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Engineering Analysis Centre Of Excellence Private Limited Vs. The Comm ...

Court : Supreme Court of India

Subject : Direct Taxation

advance, where it is so deductible or payable under any provision of this Act.” 14 Substituted by the Finance Act 1992 (18 of 1992), sec. 3(c) (w.e.f. 1-6-1992). 28 “5. Scope of total income. (1) Subject to the provisions … the Act, it shall 21 Inserted by the Finance Act 2017, sec. 39 (w.e.f. 1-4-2018). 33 have the same meaning as assigned to it in … to royalty and as this was so, the same constituted taxable income deemed to accrue in India under section 9(1)(vi) of the Income Tax Act, 1961 [“Income Tax Act”]., thereby making it incumbent upon all such persons

Gallagher (Valuation Officer) (Respondent) Vs. Church of Jesus Christ ...

Court : House of Lords

Subject : MRTP

purposes (paragraph 2(a), added by the 1988 Act) and office purposes (paragraph 2(b), added by the Local Government Finance Act 1992). So the current legislation is not the same as the statute which was construed in Henning’s case. But … forty years, Parliament adhered to the words used in the 1955 Act when it re-enacted the exemption in section 39 of the General Rate Act 1967. It did so again when it enacted para 11 of Schedule 5

Grays Timber Products Ltd Vs. Revenue and Customs (Scotland)

Court : UK Supreme Court

Subject : Land Acquisition

of Chapter 3D of the Income Tax (Earnings and Pensions) Act 2003 ("ITEPA 2003") as inserted by the Finance Act 2003, Schedule 22. Chapter 3D consists of only three sections which are, by comparison with other chapters in … main area of controversy is "market value", which is defined by reference to the Taxation of Chargeable Gains Act 1992. 3. However Chapter 3D forms part of a complex code with fairly deep and tangled legislative roots. Many … the Finance Act 2003, Schedule 22. Chapter 3D consists of only three sections which are, by comparison with other chapters in Part 7 of ITEPA … second is from the judgment of Lord Fleming in Salvesen at p 391: "The Act of Parliament requires, however, that the assumed sale, which is

Kobra, Association of Borrowers of Karnataka and ors. Vs. State of Kar ...

Court : Karnataka

Subject : Commercial

Acts : State Financial Corporations Act, 1951 - Sections 39; Constitution of India - Article 226

Reported in : III(2003)BC63; [2005]123CompCas269(Kar); 2003(3)KarLJ489; [2003]47SCL695(Kar)

namely, Eastern Press Bangalore (Private) Limited, had filed W.P. No. 27835 of 1992 which was disposed of by this Court on 20-6-1997 and being aggrieved … on the benefit only on the refinanced amount (which was only a small portion of the total amounts financed and disbursed by KSFC) and as the burden of passing on the benefit in regard to the balance … per the directions of SIDBI and State Government;(c) For a direction to State Government to take steps under Section 39(3) of the Act if KSFC failed to pass on the benefit to SSI units;(d) For a direction to

Lloyds Realty Limited Vs. the D.C.i.T., Special Range 36

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2004)90ITD710(Mum.)

interpretation of the relevant provisions of Section 40 of the Finance Act, 1983 which was omitted by the Finance Act, 1992 w.e.f. 1.4.93. The aforesaid Section 40 contemplates levy of wealth tax on closely held companies. As per Sub-section

Shirish Finance and Investment (P.) Ltd. Vs. M. Sreenivasulu Reddy

Court : Mumbai

Subject : Company

Acts : Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1994 - Regulations 2, 2(1), 2(2), 3, 3(1), 4, 5, 5(1), 6, 9, 9(1), 9(2), 9(3), 10, 10(1), 10(2), 11, 12, 13, 14, 14(1), 15, 16, 16(1), 17, 18, 19, 20, 20(1), 20(2), 20(3), 21, 21(1), 21(2), 21(3), 21(4), 22, 23, 33, 33(2), 34, 36, 37, 37(2) and 39; Companies Act, 1956 - Sections 2, 2(11), 6, 7(1), 9(2), 10, 11, 11(2), 11B, 12, 15H, 15K, 15T(2), 15Y, 15Z, 16(2), 18(5), 20, 20A, 21, 24, 27, 27(3), 28, 30, 32, 38, 87, 108, 111, 111(4), 111(5), 111(7), 111(9), 111(10), 111(12), 111(14), 111A, 111A(2), 111A(3), 111A(5), 155, 155(1), 155(3), 169, 397, 398, 538, 545, 630 and 630(1); Transfer of Property Act, 1882 - Sections 6; Indian Contract Act - Sections 23 and 57; Securities and Exchange

Reported in : 2002(1)BomCR419

(III) of the plaint, the shares acquired by Imfa Holdings (P.) Ltd., Mahameru Trading (P.) Ltd., and Shirish Finance & Investments Ltd., Defendant Nos. 3, 4 and 5, respectively, with a rider that any policy decision to … law as well as on account of the penal provisions in the Securities and Exchange Board of India Act, 1992. Furthermore, the provisions of Regulation 12 of the 1997 Regulations prohibit defendant Nos. 1 to 11 from acquiring … of defendant No. 1, though not a 'relative' within the meaning of Section 6 of the Companies Act, 1956 ('the Act'). Sometime in December 1993, … exercising original jurisdiction in Notices of Motion No. 3120 of 1997 and 3932 of 1998 in Suit No. 3910 of 1997 M. Sreenivasulu Reddy v.

Sterlite Industries (India) Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2006)102TTJ(Mum.)53

a straight line method of depreciation. He further pointed out that proviso appended in Section 115JA by the Finance Act, 1997, was not available in asst. yr. 1989-90 vide which depreciation has to be calculated on the same … off of unabsorbed depreciation of previous year. This ground has been raised in asst. yrs. 1989-90, 1991-92 and 1992-93 by the assessee. However, learned Counsel for the assessee did not press this ground of appeal at the

Commercial Tax Officer Vs. C.P.D. Computer Peripheral Devices Private ...

Court : Chennai

Subject : Sales Tax

Acts : Tamil Nadu Taxation Special Tribunal Act, 1992 - Sections 2, 6, 23, 24, 24(9) and 42; Tamil Nadu Taxation Special Tribunal (Repeal) Act, 2004 - Sections 3; Tamil Nadu General Sales Tax Act, 1959 - Sections 2, 3, 3A, 3B, 3C, 3D, 3E, 4, 7A, 11, 12, 16, 16(5), 16(6), 30, 31, 31A, 32, 32(2), 33, 34, 34(2), 35, 36, 36(2), 36(3), 36(3A), 36(6), 37, 37(1), 38, 38A, 39 and 52; Central Sales Tax Act, 1956 - Sections 9(2); Tamil Nadu General Sales Tax (Seventh Amendment) Act, 1986 - Sections 3; Tamil Nadu Additional Sales Tax Act, 1970; Tamil Nadu Sales Tax (Surcharge) Act, 1971; Tamil Nadu Taxation Special Tribunal (Amendment) Act, 2005; Finance Act, 1999 - Sections 3, 7, 10C and 89; Income Tax Act - Sections 2 and 10B; Extra Provincial Jurisdiction Act, 1947 - Sections 4; Merged State's Law

Reported in : (2009)21VST581(Mad)

insertion or omission. If such amendments are made, they can be regarded as textual amendments. For example, the Finance Act, 1999 made certain extensive amendments to the Income-tax Act. Section 3 of the Finance Act, 1999 provides for … the year 1992, the Government of Tamil Nadu enacted an Act called 'the Tamil Nadu Taxation Special Tribunal Act, 1992' (Act No. 42 of 1992) under Article 323B of the Constitution of India for adjudication or trial by … as against the order passed under Sub-section (2), (3A) or (6) of Section 36 by the Appellate Tribunal. Section 39 provided that the appeals or revisions under Sections 37 and 38 are to be heard by a Division

A.A. Salam Vs. Assistant Commissioner of Wealth

Court : Income Tax Appellate Tribunal ITAT Cochin

Subject : Direct Taxation

Reported in : (2007)106TTJ(Coch.)1140

"asset" was very much wide enough to cover every property save specifically exempted under Section 2(e). By the Finance Act, 1992, Section 2(ea) was brought on the statute book giving the definition of "asset" for the purpose of WT Act … Revenue are filed challenging the different orders of the CWT(A)-m, Trivandrum. As far as WTA Nos. 35 to 39/Coch/2002 and 110/Coch/2005 are concerned, they relate to asst. yrs. 1994-95 to 2000-01. The Revenue's appeals being WTA Nos.

Maruti Udyog Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2005)92ITD119(Delhi)

The legislature made retrospective amendment to Section 28 of the Act by inserting Clauses. (iiia) to (iiic) by Finance Act, 1990 w.e.f. 1st April, 1962, Thus, income by way of duty drawback became taxable income by virtue of … He calculated interest @ 18 per cent on the total investment in shares of Rs. 2,17,80,27,000 at Rs. 39.20 crores and accordingly, the same was disallowed.56. The matter was carried in appeal before the CIT(A) before whom