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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 … the amount of Rs. 35 lakhs was taxable as 'income from other sources' under Section 10(3) read with Section 56. The assessee appealed to the Commissioner of Income Tax (Appeals) who came to the conclusion that the assessee

Smt. L.V. Sankeshwar, Proprietrix, Vijayanand Travels and ors. Etc. Et ...

Court : Karnataka

Subject : Service Tax

Acts : Karnataka Motor Vehicles Act - Sections 49; Motor Vehicles Act 1988 - Sections 2, 2(7), 2(40) and 2(43); Finance Act 1994 - Sections 65, 65(38), 65(48), 65(62), 65(72) and 65(78); Expenditure Tax Act 1987; Service Tax Act, 1994; Finance Act 1997; Constitution of India - Articles 14, 248, 248(2) and 366(29A)

Reported in : (2006)206CTR(Kar)274; 2006(112)ECC188; 2006LC188(Karnataka); 2006[4]STR257; [2007]6STT31

tour operators, whose services are brought under the 'Service Tax' net by the Finance Act 1997 (by amending Finance Act 1994) which came into force with effect from 01.09.1997 vide Notification No. 37/97 (dated 22-8-97).The petitioners being the owners … Parliament to enact the Service Tax Law by referring to entries-54 and 56 of List-II of the VII Schedule of the Constitution. According to the … petitioners being the owners of contract carriages and taxies have obtained the tourist permits under the provisions of Section 49 of the Karnataka Motor Vehicles Act (hereinafter referred to as 'M.V. Act' for short) in respect of

Cadell Weaving Mill Co. P. Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 2(14), 2(24), 2(47), 10, 10(3), 10(13), 14, 17(3), 28, 41, 45 to 55, 55(2), 56, 59, 115J and 253; Bombay Rent Act; Finance Act, 1987 - Sections 55(2); Direct Tax Laws (Amendment) Act, 1989

Reported in : 2001(3)ALLMR108; (2001)166CTR(Bom)7; [2001]249ITR265(Bom)

of a motor car used for personal purposes would result in a revenue income. That, even after the Finance Act, 1994, consideration arising from the transfer of tenancy in cases where the tenant had no right to sublet, would … the meaning of Section 10(3) of the Income-tax Act, 1961, and as such is exigible to tax under Section 56 of the Act ?'2. The above question was answered against the assessee. Hence, the assessee-Cadell Weaving Mill Co.

ipur Gram Panchayat, Guntur District Vs. Government of Andhra Pradesh ...

Court : Andhra Pradesh

Subject : ConstitutionTrusts and Societies

Acts : Andhra Pradesh Gram Panchayat Act, 1994 - Sections 56(1), 65(1) and 80(1); Andhra Pradesh Gram Panchayat Act, 1964 - Sections 217; Constitution of India - Article 162; Andhra Pradesh (Andhra Area) Compulsory Labour Act, 1858; Andhra Pradesh Farmers Management of Irrigation Systems Act, 1977 - Sections 17 and 22

Reported in : 2000(5)ALD24; 2000(4)ALT678

of Demand Draft is not supported by any authority of law.19. The respondents referred to G.O. Ms. No.879, Finance (PWD) Department, dated 19-4-1964 in their counter in support of their contention. I have gone through the said … Ipur Gram Panchayat and this tank vested in the Gram Panchayat under Section 56(l)(b) of Gram Panchayat Raj Act, 1994 (hereinafter referred as 'Act 1994') corresponding section being Section 65(1)(b) of the old Act and the Gram panchayat

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

Court : Kolkata

Subject : Service Tax

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 the … the petitioner was basically engaged in 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) Thereafter, the respondent did not proceed

The Principal Commissioner of Income Tax vs Jose Thomas

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 … and gains of business or profession;(E) Capital gains;(F) income from other sources unless otherwise, provided in the Act.(15) Section 56 provides for the chargeability of income of every kind which hasnot to be excluded from the total income

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 … and gains of business or profession;(E) Capital gains;(F) income from other sources unless otherwise, provided in the Act.(15) Section 56 provides for the chargeability of income of every kind which hasnot to be excluded from the total income

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 … and gains of business or profession;(E) Capital gains;(F) income from other sources unless otherwise, provided in the Act.(15) Section 56 provides for the chargeability of income of every kind which hasnot to be excluded from the total income

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 … and gains of business or profession;(E) Capital gains;(F) income from other sources unless otherwise, provided in the Act.(15) Section 56 provides for the chargeability of income of every kind which hasnot to be excluded from the total income

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 … and gains of business or profession;(E) Capital gains;(F) income from other sources unless otherwise, provided in the Act.(15) Section 56 provides for the chargeability of income of every kind which hasnot to be excluded from the total income