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Dr. K.C. Mammen Vs. Commissioner of Gift Tax

Court : Kerala

Subject : Direct Taxation

Acts : Gift Tax Act, 1958 - Sections 4(1)and 6 - Schedule - Rule 5; Wealth Tax Act, 1957; ;Finance (No. 2) Act, 1991; Direct Tax Laws (Amendment) Act, 1989; Wealth Tax Rules - Rules 1D and 11

Reported in : (2004)190CTR(Ker)153

III to the WT Act. Rule 11 was inserted in Schedule III to the WT Act by the Finance Act, 1993 w.e.f. 1st April, 1993, which provides that the value of unquoted equity shares in companies other than … of the Act as also Schedule III of the WT Act inserted by the Direct Tax Laws (Amendment) Act, 1989 w.e.f. 1st April, 1989, particularly Rule 11 thereof. Senior counsel took us to Schedule II of the Act … assessee then filed a Miscellaneous Petition, MP No. 118/Coch/1998 stating that a particular ground, namely, the applicability of Section 4(1)(a) of the Act in respect of the transaction in view of the restrictions contained in the articles of

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 … dispute.2. The petitioner 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

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 … the date of the commencement of the Rajas-than Urban Land Tax (Amendment) Act, 1973.(3) Notwithstanding anything contained in Section 4, the tax in respect of such lands and buildings shall be determined on the market value thereof as

Sujatha Films P. Ltd. Vs. the Commissioner of Income Tax

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 139, 139(2), 139(4), 139(5), 142(1), 143, 144, 153(1), 226(3), 256(1), 271(1) and 281B; Finance Act, 1989 - Sections 153 and 153(1)

Reported in : (2006)202CTR(Mad)553; [2006]284ITR503(Mad)

accepted the assessee's contention. The Tribunal held that the provisions of Section 153 have been substituted by the Finance Act 1989 and that the amended provisions of Section 153(1)(b) are applicable to the assessment year 1988-89.7. The learned counsel … in favour of the Revenue. No costs. - LAND ACQUISITION ACT, 1894 [C.A. No. 1/1894]. Sections 5A & 4; [P. Sathasivam, M.E.N. Patrudu & S. Manikumar, JJ] Land Acquisition (Tamil Nadu) Rules, Rule 4 Time limit for

Air Uk Leasing Limited Vs. Union of India and Others

Court : Delhi

Subject : CommercialOther Taxes

Acts : Constitution of India, 1950 - Articles 226 and 227; Finance Act, 1989 - Sections 46-A(4)

Reported in : 1998IIAD(Delhi)309; 72(1998)DLT59; 1998(44)DRJ768; 1998RLR452

the filing of the writ petition?.What follows is the background.3. Under the provision of Chapter V of the Finance Act, 1989 inland air travel tax is levied on passengers embarking on journeys by air out of India. The tax … interest or penalty by one or more of the modes specified in sub-section (2) sub section (3) or sub-section (4). (2) The authority may require any person from whom any amount is due to the carrier or other

Dy. Cit Vs. Shree Vallabh Glass Works Ltd.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2002)76TTJ(Ahd.)652

might not have been payable within the year under the relevant law.The second proviso was substituted by the Finance Act, 1989, with effect from 1-4-1989, for the following : "Provided further that no deduction shah, in respect of any … Commissioner (Appeals).As regards ground No. (i) raised by the revenue, the learned counsel submitted that the disallowance under section 40A(3) was made by the assessing officer in respect of payment made to truck drivers towards payment for

The Commissioner of Income Tax Vs. Nima Specific Family Trust

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80 HH, 80-I, 90 and 260-A; Finance Act, 1980; Taxation Law Amendment Act, 1975

Reported in : 2001(2)ALLMR314; (2001)165CTR(Bom)518; [2001]248ITR29(Bom)

that the bracketed portion in section 80-HH(9) which contains the words viz., 'section 80-I or' were introduced by Finance Act, 1980 with effect from 1.4.1981. He submitted that under the same Finance Act, the Legislature also revived and

South Indian Bank Ltd. Vs. the Commissioner of Income Tax

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act - Sections 28, 36(1), 139, 142(1), 143(1), 143(1A), 143(3) and 156; Finance Act, 2001

Reported in : [2009]316ITR306(Ker); 2008(3)KLT326; [2009]176TAXMAN277(Ker)

debatable issue and is ceased to be so only by virtue of Explanation introduced to Section 36(1)(vii) by Finance Act 2001 with effect from 1.4.1989. The contention of counsel for the appellant is that as on date of

Seapearl Enterprises Vs. Dy. Cit, Cirecle-i, Alleppey

Court : Kerala

Subject : Direct Taxation

Reported in : [2006]155TAXMAN483(Ker)

234A of the Act and based on Explanation 4 to the said section which now stands omitted by Finance Act, 2001 with retrospective effect from 1-4-1989. Even though the interest levied on petitioners is not consistent with the

Bank of America Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2001)78ITD1(Mum.)

and the Government of United States of America was signed on September 12, 1989. At that time the Finance Act, 1989 provided for 50 per cent rate of tax in the case of domestic companies and 65 per cent … Officer is empowered to make an assessment of any assessee in accordance with the provisions of the Act. Section 4 of the Income-tax Act, 1961 is the charging section. It provides that where a Central Act enacts that