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Nov 11 2002

South Indian Bank Ltd. Vs. Cit

Court : Kerala

Decided on : Nov-11-2002

Subject : Direct Taxation

Reported in : [2003]130TAXMAN749(Ker)

of section 36(1) and clause (v) of section 36(2) were inserted simultaneously with effect from 1-4-1985 by the Finance Act of 1985. Clause (viia) of section 36(1) of the Act, it must be noted, was inserted by Act … such bank, computed in the prescribed manner;Clause (viia) had again undergone a change, by the Income Tax (Amendment) Act, 1986 from 1-4-1987, the relevant portion of which reads as follows :'(viia) in respect of any provision for bad … the total income computed before making any deduction under this clause and Chapter VIA and an amount not exceeding two per cent of the aggregate

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Feb 20 1996

Commissioner of Income-tax Vs. Export India Corporation (P.) Ltd.

Court : Punjab and Haryana

Decided on : Feb-20-1996

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 269C, 269D, 269F, 269H and 269UD; Finance Act, 1986

Reported in : (1996)133CTR(P& H)224; [1996]219ITR461(P& H)

immovable property after September 30, 1986, and a new Chapter XX-C was introduced in the Act by the Finance Act, 1986, with effect from October 1, 1986. Section 266RR provides that Chapter XX-A will not apply in relation to … Ashok Bhan, J.1. The Commissioner of Income-tax, Haryana, Rohtak, has directed this appeal under Section 269H of the Income-tax Act, 1961, against the order passed by the Income-tax Appellate Tribunal, Chandigarh Bench, Chandigarh, whereby

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Oct 05 1998

Indian Drugs and Pharmaceuticals Ltd. Vs. Union of India (Uoi) and anr ...

Court : Chennai

Decided on : Oct-05-1998

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 269UD, 269UD(1) and 269UE(2); Constitution of India; Finance Act, 1986; Public Premises (Eviction of Unauthorised Occupants) Act, 1971; Tamil Nadu Buildings (Lease and Rent Control) Act, 1960

Reported in : [2000]241ITR116(Mad)

unconstitutional and void and it is ultra vires Parliament. According to them, Chapter XXC was inserted by the Finance Act, 1986, with effect from October 1, 1986, and the said Chapter enables the Central Government to purchase immovable properties … Y. Venkatachalam, J.1. Invoking Article 226 of the Constitution of India, the petitioner herein has filed the present writ petition, seeking for a writ

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Nov 11 2002

South Indian Bank Ltd. Vs. Commissioner of Income-tax

Court : Kerala

Decided on : Nov-11-2002

Subject : Direct Taxation

Acts : Finance Act, 1985; Income Tax Act, 1961 - Sections 36, 36(1) and 36(2)

Reported in : (2003)183CTR(Ker)21; [2003]262ITR579(Ker)

36(1) and Clause (v) of Section 36(2) were inserted simultaneously with effect from April 1, 1985, by the Finance Act, 1985. Clause (viia) of Section 36(1) of the Act, it must be noted, was inserted by Act 21 … the prescribed manner, whichever is higher.' 4. Clause (viia) had again undergone a change, by the Income-tax (Amendment) Act, 1986, from April 1, 1987, the relevant portion of which reads as follows :'(viia) in respect of any provision … the total income (computed before making any deduction under this clause and Chapter VI-A) or an amount not exceeding two per cent, of the aggregate

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Jul 19 2001

N. Karuna and anr. Vs. Appropriate Authority and ors.

Court : Andhra Pradesh

Decided on : Jul-19-2001

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 269UA, 269UC, 269UC(1), 269UC(2), 269UC(3), 269UC(4), 269UD, 269UD(1), 269UD(1A), 269UD(1B), 269UF(2), 269UL and 269UL(2); Transfer of Property Act, 1882 - Sections 53A; Registration Act, 1908; Finance Act, 1986

Reported in : [2001]251ITR230(AP)

other law for the time being in force.' 9. Chapter XX-C was inserted in the Act by the Finance Act, 1986, with effect from October 1, 1986. The object and purpose of inserting Chapter XX-C in the Act was … 37-I of the Income-tax Act, 1961, as illegal and arbitrary by setting aside the proceedings dated February 7, 2000, in Proc. No. AA/BNG/10(44)/1/99-2K, on the file of the second respondent and further direct the respondents to forthwith

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Oct 24 2007

Hiten Rashmikant Mehta and Swati Hiten Mehta Vs. Union of India (Uoi) ...

Court : Mumbai

Decided on : Oct-24-2007

Subject : Direct Taxation

Acts : Income Tax Rules, 1962 - Rule 48DD, 48L and 48L(2); Income Tax (Seventh Amendment) Rules, 1987; Income Tax Act, 1961 - Sections 269A, 269AB, 269AB(1), 269AB(2), 269D(1), 269F(7), 269RR, 269UC, 269UC(3) and 269UD(1); Finance Act, 1986; Transfer of Property Act, 1882 - Sections 53A; Registration Act, 1908

Reported in : (2007)109BOMLR2567; (2008)214CTR(Bom)303; [2009]311ITR212(Bom)

or in relation to the transfer of immovable property made after 30th September, 1986. Simultaneously, by the said Finance Act, 1986, Chapter XX-C was inserted in to the Act w.e.f. 1st October, 1986 empowering the Central Government to purchase immovable … petition is filed to challenge the order dated 15th February, 1993 passed by the Appropriate Authority under Section 269UD(1) of the Income Tax Act, 1961 ('Act' for short), as well as constitutional validity of Rule 48L of

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Feb 17 1992

S.A. Casting Industries (P) Ltd. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Feb-17-1992

Subject : Service Tax

Reported in : (1992)(43)LC271Tri(Delhi)

from the whole of the auxiliary duty of the Customs thereon under Sub-section 1 of Section 19 of Finance Act, 1986. There is no dispute that colour scanner, on its merits, falls within Chapter 90 of the Schedule. The … claimed total exemption from the payment of auxiliary duty on the imported goods under Notification No. 139/90 dated 20.3.1990 in which against Serial No. 34 'Casting Machine' was specifically mentioned. The Assistant Collector held that the imported

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Jul 14 1997

Parakh Foods Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Jul-14-1997

Subject : Direct Taxation

Reported in : (1998)64ITD396(Pune.)

then, the Assessing Officer shall proceed to assess the undisclosed income in accordance with the provisions of this Chapter. (2) The total undisclosed income relating to the block period shall be charged to tax, at the rate specified … as the Budget Speech of Finance Minister in the Parliament and Explanatory Notes on the Finance Bill and Finance Act, 1985. His first contention was that the intention of the Legislature is to assess only undisclosed income as … to 1994-95 and period from 1-4-1995 to 12-7-1995 relevant to assessment years 1986-87 to 1996-97.2. The assessee is a limited company engaged in the manufacture

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Apr 28 2015

M/s. Greatship (India) Ltd. Vs. Commissioner of Service Tax Mumbai-I a ...

Court : Mumbai

Decided on : Apr-28-2015

Subject : Service Tax

“Supply of Tangible Goods for use” as has been defined under Section 65(105)(zzzzj) of Chapter V of the Finance Act, 1994 (hereinafter referred to as “the said Act”). It is also not in dispute that the appellant has … government of India in the Ministry of External Affairs Nos. S. O. 429 (E) dated the 18th July 1986 and S.O. 643 (E), dated the 19th September,1996 with immediate effect.” Notification No. 21/2009-S.T. Dated 07 Jul 2009 … 1. An interesting question as to whether the Notification No. 14/2010-ST dated 27.2.2010 is clarificatory / declaratory in nature or as to whether it brings

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Aug 26 2014

M/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise

Court : Mumbai

Decided on : Aug-26-2014

Subject : Service Tax

amount of Rs.2,04,39,093/- under provisions of Rule 14 of the Credit Rules read with Section 73 of the Finance Act,1994. In respect of towers and parts thereof, prefabricated building, printers and office chairs, the Commissioner observed that the … inputs for manufacture of sanitary-ware. The assessee had claimed the benefit of exemption under a Notification no.217 of 1986. The revenue declined to grant benefit of exemption. The Tribunal had set aside the orders passed by the … in providing output service. Subsequently, information about use of the goods and Chapter heading under the Central Excise tariff was called for from the appellant.

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