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Aug 24 1998

Oil and Natural Gas Commission Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Aug-24-1998

Subject : Land Acquisition

Reported in : (1999)69ITD69(Delhi)

actual sale. Analogy of Lands Clauses Consolidation Act 1845, Stamp Act and other Acts was invoked and later Finance Acts were also called in aid where such compulsory transactions were described as sale or purchase. The House … "Corporation)" was incorporated on 23rd June, 1993. The Oil & Natural Gas Commission (Transfer of Undertaking and Repeal) Act, 1993, was passed on 4th September, 1993, which was deemed to have come into force on the 2nd day … 12,50,48,50,000 in respect of assets to which it was eligible under s. 32 of the IT Act, 1961.1.2. That the learned CIT(A), Dehra Dun, ought … it was held, imported a consensual relation and the meaning of the section being plain, it was not possible to go to later Acts to

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Sep 17 2009

Tungabadra Sugar Works Mazdoor Sangh Represented by Its President Vs. ...

Court : Chennai

Decided on : Sep-17-2009

Subject : Company

Acts : Companies Act, 1956 - Sections 442, 446, 446(1), 456, 457, 529A, 530 and 537; Income Tax Act, 1961; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18, 19(7), 19(19), 19(22), 25 to 30, 32, 34, 34(1) and 34(2); State Financial Corporations Act, 1951 - Sections 31 and 46B; Industrial Finance Corporation Act, 1948; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Sick Industrial Companies (Special Provisions) Act, 1985; Life Insurance Corporation Act, 1956 - Sections 15 and 41; Income Tax Rules - Rules 38 and 52(2); Companies (Court) Rules, 1959 - Rules 9 and 117; Recovery of Debts Due to Banks and Financial Institutions Rules; Constitution of India - Articles 136, 226 and 227

Reported in : (2009)8MLJ15

laws, the Finance Corporation Act, 1951 and the Sick Industries Companies (Special Provisions) Act, 1985. The latter contained Section 32 which gave overriding effect to its provisions and was held to prevail over the former. It was pointed … has to get guided by the provisions made under Section 29 as well as Section 19(19) of RDDB Act, 1993. Also the guidelines laid down by the Hon'ble Supreme Court of India in Civil Appeal No. 2536 of

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Jan 24 2007

Food Corporation of India Vs. the State of Bihar and ors.

Court : Patna

Decided on : Jan-24-2007

Subject : Sales Tax

Acts : Bihar Tax on Entry of Goods Into Local Area For Consumption, Use Or Sale Therein Act, 1993 - Sections 3(1), 3(2), 3A and 8; Bihar Value Added Tax Act, 2005 - Sections 8 and 32; Bihar Finance Act; Bihar Entry Tax Act

be taken against it under Section 8 of the VAT Act, read with Section 32 of the Bihar Finance Act. On the date fixed (12.09.2006), the petitioner's representative appeared before the Commercial Taxes Officer and submitted its show … 8 of the Bihar Tax On Entry Of Goods Into Local Area For Consumption, Use Or Sale Therein Act, 1993 read with Section 32 of the Bihar Value Added Tax Act, 2005 charging entry tax amounting to Rs.

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Nov 10 1999

Geo Seafoods Vs. Additional Sales Tax Officer Iv and anr.

Court : Kerala

Decided on : Nov-10-1999

Subject : Sales Tax

Acts : Kerala General Sales Tax Act, 1963 - Sections 17 and 17(6); Finance Act, 1993; Kerala General Sales Tax Rules, 1963 - Rule 32(21)

Reported in : [2000]119STC236(Ker)

of the assessments, then the entire assessments will be bad and likely to be struck down. By the Finance Act, 1993, the Legislature amended Section 17 of the Act and included Section 17(6). under Section 17(6), the maximum period … have the account records up to the year 1988-89. Petitioner brought to the notice of the authorities Rule 32(21) of the Kerala General Sales Tax Rules, 1963 (hereinafter referred to as 'the Rules'), which reads thus :'Accounts

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Feb 19 2001

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

Court : Income Tax Appellate Tribunal ITAT

Decided on : Feb-19-2001

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 … Court in the case of Banwari Paper Mills (P) Ltd. v. Dy. CIT and Ors. (1997) 228 ITR 320 (All). Gauhati High Court in the case of Sati Oil Udyog Ltd. and Anr. v. CIT and Ors.,

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Dec 27 2004

Assistant Commissioner of Income Vs. Apsara Processors (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Dec-27-2004

Subject : Direct Taxation

Reported in : (2005)92TTJ(Ahd.)645

looking to other provisions which are pari materia to levy of concealment penalty. Section 143(1A), before amendment by Finance Act, 1993 reads as under: "143(1A)(a) Where, in the case of any person, the total income, as a result of … (ITAT) 692 : (2003) 85 ITD 167 (Jp)(TM) (iii) Shivram Art Processors v. Asstt. CIT (2001) 115 Taxman 320 (Ahd)(Mag) (v) Shri Khedut Sahakari Khand Udyog Mandli v. ITO, (1990) 36 TTJ (Ahd) 81H.T. Power Structures Ltd.,

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Aug 26 2014

M/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise

Court : Mumbai

Decided on : Aug-26-2014

Subject : Service Tax

amount of Rs.2,04,39,093/- under provisions of Rule 14 of the Credit Rules read with Section 73 of the Finance Act,1994. In respect of towers and parts thereof, prefabricated building, printers and office chairs, the Commissioner observed that the … CCE Vs. Sai Sahmita Storages Ltd., (2011(23) L.T.R. 341(A.P.)); (d) Bannari Amman Sugars Ltd. Vs. CCE, (2010(250) ELT 326 (Kar); (e) CCE New Delhi Vs. Hindustan Sanitary-ware and Industries Ltd. (2002(145) ELT (SC)); (f) Orders of the

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Mar 19 2020

Rajasthan State Electricity Board Jaipur Vs. The Dy. Commissioner of I ...

Court : Supreme Court of India

Decided on : Mar-19-2020

Subject : Direct Taxation

intention to evade tax and the said claim was only a bonafide mistake. As noted above by the Finance Act, 1993 Section 143(1-A) was substituted with retrospective effect from 01.04.1989. The memorandum explaining the provisions 13 of the Finance Bill … 100% depreciation of Rs. 333,77,70,317/- on written down value of assets instead of 75% depreciation. Under the unamended Section 32(2) of the Income Tax Act, 1961 the assessee was entitled to claim 100% depreciation. However, after the amendment

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Aug 13 2008

B.F. Dittia S/O F.N. Ditya and ors. Vs. the Appropriate Authority, Inc ...

Court : Andhra Pradesh

Decided on : Aug-13-2008

Subject : Direct Taxation

Acts : Income Tax Act - Sections 269UC, 269UD(1), 269UD(1A), 269UD(1B) and 269UC(3); Finance Act, 1993; Constitution of India - Articles 32, 136, 141 and 142

Reported in : (2009)222CTR(AP)390; [2008]307ITR158(AP)

if for the words 'two months', the words 'three months' has been substituted'The second proviso was inserted by Finance Act, 1993 with effect from 1.6.1993.5. In C.B. Gautam : [1993]199ITR530(SC) , the Supreme Court held that the requirement of … or result of operation of statute law or law declared under Articles 32, 136 and 141 of the Constitution. (Ashok Kumar Gupta v. State of … ORDERRamesh Ranganathan, J.1. Exercise of the right of pre-emptive purchase by the Central Government, under Section 269UD(1) of the Income Tax Act, of 'Rustom Villa', a residential building, and the order issued in this

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Apr 11 2003

Steel and Industrial Forgings Ltd. Vs. Deputy Commissioner of Income T ...

Court : Kerala

Decided on : Apr-11-2003

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 143(1A)

Reported in : (2003)183CTR(Ker)394; [2003]264ITR100(Ker)

and this Court was concerned with the validity of the amended provisions of Section 143(1A) made by the Finance Act, 1993, with retrospective effect from 1st April, 1989. The senior counsel submitted that it is in the above context … leviable especially since the levy has been made with respect toredetermination of depreciation governed by the provisions of Section 32(2) of theAct?' . . ....2. Whether additional tax under Section 143(1A) was attracted having regard to the retrospective

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