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Nov 16 1995

Commissioner of Income Tax, Ludhiana, Etc.Etc. Vs. Shri Om Prakash, Et ...

Court : Supreme Court of India

Decided on : Nov-16-1995

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 64(1) and 263; Indian Income-tax Act, 1922 - Sections 16(3) and 35; Constitution of India - Articles 14, 19(1) and 226; Gift-tax Act - Sections 4; Wealth-tax Act - Sections 4; Finance Act, 1979 - Sections 64; Taxation Laws (Amendment) Act, 1975; Finance Act, 1992; Finance (No.2) Act, 1971;

Reported in : 1996IAD(SC)205; AIR1996SC593; (1996)130CTR(SC)82; [1996]217ITR785(SC); JT1995(8)SC245; 1995(6)SCALE487; 1995Supp(4)SCC737; [1995]Supp5SCR346

which such individual is a partner' in Clause (iii) corresponding to Clause (ii) until they were deleted by Finance Act, 1992 w.e.f. April 1, 1993 and insertion of Sub-section (1A) - with which aspects we are not concerned herein.

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Mar 17 2009

Mintri Tea Co. (P) Ltd. Vs. Commissioner of Income Tax

Court : Kolkata

Decided on : Mar-17-2009

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 36(1), 43B, 116, 139, 143(1), 143(2), 154, 154(2), 154(7), 156, 241, 246 and 249(2); ;Finance Act, 2003; ;Finance Act, 1992; ;Finance Act, 1994; ;Income Tax Act, 1922 - Section 35

Reported in : (2009)223CTR(Cal)241,[2009]319ITR264(Cal)

the authority concerned is the Dy. CIT(A) or the CIT(A), by the AO also:From 14th May, 1992 : Finance Act, 1992 : A proviso to Sub-section (2) was inserted with effect from the date on which the Finance Act, … Pinaki Chandra Ghose, J.1. This appeal was admitted on the following substantial questions of law:For the asst. yr. 1989-90:(i) Whether the Tribunal was justified in law in holding that disallowance under Section 43B in respect of provident

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Nov 26 2002

Director of Income Tax (Exemptions) Vs. Estate of C. Audikesavalu Naid ...

Court : Chennai

Decided on : Nov-26-2002

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1991 - Sections 13; Finance Act, 1992; Income Tax Act, 1961 - Sections 11, 11(5), 13 and 13(1)

Reported in : (2003)183CTR(Mad)338

by the Tribunal holding that by virtue of amendment made to Section 13 of the Act by the Finance Act, 1992, and Finance Act, 1983 (sic), the time was extended to trust to withdraw the non-specified investments of the … N.V. Balasubramanian, J.In pursuance of the directions of this Court in T.C. No. 84 of 1997, dt. 13th Aug., 1997, the Tribunal has stated the case and referred the following question of law under

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Feb 06 2007

Virtual Soft Systems Ltd. Vs. Commissioner of Income Tax, Delhi-i

Court : Supreme Court of India

Decided on : Feb-06-2007

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28(1), 48, 143, 143(1), 143(1A), 260A, 271 and 271(1); Finance Act, 1975; Finance Act, 2002 - Sections 271; Taxation Laws (Amendment) Act, 1975; Finance Act, 1993; Finance Act, 1992; Finance Act, 1951; Income Tax Act, 1922 - Sections 23(5), 28 and 28(1); Constitution of India - Article 20(1)

Reported in : (2007)207CTR(SC)733; [2007]289ITR83(SC); JT2007(3)SC125; 2007(2)SCALE612; (2007)9SCC665

from 1.4.2003.29. The two questions which arise in the present cases are, prior to the amendments by the Finance Act, 1992 with effect from 1.4.2003 (2003 amendment):i. What is meant by the words 'in addition to any tax' in … Court of Delhi against the order passed by the Income Tax Appellate Tribunal (for short 'the Tribunal') under Section 260A of the Income Tax Act. Assessee also filed ITA No. of 2004 being aggrieved against a part

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Feb 10 2006

Janatha Tile Works Ltd. Vs. Commissioner of Income Tax

Court : Kerala

Decided on : Feb-10-2006

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 43B, 139, 142(1), 143, 143(1), 143(1A), 143(2), 143(3), 144, 147, 154, 154(1), 155, 156, 185(1), 185(2), 185(3), 185(5), 186(1), 186(2), 245D(4), 250, 254, 255, 256(1), 260, 262, 263 and 264; Finance Act, 1992; Direct Tax Laws (Amendment) Act, 1989; Finance Act, 1999

Reported in : (2006)202CTR(Ker)103; [2006]283ITR35(Ker); 2006(2)KLT426

justified in not following the decisions of the Calcutta and Delhi High Courts since the impact of the Finance Act, 1992 was not pointedly raised or considered in the above decisions. Counsel submitted that Revenue is justified in levying … K.S. Radhakrishnan, J.1. Tribunal, Cochin Bench has made this reference under Section 256(1) of the IT Act, 1961. Three questions of law have been referred for consideration which are given

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Oct 29 2002

Mr. Bhupendra Kumar Bhaumik Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Oct-29-2002

Subject : Direct Taxation

Acts : Constitution of India - Articles 14, 226 and 246; Income Tax Act, 1961 - Sections 45, 54E, 54E(1), 54E(1C), 269SS and 276DD ; Finance Act, 1992; Central Excise and Salt Act, 1944

Reported in : (2003)179CTR(Del)530

1C of Section 54E of the Income Tax Act, 1961 (for short the Act), as introduced by the Finance Act, 1992, praying that the words and figures '29th day of February, 1992' in the said Section be struck down … Sharda Aggarwal, J. 1. By this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the constitutional

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Feb 19 2008

Munjal Sales Corporation Vs. Commissioner of Income Tax, Ludhiana and ...

Court : Supreme Court of India

Decided on : Feb-19-2008

Subject : Direct taxation

Acts : Income Tax Act, 1961 - Sections 28 to 43C; Finance Act, 1992 - Sections 40;

Reported in : (2008)215CTR(SC)105; [2008]298ITR298(SC); 2008(2)SCALE598; (2008)3SCC185; 2008AIRSCW1369

payment of interest by the firm to any partner of the firm constituted business disallowance per se. After Finance Act 1992, Section 40(b)(iv) of the Act places limitations on the deductions under Sections 30 to 38. Prior to Finance Act … S.H. Kapadia, J.1. Leave granted.This batch of civil appeals filed by the assessee is directed against judgments dated 12.10.06 and 16.10.06 passed by the Punjab and Haryana High Court whereby the High Court has upheld the disallowance

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Sep 24 1993

Bhagwan Singh and Others Vs. Union of India and Others.

Court : Patna

Decided on : Sep-24-1993

Subject : Direct Taxation

validity of the said provision is still pending consideration before the Supreme Court. In the meantime, by the Finance Act, 1992, section 44AC has been deleted from the statute book and section 206C has been substituted, making it self-contained. The … applications the partitions have, inter alia, questioned the vires of section 44AC and 206C of the Income-tax Act, 1961.It is admitted that the said question is pending before the Supreme Court of India in Transfer Petition No.

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Sep 24 1993

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

Court : Patna

Decided on : Sep-24-1993

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 44AC, 185 and 206C; Constitution of India - Article 226

validity of the said provision is still pending consideration before the Supreme Court. In the meantime, by the Finance Act, 1992, Section 44AC has been deleted from the statute book and Section 206C has been substituted, making it self-contained. The … 1. In these applications the petitioners have, inter alia, questioned the vires of Sections 44AC and 206C of the

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Nov 24 2009

Commissioner of Income Tax, Kanpur Vs. Sahara India Savings and Invest ...

Court : Supreme Court of India

Decided on : Nov-24-2009

Subject : Direct Taxation

Acts : Interest Tax Act, 1974 - Sections 2(5), 2(5A), 2(5B), 2(7), 5 and 6; Companies Act, 1956 - Sections 4A and 620A; Banking Regulation Act, 1949 - Sections 51; State Financial Corporation Act, 1951 - Sections 3, 3A and 46; Reserve Bank of India Act, 1934 - Sections 42(1B), 45(1), 45J, 45K and 45K(4); Income Tax Act - Sections 43D; Finance Act, 1992

Reported in : (2009)227CTR(SC)425; [2010]321ITR371(SC); 2009(14)SCALE188; [2010]186TAXMAN19(SC)

under 'miscellaneous finance company' in terms of Section 2(5B)(vi) of the 1974 Act. According to the Department, this Finance Act, 1992 operated prospectively and that too w.e.f. 1.4.1993. According to the Department, during the Assessment Year 1992- 93, respondent

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