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The Commissioner of Income Tax and Vs. Brindavan Beverages Ltd.

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(14), 2(19AA), 2(42C), 41[2], 45, 48, 50B, 80IA(4), 80IB(4), 80IB(5), 80HHC, 80HHC(3), 80HHC(3A), 80HHC(4), 80HHC(4A), 115A, 115B, 115BB, 115C, 115J, 115JA, 115JA[1], 115JA[2], 115JA[4], 115JB, 143(2), 161[1A], 164, 164A, 207, 208, 209, 209[1], 210, 211, 215, 234, 234A, 234B, 234C, 234G, 254(2) and 260A; Finance [No. 2] Act, 1996; Finance Act, 1997; Finance Act, 1998; Finance Act, 1999; Finance Act, 2000 - Sections 2; Companies Act, 1956 - Sections 210; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(1) and 17(1); Constitution of India - Article 141

Reported in : (2010)228CTR(Kar)1; [2010]186TAXMAN233(Kar)

in reference to the provisions of Section 115JA of the Act is conspicuously absent in Part-III of the Finance Act providing for computing advance tax though mention is made of Sections 115A, 115B, 115BB, 115C of the Act … not have directed the assessing officer to compute the capital gain of the assessee for the assessment year 1990-2000 even after taking the view that the transaction of transfer of the bottling unit of the assessee is … Shylendra Kumar 1. This is an appeal of the revenue under Section 260A of the Income Tax Act, 1961 (for short 'the Act') directed against

Dr. K.M. Shah Vs. Dy. C.i.T.

Court : Gujarat

Subject : Direct Taxation

Acts : Wealth-tax Act, 1957 - Sections 2, 7(2), 16A and 27A; Gift-tax Act; Wealth-tax Act, 1958 - Sections 7(2) - Schedule - Rules 3, 4, 5, 6, 7, 8, 19 and 20; Urban Land Ceiling Act - Sections 6; Direct Tax Laws (Amendment) Act, 1987; Finance Act, 1992; Income-tax Act, 1961

Reported in : (2004)190CTR(Guj)414; [2004]270ITR408(Guj)

at his option, specify in his behalf in the return of net wealth]. ** Proviso omitted by the Finance Act, 1992 w.e.f. 1.4.1993.Explanation- For the purposes of this sub-section,-(i) where the house has been constructed by the assessee, … year 1995-96 show the area of construction as 121.34 sq.mtrs. The bill at page 389 for the year 1990-91 does not show any such area. But in all the four bills, the annual rating value is shown … of law and fact, by consent of the learned counsel for the parties, the appeals were heard together and are being disposed of by this … Shah, J.1. These four appeals are filed by the assessee under Section 27A of the Wealth-tax Act, 1957 against the judgment and order dated 9.1.2001

Ashirvad Enterprises Vs. the State of Bihar and anr.

Court : Patna

Subject : Sales Tax

of the Bihar Finance Act, 1981 (Bihar Act No. 5 of 1981) Part I, the Governor of Bihar on being satisfied that it is necessary … C.J.1. The petitioner firm is a small scale industrial unit. It is a registered dealer under the Bihar Finance Act, 1981, and under the Central Sales Tax Act, 1956. In this writ application, the petitioner assails Annexure '5', … conditions of S.O. 123.5. We heard counsel. S. O. No. 123 dated 5-3-1990 is as follows:The 5th March, 1990S.O. 123-In exercise of the powers conferred by Section 22 of the Bihar Finance Act, 1981 (Bihar Act No. … dated 5-3-1990, in exercise of the powers vested in it under Section 22 of the Bihar Finance Act, 1981. The said notification dated 5-3-1990 is

Parikh Engineering and Body Building Co. Ltd. and anr. Vs. Union of In ...

Court : Patna

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32(1), 115J, 143, 143(1), 143(3) and 154; Companies Act, 1956

Parts II and III of Schedule VI to the Companies Act, 1956 (1 of 1956).' 12. By the Finance Act, 1990, the words 'but before the 1st day of April, 1991' were inserted after the words 'the 1st day … S.N. Jha, J. 1. These writ petitions involving common questions of law and between the same parties have been heard together. 2. The dispute arises from the rectification of the so-called apparent mistake in the

J. Thomas and Co. (P) Ltd. Vs. Commissioner of Income Tax

Court : Kolkata

Subject : Direct Taxation

Acts : Companies Act, 1956; ;Finance Act, 1989; ;Finance Act, 1990; ;Income Tax Act, 1961 - Sections 14, 32AB, 32AB(1), 32AB(3), 32AB(5), 115J and 115JA

Reported in : (2005)195CTR(Cal)230,[2005]275ITR467(Cal)

the petitioner can be considered as a trading company within the meaning of the Finance Act, 1989, and Finance Act, 1990 ?'1.1. These appeals arise out of a common judgment of the learned Tribunal covering five assessment years between … way of dividends, interest on securities, property income, which is treated as business income under the provisions of Parts II and III of Schedule VI to the Companies Act, 1956, is to be excluded and deduction under … the relevant assessment years, since these activities were carried on at least 20 years to 5 years' before the relevant assessment years. There is no

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

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

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

tax in India. 2. After the amendment made in Section 6 of the IT Act, 1961 by the Finance Act, 1990 w.e.f. 1st April, 1990, an Indian citizen who is a member of the crew of an Indian ship … in his total income.The learned JM has clearly brought out on record the various arguments taken by the parties and accepted the assessee's contention. In taking that view, reference is extensively made to "Introduction to International Law"

Capt. A.L. Fernandes Vs. Ito

Court : Mumbai

Subject : Direct Taxation

Reported in : (2002)75TTJ(Mumbai)714

tax in India.2. After the amendment made in section 6 of the Income Tax Act, 1961 by the Finance Act, 1990 with effect from 1-4-1990, an Indian citizen who is a member of the crew of an Indian ship … total income. The learned Judicial Member has clearly brought out on record the various arguments taken by the parties and accepted the, assessee's contention. In taking that view, reference is extensively made to 'Introduction to International Law'

Gujarat Alkalies and Chemicals Ltd. Vs. Joint Commissioner of Income T ...

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

a view to provide incentive to exports. This section has thereafter been amended from time to time. The Finance Act, 1990, introduced Sub-section (3) to Section 80HHC which provides that profits derived from export of goods shall be an … argued before us concerning the computation of deduction under Section 80HHC is whether excise duty and sales-tax form part of the total turnover. The issue has been argued at length on both sides even though it is … has been filed by the assessee against the order of CIT(A), dt. 24th Feb., 2000, for asst. yr. 1996-97. Most of the grounds raised by

Vinod Rathore Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 44AC, 206C, 206C(1), 206C(3), 206C(5A), 206C(5B), 206(6), 206C(7), 206C(9) and 206C(11); Andhra Pradesh General Sales Tax Act; Finance Act, 1990

Reported in : (2005)195CTR(MP)210; [2005]278ITR122(MP)

of the IT Act, 1961, was being understood in different ways. In order to clarify this point, the Finance Act, 1990, has amended the said section to provide that the purchase price would mean any amount (by whatever name … was considered. In para 17 of the judgment, it has been held that the amount of freight formed part of the 'sale price' within the meaning of the first part of the definition of that term and … following question of law :Whether collection of tax at source under Section 206C of the IT Act on the price of liquor shall include excise

Jeevanlal Narsi and Sons Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (1992)42ITD719(Hyd.)

sum might not have been payable within that year under the relevant law. This Explanaiion-2 was inserted by Finance Act, 1989 with retrospective effect from 1-4-1984 itself. The effect of this Explanation is that it is enough the … depreciation on motor car. Admittedly, the assessee was having one motor car bearing No. TNG-5139. One of the partners of the assessee-firm was stated to be having another car bearing No. APQ-6500. It was the claim of