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Nov 23 2004

Gem Granites Vs. Commissioner of Income-tax, Tamil Nadu

Court : Supreme Court of India

Decided on : Nov-23-2004

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80HHB(2), 80HHC and 80HHC(2); Finance Act, 1982 - Sections 89A and 89A(4); Finance (Amendment) Act, 1991

Reported in : (2004)192CTR(SC)481; [2004]271ITR322(SC); 2004(9)SCALE647; (2005)1SCC289

gradual extension of the field of operation of Section 80 HHC. The 1994 circular also speaks of the Finance Act 1991 extending the benefit of Section 80 HHC to export of processed minerals and ores mentioned in the 12th … in keeping with the object of the Section, processed granite should not be included within the exclusion of Sub-section (2)(b) of Section 80-HHC (as it stood prior to 1991) by holding it to be a 'mineral'. It is

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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 13 2005

Jackson and others (Appellants) Vs. Her Majesty's Attorney General (Re ...

Court : House of Lords

Decided on : Oct-13-2005

Subject : MRTP

or wrecked (Searle, op cit, p 409). Among these was the 1909 Finance Bill, introduced by Mr Lloyd George, which was passed by the Commons … 1914, the 1949 Act) but to achieve objects of more minor or no constitutional import (the War Crimes Act 1991, the European Parliamentary Elections Act 1999, the Sexual Offences (Amendment) Act 2000 and now the 2004 Act). There … to the 1911 Act. Its substantial effect was to reduce the number of successive sessions referred to in section 2(1) of the 1911 Act from three to two, and to reduce the lapse of time referred to in

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Oct 15 1999

Sahara India Savings and Investment Corporation. Ltd. Vs. Asstt. Cit

Court : Allahabad

Decided on : Oct-15-1999

Subject : Direct Taxation

Reported in : [2001]79ITD56(NULL)

is whether in the absence of a specific exclusion in the newly inserted definition of interest by the Finance Act, 1991 can it be said that interest on securities would now stand covered and to decide the issue submitted … of the Interest Tax Act and whether it can be considered a Miscellaneous Finance Company as defined in section 2(5B) & (vi) of the Interest Tax Act, as amended by the Finance (No. 2) Act of 1991.3.

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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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Nov 11 2009

Shiva Kant Jha Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Nov-11-2009

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 49A; Income Tax Act, 1961 - Sections 90; Finance Act, 1972; Finance Act, 1991 - Sections 90(1) and 90(2); Central Excise Act; Sales Tax Act; Income Tax Rules, 1962; Constitution of India - Articles 73, 73(1), 226, 246 and 265

Reported in : [2009]185TAXMAN424(Delhi)

In 1991, the existing Section 90 was renumbered as Sub-section (1) and Sub-section (2) was inserted by the Finance Act, 1991 with retrospective effect from 1-4-1972. CBDT Circular No. 621 dated 19-12-1991 explains its purpose as follows:43. Taxation of

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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 … UTI and LIC. On 24/7/1991, Finance (No. 2) Bill was introduced in the Parliament. Under the said Bill, Section 2 of the Interest Tax Act, 1974 came to be amended. Clause 5A was inserted. It defined Credit Institution

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Nov 19 2002

The Commissioner of Income-tax Vs. Pooshya Exports (P) Ltd.

Court : Chennai

Decided on : Nov-19-2002

Subject : Direct Taxation

Acts : Income Tax Act - Sections 32A, 43B, 80HHC and 80HHC(2); Finance Act, 1991

Reported in : [2003]262ITR417(Mad)

Revenue. Direct Taxation - deduction - Sections 32A, 43B, 80HHC and 80HHC (2) of Income Tax Act and Finance Act, 1991 - whether Appellate Tribunal justified in holding that assessee entitled for relief under Section 80HHC in terms of

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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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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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