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Chowgule Real Estate and Construction Company Vs. Commissioner of Inco ...

Court : Mumbai

Subject : Direct Taxation

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

Reported in : [1991]189ITR625(Bom)

years 1964-65 and 1966-67. Counsel are agreed that, in view of the amendment of section 34(3)(a) by the Finance Act, 1990, with retrospective effect from April 1, 1962, the legal position is clearly in favour of the assessee and

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' … goods within the meaning of 'sale' in Section 2(h); it also receives consideration, therefore, the requirements of charging Section 3 read with Section 3(f) are satisfied. The judgments and orders under challenge in these appeals are, therefore, set

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 … was applicable to the floating staff as if they were working in India. Consequently, the A.O. disallowed Rs. 3.56 lacs under section 40A(5). Being aggrieved, the assessee went in appeal to the C.I.T. (Appeals). The Appellate Authority,

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

Commissioner of Income-tax Vs. Bharat Heavy Electricals Ltd.

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 33, 34(3) and 37; Finance Act, 1990

Reported in : (2001)171CTR(Del)328; [2002]254ITR447(Delhi)

answered the question in favor of the Revenue but we find that Section 34(3)(a), as amended by the Finance Act, 1990, has some relevance to the issue, more particularly in view of the fact that the expression 'relevant previous

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

Court : Chennai

Subject : Direct Taxation

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

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 … been withdrawn and, therefore, the total income will become positive taxable income. In these circumstances the deduction under section 80HHC and the disallowance of guest house expenses become important for the petitioner because otherwise there will be … he pointed out that the assessee was having a sum of Rs. 38,762 to be the profit before taxation during the year and, therefore, he

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

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)

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

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 … Section 260A of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') against the order dated October 31, 2002, passed by the Income-tax Appellate Tribunal in I. T. A. No. 561/Bang/ 1995.3. The appeal has been

income Tax Officer Vs. Bothra International and ors.

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Subject : Direct Taxation

as well as CBDT have taken into account the insertion of Clause (iiib) in Section 28 by the Finance Act, 1990. Further, it is also relevant to note that by the same Finance Act Clause (iiib) was inserted into … or things.2. The first common ground relates to deletion of the trading addition of Rs. 5,00,000 and Rs. 3,00,000 made by the AO in asst. yrs. 2004-05 and 2005-06 respectively, on account of low GP rate by