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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

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 … by the previous owner who had exercised the option in terms of one time tax scheme prescribed by Section 3(1B) of the Rajasthan Land and Buildings Tax Act, 1984 (hereinafter referred to as 'the Act'), even though the

Commissioner of Income Tax Vs. Madan Lal and Bros.

Court : Punjab and Haryana

Subject : Sales Tax

Acts : Income Tax Act, 1961 - Sections 36(1), 43B, 139(1) and 143(3); Finance Act, 1987; Sales Tax Act; Finance Act, 1988; Finance Act, 1989

Reported in : (2005)195CTR(P& H)92; [2005]276ITR571(P& H)

be statutorily payable under the relevant statute in the same year. Expln. 2 was, therefore, added by the Finance Act, 1989, with retrospective effect from 1st April, 1984, for the purpose of removing any ambiguity about the term 'any … the circumstances of the case, the Hon'ble Tribunal was right in law in deleting the addition made under Section 43B(a) ?'2. The assessee is engaged in the business of manufacture and sale of synthetic chappal sheets and … defined in the Explanation below Clause (va) of Sub-section (1) of Section 36. The AO is, therefore, directed to find out whether the payment has

Commissioner of Income-tax Vs. Glory Paul.

Court : Kerala

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

Commissioner of Income-tax Vs. George Varghese

Court : Kerala

Subject : Direct Taxation

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

Reported in : [1990]186ITR736(Ker)

question. It will be useful to remember the amendment made in the Act by Section 3 of the Finance Act, 1989. The amendment in the statute has been made with retrospective effect which makes it clear that capital gains

Commissioner of Income-tax Vs. Glory Paul

Court : Kerala

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

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

Collector of Central Excise Vs. Mihir Textiles Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Excise

Reported in : (1990)(30)LC491Tri(Mum.)bai

Rules 9 and 49 and retrospective validity of the said amendment brought out by Sec. 51 of the Finance Act, are valid. However, the Supreme Court did not accept the contention of the Learned Attorney General that the … the Supreme Court in J.K. Spinning and Weaving Mills Ltd. reported in 1989 (23) ECR 178 (SC), particularly, he read out the relevant paragraphs 32, … merely refer to Section 51(2)(d). It also refers to the provisions of Rule 9 of the Rules and Section 3 of the CESA. It also indicates that the duty is payable in respect of captively consumed yarn which

Simplex Infrastructures Ltd. Vs. Commissioner of Service Tax, Kolkata

Court : Kolkata

Subject : Service Tax

service tax for the fiRs.time was introduced in India in the year 1994 under Chapter V of the Finance Act, 1994. It has been amended from time to time, inter alia, by introducing more categories of services within … reliance was placed on a Supreme Court decision in the case of Mithilesh Kumari-vs.-Prem Behari Khare reported in 1989 (40) ELT257 In that case the Hon’ble Supreme Court observed that the presumption against retrospective operation of a … civil engineering construction and was not ‘consulting engineer’ within the meaning of Section 65(11) of the Finance Act, 1994. (as amended by Finance Act, 1997).(6) … tax of Rs.65.25 crores (approx.) for the period 1st October, 2000 to 31st March, 2005 and also a hearing notice dated 13th August, 2013 issued

Areva T and D India Ltd. Vs. Assistant Commissioner of Income Tax and ...

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 50B, 54EC, 54EC(1) and 119(2); Companies Act, 1956 - Sections 391 and 394; Finance Act, 2006; Finance Act, 2007; Finance Act, 2001; National Bank for Agriculture and Rural Development Act, 1981 - Sections 3; National Highways Authority of India Act, 1988 - Sections 3; National Housing Bank Act, 1987 - Sections 3(1); Small Industries Development Bank of India Act, 1989 - Sections 3(1); Constitution of India - Articles 14 and 265; Securities and Exchange Board of India Regulations

Reported in : (2008)220CTR(Mad)156; [2009]177TAXMAN192(Mad)

Bank of India established under Sub-section (1) of Section 3 of the Small Industries Development Bank of India Act, 1989 (39 of 1989).From a reading of the above, it is clear that long-term specified asset means any bond … capital gains on sale of long-term capital assets in specified assets to be eligible to claim exemption. The Finance Act, 2006 restricted the scope and limited the meaning of 'long-term specified asset' to bonds notified by the Government