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Mitsui and Company Ltd. Vs. Deputy Commissioner of Income Tax

Court : Delhi

Subject : Direct Taxation

Reported in : (1999)65TTJ(Del)1

Explanationn in section 9(ii) of the Income Tax Act, 1961, with effect from 1st April, 1979 by the Finance Act, 1983, it is clarified and declared that the income which falls under the head 'salaries' payable for services … the appeals preferred by the assessees against the common order of the Commissioner (Appeals) for the financial years 1989-90 to 1994-95 confirming the penalties levied under section 271C of the Income Tax Act, 1961. Since the facts

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 … case of Indian and Eastern Newspaper Society v. CIT [1979] 119 ITR 996, an opinion of the Internal Audit Party of the Income-tax Department on

Anjan Banerjee Vs. Union of India (Uoi) and ors.

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961; ;Finance Act, 1989 - Section 26; ;Constitution of India - Articles 226 and 371F

Reported in : [1994]207ITR130(Cal)

April, 1958. (Vijay Mathur),Director (TPL-II).Ministry of FinanceDepartment of Revenue.' 9. The aforesaid two notifications were followed by the Finance Act, 1989, Section 26 of which provided-'26. Notwithstanding anything contained in the notification of the Government of India in the Ministry

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 … High Court K.S. Radhakrishnan, Actg. CJ K.T. Sankaran, J. - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Order 9, Rule 4: [V.K. Bali, CJ, Kurian Koseph & K. Balakrishnan Nair, JJ] Restoration of Petition for enhancement of

Ksl and Industries Ltd. Vs. Arihant Threads Ltd. and ors.

Court : Supreme Court of India

Subject : SICABanking

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 2, 3, 15 to 19, 19A, 20, 21, 22, 22(1), 22A, 25, 29, 32 and 32(1); Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 25, 28, 29, 30, 34, 34(1) and 34(2); Income Tax Act, 1961 - Sections 72A; Companies Act, 1956 - Sections 529(1) and 529A; Foreign Exchange Regulation Act, 1973; Urban Land (Ceiling and Regulation) Act, 1976; Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951 - Sections 29 and 46B; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Small Industries Development Bank of India Act, 1989; Code of Civil Procedure (CPC) , 1908 - Sections 9; Recovery of Debts Due to Banks and Financial Institutions (Amendment) Act, 2000;

Reported in : IV(2008)BC421(SC); 153(2008)DLT27(SC); 2008(12)SCALE42; (2008)9SCC763

In the instant case, proceedings had been initiated by the Bank not before a Civil Court by invoking Section 9 of the Code of Civil Procedure, 1908, but before DRT by taking recourse to jurisdiction under RDDB Act. … of India (`IDBI' for short) which was the predecessor of the Stressed Assets Stabilisation Fund (`SASF' for short), financed the project undertaken by the Company by way of foreign currency loan and also working capital of Rs. … Provisions) Act, 1985 and the Small Industries Development Bank of India Act, 1989.(emphasis supplied)24. According to the Company, there is a bar against initiation or

Gal Offshore Services Ltd. (Now the Great Eastern Shipping Company Ltd ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 33AC, 33AC(1), 139(1) and 143(3); Finance Act, 1995; Direct Tax Laws (Second Amendment) Act, 1989; Finance Act, 1999 - Sections 9(1)

Reported in : (2009)221CTR(Bom)448; [2009]309ITR125(Bom)

actual carrying on of the business of operations of shipping in the year of claim;ii) Amendment brought by Finance Act, 1995 with effect from 1st April, 1996 is clarificatory and retrospective.iii) Circular No. 554 dated 12th December, 1994 … hereunder.24.1: Section 33AC of the Income Tax Act, 1961 was inserted by the Direct Tax Laws (Second Amendment) Act, 1989, with effect from 1st April, 1990 with a view to provide a tax incentive to public/Government companies engaged … wherein it was held that the amendment to the Explanation to Sectionn 9(1)(ii) brought about by the Finance Act, 1999 was deliberately introduced with effect

Hdfc Bank Ltd. and anr. Vs. Kishore K. Mehta and ors.

Court : Mumbai

Subject : Civil

Acts : Presidency-Towns Insolvency Act, 1909 - Sections 9, 9(1), 9(2), 9(3) and 9(5); Recovery of Debts Due to Banks and Financial Institutions Act, 1994 - Sections 17, 17A, 17(1), 18, 19, 19(1), 19(4), 19(7), 19(12), 19(13), 19(17), 19(18), 19(19), 19(22), 20, 21, 22, 22(2), 23, 24, 25 to 30, 31A, 34, 34(1) and 34(2); Companies Act, 1956 - Sections 529A; Limitation Act; Income Tax Act, 1961; Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Sick Industrial Companies (Special Provisions) Act, 1985; Small Industries Development Bank of India Act, 1989; Uttar Pradesh Public Monies (Recovery of Dues) Act, 1972; Rajasthan Relief Undertakings (Special Provisions) Act, 1961; Ren

Reported in : 2008(6)BomCR340

shall be in addition to, and not in derogation of the Industrial Finance Corporation Act, 1948, the State Financial Corporations Act, 1951, the Unit Trust … Act, 1984, the Sick Industrial Companies (Special Provisions) Act, 1985 and the Small Industries Development Bank of India Act, 1989.34. The Debts Recovery Tribunal (Procedure) Rules, 1993 prescribes elaborate procedure for processing the application as well as presentation … point which arises for consideration in both these appeals is whether an insolvency notice can be issued under Section 9(2) of the Presidency-Towns Insolvency Act, 1909, hereinafter called as 'the Insolvency Act', on the basis of a recovery

Hill Properties Ltd. the Companies Act, 1956 Vs. Union Bank of India U ...

Court : Mumbai

Subject : Banking

Acts : Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 1(4), 2, 2(4), 8, 17, 18, 19(22), 19(25), 20, 22, 25 to 28, 29, 30, 34, 34(1) and 34(2); Income Tax Act, 1961 - Sections 281; Companies Act, 1956 - Sections 529A; Income Tax (Certificate proceedings) Rules, 1962 - Rules 9, 11, 11(6), 58 to 63 and 86; Industrial Finance Corporation Act, 1948; State Financial Corporation Act, 1951; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Sick Industrial Companies (Special Provision) Act, 1985; Small Industries Development Bank of India Act, 1989; Code of Civil Procedure (CPC) - Sections 9; Constitution of India - Articles 226, 227, 323A and 323B

Reported in : 2009(111)BomLR4550

Sick Industrial Companies (Special Provision) Act, 1985 (1 of 1986) and the Small Industries Development Bank of India Act, 1989 (39 of 1989).13. We may also refer to Rules 9 and 11 (to the extent required) of the … shall be in addition to, and not in derogation of, the Industrial Finance Corporation Act, 1948 (15 of 1948), the State Financial Corporation Act, 1951 … The jurisdiction now exercised by Tribunals under the RDB Act was earlier exercised by the Civil Court under Section 9 of the Code of Civil Procedure, which is now excluded in matters covered by Section 17 of the

Capt. A.L. Fernandes Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2002)81ITD203(Mum.)

this decision has been nullified as a result of the insertion of Explanation to Section 9(1)(ii) by the Finance Act, 1983, with retrospective effect from 1st April, 1979.8. Shri Manohar Chudji, the learned Departmental Representative, appeared before us.

M/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise

Court : Mumbai

Subject : Service Tax

amount of Rs.2,04,39,093/- under provisions of Rule 14 of the Credit Rules read with Section 73 of the Finance Act,1994. In respect of towers and parts thereof, prefabricated building, printers and office chairs, the Commissioner observed that the … v. Collector of Central Excise, Calcutta 1994 (74) ELT 22 59Collector of Central Excise v. Ambalal Sarabhai Enterprises, 1989 (43) ELT 214 60.Union Carbide India Ltd. v. Union of India and Ors. (1986) 2 SCC 547 61. … aggregate demand of Rs.15,40,63,898/- as also interest and equivalent penalty was demanded. 9. The appellant filed its reply to the demand cum penalty notice and