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D.L.F. United Ltd. Vs. Commissioner of Income-tax

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(1), (1A) and (14), 28, 40 and 64

Reported in : (1995)129CTR(Del)33; [1996]217ITR333(Delhi)

CIT v. P. Doraiswamy Chetty : [1990]183ITR559(SC) , where the Supreme Court was considering Explanationn 2 added to section 64 by the Finance Act, 1979, with effect from April 1, 1980, according to which the expression 'income' in … of the Explanationn to the definition of agricultural income in section 2(1A) of the Income-tax Act by the Finance Act, 1989, with retrospective effect from April 1, 1970, makes a difference to the approach to the answer to

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

Court : Patna

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 … answered by this court in the case of Md. Parwez Ahmed v. Union of India [1994] 2 PLJR 64, where it was said that 'purchase price' in the case of retailers of country liquor under the Bihar

indo NissIn Foods Ltd. Vs. Union of India

Court : Karnataka

Subject : Customs

Acts : Central Excise Tariff Act, 1985; Customs Act - Sections 25 and 27

Reported in : 1993(43)ECC174; 1993LC48(Karnataka); 1993(68)ELT292(Kar); ILR1993KAR1548

inapplicable to the levy of auxiliary duty levied under Finance Act, 1990, having regard to the language of Section 64 of the Finance Act, 1990. 5. Three questions arise for our consideration in the wirt petition. They are: … 11-11-1988, and 65/89 dated 1-3- 1989. These notifications were issued under Section 25 of the Act. Under the Finance Act, 1990 an auxiliary duty of customs at the rate of 50% was levied. This was reduced to 5% under

Motisagar Estate (P.) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Pune

Subject : Direct Taxation

Reported in : (1993)47ITD72(Pune.)

of Section 43B. The Patna High Court held that the first proviso to Section 43B inserted by the Finance Act, 1987 was enacted in order to suppress the mischief and for the purpose of giving relief to an … years 1988-89,1989-90 in respect of Talera group of cases and assessment year 1990-91 in respect of Rajkamal Constructions and assessment years 1989-90 and 1990-91 in … share but also the share of his wife in the loss of the firm. Explanation 2 inserted in Section 64(2) of the Income-tax Act, 1961 with effect from 1-4-1980 though not retrospective in its operation, serves as a

M.A.C. Khaleeli Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Land Acquisition

Reported in : (1994)48ITD191(Mad.)

the deduction under Section 54F if the conditions therein are fulfilled.5. That section had been inserted by the Finance Act, 1982 with a view to encouraging house construction. It provides that if the assessee has purchased or constructed … Construction cost 1,22,11,440.00 2,12,05,870.00 Surplus 24,94,375.00 Assessment year Assessment year Total 1989-90 1990-91 31-3-1989 31-3-1990 Rs. P. Rs. P. Rs. P. Mr MA.C. K 71.97% … Assessing Officer added the amount attributable to the assessee's wife to the total income of the assessee under Section 64(1)(iu) of the Income-tax Act, 1961 for the assessment year 1989-90. This was confirmed on appeal. In computing the

Rakesh Gupta Vs. Income Tax Officer [Alongwith Ita

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2005)95TTJ(Delhi)1100

order to appreciate his contention, it would be appropriate to refer to the salient features of the scheme. Section 64 of the Finance Act, 1997, provides the circumstances when a declaration can be made--(a) where an assessee has … Briefly stated, the facts are these : The Parliament introduced a scheme--Voluntary Disclosure of Income Scheme (VDIS) by Finance Act, 1997. The scheme is contained in Sections 62 to 78 of this Act. Both the assessees made disclosures … disclosing nil income for the years under consideration except for asst. yr. 1990-91 for which no return was filed as according to the assessee, no

All Kerala Chartered Accountants Association Vs. Union of India (Uoi)

Court : Kerala

Subject : Service TaxConstitution

Acts : Finance Act, 1994; Finance (Amendment) Act, 1998; Constitution of India - Articles 14, 19, 19(1), 246, 246(1) and 248

Reported in : (2002)176CTR(Ker)268; [2002]258ITR679(Ker)

which impugns the service tax levied on its members by reason of Sections 64 to 96 of the Finance Act, 1994, (32 of 1994), as … under Article 226 of the Constitution of India impugns the constitutional validity of Service Tax levied under the Finance Act, 1998 (2 of 1998) on taxable service rendered by practising Chartered Accountants.2. The petitioner is an Association of … 1998).Background of the levy : As an off-shot of the recommendations of the Dr. Raja Chelliah Committee in 1990, for the first time, in the Union Budget for 1994-95, a levy of service tax on service relating

Jai Pal Sharma Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

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). … being charged to tax without bringing corresponding insertion thereof to the provision of section 2(24).Attention was invited to section 64 of the Act which provides inclusion of income of spouse, minor child in the income of individual. The

Sterlite Industries (India) Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2006)102TTJ(Mum.)53

a straight line method of depreciation. He further pointed out that proviso appended in Section 115JA by the Finance Act, 1997, was not available in asst. yr. 1989-90 vide which depreciation has to be calculated on the same … addition. He further submitted that in ITA Nos. 3692 and 3857/Bom/1994 in assessee's own case in asst. yr. 1990-91 such addition was deleted and the issue has been decided in favour of the assessee.Learned Departmental Representative on … WDV method. In the accounts thus prepared, a net loss of Rs. 64,58,711 was declared.This P&L a/c was duly prepared in accordance with the provisions

Association Of Old Settlers Of Sikkim Vs. Union Of India

Court : Supreme Court of India

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 … 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 … “Sikkim Subject” in the register maintained under the Sikkim Subjects Regulations, 1961. 64.6 By way of the Constitution 36th Amendment Act 1975, Sikkim was made