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Elkem Technology, by Gpa Sponge Iron India Limited Vs. the Deputy Comm ...

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 9(1) and Sections 260A; Finance Act, 1976

Reported in : (2001)169CTR(AP)49; [2001]250ITR164(AP); [2001]117TAXMAN382(AP)

where income actually accrues or is received in India.6. Clause (vii) of Section 9 was inserted by the Finance Act, 1976, with effect from 1.6.1976 and a proviso was added to it by the Finance (No.2) Act, 1977, with

Commissioner of Income-tax Vs. Sri Krishna Oil Complex Ltd.

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 9, 9(1), 115A, 163 and 163(1); Finance Act, 1976

Reported in : [2000]242ITR48(AP)

of provision - Sections 9, 9 (1), 115A, 163 and 163 (1) of Income Tax Act, 1961 and Finance Act, 1976 - question of applicability of Section 9 (1) (vi) raised - assessee-company entered into collaboration agreement with American

Engineering Analysis Centre Of Excellence Private Limited Vs. The Comm ...

Court : Supreme Court of India

Subject : Direct Taxation

invention, model, design, secret formula or process or trade mark or similar property ; 15 Inserted by the Finance Act 1976 (66 of 1976), sec 4(b) (w.e.f. 1-6-1976). 30 (iv) the imparting of any information concerning technical, industrial, commercial … to royalty and as this was so, the same constituted taxable income deemed to accrue in India under section 9(1)(vi) of the Income Tax Act, 1961 [“Income Tax Act”]., thereby making it incumbent upon all such persons to

N.V. Philips Vs. Commissioner of Income-tax (No. 1)

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 9(1), 256(1) and 263; ;Finance Act, 1976; ;Patents Act, 1970; ;Indian Patents and Designs Act, 1911; ;Companies (Profits) Surtax Act, 1964 - Schedule - Rule 1

Reported in : (1987)65CTR(Cal)103,[1988]172ITR521(Cal)

assessment years involved.14. The Tribunal held that Clauses (v), (vi) and (vii) of Section 9(1) incorporated by the Finance Act, 1976, with effect from June 1, 1976, were new pieces of legislation, prospective in operation and the same could

Commissioner of Income Tax Vs. Siemens Aktiongesellschaft

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 4(2), 5, 9, 9(1), 9(2), 10(1), 10(2), 90, 90(1), 90(2) and 195; Finance Act, 2007; Indian Income Tax Act, 1922; Finance Act, 1976; Finance Act, 1977; Income Tax (Amendment) Act, 1976

Reported in : (2008)220CTR(Bom)425; [2009]310ITR320(Bom); [2009]177TAXMAN81(Bom)

therein. We are not concerned with the amendment as we are concerned with the asst. yr. 1979-80.16. The Finance Act 1976 w.e.f. 1st June, 1976 introduced Clauses (v), (vi) and (vii) to Section 9(1). Clause (v) deals with income

Shree Fats and Proteins Ltd. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : Sales Tax

Acts : Finance Act, 2000 - Sections 119 and 120; Central Sales Tax Act, 1956 - Sections 9, 9(2), 9(2A) and 9(2B); Rajasthan Sales Tax Act, 1994 - Sections 29, 37, 53, 58, 70 and 70(2); Rajasthan Sales Tax Act, 1954 - Sections 12; Kerala General Sales Tax Act, 1963 - Sections 23(3); Constitution of India - Articles 14, 19 and 19(1)

Reported in : [2006]146STC310(Raj)

it was felt that levy of A interest would also be unsustainable, therefore by Central Sales Tax (Amendment) Act, 1976 Section 9 was amended and the words, 'charging for payment of interest' was inserted with retrospective effect and a validation … numbering 29, the petitioners have challenged the provisions of Sub-clause (2)(d) of the validation Clause 120 of the Finance Act, 2000 (Act No. 10 of 2000) be declared to be violative of Articles 14 and 19(l)(g) of the

The Commissioner of Income-tax Vs. Balaji Hotels and Enterprises Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 23A, 80IA, 80IA(2), 143(1), 143(2), 143(3) and 260A; Central Excises Act; Finance Act, 1976 - Sections 2 and 2(9)

Reported in : [2009]311ITR389(Mad)

capsules cannot be regarded as the business of processing goods within the meaning of Clause (c) of sub section (9) of Section 2 of the Finance Act, 1976, and a company engaged in such activity cannot be regarded … of goods within the meaning of the definition of 'industrial company' as contained in Section 2 of the Finance Act, 1976, or not. After considering the arguments, the Bombay High Court held as follows:On a careful perusal of the

income-tax Officer Vs. R.T. Lawrence

Court : Income Tax Appellate Tribunal ITAT Allahabad

Subject : Direct Taxation

Reported in : (1986)15ITD490(All.)

in India shall be deemed to accrue or arise in India. An Explanation has been added by the Finance Act, 1983, with effect from 1-4-1979. This Explanation states that for the removal of doubts, it is hereby declared … laid down in this case, it will be necessary to refer to the relevant provisions of the Act. Section 4 of the Act, which is the charging section, levies charge on the total income of the previous … We are again here concerned with Clause (b) of Section 5(2). Section 9(1)(ii) of the Act lays down that income which falls under the head

Commissioner of Income-tax Vs. Vijay Ship Breaking Corporation

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(28A), 4, 4(1), 4(2), 5(2), 9(1), 40, 80HH, 80HH(2), 80I, 80I(2), 90, 195 and 195(1); Interest Act, 1978 - Sections 2; Finance Act, 1976

Reported in : [2003]261ITR113(Guj)

prior to the insertion of the provisions of Clause (v) in Section 9(1) of the Act by the Finance Act, 1976, with effect from June 1, 1976. (t) The decision of the Supreme Court in Central Bank of India

Jindal thermal Power Company Limited (Earlier Known as Jindal Trancteb ...

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act - Sections 5, 9, 9(1), 9(2), 195, 201, 246, 246(1) and 248; Finance Act, 1976

Reported in : (2009)225CTR(Kar)220; [2009]182TAXMAN252(Kar)

in India Section 9 provides for situations where income is deemed to accrue or arise in India. Vide Finance Act, 1976, a source Rule was provided in die said Section through insertion of Clauses (v), (vi) and (vii) for