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Feb 11 1999

Bharat Conductors Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Karnataka

Decided on : Feb-11-1999

Subject : Direct Taxation

Acts : Finance Act, 1990 - Sections 28; Income Tax Act, 1961 - Sections 139(8) and 217

Reported in : [1999]238ITR89(KAR); [1999]238ITR89(Karn)

is in respect of the premium received on sale of import entitlement which by retrospective amendment by the Finance Act, 1990, was made liable to tax. There was another addition on account of retrospective amendment of Section 43B. The

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Jan 04 2008

Velan Textiles Pvt. Ltd. Vs. Deputy Commissioner of Income-tax (Assess ...

Court : Karnataka

Decided on : Jan-04-2008

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 260A; Finance Act, 1990 - Sections 145(1), 145(2), 32A(3) and 32A(4)

Reported in : [2009]312ITR56(KAR); [2009]312ITR56(Karn)

question of law.7. We have accordingly heard the learned Counsel for the parties and perused the record.8. The Finance Act, 1990, had amended Section 32A(4)(ii) of the Act retrospectively from April 1, 1976. It provides that the investment allowance

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Aug 04 2016

M/s. MRF Ltd., Vs. The Deputy Commissioner of Income-Tax,

Court : Chennai

Decided on : Aug-04-2016

Subject : Direct Taxation

the receipt of cash assistance as capital receipts, which was subsequently amended to be business receipt by the Finance Act, 1990, it was held that in such cases interest under Sections 234B and 234C was not chargeable. In these … (Prayer: Civil Miscellaneous Appeal is filed under Section 260A of Income Tax Act, 1961, against the common order in ITA.No.1377/Mds/2010, dated 06.11.2015 on the file of … of Rs.947,146 was disallowed. (2) Amount of Rs.1,92,63,136 was disallowed u/s.14A r/w.Rule 8D as the expenditure incurred for earning income exempt under the Act and

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Dec 17 1998

industrial Cables (India) Ltd. Vs. Commissioner of Income Tax

Court : Punjab and Haryana

Decided on : Dec-17-1998

Subject : Direct Taxation

Reported in : (1999)156CTR(P& H)185

against the assessee, in view of s. 2(24)(va) and s. 28(iiia) of the Act as inserted by the Finance Act, 1990, with effect from 1st April, 1962. By retrospective amendment, such income has been made exigible to tax. Head … the claim of the assessee for deductions of Rs. 2,38,482, Rs. 1,19,199, Rs. 1,83,489 and Rs. 2,89,625 under section 35B(1)(b)(viii) of the Income Tax Act. 1961, for the asst. yrs. 1975-76, 1976-77, 1977-78 and 1978-79, respectively, on

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Sep 14 2004

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

Court : Orissa

Decided on : Sep-14-2004

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)

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. … to time and by the impugned Notification S.R.O. No. 625 of 1999 dated 30th July, 1999 issued under Section 8(5) of the Central Sales Tax Act the State Government rescinded the notification dated 12th November, 1990 as amended

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Dec 19 2001

Capt. A.L. Fernandes Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Dec-19-2001

Subject : Direct Taxation

Reported in : (2002)81ITD203(Mum.)

tax in India. 2. After the amendment made in Section 6 of the IT Act, 1961 by the Finance Act, 1990 w.e.f. 1st April, 1990, an Indian citizen who is a member of the crew of an Indian ship … Flag" case of National Maritime Union and McCulloch v. Sociedad National de Marineros de Honduras, 372 U.S. 937, 83 Sup.Ct. 877. 9 L.Ed. 2d 767 (1963), the Supreme Court of the United States, upheld the 4000 year

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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 … entitled to weighted deduction under Section 35B on amount of Rs. 1,93,262/- falling under the head Export Promotion? 8. Whether the Tribunal was right in holding that the assessed was entitled the weighted deduction under Section 35B

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Nov 25 2003

Hindalco Industries Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Nov-25-2003

Subject : Direct Taxation

Reported in : (2004)85TTJ(Mum.)71

that it never intended to exclude Clause (vi) and (vii) from the purview of Section 9(1)(i), by the Finance Act, 1976 w.e.f. 1st July, 1976.7. Learned counsel submitted that business includes rendering technical services and, therefore, if no … 79,500. The company remitted the said consideration in three equal instalments of US $ 26,500 on 30th July, 1990, 3rd Dec., 1993 and 24th Feb., 1994, respectively. After a lapse of about one and a half year, … yr. 1973-74. It claimed deductions thereon under and as provided by Section 80T of the IT Act. The ITO, however, adopted a different method. He

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Mar 06 1995

State Vs. Bharat Chandra Roul

Court : Orissa

Decided on : Mar-06-1995

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 13, 13(1), 13(2) and 19(3); Orissa Special Courts Act, 1990 - Sections 8(3); Prevention of Corruption Act, 1939 - Sections 5(1); Evidence Act, 1872 - Sections 91 and 106; Prevention of Corruption (Amendment) Act, 1947; Income Tax Act, 1961 - Sections 60, 68 and 269; Registration Act, 1908 - Sections 17, 17(1), 31 and 49; Finance (No. 2) Act, 1965 - Sections 24(2) and 24(3); Transfer of Property Act, 1882 - Sections 51(1); Stamp Act, 1899 - Sections 29 and 29(2); Estate Duty Act, 1953 - Sections 8, 9 and 9(2); Probation of Offenders Act, 1958; Code of Criminal Procedure (CrPC) , 1973 - Sections 162 and 313; Orissa Government Servants' Conduct Rules, 1959 - Rule 21; Constitution of India

Reported in : 1995CriLJ2417

some undisclosed source. A question arose as to whether a voluntary disclosure under Section 24 (2) of the Finance (No. 2) Act, 1965, had to relate to income actually earned by the declarant. That section granted immunity … of offence punishable under Section 13(2) of the Act read with Section 8(3), of the Orissa Special Courts Act, 1990 (in short, the 'Special Act').2. Section 13, deals with various situations when a public servant can be said

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Dec 16 2002

Hindustan Lever Ltd. and anr. Vs. State of Bihar and ors.

Court : Patna

Decided on : Dec-16-2002

Subject : Sales Tax

Acts : Constitution of India; Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1993 - Sections 2 and 3; Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein (Amendment) Act, 2001; Bihar Finance Act, 1981 - Sections 12(1); Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Rules, 1993 - Rule 7

and Rs. 2,020 has been added as penalty under Section 16(8) of the Bihar Finance Act, read with Section 8 of the Act. Thus, the total liability of the entry tax determined against the petitioners including the penalty … Act, 1993 (hereinafter referred to as 'the Act'), read with the provisions of Section 17(2) of the Bihar Finance Act, 1981.2. The period for which the liability has been determined under the Act is October 15, 1998 to

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