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Aug 08 2002

Asstt. Cit Vs. Pepsi Foods Ltd.

Court : Delhi

Decided on : Aug-08-2002

Subject : Direct Taxation

Reported in : (2004)88TTJ(Del)111

the tax at source was on the basis of payment of the sum chargeable to tax but by Finance Act, 1987, the provisions of section 195 were amended and the liability to deduct the tax at source accrued at

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May 27 1997

Commissioner of Income-tax, Bombay Etc. Vs. M/S. Podar Cement Pvt. Ltd ...

Court : Supreme Court of India

Decided on : May-27-1997

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 22, 24, 27, 56, 64(2), 69(D), 93(2), 94(4), 154, 256, 257 and 288; Finance Act, 1987; Registration Act; Gift Tax Act - Sections 2; Old Income Tax Act - Sections 9 (1); Transfer of Property Act, 1882 - Sections 14, 54, 55 and 269; Pakistan (Administration of Evacuee Property) Ordinance, 1949 - Sections 6(1); Rajasthan Land and Building Tax Act, 1964; Bombay Rents, Hotel and Lodging House Rates Control Act - Sections 29(2)

Reported in : AIR1997SC2523; [1997]226ITR625(SC); JT1997(5)SC529; 1997(4)SCALE271; (1997)5SCC482; [1997]Supp1SCR394

Section 27 of the Act. The said amendment was introduced to Section 27 of the Act by the Finance Act, 1987 by substituting Clauses (iii), (iiia) and (iiib) in the place of old clause (iii) w.e.f. 1.4.88.53. In our … that the Parliament wherever found necessary had provided for avoidance of double taxation expressly like Sections 64(2), 69D, 93(2) and 94(4) but no such express provision was considered necessary as regards Sections 22 to 27 as they

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May 09 2008

Gujarat Credit Corp. Ltd. Vs. Acit

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : May-09-2008

Subject : Direct Taxation

Reported in : (2008)113ITD133(Ahd.)

referred to Circular No. 549 dated 31/10/1989 explaining this amendment of the provisions of Section 147 by the Finance Act, 1987 w.e.f. 01/04/1989 stating that the Amending Act, 1987, has rationalized the provisions of Section 147 and other connected

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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

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Mar 27 1995

All Gujarat Federation of Tax Consultants and ors. Vs. Central Board o ...

Court : Gujarat

Decided on : Mar-27-1995

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 9, 44AA, 116 and 194

Reported in : [1995]214ITR276(Guj)

such contractor. 13. Before we advance further, we may notice a few more facts. In the Finance Bill, 1987, it was proposed to insert section 194E in the following terms (see [1987] 165 ITR 56) : '194E. … for deduction of tax from payments to contractors and sub-contractors. Section 194C was brought into existence by the Finance Act, 1972, with effect from April 1, 1972. Various amendments have been made in that section since then up … such contracts.' 8. Soon thereafter, the Board also issued a Circular No. 93 (see [1972] 86 ITR 30) dated September 26, 1972, clarifying the ambit

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Dec 07 1999

National Dairy Development Board Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Dec-07-1999

Subject : Direct Taxation

Reported in : (2000)75ITD447(Ahd.)

of the specific provisions of s. 2(ea)(i) introduced by the amendment to the definition of assets by the Finance Act, 1992 w.e.f. 1st April, 1993.5. Similarly for asst. yrs. 1994-95, 1995-96 and 1996-97, the AO passed an order … that the assessee is a company, even then it should not be held liable to wealth-tax because NDDB, Act, 1987 by s. 44 laid down that the income of NDDB will not be liable to income-tax. It was … hostels cannot be subjected to wealth-tax as per the amended definition of section 2(ea)(i) which was introduced w.e.f. 1st April, 1993. The CWT(A) however, upheld

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Aug 14 2003

Guruvayur Devaswom Managing Commit. and anr. Vs. C.K. Rajan and ors.

Court : Supreme Court of India

Decided on : Aug-14-2003

Subject : CivilConstitution

Acts : Guruvayur Devaswom Act, 1978 - Sections 2, 4(1), 5(3), 5(4), 5C, 6, 10, 13, 17, 23, 25, 26(2), 33 and 38; Indian Penal Code (IPC), 1860 - Sections 21; Guruvayur Devaswom Rules, 1980 - Rules 10 and 17; Constitution of India - Articles 12, 21, 23, 25, 26, 32, 142 and 226; Commission of Enquiry Act, 1952 - Sections 3, 3(4), 4, 5, 5A and 5B; Kerala Public Men's Corruption (Investigations and Inquiries) Act, 1987; Code of Civil Procedure (CPC) - Sections 92

Reported in : JT2003(7)SC312; 2003(3)KLT618(SC); 2003(6)SCALE401; (2003)7SCC546

to the provisions of Commission of Enquiry Act, 1952 and the Kerala Public Men's Corruption (Investigations and Inquiries) Act, 1987 (Act 24 of 1988), the learned counsel would submit that for all intent and purport the High Court … worshippers, (iv) the works undertaken, (v) the festivals conducted, (vi) special features or incidents during the year, (vii) financial position, (viii) working of subordinate temples and other institutions under the management of the Devaswom and (ix) such … court to set-aside the notification.4) Where the Committee is superseded under this section the Commissioner shall exercise the powers and perform the functions of the

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Oct 28 1999

Deputy Commissioner of Income Tax Vs. C.P. Lonappan and Sons

Court : Income Tax Appellate Tribunal ITAT Cochin

Decided on : Oct-28-1999

Subject : Land Acquisition

Reported in : (2001)75ITD301(Coch.)

for the assessment year 1993-94 only.Sub-section (5) was inserted in section 45 of the Income Tax Act by Finance Act, 1987 with effect from 1-4-1988. New sub-section (5) provided that the initial compensation awarded or determined or approved on

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Mar 27 2002

Farrukhabad Investment (i) Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Mar-27-2002

Subject : Direct Taxation

Reported in : (2003)85ITD230(Delhi)

the history behind the introduction and schematic rationalisation of the provisions of Chapter XIX-A brought about through the Finance Act, 1987 to hold that in exercising its power under Chapter XIX-A, it has almost unbridled power to arrive at … the assessee arise out of the order of the CIT(A) dt. 18th July, 2000, sustaining the penalty under Section 271D of the IT Act for asst. yrs. 1992-93 to 1995-96, 1997-98 and 1998-99 and against sustaining penalty

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Aug 05 1988

J. K. Synthetics Ltd. Vs. Income-tax Officer, Central Circle-xviii and ...

Court : Delhi

Decided on : Aug-05-1988

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(45), 20, 115J, 207, 208, 209, 209A, 209A(3), 212, 218 and 221(1)

Reported in : ILR1988Delhi1

This income was computed on the basis that section 115J of the Act, which was inserted by the Finance Act, 1987, with effect from April 1, 1988, was applicable for payment of advance tax. However, the petitioner, on March, … 11, 1987, sent an estimate computing its income as Rs. 450 lakhs and paid a sum of Rs. 93,12,500 as advance tax. This income was computed on the basis that section 115J of the Act, which was

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