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Dabur India Limited Vs. Commissioner of Income Tax

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(45), 5, 6, 9, 14, 28, 29, 30 to 43D, 59, 71, 72(1), 72(2), 73(3), 80A, 80A(1), 80AB, 80B, 80B(5), 80C to 80U, 80IB, 80HHC, 143(1), 143(2) and 260A; Taxation Laws (Amendment and Miscellaneous Provisions) Act; Finance Act, 2001; Finance Act, 1988

Reported in : 219(2008)DLT152

classified under the five heads provided therein i.e (A) - Salaries(B) - Interest on securities (omitted by the Finance Act, 1988 w.e.f from 1.4.1989).(C) - Income from house property(D) - Profits and gains of business or profession(E) - Capital … depreciation allowance then, the Assessee can carry forward unabsorbed depreciation subject to the provisions of Sub-section (2) of Section 72 and Sub-section (3) of Section 73 of the Act. Sections 30, 31 and 32(A) to 35(E) provide for

Commissioner of Income Tax Vs. Aditya Chemicals Ltd. and ors.

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 2(a),2(24), 2(45), 3, 4, 4(1), 5, 6, 14, 22(1), 22(4), 23(1), 23(2), 34(2), 64, 72, 80, 139, 39(1), 139(2), 139(3), 148, 153(1), 260A, 271, 271(2) and 271A ; Finance Act, 2002; Income Tax Act, 1922 - Sections 2 and 28(1); Finance Act, 1988; Finance Act, 1951 - Sections 2(7)

Reported in : (2005)197CTR(Del)241; [2006]283ITR458(Delhi)

260A, 271, 271(2) and 271A ; Finance Act, 2002; Income Tax Act, 1922 - Sections 2 and 28(1); Finance Act, 1988; Finance Act, 1951 - Section 2(7)Cases Referred: Elphinstone Spinning & Weaving Mills Co. Ltd. v. CIT, (1955) 28 … year, he can carry forward the same to the following assessment year in terms of the provisions of Section 72 of the Act. But, to do so, as stipulated in Section 80 of the Act, he would have

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 … owning a 'spare bus' covered under a 'spare bus permit' as per Section 72(2)(xvii) of the Motor Vehicles Act, 1988.(II) Petitioners who are 'Contract Carriage Operators', owning the vehicles covered under Section 74 of the Motor Vehicles Act,

M/s. Sundaram Finance Limited Vs. The Deputy Commissioner of Income Ta ...

Court : Chennai

Subject : Direct Taxation

the above in mind, if we come back to Section 32-AB it could be seen that under the Finance Act, 1987, this Section was amended. We are taking particular note of this amendment, in view of the fact … appellant is a non-banking finance company. Their assessment for the Assessment Year 1988-89 was reopened under Section 147 of the Act by issuing a notice … was right in not appreciating that deduction under Section 32-AB had to be allowed before set off under Section 72 and hence before deducting unabsorbed investment allowance from the earlier years ? 2. Heard Mr.R.Vijayaraghavan, learned counsel for

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 … there will be inter head adjustments namely, set off of loss from one head against another head. Under section 72 the unabsorbed business loss of earlier years are to be adjusted against the profits and gains of any

State of West Bengal and anr. Vs. E.i.T.A. India Ltd. and ors.

Court : Supreme Court of India

Subject : Sales TaxConstitution

Acts : West Bengal Sales Tax Act, 1994 - Sections 2(6), 3(1), 3(2), 10(2), 11, 11(1), 11(4), 11(5), 11(6), 11(7), 11(8), 11(10), 11(11), 11(12), 14, 14(3), 14(4), 17(1), 26, 27, 27(3), 46, 65, 66, 67, 69, 70, 71(1), 71(2), 71(3), 71(4), 71(5), 17(6), 71(8) and 72; Bengal Finance (Sales Tax) Act, 1941 - Sections 2(1); West Bengal Sales Tax Rules, 1994 - Rules 172, 173, 174, 188 and 189; Constitution of India - Articles 14 and 366; Motor Vehicles Act, 1988; Evidence Act, 1872 - Sections 4; Uttar Pradesh Sales Tax Act, 1948 - Sections 28B; Bengal Finance (Sales Tax) (Delhi Amendment) Act, 1956 - Sections 8A; Income Tax Act, 1922 - Sections 16(3); Assam Taxation (on Goods carried by Road or on Inland Water-ways) Act, 1961; Tripura Sales Tax Act, 1976 - Sections 2, 29, 30, 32, 36A and 38B;

Reported in : AIR2003SC4126; JT2003(3)SC365; 2003(3)SCALE361; (2003)5SCC239; [2003]2SCR668; [2003]131STC111(SC)

Act came into force on March 23, 1995. It repealed the Bengal Finance (Sales Tax) Act, 1941 which was then in force. 2. The respondents … to another, and includes any person whose name is entered in the permit granted under the Motor Vehicle Act, 1988 (59 of 1988), as the holder thereof, the driver or any other person in charge of such vehicle.'8. … of business in West Bengal or not,--(i) a transporter as defined in Clause (a) of the Explanation of Section 72, and who while carrying such goods in is goods vehicle fails to disclose the name and address of

Travelite (India) Vs. Uoi and ors.

Court : Delhi

Subject : Service Tax

intensively scrutinize receipts etc. i.e. a special audit can be ordered by recourse to Section 72-A of the Finance Act, 1994. Barring these, the Finance Act, does not contain any substantive power to call for records for scrutiny

Smt. L.V. Sankeshwar, Proprietrix, Vijayanand Travels and ors. Etc. Et ...

Court : Karnataka

Subject : Service Tax

Acts : Karnataka Motor Vehicles Act - Sections 49; Motor Vehicles Act 1988 - Sections 2, 2(7), 2(40) and 2(43); Finance Act 1994 - Sections 65, 65(38), 65(48), 65(62), 65(72) and 65(78); Expenditure Tax Act 1987; Service Tax Act, 1994; Finance Act 1997; Constitution of India - Articles 14, 248, 248(2) and 366(29A)

Reported in : (2006)206CTR(Kar)274; 2006(112)ECC188; 2006LC188(Karnataka); 2006[4]STR257; [2007]6STT31

levy of 'Service Tax' on tour operators, whose services are brought under the 'Service Tax' net by the Finance Act 1997 (by amending Finance Act 1994) which came into force with effect from 01.09.1997 vide Notification No. 37/97 … 'tourist vehicle' has the meaning assigned to it in Clause (43) of Section 2 of the Motor Vehicles Act, 1988 (59 of 1988)Section 65(78): 'tour operator' means any person engaged in the business operating tours in a tourist

Assistant Commissioner of Vs. Canara Food Processors (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Pune

Subject : Direct Taxation

Reported in : (1993)45ITD500(Pune.)

that action under Section 17 taken was not correct as the amendment to Section 40(3) made by the Finance Act, 1988 specified that the assets held as stock-in-trade were not liable to Wealth-tax and that would support the case … dropped the proceedings initiated under Section 25(2) by his order dated 21-2-1990. This order is contained at page 72 of the paper compilation book No. 2.10. The learned counsel for the assessee urged that all the material

Commissioner of Income-tax Vs. Appollo Tyres Ltd.

Court : Kerala

Subject : Direct Taxation

Acts : Companies Act, 1956 - Sections 205, 205(1), 205(2), 348, 349 and 350; Income Tax Act, 1961 - Sections 28, 32AB, 32AB(1), 32AB(2), 32AB(3), 32AB(5), 43, 72, 73, 115J, 115JA and 115J(1); Unit Trust of India Act, 1963; Finance (No. 2) Act, 1996

Reported in : [1999]237ITR706(Ker)

every person who is subjected to be charged under Section 4 of the Act. The Legislature, by the Finance Act, 1983, introduced a new chapter--Chapter VI-B--containing only one provision--Section 80WA--imposing restriction on certain deductions in the case of … further submitted that the amendments made to Section 205(2) and 350 of the Act by the Companies (Amendment) Act, 1988, and the provisions of Schedule XIV inserted by the said Amendment Act with retrospective effect from April 2, … Sub-section (2) of Section 32 or Sub-section (3) of Section 32A or Clause (ii) of Sub-section (1) of Section 72 or Section 73 or Section 74 or Sub-section (3) of Section 74A or Sub-section (3) of Section 80J.'12.