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Gadore Tools Pvt. Ltd., New Delhi Vs. Commissioner of Income Tax

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 35-B and 256; Finance Act, 1990

Reported in : (2000)161CTR(Del)472

favor of the Revenue in view of the amendments incorporated in the Income Tax Act, 1961 by the Finance Act, 1990. Finance Act, 1990 incorporated clause (iiib) to Section 28 of the Income Tax Act, 1961 with effect from

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 … for AY 1989-90 was filed on 29.12.1989. In view of the amendment by insertion of clause (iiib) in Section 28 of the Act making Export Cash Assistance as taxable w.e.f.1-4-1967 the Assessing Officer in that case passed 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

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

B. Desraj Vs. Cit

Court : Supreme Court of India

Subject : Direct Taxation

Reported in : (2008)216CTR(SC)348; [2008]301ITR439(SC)

80HHC. Hence, this civil appeal by the assessee.9. At the outset, it may be stated that by the Finance Act, 1990, the Parliament has clarified that cash compensatory support and duty drawback shall be taxable under Section 28 of

Assistant Commissioner of Income Tax Vs. Ambadi Enterprises (P) Ltd.

Court : Chennai

Subject : Direct Taxation

Reported in : (1998)62TTJ(Mad)432

not. The learned Departmental Representative pointed out that there was retrospective amendment by the Finance Act, 1990, to section 28 of the Income Tax Act, by which sections 28(iiib) and 28(iiic), which read as under, have been added … the order of the Commissioner (Appeals) was a negative figure. But due to the retrospective amendment by the Finance Act, 1990, the relief in respect of cash assistance has been withdrawn and, therefore, the total income will become positive

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)

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 … 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

Commissioner of Income Tax, Bhopal Vs. Hindustan Elector Graphites Ltd ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 139, 141A, 142, 143(1), 148, 156, 234, 271(1) and 256; Finance Act, 1990 - Sections 28; Madhya Pradesh General Sales Tax Act, 1958 - Sections 43; Central Sales Tax, 1956 - Sections 9

Reported in : JT2000(3)SC499; 2000(2)SCALE519; (2000)3SCC595; [2000]2SCR506

way of cash assistance. Since Clause (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 December

Commissioner of Income-tax Vs. Hindustan Electro Graphites Ltd.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Finance Act, 1990 - Sections 28; Income Tax Act, 1961 - Sections 143(1) and 143(1A)

Reported in : (2000)160CTR(SC)8; [2000]243ITR48(SC)

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 which, as noted above, was filed on December

Commissioner of Income Tax Vs. Satish Traders

Court : Madhya Pradesh

Subject : Direct Taxation

Reported in : [2001]247ITR119(MP)

Bench, in the case of Gedore Tools (India) Pvt. Ltd. case. After filing of the return, by the Finance Act, 1990, clause (iii) was inserted in section 28 of the Income tax Act, 1961, with retrospective effect from 1-4-1967.