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Aero Leather (P) Ltd. Vs. Union of India and ors.

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24); Finance Act, 1990; Constitution of India

Reported in : ILR1992Delhi731; [1992]194ITR7(Delhi)

B.N. Kirpal, J. (1) The challenge in this writ petition is to the validity of Section 28(iiib) and Section 2(24)(vb) of the Income-tax Act with retrospective effect by the Finance Act of 1990. (2) Briefly stated the facts … been filed before the Commissioner of Income-tax for waiver of interest. (4) As already indicated hereinabove, by the Finance Act, 1990 two amendments were made in the Income-tax Act which adversely affected the interest of the petitioner. In Section

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'

Vipul Dye Chem Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2003)86ITD851(Mum.)

minimum alternative tax. The learned counsel referred to the Circular No. 495 dt. 22nd Sept., 1987, explaining the Finance Act, 1987. According to the learned counsel, this circular also refers to book profits on which minimum tax is … under Section 80HHC is available. The learned counsel also took us through Circular No. 559 dt. 4th May, 1990, pertaining to the Explanation of the provisions of amended section w.e.f. 1st April, 1989. He specially referred to … assessee has been directed against the order of the CIT(A)-XLV. Mumbai dt. 28th March, 2001, for the asst. yr. 1997-98.The grounds of appeal taken up

Velan Textiles Pvt. Ltd. Vs. Deputy Commissioner of Income-tax (Assess ...

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 260A; Finance Act, 1990 - Sections 145(1), 145(2), 32A(3) and 32A(4)

Reported in : [2009]312ITR56(KAR); [2009]312ITR56(Karn)

question of law.7. We have accordingly heard the learned Counsel for the parties and perused the record.8. The Finance Act, 1990, had amended Section 32A(4)(ii) of the Act retrospectively from April 1, 1976. It provides that the investment allowance … Sri Parthasarathi for the appellant and Sri M.V. Seshachala for the respondent.2. This is an appeal under Section 260A of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') against the order dated October 31, 2002,

Commissioner of Income-tax Vs. R.D. Ramnath and Co.

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24) and 28; Finance Act, 1990

Reported in : [1999]235ITR31(Delhi)

1 and 2 are concerned, they are taken care of by an amendment in the law itself. The Finance Act, 1990, has inserted Clause (iiib) in Section 28 of the Act and Sub-clause (vb) in Section 2(24) of the

Commissioner of Income-tax Vs. Kerala State Coir Corporation Ltd.

Court : Kerala

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 18A(2), 18A(5), 18A(6), 28, 33A, 44AB, 142(2), 143(1), 143(1A), 143(2), 143(3), 154, 154(1) and 256(1); Income-tax Rules, 1962 - Rule 6D; Finance Act, 1993; Income-tax (Amendment) Act, 1987; Finance Act, 1990; Indian Income-tax (Amendment) Act, 1953; Indian Income-tax Act, 1922 - Sections 35; Constitution of India - Article 226

Reported in : (2001)170CTR(Ker)298; [2001]252ITR503(Ker)

way of cash assistance. Since, Clause (iiib) was inserted in Section 28, though having retrospective operation by the Finance Act, 1990, the assessee did not include this income in its return. The Assessing Officer by his order passed under … S. Sankarasubban, J. 1. This reference is at the instance of the Revenue under Section 256(1) of the Income-tax Act, 1961 (for short, 'the Act'). The questions of law referred are as follows :

Deversons Private Limited Vs. Chairman, Central Board of Direct Taxes ...

Court : Gujarat

Subject : Direct Taxation

Acts : Constitution of India - Article 226; Income Tax Act, 1961 - Sections 28, 119(2), 139(1), 143(1), 141(1A), 143(3), 154, 210, 234A, 234B, 234C and 264; Finance Act, 1990 - Sections 28

Reported in : (2004)192CTR(Guj)400; [2005]273ITR414(Guj)

It was only on 16.3.1990 that Finance Bill 1990 was introduced for making Export Cash Assistance taxable and Finance Act 1990 received the assent of the President of India on 31.5.1990. Since the last date for making payment of … dated 31.3.1994 (Annexure 'M') passed by the Commissioner of Income-tax, Gujarat-I, Ahmedabad rejecting the petitioner's revision petition under Section 264 of the Income-tax Act, 1961 ('the Act' for short) and rejecting the petitioner's claim to delete the … petition is taken up for final disposal today.2. This petition under Article 226 of the Constitution challenges the order dated 31.3.1994 (Annexure 'M') passed by

State of Bihar and ors. Vs. Steel City Beverages Ltd. and anr.

Court : Supreme Court of India

Subject : Sales Tax

Acts : Bihar Sales Tax Supplementary (Deferment of Tax) Rules, 1990 - Rules 2 and 3; Bihar Sales Tax Rules, 1983 - Rule 42(7); Income Tax Act, 1961; Bihar Finances Act, 1981 - Sections 58(1);

Reported in : 1998VIIIAD(SC)371; AIR1998SC235; 1999(1)BLJR10; [1999]235ITR131(SC); JT1998(8)SC49; (1999)IIMLJ15(SC); 1998(6)SCALE184; (1999)1SCC10; [1998]Supp3SCR5; [1999]112STC185(SC)

is engaged in the business of manufacturing soft-drinks and beverages. It is a registered dealer under the Bihar Finance Act, 1981. It filed a writ petition being Civil Writ Jurisdiction Case No. 1118 of 1992, through its Director-respondent … so as to amount to 'Fixed Capital Investment' under the Bihar Sales Tax Supplementary (Deferment of Tax) Rules, 1990 (hereinafter referred to as 'the Deferment Rules').2. The Company is engaged in the business of manufacturing soft-drinks and … State Government in exercise of the powers conferred by Sub-section (1) of Section 58 of the Bihar Finance Act, made the Deferment Rules. An examination

Commissioner of Income Tax Vs. Sidral Food (P) Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32A, 32A(1), 32A(2), 32A(4) and 256(1); Finance Act, 1990; Companies Act, 1956

Reported in : (2006)200CTR(Guj)135; [2006]282ITR563(Guj)

Circular No. 305, dt. 12th June, 1981, as well as amendment to Section 32A(4)(ii) of the Act by Finance Act, 1990, with retrospective effect from 1st April, 1976. The Tribunal, therefore, granted investment allowance to the assessee.5. Mr. T.U. … D.A. Mehta, J. 1. The Tribunal, Ahmedabad Bench 'A', has referred the following question under Section 256(1) of the IT Act, 1961 (the Act), at the instance of the CIT :Whether, on the facts and

Kerala Electricity Officers Federation and ors. Vs. Central Board of D ...

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 17, 57, 80C, 87, 88, 88(2), 88A, 88B, 88C, 89, 89(1) and 192; Finance Act, 1990 - Sections 80C, 80C(1), 80C(2) and 88; Provident Fund Act; Income Tax Rules, 1962 - Rules 2, 21A, 21A(1), 21A(2) and 21AA

Reported in : (2005)198CTR(Ker)625; [2005]279ITR482(Ker)

to provident fund, etc. were governed by the provisions contained in Section 80C which section was omitted by Finance Act, 1990 w.e.f. 1st April, 1991 with the insertion of Section 88. What was allowed by way of deduction from … P.R. Raman, J.1. Petitioners 1 and 2, respectively, are the Kerala Electricity Officers Federation and the Kerala Electricity Workers Federation, Thiruvananthapuram, represented by their secretaries.