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Commissioner of Income-tax Vs. Rajesh Kumar Jalan

Court : Guwahati

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(47), 45, 53, 54, 54(1), 54(2), 139, 139(1), 139(4), 142(1) and 260A; Finance Act, 1985; Transfer of Property Act, 1882 - Sections 53A

of a long-term capital asset ['to which the provisions of Section 53 are not applicable, omitted by the Finance Act, 1985 with effect from 1-4-1985] being buildings or lands appurtenant thereto, and being a residential house, the income of

J.K. Cotton Spinning and Weaving Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Excise

Reported in : (1989)(23)LC385Tri(Delhi)

or factory, liable to payment of Central Excise duty. The Court further held that Section 51 of the Finance Act, 1982, (which legislated the retrospective amendment) was subject to the provisions of Section HA of the Central Excises … the Tribunal's observations in the case of Bramac Suri (P) Ltd. Delhi v. Collector of Central Excise, Kanpur 1985 ECR 1880 (CEGAT) (para 6).8. Replying to the above submissions, G.V. Naik, Learned Departmental Representative, submitted at the … and the demand being for a total of Rs. 3,13 10 077 47P The period covered by this notice thus included also the period covered

In Re: U.P. Cement Corporation Ltd. (In Liquidation)

Court : Allahabad

Subject : Company

Acts : Companies Act, 1956 - Sections 443, 446, 457, 457(1), 466, 643(1) and 643(2); Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 20 and 20(1); Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Companies (Court) Rules, 1959 - Rules 272 to 274

Reported in : [2002]112CompCas562(All)

directed to submit rehabilitation proposal with the help of Tata Consultants within two months indicating the means of finance. No proposal was received by the Board within the time indicated. By the same order of the BIFR … of India, Allahabad Bank and IDBI were directed under Section 21 of the Sick Industrial Companies (Special Provisions) Act 1985, to prepare a complete inventory of all assets and liabilities and lists of registers/records/documents of shareholders and creditors … No. 281 of 1999. 11. At this stage, the subject application No. 47788 of 2001 (A-31) was filed on 17-5-2001 by the State Government with

Rajkot Engineering Association and ors. and Vs. Union of India and ors ...

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 40A, 40A(3), 44AA, 44AA(2), 44AB, 69D, 131, 132, 132(5), 139(1), 139(9), 139A, 140A, 142, 142(2A), 246, 246(2), 269C, 271, 271(1), 271A, 271B, 272, 272A, 272B, 273, 273A(A), 288 and 288(2); Income Tax Rules, 1962 - Rule 6G; Constitution of India - Articles 14 and 19

Reported in : (1986)54CTR(Guj)272; (1987)1GLR3; [1986]162ITR28(Guj)

that in so far as the proviso to the impugned provision of section 44AB as amended by the Finance Act, 1985, with effect from April 1, 1985, permits an assessee required by or under any other law jto get … impugned provisions for the time in the statute book having far-reaching repercussions. This contention, therefore, also stands rejected. 47. Re : Contention No. 3(b)(i) and (ii) : The challenge to the impugned provisions is two-fold. In the

Gautam Sarabhai Trust No. 31 Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (1987)20ITD528(Ahd.)

cannot be redundant, in the position of law as obtained after the introduction of Section 47(vii) by the Finance Act, 1967, there is a transfer by the shareholder when he receives shares in the amalgamated company in lieu

i.T.C. Ltd. and Another Vs. Union of India and Anothers

Court : Delhi

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35A, 35E, 35F and 36; Central Excise Rules - Rule 9B; Constitution of India - Article 226; Finance Act, 1982

Reported in : 1987(30)ELT321(Del)

the amendments were initially proposed in clause 47 of the Finance Bill, 1982, though subsequently enacted into the Finance Act, 1982 we may refer to the provisions of the Finance Bill here. The amendment proposed by clause 47 … This amendment is being given effect to retrospectively from 1st October 1975.' These provisions now find place in Section 47 of the Finance Act, 1982. 17. In view of the above retrospective amendment to the statute, the writ … on the decision of the Andhra Pradesh High Court dated 1st August, 1985 in a batch of writ appeals in the cases of Andhra Pradesh

Dalmia Cement (Bharat) Ltd. Vs. Commissioner of Income Tax

Court : Delhi

Subject : Direct Taxation

by him.5. The said section 43B and, in particular, clause (a) thereof was amended by virtue of the Finance Act, 1988 which came into effect from 01.04.1989. The said section, after amendment, to the extent relevant for our … examining this question are that the assessee (respondent herein) claimed expenditure of Rs.1,45,29,207/- in respect of assessment year 1985-86 as accrued liability to pay cess and cess surcharge under Section 115 and 116 respectively of the Tamil … of Commissioner of Income Tax v. Orient Paper and Industries Ltd.:214. ITR 47.(Cal). In that case, the Calcutta High Court held that the amendment to

Jagdish Chander Malhotra Vs. Income Tax Officer

Court : Delhi

Subject : Direct Taxation

Reported in : (1998)62TTJ(Del)314

significant amendments by the Taxation Laws (Amendment) Act, 1984 with effect from 1-4-1985 as well as by the Finance Act, 1987 w.e.f. 1-4-1988. It will be worthwhile to reproduce the provisions of section 2(47) as it existed w.e.f.

Satyam Co-operative Housing Society Ltd. Vs. Calcutta Improvement Trus ...

Court : Kolkata

Subject : PropertyConstitution

Acts : Calcutta Improvement Act, 1911 - Sections 43, 43(1), 47(1) and 49(1); ;Constitution of India - Article 226; ;Land Acquisition Act, 1894 - Sections 4 and 6

Reported in : AIR1989Cal263,93CWN603

It is alleged that for the first time, in or about February, 1985, the Society came to know from the respondent No. 1 that the … and the objections from the persons who might be affected by such scheme in the manner contemplated in Section 47 of the Act and publication of the declaration regarding intention to execute the scheme under Section 49 of … hands of the Calcutta Improvement Trust authorities were tied and the scheme could not be implemented until necessary finances were provided for to implement the scheme. The substance of the argument of Mr. Sengupta is, that there

Deputy Commissioner of Income Tax Vs. General Electric Co. Plc.

Court : Kolkata

Subject : Direct Taxation

Reported in : (2001)71TTJ(Cal)973

aforesaid judgment, we find it useful to recall that, at the time of introduction of section 45(3) vide Finance Act 1987, CBDT Circular No. 495, dt, 22-9-1987, (published at (1987) 67 CTR 11 observed as follows :'..........24. 1. … assessee further submitted that transfer of India shares to GEC Alsthom NV did not come in purview of section 47(v) and (vi), because GEC. Alsthom NV was not an Indian company. The learned assessing officer was not impressed