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Nov 18 2006

Surinder Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Nov-18-2006

Subject : Customs

Acts : Customs Act, 1962 - Sections 27, 27A, 28AA, 75, 75A, 129DD, 142 and 142(1); Central Excise Act, 1944 - Sections 11BB and 37; Customs (Amendment) Act, 1975 - Sections 51, 75, 75(1), 75(2) and 82; Foreign Exchange Management Act, 1999; Finance Act, 1991; Income Tax Act, 1961 - Sections 244 and 244A; Customs and Central Excise Duties Drawback Rules, 1995 - Rule 16A; Customs and Central Excise Duties Drawback Rules, 1971 - Rules 2 and 14; Constitution of India - Article 226

Reported in : 2006(113)ECC358; 2006LC358(Delhi); 2006(204)ELT534(Del)

allowed under Sub-section (1) or interest chargeable thereon; 25. Although the above substantive provision was introduced by the Finance Act 1991 with effect from 27.12.1991, there was no corresponding provision in the Duty Drawback Rules 1971. The department would

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Apr 19 2001

Unit Trust of India, Mumbai and anr. Vs. P.K. Unny and ors.

Court : Mumbai

Decided on : Apr-19-2001

Subject : Direct Taxation

Acts : Interest Tax Act, 1974 - Sections 2, 2(5), 2(7), 3(1), 3(1C), 3(2), 4, 4(1), 4(2), 5, 6, 6(2), 7, 9, 9(1), 10, 10A, 18, 21, 26C, 28 and 119; Income-tax Act, 1961 - Sections 2(7A), 2(24), 2(28A), 2(45), 4, 5, 5A, 14, 15, 16, 24, 40, 43D, 44, 44AD, 44D, 115J, 116, 119 and 147; Companies Act, 1956 - Sections 4A; Finance Act, 1991; State Financial Corporations Act; Finance Act, 1988; Hotel Receipts Tax Act, 1980; Finance Act, 1980; Unit Trust of India Act, 1963 - Sections 9(2),19(1)(3), 19(3), 21, 22 to 25B, 25B(1) and 25B(2), 32, 32(1) and 52; Direct Tax Laws (Amendment) Act, 1987; Finance Act, 2000; Unite Trust of India (Amendment) Act, 1966 - Sections 2(1); Wealth Tax Act, 1957; Super Profit-tax Act, 1963; Companies (Profit) Surtax Act, 1964; Rent Control Act; Public Premises

Reported in : 2001(3)BomCR673; 2002(1)MhLj301

empowered to specify any other Institution, as it may think fit, to be a public Financial Institution. The Finance Act (No. 2) of 1991 came into force on and from 1st October 1991. Therefore, upto 1st October, 1991 … S.H. Kapadia, J. 1. The following questions of law arise for determination in the aforesaid two … and, if so, whether interest accruing to UTI from loans advanced by it stands exempted in view of Section 22 of the UTI Act, 1963? B. If the answer to question No. A is in the negative

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Mar 30 1998

Central Board of Direct Taxes and ors. New Delhi Vs. Oberoi Hotels (In ...

Court : Supreme Court of India

Decided on : Mar-30-1998

Subject : Direct Taxation

Acts : Finance Act, 1991; Central Sales Tax Act, 1956 - Sections 5(1); Central Excise Act, 1944 - Sections 37-B; Income Tax Act, 1961 - Sections 30-O, 40, 85-C, 80-O, 80P(2), 119 and 143(3); Income Tax Act - Sections 14(3); Finance (No. 2) Act, 1971

Reported in : 1998IVAD(SC)411; AIR1998SC1666; (1998)146CTR(SC)222; [1998]231ITR148(SC); JT1998(2)SC717; 1998(2)SCALE516; (1998)4SCC552; [1998]2SCR501

have been brought within the scope of Section 80-0 only by an amendment by the Finance (No. 2) Act, 1991 and that too, with effect from April 1, 1992, which is proposing to substitute the word 'technical or

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Nov 10 2000

M.S. Hameed and ors. Vs. Director of State Lotteries and ors.

Court : Kerala

Decided on : Nov-10-2000

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 40A, 44A, 44AC, 194, 194A, 194B, 194C, 194D, 194G, 194G(1), 194G(2), 194G(3), 194H, 194I, 194J, 194K, 194L and 206C; Finance Act, 1991; Kerala State Lottery Rules - Rule 25; Finance (Amendment) Act, 1992

Reported in : [2001]249ITR186(Ker)

194G (1), 194G (2), 194G (3), 194H, 194I, 194J, 194K, 194L and 206C of Income Tax Act, 1961, Finance Act, 1991, Rule 25 of Kerala State Lottery Rules and Finance (Amendment) Act, 1992 - petitioners received bulk quantities of … 29-12-1998. I am to invite a reference to the letter cited and to inform you as follows : Section 194G of the Income-tax Act, 1961, specifically imposes a liability on the person responsible for paying to any

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Oct 15 1998

Thanthi Trust Vs. Assistant Director of Income-tax and anr.

Court : Chennai

Decided on : Oct-15-1998

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 11, 11(1), 11(2), 11(3), 11(3A), 11(4) and 11(4A); Finance Act, 1991

Reported in : [1999]238ITR635(Mad)

application - Section 11, 11 (1), 11(2), 11(3), 11(3A), 11(4) and 11(4A) of Income Tax Act, 1961 and Finance Act, 1991 - whether Section 11 (4A) excludes from its purview 'business' held in trust which is property of charitable

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Dec 18 1998

Devkala Consultancy Services, Bangalore Vs. Union of India and Others

Court : Karnataka

Decided on : Dec-18-1998

Subject : Commercial

Acts : Interest-Tax Act, 1974 - Sections 4, 5 and 26-C; Constitution of India - Articles 265 and 226; Banking Regulation Act, 1949 - Sections 21, 35-A(1) and 36(1); State Bank of India Act, 1955; State Bank of India (subsidiary Banks) Act, 1959; Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970; Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980; Finance Act, 1991; Foreign Exchange Regulation Act, 1947 - Sections 20(3)

Reported in : 1999(2)KarLJ115

of the Interest-tax Act are stated to have been re-introduced with effect from 1-10-1991 by virtue of the Finance Act, 1991. Section 4 of the said Act provides that the bank shall charge for every assessment year commencing on and

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Jan 11 2007

Chandraprabha Charitable Trust Vs. State of Kerala

Court : Kerala

Decided on : Jan-11-2007

Subject : Direct Taxation

Acts : Kerala Agricultural Income Tax Act, 1991 - Sections 35, 35(1), 35(2), 37(5), 39, 39(1), 39(6), 41 and 41(2); Finance Act, 2000; Income Tax Act, 1961

Reported in : (2007)209CTR(Ker)432; [2007]292ITR122(Ker)

for a second return and in the wake of prospective nature of the amendment brought in by the Finance Act of 2000, was the Tribunal correct in holding that it is the limitation prescribed under Section 41 for … assessment was barred by limitation. It was pointed out that as per Section 39(6) of the Agrl. IT Act, 1991 any assessment other than those pending on the date of commencement of Agrl. IT Act, 1991 be completed … Assessee is the revision petitioner and the assessment relates to the year 1993-94. Assessee is a charitable trust which was assessed to a net agricultural

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May 18 2005

Hilltop Holdings India Ltd. Vs. Commissioner of Income Tax and ors.

Court : Kolkata

Decided on : May-18-2005

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 116, 139(5), 143(1), 143, 143(2), 143(3), 154, 154(1), 156, 246, 263, 264 and 264; ;Ministerial Act; ;Finance Act, 1994; ;Direct Tax Laws (Amendment) Act, 1987; ;Finance Act, 1991 - Section 143; ;Income Tax Act, 1922 - Section 33B(1); ;Finance Act, 1987 - Section 143(1); ;Finance Act, 1999 - Section 143(5)

Reported in : (2005)3CALLT409(HC),(2005)197CTR(Cal)619,[2005]278ITR501(Cal)

he could resort to Section 143(2). An Explanation was inserted in Section 143 by the Finance (No. 2) Act, 1991, to provide that an intimation sent under Sub-section (1) or Sub-section (1B) shall be deemed to be an … an intimation under Section 143(1) where the assessee objects to the making of adjustments brought about by the Finance Act, 1994, w.e.f. 1st of June, 1994. By reason of such fiction, it is a deemed order for the

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Jul 16 2009

Commissioner of Income-tax, Faridabad Vs. Ghanshyam (Huf)

Court : Supreme Court of India

Decided on : Jul-16-2009

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(47), 45, 45(1), 45(5), 54, 54B, 54D, 54E, 54EA, 54EB, 54F, 54G, 54H, 154, 155(7A), 155(16), 260A and 269UA; Transfer of Property Act, 1882 - Sections 53A; Finance Act, 1987; Land Acquisition Act, 1894 - Sections 4, 4(1), 6, 18, 23, 23(1), 23(1A), 23(2), 28 and 34; Finance Act, 1991; Land Acquisition (Amendment) Act, 1984 - Sections 23(1A); Income Tax Act, 1922; Finance Act, 2003 - Sections 45(5) and 155(16)

Reported in : (2009)224CTR(SC)522; [2009]315ITR1(SC); JT2009(9)SC445; 2009(9)SCALE657; (2009)8SCC412; [2009]182TAXMAN368(SC); 2009(6)LC2930(SC)

scope and effect of the above amendments made in Section 45, as also insertion of Section 54H, by Finance Act 1991, has been elaborated in the following portion of the Departmental Circular No. 621 dated 19.12.91:Streamlining the provisions relating … in the present batch of civil appeals pertains to the interpretation of Section 45(5) of the Income-tax Act, 1961, as it stood prior to 1.4.2004.FACTS IN THE LEAD MATTERCivil Appeal No. of 2009 - Arising out of

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May 31 2002

Union of India (Uoi) and anr. Vs. Azadi Bachao Andolan and anr.

Court : Supreme Court of India

Decided on : May-31-2002

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 5, 6, 7, 10(1), 44, 51, 73, 90, 115A, 116, 119, 119(1), 119(2), 245O, 245S and 245R; Companies (Profits) Surtax Act, 1964; Evidence Act; Income Tax Act, 1922 - Sections 49A; Finance Act, 1972; Finance Act, 1991 - 90(1) and 90(2); Constitution of India - Articles 1, 2(2), 3, 4, 4.1, 4(3), 10, 11, 12, 13, 13(4), 14, 15, 16, 17, 18, 18(2), 20, 21, 22, 25, 28, 31B, 73 and 265; Central Excise Act, 1944 - Sections 5A; Central Sales Tax Act, 1956 - Sections 8(5); Customs Act - Sections 25; Economic Crime and Anti Money Laundering Act, 2000; Companies Act, 1984; Stock Exchange Act, 1988; Income Tax Law; Income and Corporation Taxes Act, 1970 - Sections 460; Wealth Tax Act - Sections 21(2)

Reported in : (2004)1CompLJ50(SC); (2003)184CTR(SC)450; [2003]263ITR707(SC); JT2003(Suppl2)SC205; 2003(8)SCALE287; (2004)10SCC1

basis. In 1991, the existing Section 90 was renumbered as Sub-section (1) and Sub-section (2) was inserted by Finance Act, 1991 with retrospective effect from April 1, 1972. CBDT Circular No. 621 dated 19.12.1991 explains its purpose as follows:'Taxation

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