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State of Kerala Vs. Alex George and anr. Etc.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Kerala Finance Act, 1987 - Sections 1(2) and 3(2); Kerala Plantations Tax Act, 1960 - Sections 2(9), 3, 3(1), 3(3), 4(2), 5, 6A, 8, 9, 9A, 13, 14 and 27; State Finance Act, 1987; Kerala Plantations (Additional Tax) Rules, 1960 - Rule 16; Kerala Plantations (Additional Tax) Amendment Act, 1967; Kerala General Sales Tax Act, 1963; Kerala Motor Vehicles Taxation Act, 1976; Central Excise Act, 1944

Reported in : (2004)192CTR(SC)581; [2004]271ITR290(SC); JT2004(10)SC104; 2005(1)KLT164(SC); 2004(9)SCALE545; (2005)1SCC299

the result, the appeals fail and are dismissed, with no order as to costs. Direct Taxation - Kerala Finance Act, 1987 - Sections 1(2), 3(2) - Kerala Plantations Tax Act, 1960 - Sections 2(9), 3, 3(1), 3(3), 4(2), 5, … of the Kerala High Court dated 28.8.1998 raises the question as to the true scope and operation of Section 1(2) of the Kerala Finance Act, 18 of 1987 substituting Schedule-I to the Kerala Plantations Tax Act 1960

Allied Motors (P.) Ltd. Vs. Commissioner of Income-tax, Delhi

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 43B, 139(1), 145 and 256(1); Finance Act, 1987 - Sections 43B; Finance Act, 1989 - Sections 43B

Reported in : AIR1997SC1361; [1997]224ITR677(SC); JT1997(3)SC418; 1997(2)SCALE575; (1997)3SCC472; [1997]2SCR780

tax disincentive by denying deduction in respect of a statutory liability which is not paid in time. The Finance Act, 1987, inserted a proviso to Section 43B to provide that any sum payable by way of tax or duty, … before us deal with a common question relating to the interpretation of Section 43B of the Income-tax Act, 1961. The references have been made Under Section 256(1) of the Income- tax Act, 1961. Since the same question

Punjab Business and Supply Co. Pvt. Ltd. and anr. Vs. the Income Tax O ...

Court : Punjab and Haryana

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 194A(1), 276B and 278B; Finance Act, 1987; Code of Criminal Procedure (CrPC) - Sections 482; Constitution of India - Article 20; Fiscal Law

Reported in : (1991)99PLR225

and the proceedings resulting therefrom inter alia, on the ground that before the amendment of Section 194A vide Finance Act, 1987, which came into force on 1-6-1987, there was no provision like the present explanation to sub section (!)

Commissioner of Income-tax Vs. Govindaraja Reddiar

Court : Kerala

Subject : Direct Taxation

Acts : Finance Act, 1989 - Sections 43B; Income Tax Act, 1961 - Sections 43B; Direct Tax Laws (Amendment) Act, 1987

Reported in : [1991]187ITR417(Ker)

circumstances of the cases, s. 43B after the amendment by the Direct Tax Laws (Amendment) Act, 1987, the Finance Act, 1987, the Finance Act, 1988, and the Finance Act, 1989, and Explanation 2 to the section which took effect … K.S. Paripoornan, J. 1. At the instance of the Revenue, the following common question of law has been referred by the Income-tax

Hotel Elite and ors. Vs. State of Kerala and ors.

Court : Kerala

Subject : Sales TaxConstitution

Reported in : [1988]69STC119(Ker)

and was published in the Gazette on the same day. As per Sub-section (2) of Section 1, the Finance Act, 1987 shall be deemed to have come into force on the 1st day of July, 1987. The Act as

Deputy Commissioner of Income Tax Vs. Glaxo Smithkline Consumer

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Subject : Direct Taxation

Reported in : (2007)107ITD343(Chd.)

actually made a payment towards such liability in that year.There was an amendment in Section 43B by the Finance Act, 1987 which may not be relevant for the purpose of present controversy. Finance Act, 1988 made another amendment in … 1. This appeal is filed by the Revenue. The relevant assessment year is 2001-02. The appeal is directed against

Kerala Hotel and Restaurant Association and Others Vs. State of Kerala ...

Court : Supreme Court of India

Subject : Sales Tax

Acts : Constitution of India - Articles 14, 32 and 366; Kerala General Sales Tax Act, 1963 - Sections 5 and 9; Tamil Nadu General Sales Tax Act, 1959; Madras General Sales Tax Act, 1939; Kerala Finance Acts, 1987; Kerala Finance Acts, 1988; Constitution (Forty-Second Amendment) Act, 1976; Constitution (Fortysixth Amendment) Act, 1982

Reported in : AIR1990SC913; (1990)2CompLJ119(SC); JT1990(1)SC324; 1990(1)KLT825(SC); 1990(1)SCALE252; (1990)2SCC502; [1990]1SCR516; [1990]77STC253(SC); 1990(1)LC754(SC)

tax by virtue of Section 9 of the Act.13. This was the position until 1987 when the Kerala Finance Act, 1987 was passed, which was brought into force retrospectively with effect from 1.7.1987. However, we are not concerned with

M/s. MRF Ltd., Vs. The Deputy Commissioner of Income-Tax,

Court : Chennai

Subject : Direct Taxation

expression as "may". This is clear from the fact that prior to the Amendment brought about by the Finance Act, 1987, the Legislature in the corresponding section pertaining to imposition of interest used the expression "may" thereby giving a … compensatory interest under Section 234C becomes payable. Section 234C is a complete code in itself and proviso to sub-section (1) to Section 234C only provides has two exceptions, when deferment or shortfall in the payment of installment of

Commissioner of Income Tax Vs. Insilco Ltd.

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 139(1), 139(4), 140A, 142, 142(1), 143(3), 147, 156, 208, 209, 209(1), 210, 211, 234, 234A, 234B, 234C and 242A; Finance Act, 1987

Reported in : [2010]321ITR105(Delhi)

He submitted that the law as contained in Section 234B of the Act has undergone a change through Finance Act 1987 with effect from 01.04.1989 making it mandatory for the assessing authority to charge the interest chargeable under Section … to as 'the Act'). For answering this questions, we can take note of the facts of ITA No. 119 of 2002.2. The respondent assessee was incorporated on 19.10.1988 to manufacture and import and export silco and donatives

Asstt. Commissioner of Income Tax Vs. Coromandal Investment Pvt. Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 18 to 21, 119, 194A, 215, 217, 260A, 271(1) and 273; Companies Act, 1956; Finance Act, 1987

Reported in : (2009)225CTR(Guj)313; [2009]316ITR104(Guj)

to Section 199 of the Act, simultaneously with the amendment to Section 194A of the Act, by the Finance Act, 1987, with effect from 1.7.1987. This amendment clearly underlined the anxiety of the legislature ensuring that credit for TDS