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Jul 20 2007

Deputy Commissioner of Income Tax Vs. Glaxo Smithkline Consumer

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Decided on : Jul-20-2007

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 … scope of the amendment was explained by the CBDT vide Circular No. 528, dt. 16th Dec, 1988 [(1989) 76 CTR (St) 69]. The said circular and the amendment is also not relevant for the purpose of the

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May 21 2012

Ms. the Windsor Castle, Kodimatha, Kottayam, Represented by M.O. Asram ...

Court : Kerala

Decided on : May-21-2012

Subject : Service Tax

and the scope of the statute was clarified by introducing a ‘proviso’ to Section 4(2) as per the Finance Act, 2007 w.e.f. 01.04.2007, making it clear that no luxury tax shall be payable for such charges received in … were being considered by the Apex Court and one such series involved a challenge against the Expenditure Tax Act, 1987. The said Act envisaged a tax at 10 per cent ad valorem on ‘chargeable expenditure’ incurred in the … as on 31.03.2006, to be completed on or before 31.03.2007. That apart, the wordings in sub-section (5) of Section 76 are also very much specific, that the time limit for invoking the power to have the revised assessment

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Mar 16 2006

Kwality Milk Foods Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Madras

Decided on : Mar-16-2006

Subject : Direct Taxation

Reported in : (2006)100ITD199(Chennai)

a payment towards such liability in that year.8. Section 43B of the Act was further amended by the Finance Act, 1987.Two provisos were added w.e.f. 1-4-1988, namely: Provided that nothing contained in this section shall apply in relation to … of a statute firmly established in England as far back as 1584 when Hay den's case [ 1584] 76 E.R. 637 was decided that for the sure and true interpretation of all the statutes in general (be

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Apr 13 2021

Ghanashyam Mishra And Sons Private Limited Vs. Edelweiss Asset Reconst ...

Court : Supreme Court of India

Decided on : Apr-13-2021

Subject : Land Acquisition

Commissioner of Income-Tax, Bombay v. Podar Cement Pvt. Ltd., 28the Supreme Court held that amendments introduced by the Finance Act, 1987 in so far they related to section 27(iii), (iiia) and (iiib) which redefined the expression ‘owner of house … of transactions entered into by the petitioner prior to the Transfer Date involving a consolidated amount of Rs. 769.73 Lacs stand abated in terms of the Resolution Plan approved by the NCLT128under the Insolvency and Bankruptcy Code,

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Sep 18 1991

Chemicals and Plastics India Ltd. Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Sep-18-1991

Subject : MRTP

Reported in : (1991)LC344Tri(Delhi)

by section 47 of the Finance Act, 1982.(Bom.) (B.K. Paper Mills (Private) Limited v. Union of India) (2) 1987 (32) E.L.T. 684 (A.P.) (ACCE v. Andhra Pradesh Paper Mills); (3) 1990 (48) E.L.T. 182 (Bom.) (Tata Engineering … in its revision application was rendered before the retrospective amendment of law made by Section 47 of the Finance Act, 1982 (14 of 1982) by inserting an explanation in clause (d) of Sub-Section (4) to section 4 of

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Feb 13 2006

Zee Telefilms Ltd. and Star India Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Feb-13-2006

Subject : Service Tax

Reported in : (2006)(110)ECC582

(ii) Section 80 of the Finance Act 1944 provides that notwithstanding anything containing in the penal provisions of Section 76, Section 77, Section 78 and Section 79 no penalty shall be imposable on the assessee for any failure … calculated by reference to the appropriate rate card.2.3 Extract of the relevant statutory provision of Chapter V of Finance Act, 1994 relating to advertising agency service, as they exist, at the material time are: advertising agency" means, any … on this one question: Was the show cause notice dated 27th August, 1987 beyond time?. The period in question is 23th August, 1982 to 28th

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Dec 06 2016

Future Link India vs.the Commissioner of Central Excise, Delhi Ii

Court : Delhi

Decided on : Dec-06-2016

Subject : Education

However, at the same time, having regard to the phraseology of Sections 76 and 77 of the Finance Act, this court is unable to disturb … the CESTAT and the authorities below fall into error in holding that penalty under Section 78 of the Finance Act, 1994 (“the Act”) imposed was justified and appropriate?.” 2. Issue notice of appeal. Sh. Sanjeev Narula, Sr. Standing … 5.3.12 In the case of Mysore Rolling Mills Private Limited Vs. Collector of Central Excise, Belgaum reported in 1987(28) E.L.T. 50 (S.C.), the appellant manufactured aluminum wire rods out of duty paid E.C. grade aluminum ingots on

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Jun 25 1999

Petroleum India International Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jun-25-1999

Subject : Direct Taxation

Reported in : (2000)241ITR43(Mum.)

by the Finance Act, 1988, the operative portion of s. 80-O as it stood after amendment by the Finance Act, 1987, read as under : "............ and such income is received in convertible foreign exchange in India, there shall … words 'the income so received" in s. 80-O. It was reiterated that s. 80-O is a stand alone section.Referring to the decision of the Supreme Court in the case of Distributors (Baroda) (P) Ltd. vs. Union of … in the case of CIT vs.South Indian Bank Ltd. (1966) 59 ITR 763 (SC) where their Lordships held that interest receivable was an unambiguous expression;

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Oct 15 1999

Sahara India Savings and Investment Corporation. Ltd. Vs. Asstt. Cit

Court : Allahabad

Decided on : Oct-15-1999

Subject : Direct Taxation

Reported in : [2001]79ITD56(NULL)

Banking Company was included in definition of the Financial Company in section 2(5B) by inserting clauses (va) by Finance Act of 1992 w.e.f. 1-4-1993. The explanatory memorandum to the Act in Paragraphs 55.3 to 55.5 stated as under … to be considered :(a) The Appellant Company is Residuary Non Banking Company and as per the R.N.B.C. Directions, 1987, section which provides mandatorily that every R.N.B.C. Company shall invest and include in accordance with the provisions of said … well recognised mischief rule of interpretation laid down in Heydons case (1984) 76 ER 637 does not and cannot apply to the omission of this

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Mar 29 1995

Food Specialities Ltd. Vs. Assistant Commissioner of Income Tax.

Court : Delhi

Decided on : Mar-29-1995

Subject : Direct Taxation

Reported in : (1995)52TTJ(Del)554

under the relevant statute, deduction was permissible in view of the proviso to S. 43B inserted by the Finance Act of 1987 w.e.f. 1st April, 1988. Shri Dastur fairly conceded that the decisions of the Delhi High Court … has not been made to the formed employee, S. 40A(6) is inapplicable. Shri Dastur contended that the said section is a disallowed provision and that it must be strictly followed. It was accordingly contended that since the … Ltd. vs . CTO : [1985]154ITR148(SC) . In this case under r. 76(a) of the A. P. Distillery Rules, as amended in 1981, 'No spirit

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