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Jun 30 2006

Deputy Commissioner of Income Tax Vs. Indian Syntans Investments (P)

Court : Income Tax Appellate Tribunal ITAT Chennai

Decided on : Jun-30-2006

Subject : Direct Taxation

Reported in : (2007)103ITD457(Chennai)

is seen that this provision was brought on statute book by the Finance Act, 1987, w.e.f. 1st April, 1988 and the particular provision regarding "or a trade mark or brand name associated with a business" by the … that there is change in law as regards the provisions of Section 148 of the Act by the Finance Act, 2006 with retrospective effect from 1st Oct., 1991 and with that change in law in the provisions of … of technical know-how partakes the character of goodwill as mentioned in Section 55(2)(a) or the nature of royalty mentioned in Section 9(1)(vi). The AO found

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Dec 19 2002

B. Raghurama Prabhu Estate, Executrix Smt. M. Kaveri Bai and ors. Vs. ...

Court : Karnataka

Decided on : Dec-19-2002

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 45(1) and 55(2); Indian Partnership Act, 1932 - Sections 14 and 47

Reported in : (2003)180CTR(Kar)87; [2003]264ITR124(KAR); [2003]264ITR124(Karn)

from capital gains', 43. In order to overcome the above judicial interpretation of the apex Court, by the Finance Act, 1987, which came into force w.e.f. 1st April, 1988, Section 55(2)(a) of the Act was amended providing that

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Dec 01 1994

Assistant Commissioner of Vs. Anjaria Estate (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Dec-01-1994

Subject : Direct Taxation

Reported in : (1995)55ITD53(Ahd.)

learned counsel for the assessee submitted that in view of the proviso to sub-section 3 inserted by the Finance Act, 1988, land or building held as stock-in-trade does not form part of net wealth of a company. The learned … construed strictly. As held by the Supreme Court in the case of CIT v. Ajax Products Ltd. [1965] 55 ITR 741, 747, the subject is not to be taxed, unless the charging section clearly imposes the obligation.

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Apr 30 2007

Deputy Commissioner of Income Tax Vs. Star Chemicals (Bom) (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Apr-30-2007

Subject : Land Acquisition

Reported in : (2007)110TTJ(Mum.)753

the judgment of Hon'ble Supreme Court in the case of B.C. Srinivasa Setty (supra) the legislature by the Finance Act, 1987 introduced the provisions of Section 55(2) w.e.f. 1st April, 1988. The provisions of Section 55(2) as applicable

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Dec 06 1995

Nahar Trust Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Decided on : Dec-06-1995

Subject : Direct Taxation

Reported in : (1996)57ITD55(Mad.)

to the highest slab of income in the case of an association of persons as specified in the Finance Act of the relevant year according to Explanation 2 to Section 164(3) of the Income-tax Act, 1961'. The rates … 'where the total income exceeds Rs. 1,00,000' and rate of tax for the same is Rs. 35,250 plus 55 per cent of the amount by which the total income exceeds Rs. 1,00,000. The income-tax thus arrived at

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Nov 10 2003

Coromandel Fertilisers Limited Vs. Dy. Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Decided on : Nov-10-2003

Subject : Direct Taxation

Reported in : (2004)90ITD344(Hyd.)

by the Courts over the years, has found statutory recognition in Section 2(42C), which was inserted by the Finance Act, 1999 with effect from 1.4.2000. He also invited our attention to Section 50B providing for computation of capital … the introduction of the concept of block assets for the purpose of granting of depreciation with effect from 1988, the learned Counsel, Shri Dastur argued that Section 50 comes into picture when assets of a unit are … of 1949. Therefore, the Supreme Court in CIT v. Ajax Products Ltd. 55 ITR 741 held that the amendment made in 1949 only removed one

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Jul 06 2011

Scottish Widows plc (Appellant) Vs. Commissioners for Her Majesty's Re ...

Court : UK Supreme Court

Decided on : Jul-06-2011

Subject : MRTP

Plc ("the Company") and Her Majesty's Revenue and Customs ("HMRC") under para 31 of Schedule 18 to the Finance Act 1998: [2010] CSIH 47, 2010 SLT 885, 2010 STC 2133. The question that was referred to the Special … Insurance business is a trade within the meaning of Case 1 of Schedule D: Income and Corporation Taxes Act 1988, section 18. The amounts to be taken into account in computing its profits include its investment income from its … capital reserve was a device or, as Lord Walker says in para 55, an abstraction. It was created for accounting purposes only and had no

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Feb 20 1992

Chinnaswamy Vs. Profulla

Court : Karnataka

Decided on : Feb-20-1992

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 16 and 20

Reported in : ILR1992KAR2294

suit property. P.W.5 - B.Shivaswamy was examined to speak about the payment of Rs. 25,000/- to M/s. Vijayalakshmi Finance Corporation. P.W.6 - S.D. Ambikapathy was examined to speak about the documents Exs. P.27 and P-28. He was … the plaintiff was always ready and willing to perform her part of the agreement, that the cause of action for the suit arose on 15-2-1982, 25-8-1982, 12-8-1982, 25-9-1982 and 9-10-1982. Accordingly, she sought for the aforesaid reliefs.4. … Court has passed the following order.'Sri S.V.Advocate files an advancement application under Section 151 CPC. prays to advance the case to to-day 6.9.88 to consider … vesting, title in the plaintiff of the suit property. As per Section 55(4)(a) of the Transfer of Property Act, the seller is entitled to the

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Jan 05 2021

Srei Equipment Finance Ltd. Vs. Ramjan Ali

Court : Supreme Court of India

Decided on : Jan-05-2021

Subject : Arbitration

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEA L No.6 o f 2021 (arising out of SLP (Crl.) No.3893/2020) SREI EQUIPMENT FINANCE LTD. ...APPELLANT(S) VERSUS RAMJAN ALI & ORS. ...RESPONDENT(S) JUDGMENT ASHO K BHUSHAN,J.Leave granted.2. This appeal has been filed … as person in whose favour the vehicle was hypothecated as required by Section 51 of the Motor Vehicles Act, 1988. The original owner failed to pay any 2 instalment of loan. The appellant as per terms of the … had passed an order dated 29.06.2019 in exercise of power under Section 55(5) of the Motor Vehicles Act. Section 55(5) under which the order dated

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Dec 09 2004

Commissioner of Income Tax Vs. Manoharsinhji P. Jadeja

Court : Gujarat

Decided on : Dec-09-2004

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(14), 2(47), 2(22A), 2(42A), 45, 48, 49, 49(1), 50, 55, 55(2), 55(3) and 256(2); Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act - Sections 40(4); Finance Act, 1987; Finance Act, 1997; Finance Act, 2001

Reported in : (2005)199CTR(Guj)223; (2005)3GLR2218; [2006]281ITR19(Guj)

by amended provision of Section 55 of the Act. However, it requires to be noted that by the Finance Act, 1987 w.e.f. 01-04-1988 the amendment to Section 55 of the Act only ropes in taxability of goodwill on

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