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Plastiblends India Ltd., a Company Incorporated Under the Companies Ac ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 29 to 43A, 72, 80A, 80AA, 80AB, 80B(5), 80E, 80HH, 80HH(6), 80HH(7), 80I, 80IA, 80IA(5), 80IA(8), 80IA(10), 80IB, 80IB(13), 143(1), 143(3), 147 and 260A; Companies Act, 1956; Taxation Laws (Amendment and Miscellaneous Provisions) Act, 1986 - Sections 34(1); Finance (No. 2) Act, 1980; Finance Act, 2001 - Sections 5

Reported in : (2009)223CTR(Bom)291; [2009]178TAXMAN397(Bom)

the Act which continued till the assessment year 2002-2003, when explanation to Section 5 was inserted by the Finance Act 2001 with effect from 1.4.2002 and, therefore, the Tribunal erred in holding that omission of Section 34(1) by … the Act for disclaimer of depreciation. Omission of Section 34(1) by the Taxation Laws (Amendment & Miscellaneous Provisions) Act, 1986 leads to the conclusion that assessee has no option to not to claim depreciation. According to the Tribunal

Bangalore Turf Club Ltd. Vs. Union of India

Court : Karnataka

Subject : Direct Taxation

Minister made a speech on the Floor of Parliament making it explicitly clear and indicating thereunder that by Finance Act , 1986 Section115BB has been inserted to provide gross winnings from lotteries, crossword puzzles, races including horse races (other than … said contention raised by the revenue is hereby rejected. RE: POINT NO.(2) 34. In view of point No.(1) having been answered in the affirmative, let … (5) Declare that Stake Money paid by the petitioner cannot be construed as winnings from games as per Section 194B of the Act. (6) Declare that the correct provision applicable in the present case is the Board

Commissioner of Income-tax Vs. Kerala Electric Lamp Works Ltd. and Cro ...

Court : Kerala

Subject : Direct Taxation

Acts : Finance Act, 2001; Income Tax Act, 1961 - Sections 32 and 32(1)

Reported in : (2003)183CTR(Ker)182; [2003]261ITR721(Ker)

learned standing counsel appearing for the Revenue, the Explanation inserted by the amendment to Section 32 by the Finance Act, 2001, with effect from April 1, 2002, would take us back to the position that whether or not … it was noticed that after the amendment of Section 34(1) by the Taxation laws (Amendment and Miscellaneous Provisions) Act, 1986, with effect from April 1, 1986, it was not necessary for the assessee to furnish the prescribed particulars

Harihar Prasad Debuka and Etc . Vs . State of Bihar and ors. Overruled

Court : Patna

Subject : Constitution

Acts : Bihar Finance Act, 1981 - Section 31; Constitution of India - Article 269, 269(1), 301, 304

Reported in : AIR1987Pat175; [1987]66STC178(Pat)

the Bihar Finance Act was broadly in line with Section 28B of the U.P. Sales Tax Act and Section 34 of the Bihar Finance Act was virtually in pari materia with Section 28 of the U.P. Act. On … Nov., 1985, issued in exercise of the powers conferred by Sub-section (2a) of Section 31 of the Bihar Finance Act (hereinafter referred to as 'the Act') prescribing the declaration form to be carried on a goods carrier or … therefore, be briefly noticed from Civil Writ Jurisdiction Case No. 990 of 1986 (R). The petitioner therein is the proprietor of M/s. Jai Durga Industries

Commissioner of Income-tax Vs. Andhra Cotton Mills Ltd.

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32, 32(1), 34, 34(1), 80J, 139, 139(5), 143 and 256

Reported in : (1996)133CTR(AP)398; [1997]228ITR30(AP)

to furnish the requisite particulars for computing the depreciation allowance. Sub-section (9) of section 139, introduced by the Finance (No. 2) Act, 1980, with effect from September 1, 1980, allows the Income-tax Officer to give an opportunity … (Mad) distinguished. Application: Section 34(1) stands omitted with effect from 1-4-1988 by Taxation Laws (Amendment & Misc. Provisions) Act, 1986. A. Y.: 1980-81 & 1981-82 Dt. Ord.: 9-8-1996 Income Tax Act 1961 s.32 Income Tax Act 1961 s.34

Delhi High Court Legal Services Committee Vs. Uoi and anr.

Court : Delhi

Subject : MRTP

: [1993]. 1 SCR340where there was inconsistency between two special laws, the Finance Corporation Act, 1951 and the Sick Industries Companies (Special Provisions) Act, 1985. … May, 1986, added to the impetus for enacting a uniform law relating to juvenile justice. The Juvenile Justice Act, 1986 39. In this background, the Juvenile Justice Act, 1986 (JJ Act, 1986 hereafter) came to be passed on … police station Kamla Market on 29th July, 2009 under sections 366A, 368, 373, 323, 376, 109 read with Section 34 of the Indian Penal Code (‗IPC‘ hereafter) and sections 3, 4 and 5 of the Crl Rev.No.443/2009 &

P. Soundarajan and ors. Vs. the Government of Tamil Nadu and ors.

Court : Chennai

Subject : Trusts and Societies

Reported in : (1998)2MLJ485

the petitioner is a member of Panamarathupatti Primary Agricultural Co-operative Bank Ltd. It is his case that under Section 34 of the Tamil Nadu Co-operative Societies Act, 1983 (in short 'Act'), the persons who have been disqualified are … period exceeding three months; or(ii) is a representative of a registered society which is in default to the financing bank or to any other registered society, in respect of any sum due by the registered society for

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 … of depreciation on the written down value method for the purpose of ascertaining the managerial remuneration under Section 349(4)(k) of the Companies Act while the obligation to provide for depreciation in the accounts arises only under Section

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. … down value method for purpose of ascertaining the managerial remuneration under section 349(4)(k) of the Companies Act while theobligation to provide for depreciation in the

Vahid Paper Converters and ors. Vs. Ito and ors.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2006)98ITD165(Ahd.)

Laws (Amendment and Misc. Provisions) Act, 1986 with effect from 1-4-1988 whereby Section 34 was omitted. Further the Finance Act, 2001 inserted Explanation 5 to Section 32 with effect from 1-4-2002.6. At the time of hearing before us,