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Oct 03 1997

S.K.G. Sugar Ltd. and Shiv Shankar Chemical Industries Ltd. Vs. Commis ...

Court : Patna

Decided on : Oct-03-1997

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 44AC

sale as disclosed in the impugned letters is prior to March 31, 1991. The Explanation inserted by the Finance Act, 1990, to Section 44AC of the Act has been made effectivefrom April 1, 1991. Therefore, for the purposes of

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Jun 11 1992

Jeevanlal Narsi and Sons Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Decided on : Jun-11-1992

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. … in ITO v. AS.Reddy [IT Appeal No. 141 (Hyd.) of 1986 dated 31-10-1987]. In that order, the learned Tribunal held the following, as part of

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Sep 30 1997

Mafatlal Apparel Mfg. Co. Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Sep-30-1997

Subject : Direct Taxation

Reported in : (1998)65ITD234(Mum.)

return on 19th July, 1990 and proceeding on the basis of the retrospective amendment brought in by the Finance Act, 1990, added the CCS received to the income of the assessee and sent an intimation. As it was of … in the case of Gedore Tools (India) (P) Ltd. vs. IAC (1988) 31 TTJ (Del) (SB) 260 : (1988) 25 ITD 193 (Del) (SB).The return … figure lower than disclosed in the return. This is what is apparent from the bare reading of the section, be that reduction is the result of retrospective amendment or otherwise.8. The aforesaid interpretation, however, gives an absurd

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Sep 30 1997

Mafatlal Apparel Mfg. Co. Ltd. Vs. Deputy Commissioner of Income Tax.

Court : Mumbai

Decided on : Sep-30-1997

Subject : Direct Taxation

Reported in : (1998)61TTJ(Mumbai)323

return on 19th July, 1990 and proceeding on the basis of the retrospective amendment brought in by the Finance Act, 1990, added the CCS received to the income of the assessee and sent an intimation. As it was of … an Act on the assent given by the President of India on 31st May, 1990.5. The AO took up the return on 19th July, 1990 … figure lower than disclosed in the return. This is what is apparent from the bare reading of the section, be that reduction is the result of retrospective amendment or otherwise.8. The aforesaid interpretation, however, gives an absurd

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Feb 19 1999

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

Court : Delhi

Decided on : Feb-19-1999

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 … was framed on 30.3.1978. The assessed preferred appeal, which was decided by Commissioner of Income Tax (Appeals)-VIII on 31.1.1979. assessed as well as Revenue filed appeals before the Income Tax Appellate Tribunal against the said order of

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Aug 11 2014

M/s. Mascon Multiservices and Consultants Pvt. Ltd. Vs. Bharat Oman Re ...

Court : Mumbai

Decided on : Aug-11-2014

Subject : Land Acquisition

(2009) 8 SCC 520, Mussafar Shah Vs. MMTC 83 2000 Delhi LT 514 and Saurabh Kalani Vs. Tata Finance Ltd. 2003(3) Arb.LR 345 (Bom) (DB)) 201. Hence the petitioner must show special bias in this claim. The … date is made. The petitioner's case would not fall under that legislation. 12. The petitioner has relied upon Section 31(7)(a) of the Arbitration and Conciliation Act, 1996 (the Act) which runs thus: 31. Form and contents of arbitral

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Nov 24 2005

Kiran Corpn. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Nov-24-2005

Subject : Direct Taxation

Reported in : (2006)98ITD119(Ahd.)

before insertion of Clause (iiib) in Section 28 of the I.T. Act. Clause (iiib) was introduced by the Finance Act, 1990, retrospectively w.e.f. 1-4-1967 provided for treating cash assistance as business income under Section 28. On the basis of … the extent of 50 per cent of the commission. A copy of Tribunal's order is placed at pages 31 to 35 of the paper book. In the case of sister concern Vyas & Co. v. Asstt. CIT[1995]

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Nov 24 2005

Kiran Corporation Vs. the Asstt. C.i.T.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Nov-24-2005

Subject : Direct Taxation

Reported in : (2006)102TTJ(Ahd.)375

way of cash assistance. Since cl. (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 29th … provisions of Section 143(1) w.e.f.1.4.88 by the Finance Act, 1987 have been explained in Circular No. 549 dated 31.10.1989 of the CBDT as follows: 5.2 Requirement of passing an assessment order in all cases dispensed with (sub-section

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May 18 1994

Ashirvad Enterprises Vs. the State of Bihar and anr.

Court : Patna

Decided on : May-18-1994

Subject : Sales Tax

C.J.1. The petitioner firm is a small scale industrial unit. It is a registered dealer under the Bihar Finance Act, 1981, and under the Central Sales Tax Act, 1956. In this writ application, the petitioner assails Annexure '5', … conditions of S.O. 123.5. We heard counsel. S. O. No. 123 dated 5-3-1990 is as follows:The 5th March, 1990S.O. 123-In exercise of the powers conferred by Section 22 of the Bihar Finance Act, 1981 (Bihar Act No. … dealer on the purchase of raw materials. This was in force till 31-8-1991. Even before the expiry of the said notification, the State Government promulgated

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Aug 06 1991

Jana Jagruthi Samithi Vs. Union of India (Uoi)

Court : Karnataka

Decided on : Aug-06-1991

Subject : Constitution

Acts : Constitution of India - Article 226; Forest (Conservation) Act, 1990; Indian Electricity (Supply) Act, 1948 - Sections 29; Land Acquisition Act, 1894

Reported in : ILR1991KAR2939; 1991(2)KarLJ524

Power, Government of India.(f) Ministry of Environment, Government of India.(g) Ministry of Finance, Government of India.(h) Public Investment Board.(i) Cabinet Committee on Economic Affairs.The above … bad.Another important feature is that there was no application of mind to the applicability of the Forest (Conservation) Act, 1990. No Scheme was prepared for rehabilitation of large number of persons who will be dislodged from their habitat. … included in the 8th Plan. Besides, the Central Electricity Authority has also concurred in the Scheme as per Section 31 of the Indian Electricity Supply Act. To meet the power shortage, more power projects like the Mangalore Super

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