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Commissioner of Income Tax, Mumbai Vs. D.P. Sandu Bros. Chembur (P) Lt ...

Court : Supreme Court of India

Subject : Direct Taxation Tenancy

Acts : Income Tax Act, 1961 - Sections 2(24), 10(3), 14, 45, 48, 55(2) and 56; Finance Act, 1994; Income Tax Act, 1922

Reported in : AIR2005SC796; 2005(5)ALLMR(SC)545; [2005]273ITR1(SC); JT2005(2)SC226; (2005)2SCC584

situation created by the decision in Srinivasa Setty and the subsequent decisions of the High Court that the Finance Act 1994 amended Section 55(2) to provide that the cost of acquisition of inter-alia a tenancy right would be taken

Smt. Gulab Sundri Bapna Vs. Dy. Cit

Court : Delhi

Subject : Direct Taxation

Reported in : [2001]79ITD455(Delhi)

sought to tax. It is important in this connection to note that section 55(2)(a) was substituted by the Finance Act, 1994 with effect from 1-4-1995 including the tenancy rights, inter alia within the definition of 'capital asset' having cost

Commissioner of Income-tax and ors. Vs. B.K. Roy Pvt. Ltd.

Court : Kolkata

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 10(3), 45, 55 and 263; ;Finance Act, 1994 - Section 55

Reported in : [2001]248ITR245(Cal)

now such kind of incomes have been specifically mentioned as capital gains. This has been introduced by the Finance Act of 1994 with effect from April 1, 1995. Thus it is not necessary for us to determine which … casual and non-recurring receipt. But this question is now no more res integra in view of the amended Section 55 of the Income-tax Act and now such kind of incomes have been specifically mentioned as capital gains. This

M/S. Samtech Industries and Others Vs. C.C.E. Kanpur and and Others

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi

Subject : Service Tax

Penalty, If any imposed 1. M/s.Samtech Ind. 17/ST/Comm./2011,dt.16.8.11passed by CCE, Kanpur Rs.1,84,92,181 along with interest u/s 75 of Finance Act, 1994 Rs.1,84,92,181 u/s 78 and Rs. 5000/- u/s 77 and Rs.200/- per day u/s 76. 2. M/s.Paramax Electronics Pvt. … customers were for repair of transformers, that when repair and maintenance service is taxable and in term of section 67 of the Finance Act, 1994, service tax is chargeable on the gross amount charged, value of the

Commissioner of Income Tax Vs. Gotan Lime Stone Khanij Udhyog

Court : Rajasthan

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 43B, 45(1), 48 and 55(2); Rajasthan Land Tax Act

Reported in : (2004)186CTR(Raj)125; [2004]269ITR399(Raj)

this interpretation is CIT v. B.C. Srinivasa Setty : [1981]128ITR294(SC) .In order to overcome the judicial interpretation, the Finance Act, 1987, w.e.f. 1st April, 1988, has provided in Section 55(2)(a) that cost of acquisition in case of self- … 49. If these provisions are applicable then they are applicable from 1st April, 1993 i.e., for asst. yr. 1994-95. Here before us the issue is for asst. yr. 1988-89. Therefore, the amended provisions are not applicable in

Commissioner of Income-tax-18 Vs. Sambhaji Nagar Co-op. Hsg. Society L ...

Court : Mumbai

Subject : Direct Taxation

B.C. Srinivasa Shetty (1981) 128 ITR 294 (SC) and the subsequent decisions of the High Court that the Finance Act, 1994, amended section 55(2) to provide that the cost of acquisition of, inter alia, a tenancy right would be

The Principal Commissioner of Income Tax, vs Smt.Gracy Babu,

Court : Kerala

decision in B.C. Srinivasa Shetty (128 ITR 294) (SC) and thesubsequent decisions of the High Court that the Finance Act, 1994, amended section 55(2) to provide that the cost of acquisition of, inter alia, a tenancy right. would be

The Principal Commissioner of Income Tax, vs Gracy Babu,

Court : Kerala

decision in B.C. Srinivasa Shetty (128 ITR 294) (SC) and thesubsequent decisions of the High Court that the Finance Act, 1994, amended section 55(2) to provide that the cost of acquisition of, inter alia, a tenancy right. would be

The Principal Commissioner of Income Tax vs M/S.Carmel Education Trust

Court : Kerala

decision in B.C. Srinivasa Shetty (128 ITR 294) (SC) and thesubsequent decisions of the High Court that the Finance Act, 1994, amended section 55(2) to provide that the cost of acquisition of, inter alia, a tenancy right. would be

The Principal Commissioner of Income Tax,(Central), vs Smt.Gracy Babu

Court : Kerala

decision in B.C. Srinivasa Shetty (128 ITR 294) (SC) and thesubsequent decisions of the High Court that the Finance Act, 1994, amended section 55(2) to provide that the cost of acquisition of, inter alia, a tenancy right. would be