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The Commissioner of Income Tax-9 Vs. Ajanta Pharma Ltd.

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10, 10A, 10B, 15JB, 80HHC, 80 HHC(1), 80 HHC(1A), 80 HHC(1B), 80HHC(3), 80HHC(3A), 80HHC(4), 80HHC(4A), 80HHC(10), 80HHD, 80HHD(3), 80HHG, 80HHE, 80HHF, 115(JB), 115J, 115J(2), 115JA, 115JA(1), 115JA(2), 115JB, 115JB(2), 115JD and 2888(2); Finance Act, 1996; Finance Act, 1997; Finance Act, 2000; Finance Act, 1987; Direct Tax Laws Amendment Act, 1989; Companies Act, 1956

Reported in : 2009(111)BomLR1905; (2009)223CTR(Bom)441; [2009]318ITR252(Bom); [2009]180TAXMAN494(Bom)

be, of that section, and subject to the condition specified in sub sections (4) and (4A) of that section. 10. Section 115JB was inserted by Finance Act, 2000 w.e.f. 1.4.2001. It contained (iv) to the Explanation. We have … 80 HHC as contended on behalf of the assessee. Section 80 HHC Sub-section 1B was introduced by the Finance Act with effect from 1.4.2001 so as to phase out the deduction completely by assessment year 2005- 06. Section … Section 80 HHC was not available to companies covered by Chapter XII-B. However, by Direct Tax Laws Amendment Act, 1989 it was brought into effect from 1.4.1989, by introducing (iii) to the explanation and which reads as under:the

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 … under section 14. Sections Hand 15 of the Act read as follows: '14. Duration of tax determined under section 10 to 11 (1) The amount of lax determined under section 10 or 11 with the modification, if any,

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 … was not curative and consequently it cannot be said that the amendment is retrospective - Appeal allowed - Section 10: [Swatanter Kumar, C.J., A.P. Deshpande & Smt. Nishita Mhatre, JJ] Admission to professional colleges - Technical courses -

Jeevanlal Narsi and Sons Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (1992)42ITD719(Hyd.)

sum might not have been payable within that year under the relevant law. This Explanaiion-2 was inserted by Finance Act, 1989 with retrospective effect from 1-4-1984 itself. The effect of this Explanation is that it is enough the assessee … held as per the head note of the decision at Page-704. The Amendment made in Section 43B by Section 10 of the Finance Act, 1987, with effect from April, 1, 1988, is not clarificatory in nature and cannot

Dalmia Cement (Bharat) Ltd. Vs. Commissioner of Income Tax

Court : Delhi

Subject : Direct Taxation

by him.5. The said section 43B and, in particular, clause (a) thereof was amended by virtue of the Finance Act, 1988 which came into effect from 01.04.1989. The said section, after amendment, to the extent relevant for our … Court decision in the case of Dewan Chand Builders and Contractors v. Union of India: (2012) 1 SCC 10.where the Supreme Court recognized the clear distinction between a cess and a tax. Therefore, according to Mr Mehta,

Bidar Sahakari Sakkare Krarkhane Niyamat and ors Vs. Union of India an ...

Court : Karnataka

Subject : Direct Taxation

Reported in : (1999)152CTR(Kar)314

by Direct Tax Laws (Amendment) Act, 1989 w.e.f. 1st April, 1989. The said section was retrospectively substituted by Finance Act, 1993 w.e.f. Ist April, 1989 and the following notes on clauses while moving the Bill were given in … High Court in Saiko Matek Engineering (P) Ltd. vs . D. C. Pant, Dy. CIT & Anr. (1992) 108 CTR 108.. : [1993]204ITR839(Bom) , Delhi High Court in the case of JK. Synthetics Ltd. vs. Asstt. CIT

The Commissioner of Income Tax, Delhi-ii, New Delhi Vs. Motor General ...

Court : Delhi

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 10(2), 36(1), 115J, 119, 139(1), (4), 140A, 140A(1), 142(1), 143, 143(1), (3), 144, 147, 148, 154, 155, 156, 208, 210, 234A, 234B, 234C, 245D(1), (3), (4), 250, 254, 256(2), 260, 260A, 262, 263 and 264; DTL (Amendment) Act, 1987; DLT (Amendment) Act, 1989; Finance Act, 2000 - Sections 2; Taxation Laws (Amendment) Act, 2000; Taxation Laws (Amendment) Act, 2001; Evidence Act - Sections 114

Reported in : [2002]254ITR449(Delhi)

concern.2. The relevant fact of the matter, in a nutshell, is as follows:-The assessed, namely, M/s. Motor General Finance Ltd. filed itsreturn of income on 26.12.1990 declaring income under Section 115J of the Act atRs. 1,74,88,930/-. The … the basis of the earlierassessment aforesaid.] Explanationn [inserted by DTL (Amendment) Act,1987, and omitted by DTL (Amendment) Act, 1989,with effect from 1-4-89.] (4) Where as a result of an order under Section154 or Section 155 or Section … to as the 'Tribunal') was right in deleting the addition of Rs. 10lacs made on account of interest-free loan/advance of Rs. 47,67,740/- given by theassessed

M/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise

Court : Mumbai

Subject : Service Tax

amount of Rs.2,04,39,093/- under provisions of Rule 14 of the Credit Rules read with Section 73 of the Finance Act,1994. In respect of towers and parts thereof, prefabricated building, printers and office chairs, the Commissioner observed that the … v. Collector of Central Excise, Calcutta 1994 (74) ELT 22 59Collector of Central Excise v. Ambalal Sarabhai Enterprises, 1989 (43) ELT 214 60.Union Carbide India Ltd. v. Union of India and Ors. (1986) 2 SCC 547 61. … on the Credit Rules introduced by the Central Government with effect from 10.9.2004 and more particularly Rule 3(1) which defines the term “Cenvat Credit”, Rule

S.K. Modi Vs. Union of India and ors.

Court : Delhi

Subject : Other Taxes

Acts : Companies Act; Finance Act, 1989 - Sections 34(1), 41, 43A(1), 46(A) and 46A(4); Inland Air Travel Tax Rules - Rule 14(4)

Reported in : 2002IVAD(Delhi)484; 96(2002)DLT206; 2002(144)ELT59(Del)

herein was the Chairman of ModiLuft. ModiLuft is a 'carrier' within the meaning of Section 41(c) of the Finance Act, 1989 (M/F). It paid IATT till February 1996. Thereafter no tax, however, was paid or paid within the specified … detention memo in respect of a Boeing 737 aircraft was issued for not depositing a sum of Rs. 10,40,90,255/- on the ground that the carrier has failed to observe Inland Air Travel Tax Rules (hereinafter referred to

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 … 14.' 14. Sections 14 and 15 of the Act read as follows :'14. Duration of tax determined under Section 10 or 11.--(1) The amount of tax determined under Section 10 or 11. with the modification, if any, made