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Feb 01 2005

Chhotulal Vs. Manak Devi

Court : Rajasthan

Decided on : Feb-01-2005

Subject : Contract

Acts : Stamp Act - Sections 33; Income Tax Act - Sections 40A, 40A(3), 154, 154(7), 269SS and 269T; Indian Contract Act - Sections 23 and 23A; Provincial Act; Companies Act, 1956 - Sections 617; Direct Tax Laws (Amendment) Act, 1987; Finance Act, 1971; Finance Act, 1992; Societies Registration Act, 1860 - Sections 28, 36(1) and 36(9); Money Lender's Act

Reported in : III(2005)BC440; 2006(1)CTLJ377(Raj); RLW2005(2)Raj808; 2005(2)WLC337

so made, such asset shall be transferred, as soon as may be, to him). (12) [Omitted by the Finance Act, 1992, w.e.f. 1-4-1993.1'Section 23. What consideration and objects are lawful, and what not. The consideration or object of an … what was the stamp duly required to be paid. Be that as it may. Exercising the powers under Section 33 of the Stamp Act, the document is hereby Ordered to be impounded, and be forwarded to the authorities

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Feb 08 2008

Deputy Commissioner of Income Tax, Ahmedabad Vs. Core Health Care Ltd.

Court : Supreme Court of India

Decided on : Feb-08-2008

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28 to 41, 43, 43(1), 80HH, 80I, 90(2) and 260A; Finance Act, 1986 - Sections 43(1); Finance Act, 2003

Reported in : 105(2008)CLT433(SC); (2008)215CTR(SC)1; [2008]298ITR194(SC); JT2008(2)SC367; 2008(2)SCALE327; (2008)2SCC465; 2008AIRSCW1425

directly or indirectly by any other person or authority. Explanation 8 has been inserted in Section 43(1) by Finance Act, 1986 (23 of 1986), with retrospective effect from 1.4.74. It is important to note that the word 'actual … stood dismissed.3. On 31.12.92 assessee filed its return of income for A.Y. 1992-93 declaring 'nil' income. Later on the assessee filed a revised return on … determination of actual cost in Section. 43(1) has relevancy in relation to Section 32(depreciation allowance); Section 32A(investment allowance), Section 33(development rebate allowance), and Section 41 (balancing charge). 'Actual cost' of an asset has no relevancy in relation to

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Jul 06 2015

Securities and Exchange Board of India Vs. Pan Asia Advisors Ltd. and ...

Court : Supreme Court of India

Decided on : Jul-06-2015

Subject : Land Acquisition

respondent, it is stated that the said respondent’s name has been changed and is now known as Global Finance & Capital Limited, having its office International Corporate House, Monster House, 42 Mincing Lane, London and represented by … arises in this appeal relates to the jurisdiction of SEBI under the Securities and Exchange Board of India Act, 1992, (in short “SEBI Act, 1992”) to initiate proceedings against the respondents as Lead Managers to the Global Depository … v. Shriram Mutual Fund and another (2006) 5 SCC361paras 15, 17, 19, 33 to 36 and Union of India and Others v. Dharamendra Textile Processors … rendering services in connection with instruments that are defined as securities under Section 2(h) of the Securities Contracts (Regulation) Act, 1956 (in short “SCR Act,

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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 … South Africa in Willis Faber Enthoven (Pty) Ltd v Receiver of Revenue 1992 (4) SA 202. But it had also been rejected by the common … was not affected by sections 320 FA 2004 and 107 FA 2007 (issues 20 and 21); and that section 33(2A) of the Taxes Management Act 1970 ("TMA") (issue 23), which excludes relief under that section where Case V

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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.)

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 … 1987 explained the modification in the provisions of s. 80-O at para 33.1 [168 ITR (St) 108] as under : "The basic purpose of this

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Mar 20 2001

Life Insurance Corporation of India Vs. Joint Cit

Court : Mumbai

Decided on : Mar-20-2001

Subject : Direct Taxation

Reported in : (2002)74TTJ(Mumbai)624

securities is intended to be taxed under the provisions of the Interest Tax Act (45/1974) as amended by Finance Act, 1992. As stated earlier, exclusion of interest on securities from the taxability to Interest Tax Act led to ambiguity. … interest under the Act as the same could not be classified as interest on loans and advances under section 2(7) of the Interest Tax Act, 1974 (as amended by the Finance Act, 1994).4. Assessing officer in the … for the consequent exemption.41. The Supreme Court held as follows: (at pages 339 and 340 of the report) :'We are inclined to accept the contention

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Aug 25 2004

Swedish Match Ab and anr. Vs. Securities and Exchange Board, India and ...

Court : Supreme Court of India

Decided on : Aug-25-2004

Subject : Company

Acts : Security and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 - Regulations 2, 2(2), 3, 7, 10, 11, 11(1), 12, 14, 15, 16, 20, 22(3), 44, 45 and 45(6); ;Constitution of India - Article 142; ;Essential Commodities Prices and Stocks (Display and Control) Order, 1967; Companies Act, 1956 - Sections 81(1)(A); Security and Exchange Board of India Act, 1992 - Sections 4(3), 11, 11A, 11B, 11B(3), 11B(4), 15A, 15H, 15I, 15T, 15Z, 24 and 30; Security and Exchange Board of India Ordinance, 1992; Code of Civil Procedure (CPC) - Order 41, Rule 33; Finance Act, 1975

Reported in : AIR2004SC4219; IV(2004)BC211; [2004]122CompCas83(SC); (2004)4CompLJ25(SC); JT2004(7)SC94; 2004(7)SCALE158; (2004)11SCC641; [2004]54SCL549(SC)

a tax avoidance case concerning capital transfer tax, the Court of Appeal were called on to construe the Finance Act 1975 Sch 5 para 6(7) as originally enacted. Counsel for the Inland Revenue put forward several alternative arguments … exercise of the powers conferred upon me under sub-section (3) of Section 4 read with Section 11B SEBI Act 1992 (hereinafter referred to as the Act) read with Regulation 44 & 45 of the Regulations, I hereby direct … akin to or analogous to the principles contained in Order 41 Rule 33 of Code of Civil Procedure. Even otherwise before us the judgment of

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Jul 28 2003

Commissioner of Income-tax Vs. Vallabh Leasing and Finance Co. Pvt. Lt ...

Court : Madhya Pradesh

Decided on : Jul-28-2003

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 94, 94(1), 94(2), 94(3) ;Income Tax Act, 1922 - Sections 44F; Income Tax Amendment Act, 1987 - Sections 36, 36(1)

Reported in : (2004)187CTR(MP)20; [2004]265ITR1(MP)

provision which came up for construction in that case was Sub-section (4) of Section 33 of the English Finance Act, 1927, which was couched in the same language as our proviso and construing the words 'exceptional and not

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May 26 1998

Dr. M.V. Shetty Memorial Trust, Mangalore and Others Vs. Rajiv Gandhi ...

Court : Karnataka

Decided on : May-26-1998

Subject : Constitution

Acts : Rajiv Ganhdi University of Health Sciences Act, 1994 - Sections 4, 5(3), 33, 37(1), 41, 45, 62, 63 and 64; Constitution of India - Articles 14, 110 and 265; University Grants Commission Act, 1956 - Sections 12-A(1) and 22; Karnataka State Universities Act, 1976 - Sections 35

Reported in : 2000(1)KarLJ48

conduct of Examination throughout the State is not comparable with other established Universities in the State. Examination and Finance Branches have been computerised for rendering speedy service to the students and affiliated colleges. Part of the Administration … constituted under the KarnatakaState Universities Act, 1976, at its meeting held in 1992, had considered the fee structure in various constituent Universities and after adverting … payable by the Colleges/Institutions for affiliation to the 1st respondent.3. The petitioners allege that the 1994 Act provides Section 33, specifying the matters with respect to which statutes could be made and it does not provide for framing

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Apr 12 2018

State of Gujarat Vs. Utility Users Welfare Association Through Its Pre ...

Court : Supreme Court of India

Decided on : Apr-12-2018

Subject : Land Acquisition

provisions, which will have to be referred to are being reproduced hereunder: finance, commerce, “Section 84. Qualifications for appointment of Chairperson and Members of State … Similar was stated to be the position of Section 4 of the Securities and Exchange Board of India Act, 1992. On the other hand, the specific provision made in Section 84(2) of the said Act has to be … special area in question directly. This was more so as apart from Section 86(1)(f), it was submitted that Section 33(4) deals with Page 39 of 84 compliance of directions, if any dispute arises with reference to the quality

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