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Commissioner of Income-tax Vs. Sharda Gum and Chemicals

Court : Rajasthan

Subject : Direct Taxation

Reported in : (2007)209CTR(Raj)143; [2007]288ITR116(Raj)

made with retrospective effect from April 1, 1962, April 1, 1967, and April 1, 1972, respectively vide the Finance Act, 1990. Perhaps this necessitated the filing of a revised return by the assessee on May 1, 1990, of total … gains of business as per the provisions of the Income-tax Act, 1961, before considering claim of deduction under Chapter VI-A.11. The Revenue was aggrieved with allowing the assessee's claim in respect of receipts from the sale of

Tata Sky Limited Vs. the State of Uttarakhand and ors.

Court : Uttaranchal

Subject : Company

Acts : Companies Act, 1956; ; Indian Telegraph Act, 1885 - Section 4; ; Indian Wireless Telegraphy Act, 1933; ; Uttar Pradesh Entertainment and Betting Tax Act, 1979 - Sections 2, 3, 4, 4A, 4A(4), 4B and 4C; ; Bombay Entertainments Duty Act, 1923; ; Uttar Pradesh Entertainment and Betting Tax (Amendment) Act, 2009; ; Finance Act, 2001 - Sections 65, 65(5), 65(13), 65(63), 65(72) and 137; ; Prasar Bharti (Broadcasting Corporation of India) Act, 1990 - Section 2; ; Finance Act, 2002 - Sections 65, 66(5), 65(14), 65(15), 65(80) and 65(90); ; Finance Act, 2003 - Section 65, 65(16), 65(95), 65(105) and 66(1); ; Finance Act, 2004; ; Finance Act, 2005 - Section 65(16) and 65(105); ; Government of India Act, 1935; ; Cable Television Networks (Regulation) Act, 1995; ; Bengal Amusements Tax Act, 1922; ; We

the fact, that broadcasting was subjected to tax liability as a 'service' for the first time under the Finance Act, 2001. Chapter V. of the Finance Act, 2001 bears the heading 'Service Tax'. Section 65(13) of the Finance … meaning assigned to it in Clause (c) of Section 2 of the Prasar Bharti (Broadcasting Corporation of India) Act, 1990 (25 of 1990);To understand the meaning assigned to broadcasting under the Finance Act, 2001, reference must necessarily be … make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the 'Concurrent

M/S Fibre Boards (P) Ltd Bangaloare Vs. Cit Bangalore.

Court : Supreme Court of India

Subject : Land Acquisition

the new scheme contained in Section 54G. It is true that Section 280Y(d) was only omitted by the Finance Act, 1990 and was not omitted together with Section 280ZA. However, we agree with learned counsel for the appellant that … Dhruv Mehta, learned senior advocate appearing on behalf of the assessee argued before us and pointed out that Chapter XXII-B of the Income Tax Act, prior to 1.4.1988, contained Section 280ZA which when read with the definition … in the Capital Gains Deposit Account, the assessee’s claim is not applicable.” 3. By its order dated 20.7.1995, the Commissioner, Income Tax (Appeals) dismissed the

Meera Chemico Industries Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Service Tax

Reported in : (2003)(153)ELT538TriDel

the inclusion of calcined material under the sub-heading; that again all sub-headings under Heading 25.05 were deleted by Finance Act, 1995 and the Heading 25.05 is now the same as that prevailing before its amendment in 1990-91.3.3 The … cements, mortars, concretes and similar compositions, other than products of heading No.38.01"; that as per Note 2 to Chapter 25, Heading 25.05 would cover only products which have been washed, crashed, ground, powdered etc., but not products … the Central Board of Excise & Customs vide Circular F. No. 114/18/86-CX 3 dated 24-3-86 clarified that 'calcined magnesite' would fall under Heading 25.05; that

Sikkim Janseva Pratisthan (P) Ltd. Vs. Dy Cit

Court : Delhi

Subject : Direct Taxation

Reported in : (2004)90TTJ(Del)1108

held that the amendment to section 115A by which other sections 3 and 4 were inserted by the Finance Act, 1994 was merely clarificatory in nature. thereforee, the CIT (A) dismissed the appeals of the assessed for the … of the assessed. He was of the view that the deduction under Chapter VI-A are not permissible to the assessed company in view of the … he held that the amendment to section 115A by which other sections 3 and 4 were inserted by the Finance Act, 1994 was merely clarificatory … be rectified.2. The Tribunal vide order dated 25-4-2003 dispose of the appeals for the assessment years 1987-88, 1989-90, 1990-91 and 1991-92.'The facts for assessment year 1987-88 are that.The assessment under section 143(1) was completed in which the

20 Microns Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Land Acquisition

is therefore, clear that the heading 25.05 cannot cover calcine products.2.4 I However, prior to the enactment of finance Act 1990, the Heading 25.05 did not have any sub headings under it. The Finance Act, 1990 introduced sub headings … Clay'. The appellants sought to classify the said calcined China Clay in the declaration filed by them under chapter heading 26.06. The Appellants during the course of adjudication proceedings alternatively claimed classification of the said Calcined China … the effective rate is prescribed in the tariff (relevant bill entry refers) 3.2 By the proposals of 1995-96, completely exempted all goods falling under heading

Arunachal Forests Products Ltd. Vs. Union of India (Uoi)

Court : Guwahati

Subject : Excise

Acts : Central Excise Tariff Act, 1985; Central Excises Act, 1944; Finance Act, 1990; Finance Act, 1992

the period when the relevant entry stood as mentioned above and are covered by the CEGAT judgment.5. The Finance Act, 1990 amended Chapter 44 of the Tariff Act in certain respects. Notes 5 and 6 were renumbered as Notes

Shri Socorro N. Gracias and Others Vs. the State of Goa and Others

Court : Mumbai

Subject : Motor Vehicles

Acts : Goa Motor Vehicles Rules, 1991 - Rule 311; Motor Vehicles Act, 1988 - Sections 99, 100 and 107; General Clauses Act, 1897 - Sections 3(60) and 22; Goa Govt. Rules of Business, Rules 9 and 17; Constitution of India - Articles 154, 162, 166 and 226

Reported in : AIR1999Bom436b; 1999(3)BomCR744

the provisions contained in Chapter III; provided that no case in regard to which the concurrence of the Finance Department is required under Rule 7 shall, save in exceptional circumstances and under the directions of the Chief … Council is required under Article 163 shall be transacted and disposed of in accordance with the provisions in Chapter III of the Business Rules. The Chapter III of the Business Rules deals with the matters pertaining to the … Act, 1897, the Government of Goa by Notification No.5/5/90-TPT dated 19th February 1990, published Draft Rules called Goa Motor Vehicles Rules, 1989, (hereinafter called as … in exercise of powers conferred under various sections of the Motor Vehicles Act, 1988 (hereinafter called as 'the said Act'), read with section 22 of

Jai Pal Sharma Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2000)72ITD485(Delhi)

of 'income' had been made even retrospectively as in the case of duty drawback, cash assistance etc.as per Finance Act, 1990 by which definition of income was widened by adding sub-clauses V (a) to V (d) of sub-section 2(24). … the definition of income under section 2(24) as same was done in the case of Annuity deposit under Chapter XXII(A).Annuity deposit made was deductible under section 280(1) from the total income and re-payment was deemed to be

United Phosphorus Limited Vs. Joint Cit

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2001)73TTJ(Ahd.)404

such export incentives are of revenue nature and hence taxable, and to end all judicial controversies thereabout, the Finance Act, 1990 has inserted in section 28 of the Income Tax Act, 1961.Clause (iiia) read with 2(24)(va) (with effect from … to the period from 1-4-1992, to 31-3-1997, in the compilation and drew our attention to various clauses of Chapter VII dealing with Duty Exemption Scheme. Under the Duty Exemption Scheme, import of raw materials, etc. required for … by. way of disclosure of significant Accounting Policy as required by Parts III of Schedule VI of the Companies Act. The auditors have given an