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Jul 21 2005

P.H. Hamid Vs. Commissioner of Income-tax

Court : Mumbai

Decided on : Jul-21-2005

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(47), 36, 36(1), 41, 41(1), 41(2), 54E and 256(1); Income Tax Act, 1922 - Sections 2(7), 2(31), 3 and 10(2); Indian Partnership Act, 1932 - Sections 14 and 15; Finance Act, 1992 - Sections 41(1)

Reported in : (2005)198CTR(Bom)441; [2005]278ITR112(Bom)

of revenue and undue enrichment to the assessee, Sub-section (1) of Section 41 has been substituted by the Finance Act, 1992, so as to bring to tax the amount or benefit, as the case may be. In cases where

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May 04 2005

Smt. Sudama Devi Vs. State of Bihar and ors.

Court : Patna

Decided on : May-04-2005

Subject : Motor Vehicles

Acts : Bihar Motor Vehicles Taxation Act, 1994 - Sections 2, 5 and 7; Bihar Finance Act, 2002; Motor Vehicles Act, 1988 - Sections 2(11), 2(14), 2(22), 2(26), 2(29), 2(33), 2(35), 2(47) and 41(4)

of vehicles ranging from personalised vehicle to transport vehicle. The Taxation Act including Schedules were amended by Bihar Finance Act 11 of 2002 and Schedule II contains a provision with regard to additional motor vehicles tax on transport … bus or a private service vehicle. The notification No. 451(E) dated 19.6.1992 issued by the Central Government under Section 41(4) of the Act clearly shows the types of vehicle, i.e. transport vehicle and non-transport vehicle. The omnibus has

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Sep 01 2004

Assistant Commissioner of Vs. Hyt Engg. Co. (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Sep-01-2004

Subject : Direct Taxation

Reported in : (2005)92ITD202(Pune.)

to note that the present case is governed by the old law. Section 41(1) was amended by the Finance Act, 1992, with effect from 1st April, 1993. This case relates to the assessment year 1990-91. Under the provisions of

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Jul 21 2005

P.H. Hamid Vs. Cit, Bombay City-iv

Court : Mumbai

Decided on : Jul-21-2005

Subject : Direct Taxation

Reported in : [2005]147TAXMAN676(Bom)

of revenue and undue enrichment to the assessee, sub-section (1) of section 41 has been substituted by the Finance Act, 1992, so as to bring to tax the amount or benefit, as the case may be. In cases where

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Dec 23 2011

The Commissioner of Income Vs. Shri Vardhman Overseas Ltd

Court : Delhi

Decided on : Dec-23-2011

Subject : Direct Taxation

of sub-section (1) of Section 41 may not be relevant after substitution of the said clause by the Finance Act, 1992 with effect from 1st April, 1993, by which the words some benefit in respect of such trading liability

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Sep 13 2004

Assistant Commissioner of Income Vs. Hyt Engineering Co. Pvt. Ltd.

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Sep-13-2004

Subject : Direct Taxation

Reported in : (2005)93TTJ(Pune.)16

to note that the present case is governed by the old law Section 41(1) was amended by the Finance Act, 1992, with effect from 1st April, 1993. This case relates to the assessment year 1990-91.Under the provisions of Section

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Apr 13 1993

Commissioner of Income-tax Vs. V. Venkatachalam

Court : Supreme Court of India

Decided on : Apr-13-1993

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 14, 28 to 43-A, 48, 80-E, 80T and 256(1)

Reported in : AIR1994SC1267; (1993)113CTR(SC)55; [1993]201ITR737(SC); 1993(3)SCALE253; 1993Supp(3)SCC413

been placed in Section 48. (Of course, Section 48 has been totally recast with effect from 1.4.93 by Finance Act, 1992). The words 'such income', in our opinion meant and referred to the capital gains and not the total … method. He found that during the said previous year the assessee had suffered a business loss of Rs. 41,892/-. He set off the said loss against the capital gains of Rs. 1,02,740/- and applied the deductions provided

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Jul 31 2001

Assam Company Ltd. Vs. Dy. Cit

Court : Guwahati

Decided on : Jul-31-2001

Subject : Direct Taxation

after the judgment of the Hon'ble Supreme Court in : [1990]186ITR278(SC) (supra) an amendment was introduced by the Finance Act, 1992. In the abovesaid amendment section 41(l)(b) was introduced so as to make liable the successor of the business

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Feb 27 2025

Radhika Agarwal versus Union of India and Others

Court : Supreme Court of India

Decided on : Feb-27-2025

Subject : Right to Information

Reported in : [2025]2S.C.R.1331

Customs Act, 1962 and the Central Goods and Services Tax Act, 2017 (GST Act).Headnotes† Customs Act, 1962 - Finance Act, 2012 - Finance Act, 2013 - Finance Act, 2019 - ss.104(4), 104(6) - Central Goods and Services Tax … (d) fraudulently obtaining an instrument for the purposes of this Act or the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), and such instrument is utilised under this Act, where duty relatable to such utilisation of … 135, 135A and 136 of the Customs Act and Section 13 of the Central Excise Act, 1944. 6 Section 41 of the Code delineates circumstances when the police may arrest without a warrant. 7 For short, “Code”. 8

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Oct 19 2002

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

Court : Gujarat

Decided on : Oct-19-2002

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 … withdrawal of investment allowance, (Sub-sections (4) and (5)) Section 43(1) and Section 43A(1) :'43. In sections 28 to 41 and in this section, unless the context otherwise requires-- (1) 'actual cost' means the actual cost of the

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