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Shri M.U. Joshi Vs. the Tax Recovery Officer,

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 143(3) and 245I; Finance Act, 1992; Income Tax Rules - Rules 57, 58, 63(1), 68B, 68B(1) and 68B(2)

Reported in : 2005(6)BomCR17; (2005)199CTR(Bom)249; [2006]281ITR289(Bom); 2006(1)MhLj95

liable to be vacated. 10. Rule 68B was introduced in the Second Schedule to the I.T. Act by Finance Act, 1992 specifically with a view to prescribe time limit of three years for sale of attached immovable properties. Proviso … reserve price or under the circumstances mentioned in rule 57 or rule 58 or where the sale is set aside under rule 61, the aforesaid … of M/s. Joychem Chemical & Pharmaceuticals Industries ('the firm' for short). Pursuant to the assessment orders passed under section 143(3) of the Income Tax Act ('I.T. Act' for short) for A.Y.86-87 and 87-88, huge demands were raised

Eureka Forbes Ltd. Vs. State of Bihar and ors.

Court : Patna

Subject : Sales Tax

Acts : Bihar Finance Act, 1981 - Sections 17(2) and 19(1); Constitution of India - Articles 226 and 227

by the respondent-Deputy Commissioner of Commercial Taxes, Jamshedpur, under Section 19(1) read with Section 17(2) of the Bihar Finance Act, 1981 (annexure 1 series in respective writ petitions) ; orders of reassessment (annexure 2 series of respective writ … Supreme Court, including [1984] 56 STC 273 (in the case of Bhimraj Madanlal v. State of Bihar) [1985] 58 STC 119 (in the case of Bhimraj Madan Lal v. State of Bihar) [1988] 71 STC 293 (in

Voltas Limited Vs. the State of Jharkhand and ors.

Court : Jharkhand

Subject : Sales TaxLimitation

Acts : Indian Companies Act, 1913; Bihar Finance Act, 1981 - Sections 12, 13, 17(5), 18, 19(1), 21, 21(1), 24 and 58; Bihar Finance Rule, 1981 - Rule 13A; Rajasthan Sales Tax Act - Sections 5(3); Rajasthan Sales Tax Rule - Rule 29(2); 46th Amendment Constitution of India - Article 366(29A)

Reported in : [2006(3)JCR518(Jhr)]

charges either in Section 21 itself or in the rules framed in exercise of the powers conferred by Section 58 of the Bihar Finance Act xx xx xx xx31. In our considered opinion Sub-clause (i) of Clause (a) … one place to another and the sale of such air-conditioners is chargeable to sales tax under the Bihar Finance Act, 1981 under Entry No. 116 of the Schedule at the rate of 16%.6. One of the disputes in … 466/05 1988-89Other three writ petitions relate to the assessment years 1990-91 to 1992-93. The petitioner has challenged the orders of remand, as made by the

Deputy Commissioner of Vs. British Motor Car Co. Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Land Acquisition

Reported in : (1996)57ITD565(Delhi)

charge against the asset, viz., 'Pratap Building'. Drawing our attention to the provisions of section 40 of the Finance Act, 1983, it was argued that since a part of the asset was taxable it is only the proportionate … Delhi, there is an equitable mortgage of the property in question, namely, Pratap Building. Mortgage as defined in section 58 of the Transfer of Property Act reads as under :- "58. "Mortgage". A mortgage is the transfer of

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 … copies of the work, such importation into India without a licence would amount to infringement of copyright. Further, section 58 of the Copyright Act regards infringing copies of any work as the property of the owner of the

Wallfort Shares and Stock Brokers Vs. Income-tax Officer [Alongwith

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

of Section 14-A by the Finance Act, 2001 with retrospective effect from 1.4.1962; Explanation to Section 36(1)(viii) by Finance Act, 1992 with retrospective effect from 1.4.1987 and so on. If intention of the legislature was to give retrospective effect … The learned CIT(Appeals) referred to the judgment of House of Lords in the case of Griffiths v.J.P. Harrison, 58 ITR 328 (P.C) In that case the assessee purchased shares of a company. That company had at that

Wallfort Shares and Stock Brokers Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2005)96ITD1(Mum.)

of section 14-A by the Finance Act, 2001 with retrospective effect from 1-4-1962; Explanation to section 36(1)(viii) by Finance Act, 1992 with retrospective effect from 1-4-1987 and so on. If intention of the legislature was to give retrospective effect … The learned CIT(Appeals) referred to the judgment of House of Lords in the case of Griffiths v.J.P. Harrison, 58 ITR 328 (P.C) In that case the assessee purchased shares of a company. That company had at that

Chitra Construction Company Vs. Addl Commissioner of Customs

Court : Chennai

Subject : Land Acquisition

Valley, Green Home, Onampalayam, Coimbator”109. culminating in Mahazar dated 1.3.2012 as being ultra vires Section 82 of the Finance Act, apart from being in excess of jurisdiction and unconstitutional. W.P.No.22902 of 2012: Writ Petition filed under Article 226 … the Karnataka High Court, reported in Nenmal Shankarlal Parmer Vs. Parmar Vs. Assistant Commissioner of Income Tax (Investigation), 1992 (195) ITR 582.to state that a search warrant issued in respect of a particular premises, without mentioning the … Sankarlal Parmer Vs. Assistant Commissioner of Income Tax, (Investigation) (1992) 195 ITR 582.to state that the search proceedings could be challenged and held to be

Commissioner of Income-tax Vs. Singapore Airlines Ltd.

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 131, 133A, 194(D), 194G, 194H, 197, 197(1), 201(1) and 201(1A); Income Tax Rules - Rule 24(2); Finance Act, 1991; Finance Act, 1992; Finance Act, 1999; Finance Act, 2001; Contract Act - Sections 182

Reported in : [2009]319ITR29(Delhi); [2009]180TAXMAN128(Delhi)

statute book by the Finance (2) Act, 1991 with effect from 1-10-1991. The Section was amended by the Finance Act, 1992 with effect from 1-6-1992. The section was omitted from the statute book by the Finance Act, 1999 with … judgment of the Income-tax Appellate Tribunal (hereinafter referred to as the 'Tribunal') dated 19-10-2004 passed in TDSA No. 58/Delhi/302 pertains to assessment year 2001-02. It is a common ground that all other appeals have been disposed of

The Commissioner of Income vs M/S Martin Lottery Agencies

Court : Chennai

principle, can have no application to the facts of the present case.26. Reference had been made to the Finance Act, 1992, as seenpublished in [1992] 195 ITR (St.) 214 at page 255. Sub-sections (2) and (3) were added to … Officer had raised a demand of Rs.2,19,58,083/- along with interest of Rs.6,68,785/- for the assessment year 1999-2000, under Sections 201(1) and 201(1A) of the Income Tax Act, by the proceedings dated 25.03.1999, on the grounds that since