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Mar 28 1995

K.M. Vijayan and Others Vs. Union of India and Others

Court : Chennai

Decided on : Mar-28-1995

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(7), 2(24), (31) and (45), 3, 4 , 4(1), 5, 6, 7, 8, 9, 10(32), 14, 15, 16, 19(3), 17, 18, 19, 19(1), 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 64(1), 64(1A), 65, 80(L), (U), (CC) and (CCB), 88, 139, 159(6), 162, 171 and 171(1) and (9); Constitution of India - Articles 14 to 19 and 248

Reported in : [1995]215ITR371(Mad)

order or direction declaring the provisions of section 64(1A) of the Income-tax Act, 1961, as amended by the Finance Act, 1992, as illegal, beyond the scope of preventing avoidance of tax and inconsistent with the scheme of the Income-tax … Income-tax Act, 1922, articles 14, 19 of the Constitution of India and the Government of India Act, 1935, section 100, Schedule VII, List I, entry 54, this court in the decision in B. M. Amina Umma v. ITO

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Apr 05 2004

Mammen Vs. Commissioner of Gift Tax

Court : Kerala

Decided on : Apr-05-2004

Subject : Direct Taxation

Acts : Gift Tax Act, 1958 - Sections 4(1) and 6; Direct Tax Law (Amendment) Act; Finance (No. 2) Act, 1991; Wealth Tax Act

Reported in : [2004]269ITR167(Ker); 2004(2)KLT914

with the provisions of Schedule III to the Wealth Tax Act, that under the scheme formulated by the Finance Act, 1992, shares and debentures in companies are not liable to levy of Wealth Tax, that the Finance Act, 1992 … the valuation of the gift of the shares for the assessment year 1991-92 was to be made under Section 6 of the Gift-tax Act in accordance with Schedule III of the Wealth Tax Act?'2. The brief facts … and the decision of the Supreme Court in Bharat Hari Singhania v. C.W.T. : [1994]207ITR1(SC) , submitted that the method of valuation of particular asset

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May 27 1999

Mitsui and Company Ltd. Vs. Deputy Commissioner of Income Tax

Court : Delhi

Decided on : May-27-1999

Subject : Direct Taxation

Reported in : (1999)65TTJ(Del)1

Explanationn in section 9(ii) of the Income Tax Act, 1961, with effect from 1st April, 1979 by the Finance Act, 1983, it is clarified and declared that the income which falls under the head 'salaries' payable for services … per cent from this April but previous year it was approximately 50 per cent).And tax authority may impose 100 per cent on above as additional tax and delayed interest by 15 per cent p.a.Considering all total amount

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Jun 25 1999

Petroleum India International Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jun-25-1999

Subject : Direct Taxation

Reported in : (2000)241ITR43(Mum.)

Finance Act, 1968, to enhance the deduction available under that section to 100 per cent of the income by way of royalties, etc. The Department's … incorporated mainly to encourage earning of the foreign exchange, inviting our attention to the relevant notes to the Finance Act, 1967, the learned counsel contended that s. 85C granted the deduction till asst. yr. 1972-73 when s. 80-O … 1. The appeal of the assessee, for asst. yr. 1992-93, had come up for hearing before 'A' Bench, Mumbai and on the recommendation of the Bench, the President … s. 80-O. It was reiterated that s. 80-O is a stand alone section.Referring to the decision of the Supreme Court in the case of Distributors

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Jan 19 2010

Mahesh Ratilal Shah Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Jan-19-2010

Subject : Company

Acts : Securities Contracts (Regulation) Act, 1956 - Sections 4, 4(1), 4(3), 7, 9, 9(4), 11 and 23; Securities and Exchange Board of India Act, 1992 - Sections 3, 11B and 12; Contract Act, 1872 - Sections 11; Arbitration and Conciliation Act, 1996 - Sections 2(4) and 10; Stock Exchange Rules; Stock Exchange Regulations; Constitution of India - Article 226

Reported in : AIR2010SC676; [2010]154CompCas48(SC); JT2010(1)SC499; 2010(1)SCALE535; (2010)2SCC706; [2010]98SCL65(SC); 2010(2)LC645(SC)

90 members of the Stock Exchange for fraudulently inducing investors to trade in forged scrips of M/s Presto Finance Ltd. and to declare the Rules, Bye- laws and Regulations of the BSE as illegal, void and ultra … the SEBI as a statutory body established under Section 3 of the Securities and Exchange Board of India Act, 1992 (hereinafter referred to as the 'SEBI Act'), was empowered under Section 11 of the Act to protect the … the inquiry report of the Assistant Police Inspector, General Branch, Crime Branch, C.I.D., Mumbai, submitted to the learned Metropolitan Magistrate, 33rd Court, Ballard Estate, Mumbai,

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Oct 08 2004

Sri Bidyut Kumar Sett Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Oct-08-2004

Subject : Direct Taxation

Reported in : (2005)92ITD148(Kol.)

initiation of assessment proceedings. Section 253(6), as it stood upto 31^st May, 1992, prior to its amendment by Finance Act, 1992, provided that the memorandum of appeal in Form No. 36 was to be accompanied by the specified amount … fee as under: "(a) In a case where the assessment proceedings were initiated before Ist April, 1971, Rs. 100; (b) In a case where the assessment proceedings were initiated between Ist April, 1971, and 31^st May, 1981

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May 05 2006

Sudipto Sarkar Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : May-05-2006

Subject : Land Acquisition

Reported in : (2006)101ITD229(Kol.)

the decision relied on by the ld.counsel for the assessee are prior to the amendment made by the Finance Act, 1992 with effect from 1.4.1993, therefore, the same are not applicable in the assessee's case. He, therefore, submits that … The Division Bench hearing this case had made a reference to the Hon'ble President, Income-tax Appellate Tribunal under Section 255(3) of the Income-tax Act, 1961 ('the Act') for constitution of a Special Bench, Accordingly, the Hon'ble President, … v. National Engineering Industries Ltd. wherein it has been held at page 1004 that "The expenditure incurred merely for the purpose of keeping the workers

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Jun 26 2001

National Engineering Industries Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Jun-26-2001

Subject : Land Acquisition

Reported in : (2002)80ITD9(Kol.)

a scheme or arrangement referred to in Clause (va).13. As Clause (va) to Section 2(5B) was inserted by Finance Act, 1992 w.e.f. 1st April, 1993 and a reference to the RBI's guidelines has been made by the Finance Minister

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Jun 26 2001

National Engg. Inds. Ltd. Vs. Cit

Court : Kolkata

Decided on : Jun-26-2001

Subject : Direct Taxation

Reported in : [2001]80ITD9(Cal)

a scheme or arrangement referred to in clause (va).13. As clause (va) to section 2(5B) was inserted by Finance Act, 1992 with effect from 1-4-1993 and a reference to the RBI's guidelines has been made by the Finance Minister

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Sep 22 2003

Commissioner of Income Tax Vs. Sahara India Savings and Investment Cor ...

Court : Allahabad

Decided on : Sep-22-2003

Subject : Direct Taxation

Acts : Code of Civil Procedure (CPC) - Sections 100 and 260A; Interest-tax Act, 1974 - Sections 2(5A), 2(5B), 2(7) and 4(2)

Reported in : (2003)185CTR(All)136; [2003]264ITR646(All)

to in the preceding sub-clauses;'It may be mentioned that Clause (va) of Section 2(5B) was inserted by the Finance Act, 1992, from 1st April, 1993.15. Learned counsel for the respondent, Sri Pardiwalla submits that the respondent will become financial … this second appeal under Section 260A of the IT Act, which is analogous to a second appeal under Section 100, CPC.There is no force in these appeals and they are, therefore, dismissed. - - It is a well

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