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Apr 21 2008

Commissioner of Income Tax Vs. Jugal Kishore Gupta

Court : Allahabad

Decided on : Apr-21-2008

Subject : Direct Taxation

Reported in : (2009)221CTR(All)352

on the ground that the proviso to Section 113 under which the surcharge was chargeable, was inserted by Finance Act, 2002 w.e.f. 1st June, 2002, therefore, the surcharge was not leviable for the block period 1st April, 1989 … asking the assessee to file the return of the undisclosed income for the period of the asst. yrs. 1990-91, 1991.-92, 1994-95, 1995-96 and 1996-97. The claim of the assessee was that the total income for the aforesaid

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Dec 13 2001

Gujarat Alkalies and Chemicals Ltd. Vs. Joint Commissioner of Income T ...

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Dec-13-2001

Subject : Direct Taxation

a view to provide incentive to exports. This section has thereafter been amended from time to time. The Finance Act, 1990, introduced Sub-section (3) to Section 80HHC which provides that profits derived from export of goods shall be an

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Feb 17 2003

Ranganatha Associates and ors. Vs. Union of India (Uoi) and ors.

Court : Karnataka

Decided on : Feb-17-2003

Subject : Direct Taxation

Acts : Finance Act, 1998 - Sections 90 and 96; Income Tax Act, 1961 - Sections 245

Reported in : (2003)180CTR(Kar)441

of 1998. Counsel strongly places reliance on a clarification on Kar Vivad Samadhan Scheme, 1998, regarding instructions under Section 96 of the Finance (No.2) Act, 1998 issued by the Department. Question No. 3 mentioned therein read as :'Where … as tax payable in terms of the Scheme as per Form 2A issued under Section 91 of the Finance Act. Admitted facts, however, reveal a factum of refund order in terms of Annexure-C, dt. 25th March, 1999, an … 31,11,623 under the Kar Vivad Samadhan Scheme, 1998, for the asst. yr. 1990-91. Other consequential prayers are also sought for by the petitioners.1.2. Facts in

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Apr 24 2006

Punjab State Industrial Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Decided on : Apr-24-2006

Subject : Direct Taxation

Reported in : (2007)292ITR268(Chd.)

gross amount of such dividends.15. It may be pertinent to mention that Section 80M was omitted by the Finance Act, 1997 (26 of 1997) w.e.f. 1st April, 1998 in consequence of insertion of Section 10(33) of the IT … dividend is included in the gross total income of the assessee. It was contended that for asst. yrs. 1990-91 to 1992-93 the Tribunal has taken a wrong view in holding that proportionate expenses debited to the P

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May 23 2012

Test Claimants in the Franked Investment Income Group Litigation Vs. C ...

Court : UK Supreme Court

Decided on : May-23-2012

Subject : Land Acquisition

such cases: para 260. It was not open to the Revenue to rely on section 320 of the Finance Act 2004 ("Section 320 FA 2004") or section 107 of the Finance Act 2007 ("Section 107 FA 2007") to … that the normal limitation period for restitution, under article 2946 of the Italian Civil Code, was ten years. 96. The principles of effectiveness, equivalence and legitimate expectation also apply if a national legislature enacts a measure to

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Sep 20 2002

Nb Jaffar Ali Khan Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Decided on : Sep-20-2002

Subject : Land Acquisition

Reported in : (2003)87ITD359(Hyd.)

estimate of the Valuation Officer.21.2 Rule 18 of Schedule-III to the Wealth-tax Act, before its substitution by the Finance Act, 1990, with effect from 1-4-1990 read as under:- (a) where the value declared by the assessee in the return … appeal i.e. No.194/Hyd./98 relating to Taqhia Begum for assessment year 1984-85 which involves reopening of the assessment under Section 17. Considering the common features involved in these appeals, these appeals are being disposed of by this common

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Jul 13 2000

Tips Cassettes and Record Co. Vs. Asstt. Cit

Court : Mumbai

Decided on : Jul-13-2000

Subject : Direct Taxation

Reported in : (2002)76TTJ(Mumbai)396

elaborate discussions on various aspects. It has been found that the provisions of section 35A were introduced by Finance Act, 1966, to allow deduction of expenditure incurred on acquisition of copyrights. Prior to this, the same was allowed … which section 35A is applicable. A similar view has been confirmed by the Commissioner (Appeals) for assessment years 1990-91 & 1991-92 by treating the expenditure as capital in nature. The assessee is before the Tribunal for the

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May 22 2001

United Phosphorus Ltd. Vs. Joint Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : May-22-2001

Subject : Direct Taxation

Reported in : (2002)81ITD553(Ahd.)

such export incentives are of revenue nature and hence taxable, and to end all judicial controversies thereabout, the Finance Act, 1990 has inserted in Section 28 of the Income-tax Act, 1961. - Clause (Hid) read with Section 2(24)(va) (w.r.e.f

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May 22 2001

United Phosphorus Limited Vs. Joint Cit

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : May-22-2001

Subject : Direct Taxation

Reported in : (2001)73TTJ(Ahd.)404

such export incentives are of revenue nature and hence taxable, and to end all judicial controversies thereabout, the Finance Act, 1990 has inserted in section 28 of the Income Tax Act, 1961.Clause (iiia) read with 2(24)(va) (with effect from

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Jan 23 2008

Fleming (T/a Bodycraft) (Respondent) Vs. Her Majestyand#8217;s Revenue ...

Court : House of Lords

Decided on : Jan-23-2008

Subject : Land Acquisition

time limit. 3. An amendment to section 80(4) of VATA 1994 was enacted by section 47 of the Finance Act 1997 with effect from 18 July 1996. It reduced the six year time limit for the recovery of … II was concerned with the legality under EU law of the Italian law no 428 of 29 December 1990. That law extended the scope of a statutory five-year limitation period (applicable to customs duties) so as to … for input tax after May 1997 based on accrued rights to reclaim. 96. Having rejected the Commissioners’ primary case (on the basis of much of

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