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Association Of Old Settlers Of Sikkim Vs. Union Of India
Supreme Court of India
Jan-13-2023
MRTP
the year 1989 and w.e.f. 26.07.1989, the Indian Income Tax Act, 1961 was extended to Sikkim by the Finance Act, 1989. Under the said amendment, any law corresponding to the Income Tax Act, 1961, which was in force … virtue of the Government of India Order No.26030/36/90-I.C.I., dated the 7th August, 1990 and Order of even number dated the 8th April, 1991; or (iii) … Old Settlers of Sikkim and Others have prayed for an appropriate writ, direction or order 1 striking down Section 10(26AAA) of the Income Tax Act, 1961 (hereinafter referred to as the “Act, 1961”), more particularly, the definition of
Tag this Judgment! AI Brief & AskCawnpore Textiles Ltd. Vs. Commissioner of Income-tax
Allahabad
Oct-12-2004
Direct Taxation
Income Tax Act, 1961 - Sections 10, 17, 28, 35B, 35B(1), 36(1), 40, 40A(5) and 256(1); Finance Act, 1990; Customs and Central Excise Duties Drawback Rules, 1971
(2006)200CTR(All)203; [2005]276ITR612(All)
concerned it may be mentioned here that Section 28(iiib) of the Act which has been inserted by the Finance Act, 1990, with effect from April 1, 1967, provides that the case assistance (by whatever name called) received or receivable … taken into account, namely:--(i) the value of any travel concession or assistance referred to in Clause (5) of Section 10 ;(ii) passage moneys or the value of any free or concessional passage referred to in Sub-clause (i) of
Tag this Judgment! AI Brief & AskKhan International Exports P. Ltd. Vs. Commissioner of Income-tax
Allahabad
Dec-06-2004
Direct Taxation
Income Tax Act, 1961 - Sections 10(17A), 28, 80HHC and 256(1); Finance Act, 1990
(2006)201CTR(All)165; [2006]280ITR165(All)
for the applicant, and Sri A.N. Mahajan, learned standing counsel for the Revenue.5. We find that by the Finance Act, 1990, Clauses (iiib) and (iiic) are inserted in Section 28 of the Act with effect from April 1, 1967, … as 'the Act', for opinion of this Court :'(I) Whether on a true and correct interpretation of Section 10(17A) and also in view of the provisions contained in the 'charging sections' under the Income-tax Act, 1961, the
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Winsome Textiles Industries Ltd. Vs. Union of India (Uoi) and ors.
Punjab and Haryana
Nov-02-2004
Direct Taxation
Income Tax Act, 1961 - Sections 37(2A), 80A(2), 80HH, 80-IA(1), 80-IA(2), 80-IA(5), 80-IA(7), 80-IA(10), 115JA, 143(1), 143(3), 147, 148, 151, 154 and 158BD; Companies Act, 1956; Finance Act, 1990 - Sections 28
(2005)199CTR(P& H)466; [2005]278ITR470(P& H)
of the assessee, on the basis of the retrospective amendment to Section 28 of the Act by the Finance Act, 1990, making such receipts taxable as business profits. On appeal to the Supreme Court :Held, reversing the decision of … :(i) Depreciation considered separately 2,79,47,958(ii) Disallowance under Rule 6D 12,170(iii) Entertainment expenses considered sepa- 1,07,573rately(iv) Charity and donation 10,00,000(v) Disallowance under Rule 6B 4,395 2,91,52,096____________________________8,81,94,553Less :(i) Depreciation as per chart enclosed 8,16,74,800(ii) Profit on sale of fixed
Tag this Judgment! AI Brief & AskVoltas Limited Vs. the State of Jharkhand and ors.
Jharkhand
Jun-22-2006
Sales TaxLimitation
Indian Companies Act, 1913; Bihar Finance Act, 1981 - Sections 12, 13, 17(5), 18, 19(1), 21, 21(1), 24 and 58; Bihar Finance Rule, 1981 - Rule 13A; Rajasthan Sales Tax Act - Sections 5(3); Rajasthan Sales Tax Rule - Rule 29(2); 46th Amendment Constitution of India - Article 366(29A)
[2006(3)JCR518(Jhr)]
one place to another and the sale of such air-conditioners is chargeable to sales tax under the Bihar Finance Act, 1981 under Entry No. 116 of the Schedule at the rate of 16%.6. One of the disputes in … the rate of 8%. Further, according to the respondents, the provision of Section 12 of the Bihar Finance Act is not applicable in these cases, … of Annexure-III to the Bihar Finance Act, 1981, published vide Notification No. 1026/77-14545 dated 26th December, 1977 deals with Refrigerators, Air-conditioners, Air-coolers & Air-conditioning plant … 1985-86 W.P.(T)No. 467/05 1986-87 W.P.(T)No. 493/05 1987-88 W.P.(T)No. 466/05 1988-89Other three writ petitions relate to the assessment years 1990-91 to 1992-93. The petitioner has challenged the orders of remand, as made by the appellate authority on the
Tag this Judgment! AI Brief & AskState Bank of India Officers' Association and Anr. Vs. Deputy General ...
Himachal Pradesh
Sep-03-1992
Direct Taxation
Income Tax Act, 1961 - Sections 2(24), 10, 10(14) and 17(2); ;Finance Act of 1975; ;Direct Tax Laws (Second Amendment) Act, 1989
[1993]200ITR517(HP)
(city) allowance exempt from income-tax under Section 10(14) of the 1961 Act, an Explanation was added by the Finance Act of 1975 with retrospective effect from April 1, 1962. The Explanation is as follows :'Explanation : For the … a similiar matter, Chief Justice P. C. Balakrishna Menon disposed of the said writ petition on August 13, 1990, with the following order :'The only point raised in this writ petition is about the legality of including
Tag this Judgment! AI Brief & AskAll India Blue Star Employees Federation Vs. Union of India (Uoi) and ...
Mumbai
Jun-10-1998
Direct Taxation
Income Tax Act, 1961 - Sections 10 and 10(10C); Income Tax Rules, 1962 - Rule 2BA; Constitution of India - Articles 14, 21 and 226; ;Finance Act, 1987; Finance (Amendment) Act, 1992; Finance (Amendment) Act, 1993; Finance (Amendment) Act, 1994; Income Tax (Amendment) Rules, 1993
[1998]234ITR155(Bom)
(10C) was inserted in that Section for the first time with effect from April 1, 1987, by the Finance Act, 1987, to extend the benefit of exemption to the employees of public sector undertakings in respect of any … Laxman Kale's case : [1990]185ITR104(SC) as far back as in the year 1990. The only change made by the Legislature in this clause thereafter is … the employees of respondent No. 4-company, seeks to challenge the validity of the provisions of Clause (10C) of Section 10 of the Income-tax Act, 1961 (the 'Act'), and Rule 2BA of the Income-tax Rules, 1962 (the 'Rules'), on
Tag this Judgment! AI Brief & AskSikkim Janseva Pratisthan (P) Ltd. Vs. Dy Cit
Delhi
Dec-15-2004
Direct Taxation
(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 … received in respect of units, purchased in foreign currency, of a Mutual Fund specified under clause (23D) of section 10 or of the Unit Trust of India, shall be taxed at the rate of twenty per cent.16. Prior … 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
Tag this Judgment! AI Brief & AskM/S Fibre Boards (P) Ltd Bangaloare Vs. Cit Bangalore.
Supreme Court of India
Aug-11-2015
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 … on the sale of land and buildings in such areas provided these are reinvested in approved relocation schemes.” 10. Further, the notes on clauses for the Finance Bill, 1987 reads as under:- “Clause 24 seeks to insert
Tag this Judgment! AI Brief & AskNb Jaffar Ali Khan Vs. Assistant Commissioner of
Income Tax Appellate Tribunal ITAT Hyderabad
Sep-20-2002
Land Acquisition
(2003)87ITD359(Hyd.)
estimate of the Valuation Officer.21.2 Rule 18 of Schedule-III to the Wealth-tax Act, before its substitution by the Finance Act, 1990, with effect from 1-4-1990 read as under:- (a) where the value declared by the assessee in the return … appeal i.e. No.194/Hyd./98 relating to Taqhia Begum for assessment year 1984-85 which involves reopening of the assessment under Section 17. Considering the common features involved in these appeals, these appeals are being disposed of by this common … Mir Osman Ali Khan created the said Trust on 29-3-1951, by transferring 107 items (115 pieces) of jewellery specified in the 1st Schedule to the
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