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Commissioner of Income-tax Vs. India Steamship Co. Ltd.
Kolkata
Jan-16-1992
Direct Taxation
Income Tax Act, 1961 - Sections 33, 43 and 43(1)
[1992]196ITR917(Cal)
expenditure, but the intention of the Legislature as contained in Explanation 8 to Section 43(1) inserted by the Finance Act, 1986, is that the benefit of such capitalisation would be denied on and from the assessment year 1974-75. Accordingly,
Tag this Judgment! AI Brief & AskMusthafa Ummer and anr. Vs. Appropriate Authority and ors.
Kerala
Nov-30-2001
Direct Taxation
Income-tax Act, 1961 - Sections 269UC, 269UD and 269UD(1A); Constitution of India - Article 14
(2002)173CTR(Ker)402; [2002]254ITR134(Ker)
considering the validity of the various provisions in Chapter XX-C inserted in the Income-tax Act, 1961, by the Finance Act, 1986. While considering the scope of Section 269UD(1), the apex court held as follows (page 553): 'In the light … . The challenge is against an order passed by the appropriate authority, the Income-tax Department, Bangalore, under Section 269UD(1) of the Income-tax Act, 1961, ordering pre-emptive purchase of immovable property situated in Survey No. 882/ 1 of
Tag this Judgment! AI Brief & AskAssistant Commissioner of Vs. Canara Food Processors (P.) Ltd.
Income Tax Appellate Tribunal ITAT Pune
Mar-12-1993
Direct Taxation
(1993)45ITD500(Pune.)
it has been held that the amendment to Section 40(3)(vi) of the Finance Act, 1983 made by the Finance Act, 1986 was certainly curative and therefore normally could be declared as declaratory of existing law. In that case, the … 1987-88 and arise out of the common orders passed by the CWT (Appeals), Belgaum for these years dated 26-9-1991. wherein he has cancelled the re-assessments made by the Assessing Officer for the assessment years 1984-85, 1985-86 and
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M/S. Alliance Inorganics Ltd. Vs. the Pradeshiya Industrial and Invest ...
National Consumer Disputes Redressal Commission NCDRC
Feb-06-2014
Land Acquisition
the result, we find that the complainants attempt to tilt at wind mills, does not ring the bell. Section 26 of the CP Act, 1986, runs as follows :- œ26. Dismissal of frivolous or vexatious complaints. “ Where … 4. Due to non-availability of central investment subsidy, OP1 refused means of finance and under the new Scheme, OP1 agreed to sanction additional term loan … complainant does not fall in the category of consumer, as defined in Section 2(1)(d) of the Consumer Protection Act, 1986. It must be borne in mind that the definition of consumer, was amended, with effect from 18.06.1993, and
Tag this Judgment! AI Brief & AskShree Sanyeeji Ispat Pvt. Ltd. and anr. Vs. State of Assam and ors.
Guwahati
Oct-07-2005
Sales Tax
Assam General Sales Tax Act, 1993 - Sections 4(1), 4(5), 4A, 5, 9(4), 65A and 74(3); Assam Sales Tax Act, 1947 - Sections 7; Jammu and Kashmir General Sales Tax Act - Sections 8B; Bihar Finance Act - Sections 7 and 7(3); Evidence Act - Sections 115; Uttar Pradesh Sales Tax Act, 1948 - Sections 4; Kerala General Sales Tax Act, 1963 - Sections 10; Karnataka Sales Tax Act, 1957 - Sections 8A; Customs Act, 1962 - Sections 25; Constitution of India - Article 299; Central Excise Rules, 1944 - Rule 8
Government issued notification, on April 4, 1994, in exercise of the powers under Section 7 of the Bihar Finance Act, whereunder the old industrial units, which had started production prior to April 1, 1993 but whose investments in … basis of the fact that those industries had already taken some benefits under the prior Industrial Policy of 1986. The notification, dated April 4, 1994 aforementioned, issued by the State Government was challenged before the High Court … in supersession of all its earlier notifications, yet another notification, dated April 26, 1994, declaring thereunder, with effect from March 11, 1994, certain industries as
Tag this Judgment! AI Brief & AskAgarwal Pesticides and Chemicals Industries Vs. Income-tax Officer.
Delhi
Feb-27-1990
Direct Taxation
[1990]33ITD377(Delhi)
the direction issued by the Dy. Commissioner under sec. 144A or sec. 144B. He also referred to the Finance Act, 1988 which made a change again with effect from 1-6-1988. To the same effect was cited by him … Commissioner of Income-tax, Meerut purporting to do so under the Governments Circulars and Clarification not published in February 1986 (containing Amnesty Scheme) mentioned in CBDT Instruction No. 1691 dated 12-2-1986 and Instruction No. 1692 dated 13-2-1986 and … thereof, the orders, instructions and directions of the Board cannot influence him. Section 119 in terms itself provides that the orders, instructions and directions which … learned commissioner of Income-tax, Meerut for the assessment year 1985-86 and sec. 263 of the Income-tax Act 1961 by which he set aside the assessment
Tag this Judgment! AI Brief & AskMs. Madhushree Gupta Vs. Union of India (Uoi) and anr.
Delhi
Jul-24-2009
Direct TaxationConstitution
Income Tax Act, 1961 - Sections 30(2), 80HHC, 90, 139, 143(1), 143(2), 144, 147, 148, 158B, 162, 164(2), 234A, 240, 256(1), 256(2), 260A, 269SS, 270, 271, 271(1), 271(1B), 271(5), 271D, 273, 273(2), 273B, 274, 275, 276C; Finance Act, 2008; Direct Tax Laws (Amendment) Act, 1987; Direct Tax Laws (Amendment) Act, 1989; Income Tax Act, 1922 - Sections 22(1), 22(2), 23, 28, 28(1), 28(2), 28(6) and 34; Finance Act, 1964; Taxation Laws (Amendment in Misc. Provisions) Act, 1986; Wealth Tax Act; Haryana Civil Services (Executive Branch) and Allied Services and Other Services, Common/ Combined Examination Act, 2002; Bombay Sales Tax Act, 1959; Maharashtra Tax Laws (Levy, Amendment and Repeal) Act, 1989 - Sections 26; Army Act, 1950; Bombay Sales Tax Rules; Army Rules; Constitution of Ind
(2009)225CTR(Del)1; [2009]317ITR107(Delhi); [2009]183TAXMAN100(Delhi)
vires the Constitution of India. The impugned provision which was brought on to the statute book by the Finance Act, 2008 with retrospective effect from (w.r.e.f.) 01.04.1989, has resulted in a grievance in so far as the petitioners/assessees … perhaps of some relevance to only note that by way of the Taxation Laws (Amendment in Misc. Provisions) Act, 1986 w.e.f. 10.09.1986 the following amendment in Sub-section (1) were made.(i) In Clause (a) as it was then, and … under the Rules framed under the Bombay Sales-tax Act, 1959. By virtue of the amendment brought about in Section 26 of the Maharashtra Tax Laws (Levy, Amendment and Repeal) Act, 1989 (Maharashtra Act 9 of 1989) the facility
Tag this Judgment! AI Brief & AskCommissioner of Income Tax Vs. Appollo Tyres Ltd.
Kerala
Aug-29-1998
Direct Taxation
(1998)149CTR(Ker)538
be treated as part of the same business.30. We have considered the matter. Sec. 32AB inserted by the Finance Act, 1986 with effect from 1st April, 1987, sub-ss. (1), (2) and (3) thereof, relevant for the purpose of this … the Tribunal in Glaxo Laboratories (India) Ltd. vs. Income Tax Officer (1986) 26 TTJ (Bom) 214 : (1986) 18 ITD 226 (Bom) , allowed the … relevant accounting period ended, 31st Oct., 1987. The assessee sought reference of as many as 12 questions under section 256(1) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') for opinion of this Court.
Tag this Judgment! AI Brief & AskCommissioner of Income-tax Vs. Enterprises India
Allahabad
Jan-12-2007
Direct Taxation
[2007]291ITR473(All)
Income-tax Appellate Tribunal was legally justified in holding that the first proviso to Section 43B, inserted by the Finance Act, 1987, with effect from April 1, 1988, was retrospective in operation being clarificatory in nature, and thereby directing … 1,75,353 in the year under consideration, which amount had been disallowed under Section 43B in the assessment year 1986-87. After deducting this amount from the outstanding liability of Rs. 2,01,800, the balance of Rs. 26,447 was disallowed
Tag this Judgment! AI Brief & AskDoom Dooma Tea Co. Ltd. Vs. Commissioner of Income-tax
Guwahati
Apr-26-1989
Direct Taxation
Income Tax Act, 1961 - Sections 37 and 40; Companies (Profits) Surtax Act, 1964
Finance Act XXIII of 1986. The surtax is discontinued for and after the assessment year 1988-89 under the Finance Act, 1986. 3. The income-tax was levied at first in 1886. In that Act, no distinction was drawn of sources … A. Raghuvir, C.J. 1. This reference is made under Sub-section (1) of Section 256 of the Income-tax Act, 1961, at the instance of the assessee, a tea company with the name … under the statutes. All taxes are sovereign's share and fall under Article 265 of the Constitution. We have earlier referred to the two cases wherein
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