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Checkmate Services P Ltd Vs. Commissioner Of Income Tax-i

Court : Supreme Court of India

Subject : Land Acquisition

Income Tax-I v Checkmate Services P. Ltd., Tax Appeal No.680 of 2014, dated 14.10.2014. 4 Inserted by the Finance Act, 1987 (11 of 1987), w.e.f. 01.04.1988. 4 are not in the nature of annual contributions of fixed amounts … relevant to the assessment year commencing on the 1st day of April, 1983, or any earlier assessment year) in which the liability to pay such … appeal, for convenience. In all these appeals, the common question involved is with respect to the interpretation of Section 36(1)(va) and Section 43B of the Income Tax Act, 1961 (hereinafter, “IT Act”), and whether the appellant assessees are

Cit Vs. Sabari Enterprises

Court : Karnataka

Subject : Direct Taxation

Reported in : [2008]298ITR141(KAR); [2008]298ITR141(Karn)

giving statutory deductions of payment of tax under the provisions of the Act, Section 43B(b) was inserted by Finance Act, 1983 which came into force with effect from 1-4-1984. Therefore, again the provision of Section 43B(b) clearly provides that … allowable deduction even though it is made beyond the stipulated period as contemplated under the mandatory provisions of Section 36(1)(va) read with Section 2(24)(x) and Section 43B of the Act as the same was paid by the assessee

Britannia Industries Ltd. Vs. Commissioner of Income Tax, West Bengal, ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 30 to 36, 37, 37(1), 37(3), 37(4), 37(5) and 80B; Finance Act, 1964 - Sections 37(3); Finance Act, 1970; Finance Act, 1997; Finance Act, 1983 - Sections 37

Reported in : AIR2005SC4333; (2005)198CTR(SC)313; [2005]278ITR546(SC); JT2005(12)SC98; 2005(8)SCALE148; (2006)1SCC646

(5) of the Income Tax Act, 1961, Section 37 (3) of Finance Act 1964 and Section 37 of Finance Act 1983 - Dispute with regard to disallowance of a sum of Rs. 31,38,017 for the assessment year 1994-1995, which … Part 'D', beginning with Section 28, deals with profits and gains of business or profession. Sections 30 to 36 relate to certain deductions which are allowed inter alia, on account of rent, rates, taxes, repairs and insurance

The Commissioner of Income Tax Vs. Godaveri (Mannar) Sahakari Sakhar K ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 28, 36, 36(1), 43, 43B, 43(2), 139(1) and 145; Provident Funds Act; Finance Act, 2000; Finance Act, 2003 - Sections 21 and 43B; Finance Act, 1983; Finance Act, 1987; Finance Act, 1989

Reported in : (2007)109BOMLR2273; (2007)212CTR(Bom)384; [2008]298ITR149(Bom)

to the deletion of the proviso by to the Finance Act, 2003.4. Section 43B was inserted by the Finance Act 1983 with effect from 1st April 1984. The two provisos were added by Finance Act 1987 with effect from … to employer's contribution while the deduction in respect of employees contribution would be governed by the provisions of Section 36(1)(va);(ii) The deduction in respect of employers contribution is to be allowed if the payment has been made by

Commissioner of Income-tax Vs. Sri Jagannath Steel Corporation

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Section 43B; ;Finance Act, 1983

Reported in : [1991]191ITR676(Cal)

to consider the relevant provisions and the objects and intention behind the introduction of the provisions.6. By the Finance Act, 1983, Section 43B of the Income-tax Act, 1961, was inserted and the provisions came into force with effect from April … on or before the due date as defined in the Explanation below Clause (va) of Sub-section (1) of Section 36.' 17. The first proviso enables an assessee to claim deduction on account of payment of tax if he

Commissioner of Income-tax Vs. Sitaram Textiles Ltd.

Court : Kerala

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 36(1), 43B, 139, 142(1), 142(2), 143, 143(1), 145, 154, 156 and 256(1) ; Finance Act, 1983

Reported in : [2001]248ITR139(Ker)

decision, it was observed thus (headnote) : 'Section 43B of the Income-tax Act, 1961, was inserted by the Finance Act, 1983, with effect from 1st April, 1984. In respect of the items set out in the four clauses of … for the welfare of employee, or (c) any sum referred to in Clause (ii) of Sub-section (1) of Section 36, or (d) any sum payable by the assessee as interest on any loan or borrowing from any public

Deputy Commissioner of Income Tax Vs. Shree Vallabh Glass Works Ltd.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

will be discussed in later part of this order.7. The provisions of Section 43B were inserted by the Finance Act, 1983. It may therefore, be relevant to look at the Memorandum explaining the provisions of the Finance Bill, 1983, … delayed payments of PF, FPF and ESI by invoking the provisions of Section 43B r/w Section 2(24)(x) and Section 36(1)(va) of the IT Act, 1961. He contended that the appellant company was declared as a sick industry vide

Dy. Cit Vs. Shree Vallabh Glass Works Ltd.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2002)76TTJ(Ahd.)652

such loan, or The following clause (f) shall be inserted after clause (e) of section 43B by the Finance Act, 2001, with effect from 1-2-2002; (f) any sum payable by the assessee as an employer in lieu of … this order.The provisions of section 43B were inserted by the Finance Act, 1983.It may, therefore, be relevant to look at the Memorandum explaining the provisions … payments of PF, FPF and ESI by invoking the provisions of section 43B read with section 2(24)(x) and section 36(1)(va) of the Income Tax Act, 1961. He contended that the appellant company was declared as a sick industry

Mitsui and Company Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

by inserting an explanation in s. 9(ii) of the IT Act, 1961, w.e.f. 1st April, 1979 by the Finance Act, 1983 [140 ITR (St) 116], it is clarified and declared that the income which falls under the head "salaries" … viz. John Patterson & Co. (India) Ltd. vs. ITO & Ors. (1959) 36 ITR 449 (Cal), ITO vs. S. A. Hareford (1985) 11 ITD 569 … penalty if a person proves that there was reasonable cause for failure to deduct tax at source. The section unlike the provisions of s. 271(1)(c) does not contain any artificial deeming provisions. The only inroad created is

The Commissioner of Income Tax Vs. M/S Merchem Limited

Court : Kerala

Subject : Direct Taxation

Thereafter, in paragraph 15 of the judgment, it was held that the amendments were brought about under the Finance Act, 1983 for the purpose of ensuring that the relaxation/incentive was restricted only to tax, duty, cess and fee under … case, the assessee whose contribution towards PF/ESI is not in consonance with the provisions of the Explanation to section 36(1)(va) is entitled to claim deduction of the same under Sec.43B of the Income Tax Act? (b) If the