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Deputy Commissioner of Income Tax Vs. Verifone Software Systems (P)

Court : Income Tax Appellate Tribunal ITAT

Subject : Direct Taxation

Reported in : (2003)84ITD521(Bang.)

amendment of Section 28 by Finance Act, 1990 vis-a-vis Section 143(1A) and not retrospectively made amendment by the Finance Act, 1993, to Section 143(1A).4. According to him, the facts of the case before the Supreme Court are distinguishable from

The Haryana Cooperative Sugar Mill Ltd. Vs. the Commissioner of Income ...

Court : Punjab and Haryana

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 80G, 80(2), 139, 142(1), 143(1), 143(1A), 154, 156 and 260A; Finance Act, 1993 - Sections 143(1A)

Reported in : (2006)142PLR800

amount equivalent to the additional income tax calculated under Sub-clause (i).Sub-section (1A) of Section 143 was amended by Finance Act, 1993 w.e.f. 1.4,1989. The amended Section reads as under:(1A)(a) Where as a result of the adjustments made under the … correct by reason of the law as it stood when the return was filed. A retrospective amendment of Section 28 of the Act rendered that return incorrect. An adjustment in the return was made under Sub-section (1) of

Haryana Co-operative Sugar Mill Ltd. Vs. Commissioner of Income-tax an ...

Court : Punjab and Haryana

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 139, 142(1), 143, 143(1A), 154, 156 and 260A; Finance Act, 1993; Income Tax Act, 1922 - Sections 10(2); Kerala Surcharge on Taxes Act, 1957; Constitution of India - Article 14

Reported in : (2005)198CTR(P& H)86; [2005]277ITR80(P& H)

it for the assessment year 1989-90 relates to the financial year 1988-89 and the amendment made by the Finance Act, 1993, was given retrospective effect from April 1, 1989. Learned counsel submitted that the express retrospectivity given to the … correct by reason of the law as it stood when the return was filed. A retrospective amendment of Section 28 of the Act rendered that return incorrect. An adjustment in the return was made under Sub-section (1) of

Assistant Commissioner of Income-tax Vs. J.K. Synthetics Ltd.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 28, 139, 142(1), 142(2), 143(1), 143(1A) and 156; Finance Act, 1993

Reported in : AIR2001SC1531; [2001]251ITR200(SC); JT2001(3)SC580; 2004(3)SCALE532; (2003)10SCC623

an amount equivalent to the additional income-tax calculated under Sub-clause (i).' 5. Sub-section (1A) was amended by the Finance Act, 1993, with effect from April 1, 1989, which was the date upon which Sub-section (1A) had been introduced into … correct by reason of the law as it stood when the return was filed. A retrospective amendment of Section 28 of the Act rendered that return incorrect. An adjustment in the return was made under Sub-section (1) of

Steel and Industrial Forgings Ltd. Vs. Deputy Commissioner of Income-t ...

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 29, 30 to 43D, 72, 143(1), 143(1A) and 260A; Finance Act, 1993

Reported in : [2009]318ITR18(Ker); [2009]184TAXMAN338(Ker)

reduced amount of loss by virtue of Clause (ii) of Section 143(1)(a) of the Act introduced by the Finance Act, 1993, with retrospective effect from April 1, 1989. It is against the demand of additional tax the assessee filed … of depreciation claimed by the assessee. Section 29 of the Act provides that the income referred to in Section 28 shall be computed in accordance with the provisions contained in Section 30 to Section 43D of the Act.

Assam Leather Industry Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Banking

Acts : Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18, 25, 28 and 31; Constitution of India - Articles 14, 248, 323A, 323B and 371A; Code of Civil Procedure (CPC) ; Transfer of Property Act; Nagaland Administration of Justice Rules, 1937 - Rule 33

locking up of huge funds, Dr. Manmohan Singh, the then Minister of Finance, introduced the Recovery of Debts Due to Banks and Financial Institutions Bill, … raise the question of legality, validity and constitutionality of Recovery of Debts Due to Banks and Financial Institution Act, 1993 (hereinafter called 'the Act'), and other actions related to the Debt Recovery Tribunal at Guwahati constituted under the … or authority except the Supreme Court and High Court. Section 25 is the modes of recovery of debts. Section 28 is the other modes of recovery. Regarding Section 28, it is submitted by learned counsel that the Recovery

Virtual Soft Systems Ltd. Vs. Commissioner of Income Tax, Delhi-i

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28(1), 48, 143, 143(1), 143(1A), 260A, 271 and 271(1); Finance Act, 1975; Finance Act, 2002 - Sections 271; Taxation Laws (Amendment) Act, 1975; Finance Act, 1993; Finance Act, 1992; Finance Act, 1951; Income Tax Act, 1922 - Sections 23(5), 28 and 28(1); Constitution of India - Article 20(1)

Reported in : (2007)207CTR(SC)733; [2007]289ITR83(SC); JT2007(3)SC125; 2007(2)SCALE612; (2007)9SCC665

the Act before its amendment which came on the statute in 1993 with retrospective effect from 1.4.1989. The Finance Act, 1993 amended Section 143 (1A) of the Act with retrospective effective from 1.4.1989 to specifically provide for levy of … CIT v. S.V. Angidi Chettiar : [1962]44ITR739(SC) which referred to the expression 'income tax' this judgment being under Section 28(1)(c) of the Income Tax Act, 1922, Dooars Tea Co. Ltd. v. Commissioner of Agricultural Income-tax, West-Bengal : [1962]44ITR6(SC)

Classic Automobiles Vs. State of Bihar and ors.

Court : Patna

Subject : Sales Tax

Acts : Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1993 - Sections 2, 3, 4 and 27(1); Bihar Tax on Entry of Goods into Local Areas Rules, 1993 Rule 4; Bihar Finance Act, 1981 - Sections 25 and 27; Taxation Acts

1997-98 respectively, two identical orders dated March 25, 1998 have been issued under Section 27 of the Bihar Finance Act, 1981 (hereinafter referred to as 'the Finance Act') by the Assistant Commissioner of Commercial Taxes, Dhanbad, attaching the … known as the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1993 (hereinafter referred to as 'the Entry Tax Act') providing for levy and collection of tax on entry of … date and to 10 per centum for each subsequent month or part thereof.(4) Subject to the provisions of Section 28 any amount of tax together with penalty, if any, which remains unpaid after the date specified in the

Commissioner of Income Tax Vs. Zam Zam Tanners

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961- Sections 2(24), 17, 28, 41, 44, 45, 59, 80HHC, 139(1), 139(3), 143(1A), 143, 144, 147, 160(1), 256(2), 271, 271(1) and 280D; ;Taxation Laws (Amendment) Act, 1975; ;Finance Act, 2002 - Sections 271(1); ;Finance Act, 1993 - Sections 143(1A); ;Constitution of India - Article 141

Reported in : (2005)197CTR(All)221; [2005]279ITR197(All)

of India.15. It may also be useful to consider the provisions of Section 143(1A) before the amendment by Finance Act, 1993, which reads as follows :'Where, in the case of any person, the total income, as a result of … have been payable by the beneficiary.(v) any sum chargeable to income tax under Clauses (ii) and (iii) of Section 28 or Section 41 or Section 59;(va) the value of any benefit or perquisite taxable under Clause (iv) of

D. K. Abdul Khader and Others Vs. Union of India and Others[Overruled] Overruled

Court : Karnataka

Subject : Banking

Acts : Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 1(4), 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34,35, 36 and 37 ; Constitution of India - Articles 14, 26, 31-A, 37, 39-A, 42, 43, 50,136, 227, 245, 246, 247, 248, 249, 323-B, 329 and 371-D; Debt Recovery Tribunal (Procedure for Appointment of Presiding Officer of Tribunal) Rules, 1998 - Rules 1, 2, 3, 4 and 5; Debt Recovery Appellate Tribunal (Procedure) Rules, 1994; Companies Act, 1956 - Sections 529-A; Indian Penal Code (IPC), 1860 - Sections 193 and 228; Code of Criminal Procedure (CrPC) , 1993 - Sections 195; Income-tax Act, 1961 - Sections 33(3); Income-tax (Certificate Proceedings) Rules, 1962; Industrial Finance Corporations Act, 1948; S

Reported in : ILR2001KAR1809; 2001(2)KarLJ534

shall be in addition to, and not in derogation of the Industrial Finance Corporations Act, 1948 (15 of 1948), the State Financial Corporations Act, 1951 … case. The reliefs read as under.-(a) declare that the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and the rules framed thereunder are void by reason of being violative of the Constitution of India and … amendment or withdrawal of certificate and this power has been conferred on the Presiding Officer of the Tribunal. Section 28, without prejudice to the modes of recovery specified in Section 25, empowers the Recovery Officer to recover the