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Deputy Commissioner of Income Tax, Ahmedabad Vs. Core Health Care Ltd.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28 to 41, 43, 43(1), 80HH, 80I, 90(2) and 260A; Finance Act, 1986 - Sections 43(1); Finance Act, 2003

Reported in : 105(2008)CLT433(SC); (2008)215CTR(SC)1; [2008]298ITR194(SC); JT2008(2)SC367; 2008(2)SCALE327; (2008)2SCC465; 2008AIRSCW1425

directly or indirectly by any other person or authority. Explanation 8 has been inserted in Section 43(1) by Finance Act, 1986 (23 of 1986), with retrospective effect from 1.4.74. It is important to note that the word 'actual cost' … determination of actual cost in Section. 43(1) has relevancy in relation to Section 32(depreciation allowance); Section 32A(investment allowance), Section 33(development rebate allowance), and Section 41 (balancing charge). 'Actual cost' of an asset has no relevancy in relation to

Commissioner of Wealth-tax Vs. M.K. Abdul Khader Haji (Decd.)

Court : Kerala

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 5 and 5(1); Finance Act, 1976; Foreign Exchange Regulation Act, 1973

Reported in : [2000]242ITR728(Ker)

immediately preceding the date of his return. Explanation 2 to Section 5(l){xxxiii) {which has been inserted by the Finance Act, 1986, with retrospective effect from April 1, 1977) clarifies that moneys standing to the credit of an eligible assessee

isolux-soma-omaxe Consortium Vs. Madhucon Projects Pvt. Ltd. and ors.

Court : Supreme Court of India

Subject : ContractCommercial

Acts : National Highways Authorities of India Act, 1986 - Sections 33

Reported in : JT2009(7)SC26; 2009(6)SCALE159:2009AIRSCW3144

Central Government had in purported exercise of power under Section 33 of the National Highways Authorities of India Act, 1986, (in short the `Act') imperated transparency in the process of evaluation and in fact re-evaluation was done in … in the second stage of the bid process. The tender in question related to design, engineering, construction, development, finance operation and maintenance of Hyderabad Vijaywada Section of the National Highway (NH-9) from KM 40.00 KM 221.500 in

Core Health Care Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

the learned Accountant Member. Further I find that the aforesaid provision came into force in the statute by Finance Act, 1986 with retrospective effect from 1-4-1974. Admittedly, that provision was not in existence while Hon'bte Supreme Court and Hon'ble … determining the actual cost of such machinery to the assessee for the purpose of allowing development rebate under section 33. There is no need to resort to section 43A(1) and the provisions of section 43A(2) cannot, therefore, be

Core Health Care Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2001)70TTJ(Ahd.)490

by the learned Accountant Member.Further, I find that the aforesaid provision came into force in the statute by Finance Act, 1986, with retrospective effect from 1-4-1974.Admittedly, that provision was not in existence while Hon'ble Supreme Court and Honble Gujarat … determining the actual cost of such machinery to the assessee for the purpose of allowing development rebate under section 33. There is no need to resort to section 43A(1) and the provisions of section 43A(2) cannot, therefore, be

Ambika Nahar Exports and anr. Vs. Commissioner of Customs (Port) and o ...

Court : Kolkata

Subject : Customs

Acts : Customs Act, 1962 - Sections 28, 125, 128, 128A, 129A to 129E, 130, 130A and 130E; ;Finance Act, 1984 - Section 40; ;Customs Tariff Act, 1975; ;Customs and Central Excises Laws (Amendment) Act, 1988; ;Customs and Excise Revenues Appellate Tribunal Act, 1986 - Section 3; ;Central Excise Act, 1944 - Section 35F; ;Income Tax Act, 1961 - Sections 254(1), 254(2), 256 and 256(1); ;Indian Income Tax Act, 1922 - Sections 33(4) and 66(1); ;Indian Penal Code (IPC), 1860 - Sections 193, 196 and 228; ;Code of Criminal Procedure (CrPC) , 1973 - Section 195; ;Code of Civil Procedure (CPC) , 1908; ;Constitution of India - Article 226

Reported in : 2007(3)CHN625

the first proviso to Sub-section (1), which is pending immediately before the commencement of Section 40 of the Finance Act, 1984, before the Appellate Tribunal and any matter arising out of or concerned with such appeal and which … Customs and Excise Revenues Appellate Tribunal established under Section 3 of the Customs and Excise Revenues Appellate Tribunal Act, 1986 (62 of 1986), against such decision or order.Section- 129DD. Revision by Central Government.-(1) The Central Government may, on … it was held that there could be only one order under Section 33(4) of the Act and that was the final order; all other orders

Mafatlal Industries Ltd. Vs. Collector C. Ex. and Cus.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Excise

Reported in : (1991)LC65Tri(Mum.)bai

be deemed to be removal. This Notification dated 20-2-1982 was given retrospective effect through Section 51 of the Finance Act, 1982, which received the President's assent on 11-5-82. The retrospective validity of Section 51 of the Finance Act … Shri Nanavati also contended that the Karnataka High Court Judgment relied upon by the 'D' Bench reported in 1986 (24) ELT 507 is not appropriate because even there, the issue to be decided was Rules 9 & … Wvg. Mills Ltd. particularly with reference to paras 30, 31, 32 and 33 thereof and argued that since the cause of action has arisen, even

Commissioner of Income-tax Vs. Appollo Tyres Ltd.

Court : Kerala

Subject : Direct Taxation

Acts : Companies Act, 1956 - Sections 205, 205(1), 205(2), 348, 349 and 350; Income Tax Act, 1961 - Sections 28, 32AB, 32AB(1), 32AB(2), 32AB(3), 32AB(5), 43, 72, 73, 115J, 115JA and 115J(1); Unit Trust of India Act, 1963; Finance (No. 2) Act, 1996

Reported in : [1999]237ITR706(Ker)

be treated as part of the same business.48. We have considered the matter. Section 32AB inserted by the Finance Act, 1986, with effect from April 1, 1987, Sub-sections (1), (2) and (3) thereof, relevant for the purpose of this

Commissioner of Income Tax Vs. Appollo Tyres Ltd.

Court : Kerala

Subject : Direct Taxation

Reported in : (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 … 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.

Dr. M.V. Shetty Memorial Trust, Mangalore and Others Vs. Rajiv Gandhi ...

Court : Karnataka

Subject : Constitution

Acts : Rajiv Ganhdi University of Health Sciences Act, 1994 - Sections 4, 5(3), 33, 37(1), 41, 45, 62, 63 and 64; Constitution of India - Articles 14, 110 and 265; University Grants Commission Act, 1956 - Sections 12-A(1) and 22; Karnataka State Universities Act, 1976 - Sections 35

Reported in : 2000(1)KarLJ48

conduct of Examination throughout the State is not comparable with other established Universities in the State. Examination and Finance Branches have been computerised for rendering speedy service to the students and affiliated colleges. Part of the Administration … 35 of the Karnataka State Universities Act, 1976 as well, when in 1986, the Act was amended incorporating clauses (p) and (q) to Section 35. … payable by the Colleges/Institutions for affiliation to the 1st respondent.3. The petitioners allege that the 1994 Act provides Section 33, specifying the matters with respect to which statutes could be made and it does not provide for framing