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Jul 11 2005

Commissioner of Income Tax Vs. Zam Zam Tanners

Court : Allahabad

Decided on : Jul-11-2005

Subject : Direct Taxation

Acts : Income Tax Act, 1961- Sections 2(24), 17, 28, 41, 44, 45, 59, 80HHC, 139(1), 139(3), 143(1A), 143, 144, 147, 160(1), 256(2), 271, 271(1) and 280D; ;Taxation Laws (Amendment) Act, 1975; ;Finance Act, 2002 - Sections 271(1); ;Finance Act, 1993 - Sections 143(1A); ;Constitution of India - Article 141

Reported in : (2005)197CTR(All)221; [2005]279ITR197(All)

have been concealed or inaccurate particulars have been furnished.'Section 271(1)(c) of the Act has been further amended by Finance Act, 2002, by which Clause (iii) and Expln. 4 has been modified. After the amendment section reads as follows … Haryana High Court in the case of CIT v. Varindra & Co., which related to the asst. yr. 1990-91 followed the earlier decision in the case of CIT v. Prithipal Singh & Co. (supra) and has further … Clauses (ii) and (iii) of Section 28 or Section 41 or Section 59;(va) the value of any benefit or perquisite taxable under Clause (iv) of

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Feb 23 1995

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

Court : Patna

Decided on : Feb-23-1995

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 correct valuation of securities for the purpose of estate duty to be 'information' within the meaning of Section 59 of the Estate Duty Act, 1953, on the basis of which the Controller of Estate Duty was held … 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,

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Feb 18 2000

Reckitt and Colman of India Ltd. Vs. Deputy Commissioner of Income Tax

Court : Kolkata

Decided on : Feb-18-2000

Subject : Direct Taxation

Reported in : [2000]77ITD198(Cal)

definition of 'total turnover' as provided in section 80HHC itself. It may be mentioned in this connection that Finance Act, 1990 introduced clause (bb) to the Explanation to section 80HHC with effect from 1-4-1991 in accordance with which, for

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Apr 20 1999

Jai Pal Sharma Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Apr-20-1999

Subject : Direct Taxation

Reported in : (2000)72ITD485(Delhi)

of 'income' had been made even retrospectively as in the case of duty drawback, cash assistance etc.as per Finance Act, 1990 by which definition of income was widened by adding sub-clauses V (a) to V (d) of sub-section 2(24). … in Chapter IV containing the sections dealing with the computation of income as is the case of sections 59 and 41 nor incorporated in the scope of income under section 2(24). On the basis of above, the

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Jan 13 2023

Association Of Old Settlers Of Sikkim Vs. Union Of India

Court : Supreme Court of India

Decided on : Jan-13-2023

Subject : MRTP

the year 1989 and w.e.f. 26.07.1989, the Indian Income Tax Act, 1961 was extended to Sikkim by the Finance Act, 1989. Under the said amendment, any law corresponding to the Income Tax Act, 1961, which was in force … the Register of Sikkim Subjects by virtue of the Government of India Order No.26030/36/90-I.C.I., dated the 7th August, 1990 and Order of even number dated the 8th April, 1991; or (iii) any other individual, whose name does … was accordingly passed on 26th March, 2011.16. Thereafter, Writ Petition (Civil) No 59 of 2013 was filed before this Court and this Court was pleased … have prayed for an appropriate writ, direction or order 1 striking down Section 10(26AAA) of the Income Tax Act, 1961 (hereinafter referred to as the

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Sep 30 2009

The Commissioner of Income Tax and Vs. Brindavan Beverages Ltd.

Court : Karnataka

Decided on : Sep-30-2009

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(14), 2(19AA), 2(42C), 41[2], 45, 48, 50B, 80IA(4), 80IB(4), 80IB(5), 80HHC, 80HHC(3), 80HHC(3A), 80HHC(4), 80HHC(4A), 115A, 115B, 115BB, 115C, 115J, 115JA, 115JA[1], 115JA[2], 115JA[4], 115JB, 143(2), 161[1A], 164, 164A, 207, 208, 209, 209[1], 210, 211, 215, 234, 234A, 234B, 234C, 234G, 254(2) and 260A; Finance [No. 2] Act, 1996; Finance Act, 1997; Finance Act, 1998; Finance Act, 1999; Finance Act, 2000 - Sections 2; Companies Act, 1956 - Sections 210; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(1) and 17(1); Constitution of India - Article 141

Reported in : (2010)228CTR(Kar)1; [2010]186TAXMAN233(Kar)

in reference to the provisions of Section 115JA of the Act is conspicuously absent in Part-III of the Finance Act providing for computing advance tax though mention is made of Sections 115A, 115B, 115BB, 115C of the Act … not have directed the assessing officer to compute the capital gain of the assessee for the assessment year 1990-2000 even after taking the view that the transaction of transfer of the bottling unit of the assessee is … is only to augment the revenue to the State.Re: ITA Nos. 320, 597 & 325 of 2004.41. The above three appeals arise out of the

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Sep 08 1992

Nagpur Alloys Castings Ltd. Vs. Dy. Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Nagpur

Decided on : Sep-08-1992

Subject : Direct Taxation

Reported in : (1992)43ITD659(Nag.)

if any brought forward from earlier year is set off under Section 72 (vide amendment made by the Finance Act, 1987). It is notable that such deduction is not to be allowqd to any partners, or members, or … as the case was selected for scrutiny, a notice under Section 143(2) was issued.7. For the assessment year 1990-91, a return showing an income of Rs. 1,58,93,980 was filed on 26-12-1990.8. After hearing the speech of the

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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 … by the Apex Court in Asst. CIT v. J.K. Synthetics Ltd. [2001] 251 ITR 200 : 116 Taxman 598...Apex Court reversed the decision of the Delhi High Court in J.K. Synthetics Ltd. v. Asstt. CIT [1993] 200

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Feb 05 1999

Salem Chit Funds and Financiers Association Represented by Its Secreta ...

Court : Chennai

Decided on : Feb-05-1999

Subject : Commercial

Acts : Partnership Act, 1932 -- Sections 56, 57, 58, 59, 60 (1), 61, 62, 63, 71 (2) -- Tamil Nadu Partnership (Registration of Firms) Rules, 1932, Rule 3A

Reported in : 1999(1)CTC373; (1999)IIMLJ46

of Tamil Nadu issued the impugned notification in G.O.Ms.No.747 dated 2.12.1990 amending the Tamil Nadu Partnership (Regulation of finance) Rules, 1932. As per the rule firms have to file with the registrar a declaration in form II … filing any declaration form by a registered firm, for its continuance after the registration of such firm under section 59 of the act. Under section 61, the firm has to send intimation to the registrar only in cases

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Jul 06 2011

Scottish Widows plc (Appellant) Vs. Commissioners for Her Majesty's Re ...

Court : UK Supreme Court

Decided on : Jul-06-2011

Subject : MRTP

(but more complex) provisions in section 82 of FA 1989. Section 444A, inserted into ICTA 1988 by the Finance Act 1990, applies to a transfer of long-term business in accordance with a scheme sanctioned under section 49 of ICA … is helpful to look back into the legislative history. Lord Wilberforce said in Farrell v Alexander [1977] AC 59, 73 that self-contained statutes, whether consolidating previous law or so doing with amendments, should be interpreted, if reasonably

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