(ii) of the Income Tax Act, 1961 will not apply and in the absence of the said 'jurisdictional fact', computation under Rule 3 is inconsequential.

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