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

Court : Kolkata

Subject : Service Tax

that the noticee has rendered itself liable to penal action under Sections 76 and 78 of the Finance Act, 1994. Thus the Commissioner appears to … 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 … referring to a catena of decisions 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 226 of the Constitution of India, … civil engineering construction and was not ‘consulting engineer’ within the meaning of Section 65(11) of the Finance Act, 1994. (as amended by Finance Act, 1997).(6)

Home Solutions Retails (India) Ltd. Vs. Union of India and ors.

Court : Delhi

Subject : Constitution

Acts : Constitution of India - Articles 226, 246; Finance Act, 1995 - Section 65(105)(zzzz); Companies Act, 1956; Transfer of Property Act, 1882 - Section 105; Indian Easements Act

petitions preferred under Article 226 of the Constitution of India, the constitutional validity of Section 65(105)(zzzz) of the Finance Act, 1995 (for short „the 1995 Act) and Section 66 as amended by the Finance Act, 2010 (for brevity … had been challenged and that too as an alternative relief. It is submitted that by virtue of Section 76(a)(6)(h) of the Finance Act, 2010, Section 65(105)(zzzz) had been amended to clarify the intent of the legislature w.e.f.

Core Health Care Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

the learned Accountant Member. Further I find that the aforesaid provision came into force in the statute by Finance Act, 1986 with retrospective effect from 1-4-1974. Admittedly, that provision was not in existence while Hon'bte Supreme Court and … These two cross appeals; one by the assessee and the other by the revenue relating to assessment year 1992-93 are taken up together and disposed of by a common order for the sake of convenience.2. In ITA … interest paid on borrowings amounting to Rs. 1,56,76,000 as a deduction under section 36(1)(iii). (3) The CIT(A) erred in not allowing the following expenditure as

Core Health Care Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2001)70TTJ(Ahd.)490

by the learned Accountant Member.Further, I find that the aforesaid provision came into force in the statute by Finance Act, 1986, with retrospective effect from 1-4-1974.Admittedly, that provision was not in existence while Hon'ble Supreme Court and Honble … These two cross-appeals: one by the assessee and the other by the revenue relating to assessment year 1992-93 are taken up together and disposed of by a common order for the sake of convenience.In ITA No, … interest paid on borrowings amounting to Rs. 1,56,76,000 as a deduction under section 36(1)(iii).(3) The Commissioner (Appeals) erred in not allowing the following expenditure as

Test Claimants in the Franked Investment Income Group Litigation Vs. C ...

Court : UK Supreme Court

Subject : Land Acquisition

such cases: para 260. It was not open to the Revenue to rely on section 320 of the Finance Act 2004 ("Section 320 FA 2004") or section 107 of the Finance Act 2007 ("Section 107 FA 2007") to … special to Scots law, and in South Africa in Willis Faber Enthoven (Pty) Ltd v Receiver of Revenue 1992 (4) SA 202. But it had also been rejected by the common law in Canada: see the dissenting … under the ultra vires Income Tax (Building Societies) Regulations 1986 in Woolwich. 76. It is helpful to see how the arguments developed as Woolwich proceeded

Sahara India Savings and Investment Corporation. Ltd. Vs. Asstt. Cit

Court : Allahabad

Subject : Direct Taxation

Reported in : [2001]79ITD56(NULL)

need to amend the law and insert sub-clause (va) in section 2(5B) of the Interest Tax Act by Finance Act, 1992 w.e.f. 1-4-1993 to include a Residuary Non-Banking Company even the explanatory memorandum as stated above to bring out … and Reasons of the Bill, the well recognised mischief rule of interpretation laid down in Heydons case (1984) 76 ER 637 does not and cannot apply to the omission of this hitherto erstwhile sub-clause (i).(c) Sub-clause (i)

Mitsui and Company Ltd. Vs. Deputy Commissioner of Income Tax

Court : Delhi

Subject : Direct Taxation

Reported in : (1999)65TTJ(Del)1

April, 1959 (supra),. , judgment dt. 28-7-1984 (supra), : [1977]106ITR11(SC) , judgment dt. 10-8-1976 (supra); (1987) 20 ITD 76 (DelHI), judgment dt. 8-10-1976 (supra); (1992 ) 193 ITR 459 , judgment dt. 5th September 1989 (supra); (1989) … Explanationn in section 9(ii) of the Income Tax Act, 1961, with effect from 1st April, 1979 by the Finance Act, 1983, it is clarified and declared that the income which falls under the head 'salaries' payable for services

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 … same line, as in Ramsay, had been held to be not reflecting correct position in law. At page 760, the Hon'ble Supreme Court held that "words cannot be added to or substituted so as to give a

H.P. State Indl. Dev. Corporation Vs. Joint Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Subject : Direct Taxation

Reported in : (2001)80ITD639(Chd.)

into the background papers as well as explanatory notes on the provisions relating to Income-tax Act introduced by Finance Act (2) of 1991, and I find it difficult to agree with the interpretation taken by the ld. counsel … of introduction of Bill relating to Interest-tax Act reported in 95 ITR 76 (St.) explaining in exclutory notes accompanying the bill reported in 96 ITR … 1. These two appeals by the assessee for assessment years 1992-93 and 1993-94 under the Interest-tax Act are directed against the common order of the CIT(A) dated 10-2-2001 upholding … of Rs. 2,33,23,994. The Assessing Officer passed order accepting the return under Section 8(2) of the Interest-tax Act on 14-3-1995. For the assessment year 1993-94,

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 … same line, as in Ramsay, had been held to be not reflecting correct position in law. At page 760, the Honble Supreme Court held that "words cannot be added to or substituted so as to give a