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Deputy Commissioner of Income-tax and anr. Vs. Karnataka Bank Ltd.

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 260A; Finance Act, 1985 - Sections 28, 36(1) and 36(2); Income Tax (Amendment) Act, 1986

Reported in : [2009]316ITR345(KAR); [2009]316ITR345(Karn); (2008)218CTR(Kar)273; 2008AIRSCW1287; 2008(2)SCC475.

No. 258, dated June 14, 1979, to the assessment year 1993-94 though Section 36(2) stood amended by the Finance Act, 1985, with effect from April 1, 1985?3. For the sake of convenience, facts appearing in I.T.A. No. 480 of … Rs. 2,27,23,510. In the return of income filed by the assessee it has claimed a sum of Rs. 38,28,836 as bad debts actually written off. It also claimed provision for bad and doubtful debts under Section 36(1)

Commissioner of Central Excise, Bangalore Vs. M/S. Stanzen Toyotetsu I ...

Court : Karnataka

Subject : Service Tax

Reported in : 2012ILR(Kar)55; 2012(1)KCCR468(DB)

of final products shall be allowed to take credit, the service tax leviable under Section 66 of the Finance Act and paid on any input service received by the manufacturer of a final product. Therefore under the scheme … are manufacturers of parts and accessories of motor vehicles falling under Chapter 87089900 of the Central Excise Tariff Act, 1985. They are also availing Cenvat credit of duty paid on inputs, capital goods and service tax paid on … a welfare measure is an obligation which is cast under the Statute that the employer has to obey. Section 38 of the Employees State Insurance Act, 1948, mandates that subject to the provisions of the Act, all employees

Gkw Limited and anr. Vs. State of Rajasthan

Court : Rajasthan

Subject : Constitution

Reported in : AIR2008Raj90; RLW2008(2)Raj1627

Bhandari, J.1. In all these writ petitions, a challenge has been made to the Chapter VII to Rajasthan Finance Act, 2006 (hereinafter referred to as 'the Act of 2006') and Rules framed thereunder, as well as consequential notification … as consequential notification issued. It has been contended that the State of Rajasthan initially enacted Rajasthan Land Tax Act, 1985 (for short, 'the Act of 1985') for imposition of tax on the mineral bearing lands. However, said enactment … substantiate arguments, Learned Counsel for the petitioners referred to certain provisions of the impugned Act. Firstly, referring to Section 38 of the Act of 2006, it was focused that the definition of land as provided under Section 38

Century Enka Ltd. Vs. Collector of Central Excise and

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Service Tax

Reported in : (1994)(69)ELT44Tri(Mum.)bai

the litigation could come to a standstill. Further, the Supreme Court has in Union of India v. Kamlakshi Finance Corporation - 1991 (55) E.L.T. 433 (SC) in relation to implementation of the order appealed against, observed that … Union of India v. GTC Industries Ltd. - 1991 (56) E.L.T. 733 (Bom.), where considering the provisions of Section 38 of the Central Excises and Salt Act, 1944, the said High Court has held that the publication of

Commissioner of Income-tax Vs. Bank of Rajasthan Ltd.

Court : Rajasthan

Subject : Direct Taxation

Acts : Income Tax (Amendment) Act, 1986 - Sections 36(1); Income Tax Act, 1961 - Sections 36(1) and (2)

Reported in : [2002]255ITR599(Raj)

the assessment year 1987-88.2. This court admitted the appeal on the following question of law :'Whether after the Finance Act, 1985, amending the provisions of Section 36(l)(vii) and Section 36(2) with effect from April 1,1985, inserting a proviso to … the deduction under Section 36(l)(viia) to the tune of Rs. 34,82,940 for the assessment year 1985-86 and Rs. 38,77,230 for the assessment year 1986-87 with respect to bad and doubtful debts on advances made by its rural

Cit Vs. the Bank of Rajasthan Ltd.

Court : Rajasthan

Subject : Direct Taxation

Reported in : (2002)174CTR(Raj)400

the assessment year 1987-88.2. This court admitted the appeal on the following question of law :'Whether after the Finance Act, 1985, amending the provisions of section 36(1)(viii) and section 36(2) with effect from 1-4-1985, inserting proviso to section 36(i)(vii) … the deduction under section 36(1)(viia) to the tune of Rs. 34,82,940 for the assessment year 1985-86 and Rs. 38,77,230 for the assessment year 1986-87 with respect to bad and doubtful debts on advances made by its rural

Tungabadra Sugar Works Mazdoor Sangh Represented by Its President Vs. ...

Court : Chennai

Subject : Company

Acts : Companies Act, 1956 - Sections 442, 446, 446(1), 456, 457, 529A, 530 and 537; Income Tax Act, 1961; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18, 19(7), 19(19), 19(22), 25 to 30, 32, 34, 34(1) and 34(2); State Financial Corporations Act, 1951 - Sections 31 and 46B; Industrial Finance Corporation Act, 1948; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Sick Industrial Companies (Special Provisions) Act, 1985; Life Insurance Corporation Act, 1956 - Sections 15 and 41; Income Tax Rules - Rules 38 and 52(2); Companies (Court) Rules, 1959 - Rules 9 and 117; Recovery of Debts Due to Banks and Financial Institutions Rules; Constitution of India - Articles 136, 226 and 227

Reported in : (2009)8MLJ15

Act or the rules made thereunder shall be in addition to, and not in derogation of, the Industrial Finance Corporation Act, 1948 (15 of 1948), the State Financial Corporations Act, 1951 (63 of 1951), the Unit Trust … the Industrial Reconstruction Bank of India Act, 1984 (62 of 1984) and the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986).The provisions of Section 34(1) clearly state that the RDB Act overrides other laws to the … and also the certificate, the Recovery Officer issued an order under Rule 38 and Rule 52(2) of the second schedule to the Income Tax Act,

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 … the assesses is directed 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

Kashinath Tapuriah Vs. Incab Industries Limited and ors.

Court : Kolkata

Subject : Company

Acts : Indian Companies Act, 1913; ;Companies Act, 1956 - Sections 9, 36, 286, 172, 173, 175 and 255; ;Industrial Finance Corporation Act, 1948 - Section 25; ;Specific Relief Act - Sections 14, 15, 38 and 38(2)

Reported in : [1998]93CompCas725(Cal),99CWN1178

institutions, i.e., Industrial Credit and Investments Corporation of India Ltd. (hereinafter referred to as 'the ICICI'), LIC Housing Finance Ltd., Unit Trust of India and National Insurance Co. Ltd., respectively. Defendant No. 6 is a nominee director … CWN 509. 73. The learned advocate for defendants Nos. 2 to 5 has also referred to Chapter VIII, Section 38 of the Specific Relief Act. He has submitted that no perpetual injunction could be claimed as under Section

M/S Kelvinator of India Ltd. Vs. the Commissioner of Income Tax and or ...

Court : Delhi

Subject : Direct Taxation

u/s 43B Disallowance of depreciation and investment allowance on account of retrospective amendment of section 43(1) by the Finance Act, 1986. Excise Duty reconcilable account which had resulted in excess debit of Excise Duty to the profit and … Commissioner of Income-tax by an order dated Nil communicated through letter dated 07.09.1989, the relevant assessment year being 1985-86. The petitioner preferred a revision petition under section 264 against the said order before the Commissioner of Income-tax … of depreciation and investment allowance on reinstated machinery Rs. 100.18 lakhs Rs. 38.62 lakhs Rs. 197.44 lakhs Rs.36.10. lakhs 10. Thereafter the Commissioner came to