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Nov 27 1990

Commissioner of Income-tax Vs. Mohd. Khaleel

Court : Andhra Pradesh

Decided on : Nov-27-1990

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 the

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Sep 17 1990

Commissioner of Income-tax Vs. Govindaraja Reddiar

Court : Kerala

Decided on : Sep-17-1990

Subject : Direct Taxation

Acts : Finance Act, 1989 - Sections 43B; Income Tax Act, 1961 - Sections 43B; Direct Tax Laws (Amendment) Act, 1987

Reported in : [1991]187ITR417(Ker)

the amendments made thereto by the Direct Tax Laws (Amendment) Act, 1987, the Finance Act, 1988, and the Finance Act, 1989. It was submitted that the amendment made in 1989 by the Finance Act, 1989, whereby the second proviso … as a deduction while computing the income under the Income-tax Act is taxable by invoking the provisions of Section 43B of the Income-tax Act, 1961 ?'2. The assessees in the three cases are different firms. But, all

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Jul 05 1989

Commissioner of Income-tax Vs. Glory Paul

Court : Kerala

Decided on : Jul-05-1989

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(1A), 2(14), 2(24) and 45

Reported in : [1990]186ITR498(Ker)

law. Counsel for the Revenue also brought to our notice the amendment made by Section 3 of the Finance Act, 1989, to Section 2(14) of the Income-tax Act, 1961. In the light of the above decisions and the statutory

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Mar 12 2001

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

Court : Rajasthan

Decided on : Mar-12-2001

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

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Mar 05 1989

Commissioner of Income-tax Vs. Glory Paul.

Court : Kerala

Decided on : Mar-05-1989

Subject : Direct Taxation

Reported in : [1990]186ITR496(Ker)

law. Counsel for the Revenue also brought to our notice the amendment made by Section 3 of the Finance Act, 1989, to Section 2(14) of the Income-tax Act, 1961. In the light of the above decisions and the statutory

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Sep 10 1997

Commissioner of Income-tax Vs. Smt. Shubh Lata

Court : Punjab and Haryana

Decided on : Sep-10-1997

Subject : Direct Taxation

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

Reported in : [1998]234ITR153(P& H)

v. N.D. Nirgudkar, Second ITO : [1981]128ITR87(Bom) and held that the Explanation inserted in Section 2(1A) by the Finance Act, 1989, with effect from April 1, 1970, has brought about a change in the law and after that date

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Sep 14 1995

D.L.F. United Ltd. Vs. Commissioner of Income-tax

Court : Delhi

Decided on : Sep-14-1995

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(1), (1A) and (14), 28, 40 and 64

Reported in : (1995)129CTR(Del)33; [1996]217ITR333(Delhi)

of the Explanationn to the definition of agricultural income in section 2(1A) of the Income-tax Act by the Finance Act, 1989, with retrospective effect from April 1, 1970, makes a difference to the approach to the answer to the

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Apr 08 1996

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

Court : Madhya Pradesh

Decided on : Apr-08-1996

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

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Sep 03 1997

Commissioner of Income-tax Vs. Daulat Ram Chhog Mal

Court : Punjab and Haryana

Decided on : Sep-03-1997

Subject : Direct Taxation

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

Reported in : [1998]233ITR137(P& H)

in Manubhai A, Sheth's case : [1981]128ITR87(Bom) and held that the Explanation inserted in Section 2(1A) by the Finance Act, 1989, with effect from April 1, 1970, has brought about a change in the law and after that date

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Jan 31 1997

Commissioner of Income Tax, Guntur Vs. L. Busappa Kumar

Court : Supreme Court of India

Decided on : Jan-31-1997

Subject : Direct Taxation

Reported in : [2000]243ITR853(SC); JT1998(9)SC500; (1997)11SCC270

an explanation has been inserted in Sub-section (1-A) of Section 2 of the Income Tax Act by the Finance Act, 1989 with retrospective effect from 1-4-1970 to overcome the effect of those decisions. This being so, the aforesaid question

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