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Assistant Commissioner of Vs. Canara Food Processors (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Pune

Subject : Direct Taxation

Reported in : (1993)45ITD500(Pune.)

assessments. Even after re-opening, the assets brought to tax would have been exempt under Section 40 of the Finance Act, 1983. Revenue is in appeal on the following common grounds, viz. : (1) The order of the CWT … show that the guest house was used actually as staff quarters for the employees drawing less than Rs. 18,000 salary per year and also to show that the assessee's main activity is of converting lands into plots

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 … 24. Period of limitation for completion of assessment proceeding- Except a proceeding under Sub-section (5) of Section 17, Section 18 and Sub-section (1) of Section 19 no proceeding for assessment of the tax payable by a dealer under … 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

Cawnpore Textiles Ltd. Vs. Commissioner of Income-tax

Court : Allahabad

Subject : Direct Taxation

Acts : 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

Reported in : (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 … assessee.25. In view of the divided success the parties shall bear their own costs. - LAND ACQUISITION ACT, 1894 [C.A. No. 1/1894]. Section 4; [Sushil Harkauli, S.K. Singh & Krishna Murari, JJ] Acquisition of land Held, Court

Sone Vanaspati Vs. State of Bihar and ors.

Court : Patna

Subject : Sales Tax

informed the Assistant Commissioner Commercial Taxes. Aurangabad (Respondent No. 5) that the notification in question under the Bihar Finance Act, 1981 was expected to be issued shortly.6. According to the petitioner despite the same it has been threatened … in the district of Aurangabad, whereas its factory is situate.3. The State adopted a resolution on 21st February, 1990 known as Industrial Policy, 1990 with a view to accelerate growth of Industry in the State of Bihar … necessary to issue a formal notification in terms of Sub-section (3) of Section 7 of the Bihar Finance Act.7. The learned Counsel in support of … at page 1682. 'Estoppel by Conduct' have been dealt with in para 1809 and in para 1528 at page 1073 'representation induced by party complaining'

Commissioner of Wealth Tax Vs. Mohan Exports India P. Ltd.

Court : Delhi

Subject : Direct Taxation

favour of the Assessee. Therefore it was not an 'asset' under Section 40 (3) of the WTA Nos. Finance Act 1983. The CIT (A) accepted the above plea and held that the value of the land at 8 … ITAT ) in WTA Nos. 180, 181, 431 and 691/Del/96 for the Assessment Years ( AYs ) 1989-90, 1990-91, 1991-92 and 1985-86, as well as WTA No. 286/Del/98 for AY 1992-93. 2. At the outset, it must … by the Income Tax Appellate Tribunal ( ITAT ) in WTA Nos. 180, 181, 431 and 691/Del/96 for the Assessment Years ( AYs ) 1989-90,

The Commissioner of Income Tax Vs. M/S. Indo Oceanic Shipping Co. Ltd. ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 5, 6, 9, 17(1), 40A, 40A(5), 2(25A) and 192 ; Finance Act, 1971 - Sections 40A; Taxation Law (Extension to Union Territories) Regulation, 1963; Merchant Shipping Act - Sections 3(18); Finance Act, 1990; Territorial Waters Act, 1976

Reported in : (2001)165CTR(Bom)404; [2001]247ITR247(Bom)

clarified that 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 the member of a crew of an Indian Ship … of the Merchant Shipping Act. Is regarded as resident in India only if he is in India for 182 days or more. That, for this purpose it was important to take into account the definition of the

Crown Re-roller (P) Ltd. Vs. State of Orissa in the Department of Fina ...

Court : Orissa

Subject : Sales Tax

Acts : Orissa Sales Tax Act, 1947 - Sections 14; Orissa Sales Tax Rules, 1947 - Rule 39;

Reported in : 2004(I)OLR107; [2005]139STC305(Orissa)

for decision is whether the State Government wh.ile exercising the power of issuing a notification under the Bihar Finance Act could deny benefits declared by the State Government under its Industrial Incentive Policy and the Supreme Court held … a writ petition before this Court O.J.C. No. 1712 of 1989 and by judgment dated 8th of May, 1990, a Division Bench of this Court held that the industrial unit of the petitioner was entitled to enjoy … issuance of notification by the State Government in exercise of power under Section 7 of the Bihar Finance Act, it is true that issuance of … for the years 1989-90, 1990-91, 1991-92 and 1992-93, but by order dated 18.12.1997 the Sales Tax Officer, Rourkela-II Circle, Panposh rejected the said applications. Aggrieved,

Dunlop India Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (1992)41ITD582(Kol.)

amount. In support of this claim the assessee relied on first proviso to Section 43B inserted by the Finance Act, 1987 which, as per decision of the Tribunal in ITO v. K.S. Lokhandwala [1989] 31 ITD 305 (Ahd.) … Clause (c) of Sub-section (1) of Section 246 of the Act. (d) Charging of interest under corresponding provision (section 18 A) of the 1922 Act was automatic up to April 1, 1952. It is not so under Section … Commissioner of Income-tax (Appeals) [hereinafter referred to as 'CIT(A)'] dated September 19, 1990.2. The first and the main controversy relates to Rs. 2057.77 lakhs disallowed

Nb Jaffar Ali Khan Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Land Acquisition

Reported in : (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

Test Claimants in the Franked Investment Income Group Litigation Vs. C ...

Court : UK Supreme Court

Subject : Land Acquisition

such cases: para 260. It was not open to the Revenue to rely on section 320 of the Finance Act 2004 ("Section 320 FA 2004") or section 107 of the Finance Act 2007 ("Section 107 FA 2007") to … the system of advance corporation tax ("ACT") and to the taxation of dividend income from non-resident sources under section 18 (Schedule D, Case V) of the Income and Corporation Taxes Act 1988 ("the ICTA") ("the DV provisions"). The