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Commissioner of Income-tax Vs. Sumermal Gopichand

Court : Madhya Pradesh

Subject : Direct Taxation

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

Reported in : (1997)138CTR(MP)149; [1997]226ITR456(MP)

year in which the sum is actually paid by him.' 5. Later, a proviso was added by the Finance Act, 1987, with effect from April 1, 1988, to carve out an exception to permit deduction where a sum referred … ITA No. 639/Ind. of 1987, on an application having been made to the Tribunal by the Revenue under Section 256(1 ) of the Income-tax Act, 1961 ;'Whether, on the facts and in the circumstances of the case, … High Court in Escorts Ltd., v. Union of India [1991] 189 ITR 81, in which even after taking into consideration the decision of the Patna

Shriram Investments Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (1996)59ITD570(Mad.)

respect of tax holiday profits, depreciation is deemed to have been allowed. Section 115J was enacted by the Finance Act, 1987 w.e.f. 1-4-1988 but such a deeming provision is totally absent. In other words, the Legislature has not chosen

V.V. Trans-investments (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (1992)42ITD242(Hyd.)

there was an imperative need to tackle the problem of prosperous zero-tax companies by suitably modifying Section 80WA.Accordingly, Finance Act, 1987, deleted Section 80WA and introduced new Section 115J in its place. Section 115J, therefore, came into force from … of the Delhi High Court in the case of Escorts Ltd. v. Union of India [1991] 189 ITR 81, wherein it has been held that one of the cardinal rules of interpretation of statute is that if

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

Court : Income Tax Appellate Tribunal ITAT Mumbai

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

Super Spinning Mills Ltd. Vs. Commissioner of Income-tax and anr.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 156, 220 and 220(2); Taxation Laws (Continuation and Validation of Recovery Proceedings) Act, 1964 - Sections 3; Finance Act, 1986

Reported in : [2000]244ITR814(Mad)

Income-tax (Appeals), the Income-tax Officer filed an appeal to the Income-tax Appellate Tribunal, Madras. In the meantime, the Finance Act, 1986, added an Explanation 8 to Section 43(1) with retrospective effect from April 1, 1974. In view of … Giving effect to the orders of the Income-tax Appellate Tribunal, the Income-tax Officer passed orders dated December 17, 1987, for both the assessment years and determined an additional tax of Rs. 2,94,555 for the assessment year 1979-80

Punjab Business and Supply Co. Pvt. Ltd. and anr. Vs. Income-tax Offic ...

Court : Punjab and Haryana

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 194A, 194A(1), 276B and 278B; Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Constitution of India - Article 20

Reported in : (1991)100CTR(P& H)290; [1991]188ITR550(P& H)

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 June 1, 1987, there was no provision like the present Explanation to Sub-section

Commr.of Cen.exc.ahmedabad Vs. M/s Urmin Products P.ltd. .

Court : Supreme Court of India

Subject : Service Tax

tobacco’. In 1985, the CETA was enacted and ‘Chewing tobacco’ was shown under Entry 4 II (4). The Finance Act,1987, inserted “CET SH240439” with effect from 01.03.1987. The heading included the following: “Chewing tobacco including preparations commonly … of 2020]. i. Brief Facts 73 78 ii. Submissions of Parties 78 81 iii. Discussion and Findings 81 86 4. M/S Dharampal Premchand Ltd. V. … of the Central Excise Tariff in 2004-05 (6 Digit Code).2. Notification No.13/2002 - CE (NT) dated 01.03.2002 under Section 4A prescribing abatement from MRP for arriving at assessable value.3. Notification 10/2003 - CE (NT) dated 01.03.2003 under

Gujarat Forging (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (1996)56ITD208(Ahd.)

as the said judgment considered the effect of amendment of Section 263 made with retrospective effect by the Finance Act, 1989 and did not relate to the question of limitation of the period for passing an order under … two years from the date of the relevant assessment order. The orders under Section 263 made in January 1987 for these years are clearly barred by limitation of time. He also placed reliance on judgment of Hon'ble

Secy. Federn. of Bus-operators Assn. of T.N. Vs. Union of India (Uoi)

Court : Chennai

Subject : Service TaxMotor Vehicles

Acts : Finance Act, 1994 - Sections 35(38), 65, 65(38), 65(48), 65(50), 65(51), 65(52), 66, 66(3) and 67; Motor Vehicles Act, 1988 - Sections 2, 2(7), 2(22), 2(25), 2(40), 2(43), 49, 51, 58(1), 58(2), 65, 65(32), 65(38), 65(44), 65(48), 65(50) to 65(52), 65(62), 67, 68, 70, 71, 72, 72(2), 72(9), 73, 74, 80, 81, 82, 83, 84, 85, 86, 87(1), 88(8), 88(9), 88(11), 88(14) and 89; Motor Vehicles Act - Sections 63(1), 63(6) and 68; Central Excise Act, 1944; Finance (No. 2) (Amendment) Act, 1996; Finance (No. 2) (Amendment) Act, 1997; Finance (No. 2) (Amendment) Act, 1998; The Haryana Passengers and Goods Taxation Act; Government of India Act, 1935 - Sections 100; Expenditure Tax Act, 1987; Motor Vehicles Rules - Rule 82 to 85 and 128; Motor Vehicles Permit for All India Tours Rules, 1993; Fina

Reported in : 2001(134)ELT618(Mad); 2006[2]STR411; [2007]6STT49

'tour operators' and requested them to register themselves with the office and follow the procedures prescribed in the Finance Act, 1994 and the rules framed thereunder with effect from 1-4-2000. In all these writ petitions, the contention of … 'legislative competence' of the tax levied by the Parliament on the 'expenditure'. The impugned Act was 'Expenditure Tax Act, 1987' which envisaged a tax at 10% ad valorem on the chargeable expenditure incurred in the class of hetels … the mischief of the Finance Act, 1994 imposing the 'service tax' vide Section 66 read with Section 65(38) and Section 65(52) and the notice itself … in the application and the provisions of the Sections 73, 74, 80, 81, 82, 83, 84, 85, 86, Clause (d) of Sub-section 1 of Section

Assistant Commissioner of Vs. O.P. Gupta

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2000)75ITD123(Delhi)

Act on the ground that cash credits shown in the name of Smt. Bhagwani Devi and M/s. Jagdamba Finance Corporation were found to be not genuine as the creditors were merely name lenders as held by Assessing … The provisions of Section 147 as they stood prior to the amendment by the Direct Tax Laws (Amendment) Act, 1987 w.e.f. 1-4-1989 were as under:-- (a) the Assessing Officer has reason to believe that, by reasons of the