Advanced Search Results

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. … levy of additional tax. This interpretation will be advancing the cause of justice.'3. We have heard Shri R. L. Jain for the revenue, and Shri G. M. Chaphekar, senior advocate, for the assessee. In fairness to Shri

Commissioner of Income-tax Vs. Sharda Gum and Chemicals

Court : Rajasthan

Subject : Direct Taxation

Reported in : (2007)209CTR(Raj)143; [2007]288ITR116(Raj)

made with retrospective effect from April 1, 1962, April 1, 1967, and April 1, 1972, respectively vide the Finance Act, 1990. Perhaps this necessitated the filing of a revised return by the assessee on May 1, 1990, of total … of such goods or merchandise. The limit of deduction was restricted to 50 per cent, of such profit.23. Sub-section (3) of the amended Section 80HHC … as under:Whether, on the facts and circumstances of the case, the Tribunal has correctly construed the provisions of Section 80HHC, in the matter of computing profits and gains of their business, in the context of the said

Gujarat Alkalies and Chemicals Ltd. Vs. Joint Commissioner of Income T ...

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

a view to provide incentive to exports. This section has thereafter been amended from time to time. The Finance Act, 1990, introduced Sub-section (3) to Section 80HHC which provides that profits derived from export of goods shall be an … price is expressed as X plus purchase tax.' Reliance was also placed upon the Mowing observation of Goddard L.J. in Love v. Norman Wright (Builders) Ltd. : 'Where an article is taxed, whether by purchase tax, customs

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' … of the month.(b) The FRANCHISEE will keep an interest-free deposit of Rs. 50/- per subscriber with the NETWORK.(c) The price mentioned in (a) above is

Sri Madhusudan Mills Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Land Acquisition

Reported in : (1993)LC218Tri(Delhi)

from time to time by the provisions of the respective Finance Act. In this context, we refer to Section 50 of the Finance Act, 1982, which relates to levy of Special Duties of Excise during the Financial year … and 49, ibid, with retrospective effect vide Notification No. GSR-74(E) dated 20-2-1982 read with Section 51 of the Finance Act, 1982. These amendments make it clear beyond doubt that duty is leviable on the goods consumed or utilised … on 14-9-1990 before the same Bench. In the meantime, on 13th August, 1990, Shri Gopal Prasad, Counsel for the appellants filed an application enclosing therewith

Assistant Commissioner of Income Vs. Apsara Processors (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2005)92TTJ(Ahd.)645

is loss having regard to the amendment made by the Taxation Laws (Amendment) Act, 1975, and by the Finance Act, 2002 ?" 2. The facts which are common in all the cases are that all the assessees have … 263 ITR 658 (SC) affirming its earlier stand in the case of Supreme Court Employees' Welfare Association AIR 1990 SC 334, that a summary dismissal without laying down any law, is not a declaration of law. (iii) … the consideration of Special Bench : "Whether penalty can be levied Under Section 271(1)(c) in cases where the assessed income is loss having regard to

Md. Musa Kazmi Vs. State of Bihar and ors.

Court : Patna

Subject : Service

of Finance Officer of Intermediate Council - Is 62 years and not 50 years--Because Council has not framed any Service conditions, Section 67 of Universities … Jha, J.1. The controversy in this writ petition relates to the age of superannuation of the petitioner as Finance Officer of the Bihar Intermediate Council (called 'the Intermediate Council', in short). The background in which the controversy … now, is the amended provision. Prior to the amendment by Section 21 of the Bihar State Universities (Amendment) Act, 1990 (Bihar Act 3 of 1990), the relevant part of Clause (a) of Section 67 was in these terms:save

Abdulgafar A. Nadiadwala Vs. Assistant Commissioner of Income Tax and ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80HHC, 80HHC(4A), 80HHF, 80HHF(1), 80HHF(3) and 80HHF(5); Constitution of India (Forty-sixth Amendment) Act, 1982; Sales Tax Laws; Income Tax Rules - Rule 9A, 9A(7), 9B and 9B(6)

Reported in : (2004)188CTR(Bom)232; [2004]267ITR488(Bom)

asst yr 1989-90, the details of which are not necessary for the purposes of this appeal17. By the Finance Act, 1990, Section 80HHC again came to be amended for and from the asst yr 1991-92 which further came to be … or merchandise, declared in the shipping bill or bill of export as referred to in Sub-section (1) of Section 50 of the Customs Act, 1962 (52 of 1962), shall, for the purposes of this section, be deemed to

Eureka Forbes Ltd. Vs. State of Bihar and ors.

Court : Patna

Subject : Sales Tax

Acts : Bihar Finance Act, 1981 - Sections 17(2) and 19(1); Constitution of India - Articles 226 and 227

by the respondent-Deputy Commissioner of Commercial Taxes, Jamshedpur, under Section 19(1) read with Section 17(2) of the Bihar Finance Act, 1981 (annexure 1 series in respective writ petitions) ; orders of reassessment (annexure 2 series of respective writ … the same petitioner relating to the assessment of sales tax for different periods, i.e., 1987-88, 1988-89, 1989-90 and 1990-91. Thereby they are disposed of by common orders.2. Eureka Forbes Ltd., petitioner, a limited company having its office … have been confirmed by the revisional authority.6. Counsel for the petitioner, Mr. L.N. Rastogi, Senior Advocate, has challenged the reassessment and thereby the impugned orders

Techno Pack Ltd. Vs. Assistant Collector of Central Excise

Court : Andhra Pradesh

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 3, 11, 11A, 11B and 11C

Reported in : 1991(1)ALT542; 1991(33)ECC130; 1991(55)ELT158(AP)

(1) of Section 49 (1) of the Finance Act, 1981 (16 of 1981); and (e) Sub-Section (1) of Section 50 of the Finance Act, 1982 (14 of 1982). on such polyethylene films shall not be required to be … Act, and the special duties of excise leviable under - (a) Sub-Section (1) of Section 37 of the Finance Act, 1978 (19 of 1978); (b) Sub-Section (1) of Section 32 of the Finance Act, 1979 (21 of 1979); … was preferred before the Central Excise (Control) Appellate Tribunal, Madras, in January, 1990. The learned Tribunal dismissed the appeal by order dated 25-6-1990, holding that