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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 … inter alia, of construction and running of hotels of International Standards to whom it subleased the land measuring 27.9. acres. The aforesaid transaction has been recorded in a sub-lease deed dated March 21, 1996 and was duly

Assistant Commissioner of Income Tax Vs. Ambadi Enterprises (P) Ltd.

Court : Chennai

Subject : Direct Taxation

Reported in : (1998)62TTJ(Mad)432

the order of the Commissioner (Appeals) was a negative figure. But due to the retrospective amendment by the Finance Act, 1990, the relief in respect of cash assistance has been withdrawn and, therefore, the total income will become … of the assessee relied on the decision of the B-Bench of this Tribunal in ITA No. 4422 (Mad) 1989 for the assessment year 1986-87 in the case of The Tube Investment of India Ltd. v. Asstt. CIT … income will become positive taxable income. In these circumstances the deduction under section 80HHC and the disallowance of guest house expenses become important for the … of The Tube Investment of India Ltd. v. Asstt. CIT (Order dt. 27-8-1996). The Departmental Representative has drawn our attention to section 37(5) of the

Tata Steel Limited Vs. State of Jharkhand and ors.

Court : Jharkhand

Subject : Other Taxes

Reported in : [2008(2)JCR353(Jhr)]

notice was issued. The petitioner instead of filing statutory appeal as provided under Section 45 of the Bihar Finance Act, 1981, challenged the said order by filing revision before the Commissioner under the provisions of Section 46(4) of … against him, or a person objecting to an order of penalty passed against him or an order under Section 27 may appeal to the Joint Commissioner or the Deputy Commissioner specially authorized in this behalf.(2) And where an

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 … the Certificate given by M/s U.G. Lad & Co., Chartered Accountants dated 27-11-1992 stating that they visited, obtained information and were satisfied that the staff

Jerome (Appellant) Vs. Kelly (Her Majesty's Inspector of Taxes (Respon ...

Court : House of Lords

Subject : Land Acquisition

trusts has been part of the architecture of the capital gains tax since it was introduced by the Finance Act 1965: see sections 22(5) and paragraph 13(1) of Schedule 7. Indeed, goes back even further, being derived from … shares entered into a contract to sell it to a purchaser. In 1989 Mr and Mrs Jerome, who were absolutely entitled to interests in the … the land executed the conveyances. 7. The Inland Revenue submit, however, that this scheme has been displaced by section 27(1) of the 1979 Act, which provides that where an asset is disposed of and acquired "under a contract",

Court : Mumbai

Subject : Service Tax

referred to. This Appeal under Section 35G of the Central Excise Act, 1944 r/w Section 83 of the Finance Act, 1994 challenges the order passed by the Customs, Excise and Service Tax Appellate Tribunal (for short “CESTAT”) dated … Appellate Tribunal (for short “CESTAT”) dated 07.03.2013 in which it has been held that for the period upto 27.02.2010 the Appellants before us are not eligible for refund. 3. The Appeal is ADMITTED on the following substantial

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 … the High Court of Kerala. The petitioner had originally approached the High Court challenging the constitutional validity of Section 13 (5- A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act, … also considered by the Government.” 5. The matter was listed again on 27th March, 2019 and this Court took cognizance of non-implementation of the directions

Checkmate Services P Ltd Vs. Commissioner Of Income Tax-i

Court : Supreme Court of India

Subject : Land Acquisition

previous year in which the sum is actually paid by him.” (Emphasis supplied) By Section 9 of the Finance Act, 1989, the following second proviso was added:"Provided further that no deduction shall, in respect of any sum referred to … 2004, would get the benefit of deduction under Section 43B of the Act. In our view, therefore, Finance 27 Act, 2003, to the extent indicated above, should be read as retrospective. It would, therefore, operate from 1st

Malayala Manorama Co. Ltd. Vs. Commissioner of Income Tax, Trivandrum

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32(2), 32A(3), 33AC(1), 33AC(3), 35, 72(1), 73, 74, 74A(3), 80HHC, 80HHC(3), 80HHC(3A), 80HHD, 80HHD(3), 80J(3), 80VV, 80VVA, 115J, 115J(1), 115J(4), 115J(1A), 115JA and 154; Companies Act, 1956 - Sections 205, 205(1), 205(2), 211(2), 227 and 350; Finance Act, 1983; Finance Act, 1987; Income Tax Rules, 1962; ; ; Finance Act, 1989

Reported in : (2008)216CTR(SC)102; [2008]300ITR251(SC); JT2008(5)SC529; 2008(6)SCALE659; 2008AIRSCW3407

of the Act. It should be noted that the words 'prepared under Sub-section (1A)' were introduced by the Finance Act, 1989, with effect from 01.4.1989.24. Sub-section (1A) to Section 115J reads as follows:Every assessee, being a company, shall, for … 47,26,270/- and imposed a tax of Rs. 25,99,448/- as well as a surcharge of Rs. 1,29,972/- totaling Rs. 27,29,420/-. After adjusting advance tax paid, as well as the TDS deducted, the Assessing Officer created a total demand

N. Jayaprakash, Package India TIn Fabricators Vs. Cit

Court : Kerala

Subject : Direct Taxation

Reported in : [2006]152TAXMAN432(Ker)

section 148 legal and valid in the light of the amended provision contained in section 148 as per Finance Act 2 of 19962. Whether on the facts and in the Circumstances of the case the Tribunal is justified … by the assessee against the order of Income Tax Appellate Tribunal, Cochin Bench in ITA No. 21O/Coch/98, dated 27-7-2001 and ITA 140 of 2001 is an appeal preferred by the revenue against the same order. We may