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Voltas Limited Vs. the State of Jharkhand and ors.

Court : Jharkhand

Subject : Sales TaxLimitation

Acts : 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)

Reported in : [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, … 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 … 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

Priyanka Overseas Ltd. Vs. Dy. Cit

Court : Delhi

Subject : Direct Taxation

Reported in : [2001]79ITD353(Delhi)

Union of India (1992) 194 ITR 71 . Subsequently, the law was amended with retrospective effect by the Finance Act, 1990 and as such the receipts became taxable. Accordingly, the income was enhanced by the assessing officer and interest … the order of Commissioner (Appeals) confirming the action of the assessing officer in regard to interest levied under sections 234B and 234C.2. Brief facts of the case are that assessed deposited tax of Rs. 53,40,334 arrived at … The Central Board of Direct Taxes while exercising powers specified under section 119(2)(a) decided to authorise Chief Commissioner and Director General, Investigation to reduce or

Jana Jagruthi Samithi Vs. Union of India (Uoi)

Court : Karnataka

Subject : Constitution

Acts : Constitution of India - Article 226; Forest (Conservation) Act, 1990; Indian Electricity (Supply) Act, 1948 - Sections 29; Land Acquisition Act, 1894

Reported in : ILR1991KAR2939; 1991(2)KarLJ524

& Environment.(e) Administrative Ministry, Department of Power, Government of India.(f) Ministry of Environment, Government of India.(g) Ministry of Finance, Government of India.(h) Public Investment Board.(i) Cabinet Committee on Economic Affairs.The above Authorities, except (f) and (i), have … bad.Another important feature is that there was no application of mind to the applicability of the Forest (Conservation) Act, 1990. No Scheme was prepared for rehabilitation of large number of persons who will be dislodged from their habitat. … the Central Electricity Authority has also concurred in the Scheme as per Section 31 of the Indian Electricity Supply Act. To meet the power shortage, … relied on SHRI SACHIDANANDA PANDEY v. STATE OF W.B., AIR 1987 SC 1109 and Rural Litigation & Entitlement Kendra v. State of U.P.No doubt in

Commissioner of Income-tax Vs. Raza Buland Sugar Co. Ltd.

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 33, 33(2), 34, 34(3) and 256; Finance Act, 1990

Reported in : (1993)112CTR(All)395; [1993]202ITR191(All)

the hardship of taxpayers and adopting a pragmatic approach, if we may say so, amended Section 34(3)(a) by Section 11 of the Finance Act, 1990, to secure that the condition of creation of the reserve even in a … 7. Section 34(3)(a) of the Act as it stood at the material time, before its amendment by the Finance Act, 1990, when the appeals came to be decided giving rise to this reference, inter alia, provided that the deduction

Commissioner of Income-tax Vs. Beco Engineering Co.

Court : Punjab and Haryana

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 33(1), 33(2) and 34(3); Finance Act, 1990

Reported in : [1998]232ITR102(P& H)

with a view to redress the hardship of taxpayers and amended Section 34(3)(a) by Section 11 of the Finance Act, 1990. Section 11 of the Finance Act, 1990, reads as under (see [1990] 184 ITR 5 ) :'11. Amendment of Section

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 … appeal, following the floating island theory. In the case of Shri Avtar Singh Wadhwan, ITA No. 5140/Bom/1982, dt. 11th Aug., 1986, the Tribunal decided the issue in favour of the assessee following the CBDT Circular No. 356,

Neelkanth Devansh Developers Private Limited Vs. Urban Infrastructure ...

Court : Mumbai

Subject : Education

the Respondents/original Petitioners has relied upon two judgments of this Court; one in J.K. Corporation Ltd. vs. Ensource Finance Ltd. (2001] 33 SCL 143 (BOM)and the other in Marine Container Services (India) Pvt. Ltd. vs. Shaheel Bearings … Thereafter, an application was filed in the Apex Court vide Arbitration Application No.12 of 2015 on 09/12/2015 under Section 11 of the Arbitration and Conciliation Act, 1996 seeking reference to arbitration. (C) The prayers in the application under

M. Visvesvaraya Industrial Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2002)83ITD511(Mum.)

in the Factories Act, 1948, could not be relied upon for interpretation of the terms contained in the Finance Act, 1966. We therefore hold, with respect, that the controversy before us is not at all resolved by the … returns of income for these two assessment years in Form No. 3A applicable to assessees claiming exemption under Section 11. This claim of exemption was denied after detailed discussion by the AO in the assessment order for asst. … Nov., 1993 and 31st March, 1994, respectively for asst. yrs, 1989-90 and 1990-91 were decided by the order of Tribunal, Mumbai Bench 'B', Mumbai, dt.

Kiran Corpn. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2006)98ITD119(Ahd.)

before insertion of Clause (iiib) in Section 28 of the I.T. Act. Clause (iiib) was introduced by the Finance Act, 1990, retrospectively w.e.f. 1-4-1967 provided for treating cash assistance as business income under Section 28. On the basis of … 1. These two appeals have been filed by the assessee against the consolidated order of the CIT(A) dated 11-1-1995 for assessment year 1990-91 whereby part relief has been allowed in the quantum appeal and adjustment made under

Kiran Corporation Vs. the Asstt. C.i.T.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2006)102TTJ(Ahd.)375

way of cash assistance. Since cl. (iii)(b) was inserted in Section 28, though having retrospective operation by the Finance Act, 1990, the assessee did not include this income in its return which, as noted above, was filed on 29th … been resolved by the Apex Court in Asst. CIT v. J.K. Synthetics Ltd. [2001] 251 ITR 200 : 116 Taxman 598...Apex Court reversed the decision of the Delhi High Court in J.K. Synthetics Ltd. v. Asstt. CIT