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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 … March 16, 1993, adopting the correct figure of depreciation of Rs. 10,79,912 and making certain disallowances under rule 6D of the Income-tax Rules and the unpaid interest to the Kerala Financial Corporation thus determining the total loss

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

Shree Jagannath Packers and ors. Vs. State of Orissa and ors.

Court : Orissa

Subject : CivilSales Tax

Acts : Orissa Sales Tax Act, 1947 - Sections 6, 7 and 12; Central Sales Tax Act, 1956 - Sections 8(5) and 13(3); State Financial Corporation Act, 1951 - Sections 29; Orissa General Clauses Act, 1937 - Sections 22; Punjab General Clauses Act, 1898 - Sections 19; Bihar Finance Act - Sections 7; Customs Act, 1962 - Sections 25 and 25(1); Electricity Supply Act - Sections 49; Rajasthan Sales Tax Act, 1954 - Sections 4(2); East Punjab Public Safety Act - Sections 20 and 36(1); General Clauses Act, 1897 - Sections 21; Central Sales Tax (Deferment of Payment of Taxes) Orissa Rules, 1990; Constitution of India - Articles 14, 154(1), 154(2), 161, 162 and 166(3)

Reported in : [2005]141STC26(Orissa)

of commercial production to new small-scale industries. Accordingly, Notification No. 27662-CTA-560/90-F dated August 16, 1990 was issued under Section 6 of the Orissa Sales Tax Act, 1947 providing such exemption for a period of seven years from the … that a notification issued by the State Government in exercise of powers under Section 7 of the Bihar Finance Act to the extent it is repugnant to the Industrial Policy Resolution of the Government of Bihar is bad.

Commissioner of Income Tax Vs. Raman Iron Foundry and Steel Rolling Mi ...

Court : Allahabad

Subject : Direct Taxation

Reported in : [2007]291ITR434(All)

of the respondent assessee.6. In view of the retrospective amendment in Section 28 of the Act by the Finance Act, 1990, with retrospective effect from April 1,1967, under Clause (iiib) the cash assistance received or receivable by any person

Priyanka Overseas Ltd. Vs. Dy. Cit

Court : Delhi

Subject : Direct Taxation

Reported in : [2001]79ITD353(Delhi)

Union of India (1992) 194 ITR 71 . Subsequently, the law was amended with retrospective effect by the Finance Act, 1990 and as such the receipts became taxable. Accordingly, the income was enhanced by the assessing officer and interest … the order of Commissioner (Appeals) confirming the action of the assessing officer in regard to interest levied under sections 234B and 234C.2. Brief facts of the case are that assessed deposited tax of Rs. 53,40,334 arrived at … arrived at an income of Rs. 84,76,720 as per law existing on 6-11-1989. The assessed claimed cash assistance received against the export as capital receipt,

Vipul Dye Chem Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2003)86ITD851(Mum.)

minimum alternative tax. The learned counsel referred to the Circular No. 495 dt. 22nd Sept., 1987, explaining the Finance Act, 1987. According to the learned counsel, this circular also refers to book profits on which minimum tax is … under Section 80HHC is available. The learned counsel also took us through Circular No. 559 dt. 4th May, 1990, pertaining to the Explanation of the provisions of amended section w.e.f. 1st April, 1989. He specially referred to … cost of 10 per cent of export incentives [compilation p. 14, para 6(iii)J. Thus, according to the learned counsel, the deduction allowed under Section 80HHC

Shiv Kumar Poddar Vs. Commissioner of Income Tax and anr.

Court : Kolkata

Subject : Criminal

Acts : Income Tax Act, 1961 - Sections 271D, 276DD, 269SS, 278B and 278DD; ;Direct Taxes Laws (Amendment) Act, 1987 - Section 269SS; ;Finance Act, 1990; ;General Clauses Act - Section 6; ;Code of Criminal Procedure (CrPC) , 1973 - Section 482

Reported in : 2008(4)CHN926

the Id. Advocate for the petitioner that a new section being Section 27ID came into force by the Finance Act, 1990 with effect from 1st April, 1990 whereby the penalty for failure to comply with the provisions of Section … consistent with what has been stated by this Court in the two decisions aforesaid and the principle underlying Section 6 of the General Clauses Act as saving the right to initiate proceedings for liabilities incurred during the currency

Commissioner of Income Tax Vs. Sidral Food (P) Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32A, 32A(1), 32A(2), 32A(4) and 256(1); Finance Act, 1990; Companies Act, 1956

Reported in : (2006)200CTR(Guj)135; [2006]282ITR563(Guj)

Circular No. 305, dt. 12th June, 1981, as well as amendment to Section 32A(4)(ii) of the Act by Finance Act, 1990, with retrospective effect from 1st April, 1976. The Tribunal, therefore, granted investment allowance to the assessee.5. Mr. T.U. … under Section 4(3) - Held, It need not contain allegation of contravention of provisions of Section 5 or Section 6. Burden to prove that there was contravention of provisions of Section 5 or 6 does not lie upon

Mentha and Allied Products Pvt. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1992)43ITD33(Delhi)

to press this application probably because of the retrospective amendment of the Income tax Act, 1961, by the Finance Act, 1990, with the result that such amounts have specifically been included in the definition of income in Section 2(24} … relief under Sections 80HHA and 80-I of the Income-tax Act, 1961. In the Revenue's appeal, in ground No. 6, a grievance is made of the order passed by the Commissioner of Income tax (Appeals) directing the Assessing

M/S Fibre Boards (P) Ltd Bangaloare Vs. Cit Bangalore.

Court : Supreme Court of India

Subject : Land Acquisition

the new scheme contained in Section 54G. It is true that Section 280Y(d) was only omitted by the Finance Act, 1990 and was not omitted together with Section 280ZA. However, we agree with learned counsel for the appellant that … Tulloch and Co., (1964) 4 SCR461 this Court considered the question as to whether the expression “repeal” in Section 6 of the General Clauses Act would be of sufficient amplitude to cover cases of implied repeal. This Court