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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 … date has been shifted to 1.4.1997 and a revaluation as on 1.4.1997 is required to be made under Section 14 of the Act of 1964. The respondent No.2 instead of carrying out a fresh valuation of the subject

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 … by the Assistant Commissioner of Customs relating to the period March, 1996 to August, 1996. On or about 14.11.1996, a detention memo in respect of a Boeing 737 aircraft was issued for not depositing a sum of

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 … to April 1, 1997, and a revaluation as on April 1, 1997, is required to be made under Section 14 of the Act of 1964. Respondent No. 2 instead of carrying out a fresh valuation of the subject

Commissioner of Income-tax Vs. Mohd. Khaleel

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act 1961 - Sections 2(1A), 2(14) and 256(2); Finance Act, 1989

Reported in : [1991]188ITR449(AP)

- agricultural income - Sections 2 (1A), 2 (14) and 256 (2) of Income Tax Act, 1961 and Finance Act, 1989 - whether Tribunal justified in holding that profit and gain arising out of sale of agricultural land of … of the notified municipality is not a capital asset within the meaning of the terms as contained in section 2(14) of the Income-tax Act?' 2. It is seen from the order of the Income-tax Appellate Tribunal that

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

Court : Income Tax Appellate Tribunal ITAT Pune

Subject : Direct Taxation

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

assessments. Even after re-opening, the assets brought to tax would have been exempt under Section 40 of the Finance Act, 1983. Revenue is in appeal on the following common grounds, viz. : (1) The order of the CWT … of re-assessment under Section 17 of the Wealth-tax Act prior to its amendment by Direct Tax Laws (Amendment) Act, 1989 with effect from 1-4-1989, re-assessment made for the assessment year 1984-85 after 31-3-1989 and the re-assessment made for … limited company, was assessed to wealth-tax for the assessment year 1984-85 on 14-7-1987 under Section 16(3) on a net wealth returned Rs. 43,600 which was

Singhai Rakesh Kumar Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Finance Act, 1989; Constitution of India - Article 366(1); Income Tax Act, 1961 - Sections 2(1A) and 2(14)

Reported in : [1997]227ITR81(MP); 1997(2)MPLJ138

inserting the Explanation to Clause (1A) of Section 2 with retrospective effect from April 1, 1970, by the Finance Act, 1989, with a view to effectuate the levy of tax on capital gains arising from the transfer of such

Commissioner of Income-tax Vs. Mrs. Teresa Joseph

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(1A), 2(14) and 45; Finance Act, 1989 - Sections 3

Reported in : [1991]189ITR627(Ker)

not liable for levy of tax under the Income-tax Act. Moreover, the amendment made by Section 3 ofthe Finance Act, 1989, to Section 2(14) of the Income-tax Act with retrospective effect, will show that tax on capital gains is

Tata Iisco Dealers' Association Vs. Commissioner Of Commercial Taxes

Court : Sales Tax Tribunal STT West Bengal

Subject : Service Tax

Reported in : (1990)76STC14Tribunal

[RN-125(T) of 1989], referred to the amendment effected to Section 6(2)(a)(vd) by the West Bengal Taxation Laws (Amendment) Act, 1989, and the following portion of the budget statement by the Minister-in-charge, Finance Department, Government of West Bengal, while … dealer. In view of Section 15(a) of the CST Act, 1956, iron and steel being declared goods under Section 14 of that Act, there cannot be any tax on sale or purchase thereof imposed by the State Government

Union of India and ors. Vs. S. Muthyam Reddy

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(1A) & 2(14); Constitution of India - Article 366(1); Finance Act, 1970; Finance Act, 1989;

Reported in : AIR1999SC3881; [1999]240ITR341(SC); JT1999(7)SC596; 1999(6)SCALE305; (1999)7SCC545

Court as amicus curiae. We are beholden for the valuable assistance rendered by him to the Court.3. By Finance Act, 1989, Explanation to Section 2(1A) is inserted with effect from 1.4.1970 to supersede the view expressed in the order

Cadell Weaving Mill Co. P. Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 2(14), 2(24), 2(47), 10, 10(3), 10(13), 14, 17(3), 28, 41, 45 to 55, 55(2), 56, 59, 115J and 253; Bombay Rent Act; Finance Act, 1987 - Sections 55(2); Direct Tax Laws (Amendment) Act, 1989

Reported in : 2001(3)ALLMR108; (2001)166CTR(Bom)7; [2001]249ITR265(Bom)

of a motor car used for personal purposes would result in a revenue income. That, even after the Finance Act, 1994, consideration arising from the transfer of tenancy in cases where the tenant had no right to sublet, … in Karamchari Union v. Union of India : (2000)IILLJ603SC has no application. By the Direct Tax Laws (Amendment) Act, 1989, Clauses (iiia) and (iiib) were added to section 2(24) of the Income-tax Act. The Supreme Court held that, … from other sources in Section 56 because Section 56 clearly states that income not chargeable to tax under Section 14, item-E, was chargeable to tax under Section 56. Mr. Desai placed reliance on the judgment of the Supreme