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Nov 25 2003

Hindalco Industries Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Nov-25-2003

Subject : Direct Taxation

Reported in : (2004)85TTJ(Mum.)71

wrong. It ought to have been placed along side Section 48, as has since been done by the Finance Act, 1987, w.e.f. 1st April, 1988. By the said Act, Section 80T has been omitted and its provisions with certain … up a one million tonnes capacity steel plant on 7th May, 1993 for a consideration of US $ 79,500. The company remitted the said consideration in three equal instalments of US $ 26,500 on 30th July, 1990,

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Nov 25 2003

Hindalco Industries Ltd. Vs. the Income-tax Officer (Tds)

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Nov-25-2003

Subject : Direct Taxation

Reported in : (2004)91ITD64(Mum.)

wrong. It ought to have been placed along side Section 48, as has since been done by the Finance Act, 1987, with effect from April 1, 1988. By the said Act, Section 80T has been omitted and its provisions … in the said cases; 13. The learned Departmental Representative submitted that there is no dispute regarding US $ 79,500 on which the assessee himself had deducted tax for the technical services rendered by Raytheon. The learned DR

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Dec 22 1997

Suvardhan Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT

Decided on : Dec-22-1997

Subject : Direct Taxation

Reported in : (1998)67ITD104(Bang.)

of section 2(47)(b) and, thus, there is no liability of capital gains tax. Section 45(4) inserted by the Finance Act, 1987, with effect from 1-4-1988, also provides that transfer of capital asset is a sine qua non for the … the case of CIT v. Dewas Cine Corpn. [1968] 68 ITR 240, CIT v. Bankey Lal Vaidya [1971] 79 ITR 594 and in Malabar Fisheries Co. v. CIT [1979] 120 ITR 49, it was clear that on

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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

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 … 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 referred to in the said provisions if

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Oct 26 1989

income-tax Officer Vs. Tube Investments of India Ltd.

Court : Income Tax Appellate Tribunal ITAT Madras

Decided on : Oct-26-1989

Subject : Direct Taxation

Reported in : (1990)32ITD172(Mad.)

accretions during the assessment years 1977-1978 to 1982-83 came to Rs. 30,50,000. In 1983-84 under the provisions of Finance Act, 1984, Sections 40A(9), (10) and (11) are inserted. These provisions are retrospective in operation and the Legislature made … available with the assessee-trust out of the contribution made by it. It is also contended that as per Section 79 of the Indian Trusts Act, no trust can be revoked by the author so as to defeat or

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Mar 29 2006

Joint Commissioner of Income-tax Vs. Montgomery Emerging Markets Fund

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Mar-29-2006

Subject : Direct Taxation

Reported in : (2006)100ITD217(Mum.)

The source will be the asset itself. The CIT(A) further referred to the amendment brought in by the Finance Act, 1987 (No. 2 of 1987) with effect from 1 -4-1988. According to the CIT(A), as per the said amendment, … Mumbai passed on 23-11 -1998 and 12-2-2000, respectively. The appeals do arise out of the assessments completed under Section 143(3) of the Income-tax Act, 1961.2. These two appeals are placed before this Special Bench to consider and

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Jul 31 2003

Rikhabchand M. Lalwani (Huf) Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Jul-31-2003

Subject : Direct Taxation

Reported in : (2003)81TTJ(Pune.)964

Supreme Court. According to the AO, the provisions of Section 45(5) was inserted in the Act by the Finance Act, 1987 w.e.f. 1st April, 1988. In his opinion, the provisions of Section 45(5) provide that the money received by … Housing & Land Development Trust Ltd. (1986) 161 ITR 524 (SC), Smt. Gulabsundri Bapna v. Dy. CIT (2001) 79 ITD 455 (Del-Trib), Asstt. CIT v. Smt. Mangala S. Mutha (ITA No. 315/Pn/1995, dated July, 2002), CIT v.

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Oct 14 2003

Estate of Late Shri Dharambir

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Oct-14-2003

Subject : Land Acquisition

Reported in : (2005)95ITD83(Mum.)

compensation was received. However, it was also deleted by Direct Tax Laws (Amendment) Act, 1987. Then as per Finance Act, 1987 section 45(5) was introduced having clauses (a) and (b). After the insertion of this section there was no scope … also cited a decision to ITAT Delhi in the same Smt. Gulab Sundari Bapna v. Dy. CIT (2001) 79 ITD 455 (Del) and distinguished the same. He was of the view that the enhanced compensation was not

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Oct 08 1999

Haroon M. Adam Vs. State of West Bengal and ors.

Court : Sales Tax Tribunal STT West Bengal

Decided on : Oct-08-1999

Subject : Land Acquisition

Reported in : (2001)121STC134Tribunal

of the Calcutta Gazette, published on March 31, 1999 regarding amendments to 1994 Act through the West Bengal Finance Act, 1999. One of the amendments was regarding sugar other than indigenous sugar. By the said amendment, provision was … 1. In this application under Section 8 of the West Bengal Taxation Tribunal Act, 1987, which is in the nature of a writ application under Article 226 of the Constitution of India, the … 1, 1995, sugar manufactured or made in India is tax-free under entry 79 of Schedule I read with Section 24 of the 1994 Act. By

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Feb 05 1997

Deputy Commissioner of Vs. Maharashtra Scooters Ltd.

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Feb-05-1997

Subject : Direct Taxation

Reported in : (1997)61ITD12(Pune.)

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,

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