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

Court : Chennai

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 … Interest u/s 234B is levied, if advance tax payment is less than 90% of the assessed tax. There are two aspects, for this shortfall: (a)

Keller Vs. State Bar of California

Court : US Supreme Court

Subject : Education

(1990) Keller v. State Bar of California No. 88-1905 Argued Feb. 27, 1990 Decided June 4, 1990 496 U.S. 1 CERTIORARI TO THE SUPREME COURT … profession or improving the quality of legal services. Pp. 496 U. S. 9 -17. (a) The State Supreme Court's determination that the State Bar is … causes that are unrelated to collective bargaining activities -- the court held that the Bar's activities could be financed from mandatory dues only if a particular action served a state interest important enough to overcome the interference … engage in educational programs. Petitioners, State Bar members, brought suit in state court claiming that, through these latter activities, the Bar expends mandatory dues payments to advance political and ideological causes to which they do not subscribe,

Commissioner of Income Tax, Bhopal Vs. Hindustan Elector Graphites Ltd ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 139, 141A, 142, 143(1), 148, 156, 234, 271(1) and 256; Finance Act, 1990 - Sections 28; Madhya Pradesh General Sales Tax Act, 1958 - Sections 43; Central Sales Tax, 1956 - Sections 9

Reported in : JT2000(3)SC499; 2000(2)SCALE519; (2000)3SCC595; [2000]2SCR506

way of cash assistance. Since Clause (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 December … with a penalty in view of Section 43 of the Madhya Pradesh General Sales Tax Act, 1958 and Section 9 of the Central Sales Tax, 1956 on the ground that it had furnished false return by not including

Sandeep Atmaram Parwal Vs. the State of Maharashtra and Others

Court : Mumbai

Subject : Criminal

Acts : Constitution of India - Article 22(5); Conservation of Foreign Exchange and prevention of Smuggling Activities Act, 1974 - Sections 3, 3(1), 3(2), 9, 9(1), 9(2) and 11

Reported in : 1996(4)BomCR451; 1997CriLJ111

1995, was also made by Mr. N. N. Mookerjee, Additional Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi in his capacity as an officer specially empowered in that behalf by the … perusal of the decision of the Supreme Court in Jagprit Singh JT 1990 (3) (SC) 293, (supra), the Division Bench was of the prima facie … Act') : (1) Whether the detenu has a constitutional right to make a representation against the declaration under Section 9(1) of the COFEPOSA Act made by the officer specially empowered by the central Government (2) In a case

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

Court : Karnataka

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 … entitled for 30% solatium in addition to market value. Indeed it would carry interest at the rate of 9% as contemplated under Section 34 of the Act. Another provision which would relate to the payment of additional

Commissioner of Income-tax Vs. K. Rajendranathan Nair,

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80HHC, 80HHC(1) and 80HHC(3); Customs Act, 1962 - Sections 28; Sales Tax Act; Kerala General Sales Tax Act - Sections 2

Reported in : (2004)187CTR(Ker)201; [2004]265ITR35(Ker)

is given with regard to the operation of Section 80HHC read with Section 28 as amended by the Finance Act, 1990. It categorises four types of transactions. Code I--Exclusively export business, Code II 2/3 export, 1/3 domestic sale. Code … merchandise.20. In fact a question arose before the Division Bench of this court in I. T. A. No. 98 of 1999 (CIT v. T.C. Usha : [2003]264ITR368(Ker) ) where an assessee, who is engaged in the business

Hindalco Industries Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

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,

Prime Securities Ltd. Vs. Varinder Mehta, Assistant Commissioner of In ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 47, 47A, 139(9), 140, 143(1), 143(1A), 143(2), 154, 155, 155(7B) and 292B; Taxation Laws (Amendment) Act, 1975; Bengal Agricultural Income Tax Act, 1944; Finance Act, 1990

Reported in : (2009)226CTR(Bom)247; [2009]317ITR27(Bom); [2009]182TAXMAN221(Bom)

the company would still have suffered a loss in the year. Subsequent to the company submit-tingits return, the Finance Act, 1990, was enacted and Section 28 of the Act were amended with effect from 1-4-1967, making cash compensatory support … came down from 100 per cent to 43 per cent of the petitioner's share capital.2. By letter of 9-10-1992 respondent No. 1 informed the petitioner that the return it filed on 31-12-1991 was invalid inasmuch as the

Ashirvad Enterprises Vs. the State of Bihar and anr.

Court : Patna

Subject : Sales Tax

C.J.1. The petitioner firm is a small scale industrial unit. It is a registered dealer under the Bihar Finance Act, 1981, and under the Central Sales Tax Act, 1956. In this writ application, the petitioner assails Annexure '5', … conditions of S.O. 123.5. We heard counsel. S. O. No. 123 dated 5-3-1990 is as follows:The 5th March, 1990S.O. 123-In exercise of the powers conferred by Section 22 of the Bihar Finance Act, 1981 (Bihar Act No. … by the second respondent-Deputy Commissioner of Commercial Taxes, Special Circle, Patna, dated 9-6-1991. By the said order, the second respondent has declined the prayer of

Vinod Rathore Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 44AC, 206C, 206C(1), 206C(3), 206C(5A), 206C(5B), 206(6), 206C(7), 206C(9) and 206C(11); Andhra Pradesh General Sales Tax Act; Finance Act, 1990

Reported in : (2005)195CTR(MP)210; [2005]278ITR122(MP)

of the IT Act, 1961, was being understood in different ways. In order to clarify this point, the Finance Act, 1990, has amended the said section to provide that the purchase price would mean any amount (by whatever name