Advanced Search Results

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 … on account of loss on sale of investment. Learned AO disallowed the loss by applying Explanation appended to Section 73 of the Act. The learned first appellate authority has allowed the loss to the assessee on the ground … 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

Union of India (Uoi) and anr. Vs. Azadi Bachao Andolan and anr.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 5, 6, 7, 10(1), 44, 51, 73, 90, 115A, 116, 119, 119(1), 119(2), 245O, 245S and 245R; Companies (Profits) Surtax Act, 1964; Evidence Act; Income Tax Act, 1922 - Sections 49A; Finance Act, 1972; Finance Act, 1991 - 90(1) and 90(2); Constitution of India - Articles 1, 2(2), 3, 4, 4.1, 4(3), 10, 11, 12, 13, 13(4), 14, 15, 16, 17, 18, 18(2), 20, 21, 22, 25, 28, 31B, 73 and 265; Central Excise Act, 1944 - Sections 5A; Central Sales Tax Act, 1956 - Sections 8(5); Customs Act - Sections 25; Economic Crime and Anti Money Laundering Act, 2000; Companies Act, 1984; Stock Exchange Act, 1988; Income Tax Law; Income and Corporation Taxes Act, 1970 - Sections 460; Wealth Tax Act - Sections 21(2)

Reported in : (2004)1CompLJ50(SC); (2003)184CTR(SC)450; [2003]263ITR707(SC); JT2003(Suppl2)SC205; 2003(8)SCALE287; (2004)10SCC1

1961 was introduced, Section 90 contained therein initially was a reproduction of Section 49A of 1922 Act. The Finance Act, 1972 (Act 16 of 1972) modified Section 90 and brought it into force with effect from 1.4.1972. The … in international business activity by the Mauritius Offshore Business Activities Authority established under the Mauritius Offshore Business Activities Act 1992'. The second Schedule to the Mauritius Income-tax Act in Part IV enumerates miscellaneous income exempt from income-tax. Item … political expediency will have a role to play in terms of Article 73 of the Constitution, the same is not true when a Treaty is

Simplex Infrastructures Ltd. Vs. Commissioner of Service Tax, Kolkata

Court : Kolkata

Subject : Service Tax

Show Cause-cum-Demand Notice dated 21st April 2006 was issued on the grounds of ‘suppression’ under the proviso to Section 73 (1) of the Finance Act, 1994, which was not in existence during the material period of time i.e.1st … service tax for the fiRs.time was introduced in India in the year 1994 under Chapter V of the Finance Act, 1994. It has been amended from time to time, inter alia, by introducing more categories of services within … including the decision of this court in Indian Cardboard Industries-vs.-Collector reported in 1992 (58) ELT508 it was observed as follows:“Power of judicial review, under Article

Union of India and anr. Vs. Azadi Bachao Andolan and anr.

Court : Supreme Court of India

Subject : Direct Taxation

Reported in : [2003]263ITR706(SC); [2003]132TAXMAN373(SC)

1961 was introduced, section 90 contained therein initially was a reproduction of section 49A of 1922 Act. The Finance Act, 1972 (Act 16 of 1972) modified section 90 and brought it into force with effect from 1-4-1972. The … in international business activity by the Mauritius Offshore Business Activities Authority established under the Mauritius Offshore Business Activities Act, 1992'. The second Schedule to the Mauritius Income Tax Act in Part IV enumerates miscellaneous income exempt from income-tax. … than a pension referred to in paragraph a(ii)) and 10(1)(e) (any other income derived from any other source).73. Section 73 (b) provides that for the purposes of the Act the expression resident, when applied to a company, means

R.P.C. Industries Ltd. Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2003)85ITD105(Kol.)

result of omission of section 109, Explanation to section 73 was amended with effect from 1-4-1988 by the Finance Act, 1987 (11 of 1987). As per Explanation to section 73, where any part of a business of a

Babu Lal and ors. Through Its Partner Babu Lal Vs. Director of Income- ...

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 120, 132, 132(1), 132(3), 132A, 148, 157BC, 158B, 158BC, 184 and 278D(2); Income Tax Act, 1992 - Sections 34(1); Taxation Laws (Amendment) Act, 1975; Stamp Act, 1899 - Sections 73; Finance Act, 1995; Income Tax Rules, 1962 - Rule 112(1); Constitution of India - Articles 21, 226 and 227

Reported in : (2005)198CTR(All)274; [2006]281ITR70(All)

provisions of Section 132 and Chapter XIV-B of the Act, explaining that Chapter XIV-B was inserted by the Finance Act, 1995 laying down a special procedure for assessment in search cases. It deals with assessment of a block … or property which has not been, or would not be disclosed for the purposes of the Indian Income-tax Act, 1992 (11 of 1992), or this Act (hereinafter in this section referred to as the undisclosed income or property), … the Hon'ble Supreme Court upheld the judgment of the Andhra Pradesh High Court, by which the amendment in Section 73 of the Stamp Act, 1899 by the State of Andhra Pradesh, authorising the designated officer to impound and

Vipul Dye Chem Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2003)86ITD851(Mum.)

Khanna Enterprises (P) Ltd. (supra), the Delhi Bench of the Tribunal held that the amendment made by the Finance Act, 1992 introducing Explanation to Section 80HHD(2) and (2A) are clarificatory and retrospective in nature. In the case of Podar … reliance on the following Court cases : (1) Bhagwan Dass Khanna Enterprises (P) Ltd. v. Asstt. CIT (2001) 73 TTJ (Del) 213 : (2001) 78 ITD 151 (Del) (2) CIT v. Podar Cement (P) Ltd. (1997) 226

intech Engg. and Services (P) Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Subject : Service Tax

Reported in : (2003)(154)ELT226Tri(Chennai)

the issue on 11-11-1992. Since Section 11AA was introduced with effect from 26-5-1995 vide Section 73 of the Finance Act, 1995 (22 of 1995), interest is required to be paid from 26-8-1995 (i.e. three months after the introduction

Rotork Controls India (P) Ltd. Vs. Commissioner of Income Tax, Chennai

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 30 to 39, 40A(1), 40A(7) and 145; Companies Act; Finance Act, 1975; Income Tax Act, 1922 - Sections 10(2)

Reported in : (2009)223CTR(SC)425; [2009]314ITR62(SC); JT2009(6)SC637; 2009(7)SCALE456; [2009]180TAXMAN422(SC); 2009AIRSCW4902

the High Court was affirmed by this Court. It was held that Section 40A(7) which stood inserted by Finance Act, 1975 w.e.f. 1.4.73 has been given an overriding effect over Section 28 as well as Section 37 of … Tax, Chennai.3. In these civil appeals filed by the assessee we are concerned with the assessment years 1991-92, 1992-93, 1993-94 and 1994- 95. For the sake of convenience we hereby refer to the facts concerning assessment year

Commissioner of Central Excise Vs. Mangalam Cement Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Service Tax

Reported in : (2007)7STR673

in one case (Service Tax Appeal No. 2/23 of 2005) of Rs. 60,26,508/- under Section 73(2) of the Finance Act, 1994, imposing penalty of Rs. 48,700/- under Section 76 and ordering interest amount of Rs. 8,84,287/- under Section … He submitted that the ratio of the decision of the Supreme Court in Laghu Udyog Bharati, reported in 1992 (112) ELT 365 (SC) as followed by the Tribunal in L.H. Sugar Factories Ltd., reported in, was no