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The Commissioner of Income Tax Vs. Vali Brothers

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 23, 34, 35, 80HHC, 139, 143, 143(3), 147, 148, 237, 239 and 256(1); Finance Act, 1992

Reported in : (2005)199CTR(All)294

2 years prescribed in Section 239 of I. T. Act, 1961 was reduced to 1 year by the Finance Act, 1992, w.e.f. 1.4.1993. Since, the assessee was called upon to furnish a return by issue of a notice under … vacated only by recourse to Section 34, as this was not a case for the application of Section 35.'11. The aforesaid view has been subsequently followed by the Madras High Court in the case of V.S. Sivalingam

Commissioner of Income Tax, Delhi Vs. Woodward Governor India P. Ltd.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 29, 30 to 43D, 48, 50, 56, 143, 143(1), 143(2), 144, 145, 145(1), 145(2) and 145(3); Finance Act, 2002; Companies Act - Sections 209; Finance Act, 1967

Reported in : (2009)223CTR(SC)1; [2009]312ITR254(SC); JT2009(5)SC378; 2009(5)SCALE198; (2009)13SCC1; [2009]179TAXMAN326(SC); 2009(3)LC1519(SC); [2009] 5 SCR 738

cases, we are required to consider the provisions of Section 43(1), 43A (both, before and after Amendment vide Finance Act, 2002).Facts in M/s Woodward Governor India P. Ltd.[Civil Appeal arising out of SLP(C) No. 593/08]- REVENUE ACCOUNT CASE:5. … or the amount of expenditure of a capital nature referred to in Clause (iv) of Sub-section (1) of Section 35 or in Section 35A or in Clause (ix) of Sub-section (1) of Section 36, or, in the case

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

Court : Chennai

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 … therefrom has hitherto been assessed in the hands of the petitioner who is also an assessee. By section 35(b) of the Finance Act, 1992, a new sub-section was inserted in section 64, which provides for clubbing of

Capberry Packings (P) Ltd. Vs. Collector of C. Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Service Tax

Reported in : (1994)LC475Tri(Delhi)

is not a 'Collector' for purposes of appeal. The appeals against the impugned order passed before enactment of Finance Act, 1992 would, however, continue to lie to the CEGAT in terms of Central Board of Excise & Customs, New … order was passed on 31st December, 1991 and it communicated to the appellants on 25-3-1992 and as per Section 35(1) of the Central Excises and Salt Act, 1944 which falls under Chapter VI-A the appeal was required to

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

Court : Kolkata

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, … four years.16. It is further submitted that a glaring and obvious mistake of law can be rectified under Section 35 of the IT Act of 1922. Not at present under Section 154 of the IT Act. With regard

Commissioner of Income-tax Vs. Gujarat State Fertilizers Co. Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32A, 43(1), 43A and 43A(1)

Reported in : (2003)179CTR(Guj)266; [2003]259ITR526(Guj)

(No. 2) Act of 1967, with effect from April 1, 1967, whereas Section 32A was inserted by the Finance Act, 1976, with effect from April 1, 1976. Hence, the non obstante clause in Section 43A could not have … (2) thereof would have been redundant even in respect of development rebate. Section 43A(1) itself refers to Section 35(1)(iv) {capital expenditure on scientific research related to the business) and Section 35A (capital expenditure on acquisition of patent

Life Insurance Corporation of India Vs. Joint Cit

Court : Mumbai

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

Bari Doab Bank Ltd. Vs. Union of India and Others

Court : Delhi

Subject : Company

Acts : Companies Act, 1956 - Sections 58A, 235, 391, 392, 433, 434 and 583; Banking Regulation Act, 1949 - Sections 45(2); Constitution of India - Article 226

Reported in : AIR1998Delhi95; [1997]89CompCas438(Delhi)

3 is concerned, about 10 months back, one Mr. Vakil allegedly of Vatsa International Ltd. - a non-banking finance company - supposed to be based at Bombay, called upon the ex-director of the petitioner-bank, namely, Mr. Janak … the Act. However, in the extraordinary general meeting held on May 2, 1992, the petitioner-bank had rescinded its earlier resolution regarding conversion into a non-banking … manner prejudice the exercise by the Central Government of its powers under clause (b) of sub-section (4) of section 35 of the said Act or the exercise by the Reserve Bank of India of its powers under section

M/s. Greatship (India) Ltd. Vs. Commissioner of Service Tax Mumbai-I a ...

Court : Mumbai

Subject : Service Tax

“Supply of Tangible Goods for use” as has been defined under Section 65(105)(zzzzj) of Chapter V of the Finance Act, 1994 (hereinafter referred to as “the said Act”). It is also not in dispute that the appellant has … correct a construction considered erroneous by the legislature." (Emphasis supplied) 50. In Francis Bennion Statutory Interpretation, (second edition) 1992, page 105, the learned author says "Declaratory Acts - A declaratory Act or enactment declares what the law … of work as specified in the agreement it was provided that for 35 days' or 28 days' work in a foreign location (in the said

Tips Cassettes and Record Co. Vs. Asstt. Cit

Court : Mumbai

Subject : Direct Taxation

Reported in : (2002)76TTJ(Mumbai)396

elaborate discussions on various aspects. It has been found that the provisions of section 35A were introduced by Finance Act, 1966, to allow deduction of expenditure incurred on acquisition of copyrights. Prior to this, the same was allowed … nature in case it is held that the same is not capital in nature then the provisions of section 35 do not apply and the expenditure has to be considered under section 37 of the Income Tax Act.(v) … discussed in details in appellate order of Commissioner (Appeals)-XXIX for assessment year 1992-93 and same being identical to the facts of assessment year under appeal,