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Hero Cycles (P.) Ltd. Vs. Surtax Officer

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Subject : Direct Taxation

Reported in : (1994)49ITD57(Chd.)

Before the amendment, there were divergent judicial pronouncements on this question. But after the amendment introduced by the Finance Act, 1990, the receipt from sale of import entitlement was made taxable with retrospective effect from 1-4-1962. Sections 2(24)(va) and … 23-11 -1987 passed by the Commissioner of Income-tax (Appeals).2. The assessee has challenged the charging of interest under Section 7C amounting to Rs. 3,33,410 and also Under Section 7D amounting to Rs. 5,176. The 1d. counsel Sh. … to which installments of advance surtax are to be paid on the 15th day of June, the 15th day of September and the 15th day

Mangalam Cement Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Jaipur

Subject : Land Acquisition

Reported in : (1992)43ITD292(JP.)

is made to Finance Act, 1965 passed by the British Parliament wherein Sub-section (8) had been added to Section 15 of the Finance Act, 1965 to apply it to the provision of all gifts (other than Inexpensive gifts … to advertisement, publicity or sales promotion in terms of Section 37(3AJ as operative before its omission by the Finance Act, 1985 with effect from 1-4-1986. On the other hand Shri S.K. Kundra, the learned Departmental Representative strongly supported … has been raised to Rs. 200 by the Income-tax 10th Amendment Rules, 1990). The Assessing Officer had also purported to make a total disallowance 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 … Act, 2001, reference must necessarily be made to Section 2(c) of the Prasar Bharti (Broadcasting Corporation of India) Act, 1990. Section 2(c), referred to above, is being reproduced hereunder:2. Definitions.- In this Act, unless the context otherwise requires,-(c) 'broadcasting' … notification issued by the Department of Telecommunications, referred to above, guidelines dated 15.03.2001 were issued laying down the procedure for obtaining licences for providing 'Direct-to-Home'

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 … (Appeals) I, Hyderabad dated 29-10-1987 relating to assessment year 1984-85. Disallowance of depreciation claim and disallowance made under Section 43B are the two points which emerge for consideration in this appeal. The assessee is a registered firm. … & Co. [MP No. 29 (Hyd.) of 1989 in IT Appeal No. 153 (Hyd.) of 1987]. In that case, the ITO made an addition of

indo NissIn Foods Ltd. Vs. Union of India

Court : Karnataka

Subject : Customs

Acts : Central Excise Tariff Act, 1985; Customs Act - Sections 25 and 27

Reported in : 1993(43)ECC174; 1993LC48(Karnataka); 1993(68)ELT292(Kar); ILR1993KAR1548

11-11-1988, and 65/89 dated 1-3- 1989. These notifications were issued under Section 25 of the Act. Under the Finance Act, 1990 an auxiliary duty of customs at the rate of 50% was levied. This was reduced to 5% under … Notification 285 and 286/90 was put on sale to the public. There is also a prayer to declare Section 15 of the Act, in so far as it permits the levy and collection of import duty based on

Kalyanpur Cement Ltd. Vs. State of Bihar and ors.

Court : Patna

Subject : Sales Tax

Acts : Bihar Finance Act, 1981 - Sections 58 and 58(1); Bihar Sales Tax Supplementary (Deferment of Tax) Rule, 1990

it.3. The Governor of Bihar in exercise of power under Sub-section (1) of Section 58 of the Bihar Finance Act, 1981 framed the Rules to give effect to the aforesaid Industrial Policy dated August 6, 1989. Clause 3 … declaration that the explanatory note in Clause 3 of the Bihar Sales Tax Supplementary (Deferment of Tax) Rules, 1990 (hereinafter referred to as 'the Rules') explaining the meaning of incremental production, is arbitrary and inconsistent with the … industrial units whose investment in plant and machinery did not exceed Rs. 15.00 crores on April 1, 1993 shall be entitled to the benefit of

Hari Sharan Sarraf Vs. Commissioner of Income-tax

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 271(1), 273A and 273(1); Constitution of India - Article 226

Reported in : (1990)88CTR(All)207; [1991]188ITR60(All)

Matched in: Citation (1990)88CTR(All)207; [1991]188ITR60(All)

Scottish Widows plc (Appellant) Vs. Commissioners for Her Majesty's Re ...

Court : UK Supreme Court

Subject : MRTP

(but more complex) provisions in section 82 of FA 1989. Section 444A, inserted into ICTA 1988 by the Finance Act 1990, applies to a transfer of long-term business in accordance with a scheme sanctioned under section 49 of ICA … described by the company as 'transfers from Capital Reserve' and included as part of the entries at line 15 of Form 40 for each period fall to be taken into account [as receipts] in computing the profit

Larsen and Toubro Ltd. and ors. Vs. State of Bihar and ors.

Court : Patna

Subject : Sales Tax

Acts : Constitution of India - Articles 286 and 366(29A); Bihar Finance Act, 1981 - Sections 2, 25A, 25A(2) and 25A(7); Bihar Taxation Laws (Amendment and Validation) Act, 1993; Central Sales Tax Act, Sections 3, 4, 5, 14 and 15

Sachchida Nand Jha, J. 1. The vires of Section 25-A of the Bihar Finance Act, 1981 and the related rules and notification regarding deduction of sales tax at source from the contractors' bills … to the case later.15. In 1990 Section 25-A was amended by the Bihar Taxation Laws (Amendment and Validation) Act, 1990. The Builders Association of India and others challenged the amended provisions in different writ petitions which came up

Shriram Investments Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (1996)59ITD570(Mad.)

115J was inserted by Finance Act, 1987 w.e.f. 1-4-1988. It was withdrawn from the Statute Book by the Finance Act, 1990 w.e.f.1-4-1991. Thus the impugned section was in force for the assessment years 1988-89, 1989-90 and 1990-91 only. Section … Co. of India Ltd. [1995] 216 ITR 455/82 Taxman 536. Accordingly, the Revenue's appeal is dismissed.4. ITA No. 156(Mds)/95 : This is an appeal by the assessee. The assessment for the assessment year 1991-92 in this case