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Swam Mills Ltd., a Company Incorporated Under the Companies Act, 1956 ...

Court : Mumbai

Subject : Excise

Acts : Finance Act, 1998 - Sections 89; Central Excise Act, 1944 - Sections 11AA; Customs Act, 1962 - Sections 142; Income Tax Act - Sections 246, 245D(4), 260A and 264; Wealth Tax Act - Sections 22D(4); Foreign Exchange Regulation Act, 1973; Narcotic Drugs and Psychotropic Substances Act, 1985; ;Terrorists and Disruptive Activities (Prevention) Act, 1987; ;Prevention of Corruption Act, 1988; Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 8, 9, 9(2), 9(3) 12A and 12A(6); ;Special Court (Trial of Offences Relating to Transaction in Securities) Act, 1992 - Sections 3(2); ;Kar Vivad Samadhan Scheme, 1998 - Sections 87, 90, 92 and 95; ;Constitution of India - Article 226; ;Indian Penal Code (IPC), 1860

operative from 1st September, 1998 to 31st January, 1999. The petitioners filed declaration under Section 89 of the Finance Act, 1998 before the Commissioner of Central Excise on 31st December, 1998. 4. The aforesaid declaration filed by the … under sub-Section (2) of Section 3 of the Special Court (Trial of Offences Relating to Transaction in Securities) Act, 1992 (27 of 1992).21. Section 95(i) is in respect of tax arrear under any direct tax enactment, while Section … the said Act do not apply, has not been revoked on the report of the Advisory Board under Section 8 of the said Act or before the receipt of the report of the Advisory Board; or (b) such

Riddhi Siddhi Starch and Chemicals Ltd. Vs. Additional Deputy Commissi ...

Court : Karnataka

Subject : Sales Tax

Acts : Karnataka Sales Tax Act, 1957 - Sections 12(3), 18, 18(2) and 18AA(2); Central Sales Tax Act, 1956 - Sections 8(5) and 9(2); Finance Act, 2000 - Sections 9; Karnataka Sales Tax (Amendment) Act, 1992; Constitution of India - Articles 14, 19(1), 226 and 227

Reported in : [2006]146STC513(Kar)

stated in the 'Notes on clauses' that, the amendments would take effect from the date on which the Finance Act, 2000 receives the assent of the President. The said amendment Act received the assent of the President of … tax in contravention of Section 18 at any time before the commencement of the Karnataka Sales Tax (Amendment) Act, 1992, the provisions of Sub-sections (3) and (4) shall apply to such amount collected.It is crystal clear from clause … since the rate of tax for the above mentioned items Under Section 8(5) of the CST Act has been reduced to 11/2 per cent as

ito Vs. Patel Wood Syndicate

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Sub-section (3) of Section 80HHC, after manufacture, the Legislature inserted the words "or processed" was inserted by the Finance Act, 1992 with effect from 1 -4-1992. In view of this insertion, the case of the assessee is squarely covered … the circumstances of the case in directing the assessing officer to calculate the claim of Bdeduction under Section 80HHC(3)( b) amounting to Rs. 31,40,823 without appreciating the manufacturing activity carried on by the assessee in purchasing rough

Dr. K.M. Shah Vs. Dy. C.i.T.

Court : Gujarat

Subject : Direct Taxation

Acts : Wealth-tax Act, 1957 - Sections 2, 7(2), 16A and 27A; Gift-tax Act; Wealth-tax Act, 1958 - Sections 7(2) - Schedule - Rules 3, 4, 5, 6, 7, 8, 19 and 20; Urban Land Ceiling Act - Sections 6; Direct Tax Laws (Amendment) Act, 1987; Finance Act, 1992; Income-tax Act, 1961

Reported in : (2004)190CTR(Guj)414; [2004]270ITR408(Guj)

at his option, specify in his behalf in the return of net wealth]. ** Proviso omitted by the Finance Act, 1992 w.e.f. 1.4.1993.Explanation- For the purposes of this sub-section,-(i) where the house has been constructed by the assessee, he … Shah. As per the re-location done by the Arbitrator, each of these three persons got an area of 818 sq.mts.. Of course, sub-plot No.417/1/1 allotted to Bhadresh K Shah had the residential bungalow constructed on it. On

income Tax Officer Vs. D. M. Enterprises

Court : Delhi

Subject : Direct Taxation

Reported in : (1998)61TTJ(Del)423

of the Act.5. The learned Departmental Representative submitted that the provisions of section 184(1) as inserted by the Finance Act, 1992 with effective from 1-4-1993, clearly provide that a firm shall be assessed as a firm if the partnership … furnishing the audit report in the prescribed form is contained in various other provisions, such as a section 80HHC, section 12A, etc. of the Act. The various Benches of the Tribunal and the High Courts have held

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 … Non Banking Company.(b) Further referred to regulation No. 6, Explanation 1(b)(2), Explanation 3, Part-3 item Nos. 7 & 8, of Appendix 119, item Nos. 2 & 3 of Part-5, to bring home the point that investment in

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

Court : Delhi

Subject : Direct Taxation

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

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 … till 24-5-1995, and the same was granted. However, in the intervening period the company filed a letter dt. 8-5-1995, wherein, according to the Assistant Commissioner, it denied having paid any salary or any other income to the

Delhi Race Club (1940) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2007)108TTJ(Delhi)297

from each winning from horse race, claimed by assessee. However as per the amendment brought in by the Finance Act, 1992 w.e.f. 1st April, 1992, the amount of exemption was revised from Rs. 5,000 to Rs. 2,500. The claim … the CIT(A) dt. 9th June, 2003 for the asst. yr. 2001-02, in the matter of order passed under Section 201 and Section 201(1A) of the IT Act, 1961, wherein following two grounds have been raised by the … v. Dy. CIT (2001) 71 TTJ (Cal) 269 : (2001) 114 Taxman 82 (Cal)(Mag) and also on CBDT Circular No. 515, dt. 31st May, 1988

D.T.C. Retired Employees Association and ors. Etc. Etc. Vs. Delhi Tran ...

Court : Supreme Court of India

Subject : Service

Acts : Constitution of India - Article 32; Contempt of Courts Act, 1971; Payment of Gratuity Act, 1972 - Sections 4; Madhya Pradesh Panchayat Act, 1962 - Sections 8, 147 and 189

Reported in : AIR2001SC1997; [2001(90)FLR770]; JT2001(Suppl1)SC144; 2001LabIC1793; (2001)IILLJ258SC; 2001(4)SCALE30; (2001)6SCC61; [2001]3SCR559; 2001(2)SCT1059(SC); 2001(3)SLJ92(SC)

whether the employees of Panchayat Zila Parishad were entitled to pension and gratuity. While interpretably Madhya Pradesh Panchayat Act, 1992, it was observed that Section 8 147 and 189 of that Act enabled the employees to get gratuity … that this provision in the present day conditions is wholly insufficient relief and two retirement benefits when the finances of the concern permit ought to be allowed.'22. The appellants were paid gratuity for their long service, but

Sahara India Savings and Investment Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Subject : Land Acquisition

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 … is not- (b) Further referred to regulation No. 6, Explanation 1(b)(2), Explanation 3, Part-3 item Nos. 7 & 8, of Appendix 119, item Nos. 2 & 3 of Part-5, to bring home the point that investment in