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Dr. K.C. Mammen Vs. Commissioner of Gift Tax

Court : Kerala

Subject : Direct Taxation

Acts : Gift Tax Act, 1958 - Sections 4(1)and 6 - Schedule - Rule 5; Wealth Tax Act, 1957; ;Finance (No. 2) Act, 1991; Direct Tax Laws (Amendment) Act, 1989; Wealth Tax Rules - Rules 1D and 11

Reported in : (2004)190CTR(Ker)153

III to the WT Act. Rule 11 was inserted in Schedule III to the WT Act by the Finance Act, 1993 w.e.f. 1st April, 1993, which provides that the value of unquoted equity shares in companies other than … of the Act as also Schedule III of the WT Act inserted by the Direct Tax Laws (Amendment) Act, 1989 w.e.f. 1st April, 1989, particularly Rule 11 thereof. Senior counsel took us to Schedule II of the Act

East India Hotels Ltd. and anr. Vs. State of Rajasthan and ors.

Court : Rajasthan

Subject : Direct Taxation

Acts : Rajasthan Land and Buildings Tax Act, 1964 - Sections 2(10), 3, 3(1B), 6, 10, 10A, 11, 11(1), 13, 13(1), 13(1B), 14, 15, 15B, 16A(1), 16(1), 21, 22 and 22A; Rajasthan Urban Land Tax (Amendment) Act, 1973 - Sections 4, 7, 7(2), 7(3) and 8 to 12; Rajasthan Lands and Buildings Tax (Amendment) Act, 1995; Rajasthan Ordinance, 1988; Wealth-tax Act, 1957; Motor Vehicles Taxation Act; Finance Act, 1989 - Sections 3(1B); Companies Act; Constitution of India - Articles 14, 141, 245 and 265

Reported in : AIR2001Raj286; [2001]250ITR789(Raj); 2001(4)WLN217

in the matter of the one-time tax scheme introduced by way of insertion of Section 5(1B) of the Finance Act, 1989 (Act No. 6 of 1989).2. The questions for our consideration are :'(1) Whether, fresh assessment is permissible under … Ar. Lakshmanan, C.J.1. The present writ petition ana other writ petitions (mentioned in the appended Schedule) raise an interesting question of law in the matter of the one-time tax scheme introduced by way of

East India Hotels Ltd. and Another Vs. the State of Rajasthan and Othe ...

Court : Rajasthan

Subject : Other Taxes

Acts : Rajasthan Land and Building Tax Act, 1984 - Sections 2(10), 3(1B), 6, 13, 15, 19, 21, 37, 42 and 50; Constitution of India - Articles 14, 141, 245, 265 and 299; The Finance Act, 1989 - Sections 3(1B) and 16A (1); Companies Act, 1956; Finance Act, 1997 - Sections 14; Wealth Tax Act, 1957; Rajasthan Lands and Buildings Tax (Amendment) Act, 1995; Rajasthan Urban Land Tax (Amendment) Act, 1973 - Sections 8 and 12; Code of Civil Procedure (CPC), 1908 - Sections 58

Reported in : 2001(3)WLC62

in the matter of one lime tax scheme introduced by way of insertion of Section 3(1B) of the Finance Act, 1989 (Act No. 6 of 1989)(2). The questions for our consideration are that:-(1) Whether, fresh assessment is permissible under … ORDERLakshmanan, CJ.1. The present writ petition and other writ petitions (mentioned in the appended Schedule) raise an interesting question of law in the matter of one lime tax scheme introduced by way of

Dr. K.M. Shah Vs. Dy. C.i.T.

Court : Gujarat

Subject : Direct Taxation

Acts : Wealth-tax Act, 1957 - Sections 2, 7(2), 16A and 27A; Gift-tax Act; Wealth-tax Act, 1958 - Sections 7(2) - Schedule - Rules 3, 4, 5, 6, 7, 8, 19 and 20; Urban Land Ceiling Act - Sections 6; Direct Tax Laws (Amendment) Act, 1987; Finance Act, 1992; Income-tax Act, 1961

Reported in : (2004)190CTR(Guj)414; [2004]270ITR408(Guj)

at his option, specify in his behalf in the return of net wealth]. ** Proviso omitted by the Finance Act, 1992 w.e.f. 1.4.1993.Explanation- For the purposes of this sub-section,-(i) where the house has been constructed by the assessee, … of Circular No. 559 dated 4.5.1990 containing explanatory notes to the provisions of the Direct Tax Law (Amendment) Act, 1989, but they do not throw any light on the specific controversy involved in these appeals.Part B of the … the option of the assessee in the manner laid down under in Schedule III to the Act as on the 1st day of April 1971?F

The Commissioner of Income Tax Vs. Godaveri (Mannar) Sahakari Sakhar K ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 28, 36, 36(1), 43, 43B, 43(2), 139(1) and 145; Provident Funds Act; Finance Act, 2000; Finance Act, 2003 - Sections 21 and 43B; Finance Act, 1983; Finance Act, 1987; Finance Act, 1989

Reported in : (2007)109BOMLR2273; (2007)212CTR(Bom)384; [2008]298ITR149(Bom)

were added by Finance Act 1987 with effect from 1st April, 1988. The second proviso was substituted by Finance Act, 1989 with effect from 1st April, 1989. The relevant portion of Section 43B as first enacted with the provisos … or borrowing, or(e) any sum payable by the assessee as interest on any loan or advances from a scheduled bank in accordance with the terms and conditions of the agreement governing such loan or advances, or(f) any

Harrisons Malayalam Ltd. and ors. Vs. State of Kerala and ors.

Court : Kerala

Subject : Direct Taxation

Reported in : (1998)150CTR(Ker)564

K. K. USHA, J.The common issue involved in these cases is whether the amendment introduced by the Kerila Finance Act, 1987, to the Kerala Plantation Tax Act, 1960, would be applicable to the assessment for the year 1987-88 … W.A. Nos. 771, 804, 809, 810, 843, 844, 885 and 950 of 1989 are filed by the assessee against the above judgment. W.A. Nos. 550, … on the corresponding valuation date a tax (hereinafter referred to as 'plantation tax') at the rates specified in Schedule I; and the person holding such plantations shall be liable to pay the plantation tax.(1A) For the removal of

State of Rajasthan and anr. Vs. Rajasthan Chemists Association

Court : Supreme Court of India

Subject : Sales TaxConstitution

Acts : Sales of Goods Act, 1930 - Sections 3, 4 and 9; Rajasthan Sales Tax Act, 1994 - Sections 2(42), 2(44) and 4A; Finance Act, 2004 - Sections 4A and 4A(1); Standards of Weights and Measures Act, 1976; Standards of weights and Measures Rules; Constitution of India - Articles 246, 286 and 366(29A); ;Constitution of India (42nd Amendment) Act, 1982 - Article 366; Constitution of India (46nd Amendment) Act; Drug Price Control Order, 1995; Essential Commodities Act, 1955 - Sections 3; Uttar Pradesh Sales Tax Act, 1948 - Sections 2; Contract Act - Sections 77; Income Tax Act, 1961 - Sections 28 to 43C, 44AC, 44AC(1) and 206C; Direct Tax Laws (Amendment) Act, 1989; Finance Act, 1988; Finance Act, 1990 - Sections 44AC; Madras General Sales Tax Act, 1939 - Sections 2; Madras General Sales T

Reported in : AIR2006SC2699; 2006(202)ELT217(SC); JT2006(6)SC553; RLW2006(4)SC3365; 2006(7)SCALE330; (2006)6SCC773; [2006]147STC542(SC); 2006(2)LC975(SC)

44AC was inserted in Income Tax Act, 1961 (in short IT Act') by the Direct Tax Laws (Amendment) Act, 1989 w.e.f. 1.4.1989. Section 206C was inserted in the said Act by Finance Act, 1988 w.e.f. 1.4. 1988. Explanation … that 4A of the Rajasthan Sales Tax Act, 1994 (in short the 'Act') as introduced by the State Finance Act, 2004 was not legally sustainable to the extent that tax on first point sale of drugs, medicines or … it. With reference to Entry 54 of the Second List of Seventh Schedule to the Constitution of India, 1950 (in short the 'Constitution') it was

Home Solutions Retails (India) Ltd. Vs. Union of India and ors.

Court : Delhi

Subject : Constitution

Acts : Constitution of India - Articles 226, 246; Finance Act, 1995 - Section 65(105)(zzzz); Companies Act, 1956; Transfer of Property Act, 1882 - Section 105; Indian Easements Act

petitions preferred under Article 226 of the Constitution of India, the constitutional validity of Section 65(105)(zzzz) of the Finance Act, 1995 (for short „the 1995 Act) and Section 66 as amended by the Finance Act, 2010 (for brevity … a tax on lands and buildings which squarely comes within Entry 49 of List II of the Seventh Schedule of the Constitution of India. The learned senior counsel further submitted that the use of the word „taxes

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

Subject : Land Acquisition

CJI1 Leave granted. BRIEF BACKGROUND:2. In the present batch of cases, the constitutionality of Part XIV of the Finance Act, 2017 and of the rules framed in consonance has been assailed. While it would be repetitious to reproduce … anything to the contrary contained in the provisions of the Acts specified in column (3) of the Eighth Schedule, on and from the appointed day, provisions of Section 184 shall apply to the Chairperson, Vice-Chairperson, Chairman, Vice-Chairman,

Commissioner of Income-tax Vs. Oceanic Products Exporting Co.

Court : Kerala

Subject : Direct Taxation

Acts : Finance Act, 1966 - Sections 2(5); Industries (Development and Regulation) Act, 1951; Income Tax Act, 1961 - Sections 80HH and 80J

Reported in : 1996(54)ECC80; [1996]219ITR293(Ker)

in the circumstances of the case, the Tribunal was justified in granting relief under Section 2(5)(a)(ii) of the Finance Act, 1966, to the assessee ?'2. Income-tax Reference No. 553 of 1985 relates to the assessment year 1965-66 and … . It is submitted that the activity carried on by the assessee would come within item 27 in Schedule I to the Industries (Development and Regulation) Act, 1951. 9. We have no hesitation to reject the contention taken