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Nov 09 2005

20 Microns Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Nov-09-2005

Subject : Land Acquisition

2505.30 2505.40, 2505.50, 2505.60, 2505.70 & 2505.90 under heading 25.05. These subheadings remained till the enactment of the Finance Act, 1995.2.5 By the said Finance Act, 1990, Note 2 to chapter 25 as it stood immediately prior thereto was

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Nov 26 1998

B. Noorsingh Vs. Union of India and ors.

Court : Chennai

Decided on : Nov-26-1998

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 132, 139(1), 139(4), 142(1) and 158B to 158BH; Constitution of India - Articles 14 and 226; Finance Act, 1995

Reported in : [2001]249ITR378(Mad)

them that Chapter XIV-B consisting of sections 158B & 158BH was inserted in the Income-tax Act by the Finance Act, 1995, with effect from July 1, 1995.8. The assumption made in the scheme of the Act that a person

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Aug 06 1996

Sohanlal Mundra and ors. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Aug-06-1996

Subject : Direct Taxation

Reported in : 1996WLC(Raj)UC415; 1996(2)WLN604

newly inserted Chapter XIV-B of the Income Tax Act consisting of Section 158-B to Section 158-BH by the Finance Act 1995 which has been made enforceable w.e.f. 1.7.1995. According to Section 113 of Income Tax Act the total undisclosed

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Jul 26 2004

Shadi Ram and Sons Vs. the Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Lucknow

Decided on : Jul-26-2004

Subject : Direct Taxation

Reported in : (2005)92ITD22Luck

Due to divergent views on this issue, the amendments were brought to Section 234B of the Act by Finance Act, 1995 with retrospective effect from 1.4.89. As per this amendment, in Section 234B the words "or regular assessment on … jurisdiction of levying interest, we admit these additional grounds and proceed to adjudicate the same.6. Part F of Chapter XVII was brought on the statute by Direct Tax Laws (Amendment) Act. 1987. w.e.f. 1.4.89. This part deals

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Apr 26 2006

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Decided on : Apr-26-2006

Subject : Direct Taxation

Reported in : (2007)288ITR226(Hyd.)

to various years covered by the block assessment. We find that second proviso to Section 7(2) of the Finance Act, 1995, specifically provides that "the amount of income-tax computed in accordance with the provisions of Section 112 or 113 … position in respect of levy of surcharge in a block assessment is totally different. It is pleaded that Chapter-XIVB is a self-contained code for the computation of undisclosed income and also for bringing it to tax, and

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Mar 30 2007

Manisha Construction Vs. the Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Mar-30-2007

Subject : Direct Taxation

proceedings as provided under the newly inserted Sub-clause (A) of Clause (c) of Section 158BB(1) inserted by the Finance Act, 2002 with retrospective effect from 1-7-1995.14. We have considered the rival contentions of both the parties and have … to provisions of Section 158BB(1) providing the manner of computation of undisclosed income of any block period under Chapter XIVB of the Act. Section 158BB reads as under: 155BB(1). The undisclosed income of the block period shall

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May 27 1999

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

Court : Delhi

Decided on : May-27-1999

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 … small amount of salary paid to its expatriate employees. The Assistant Commissioner issued a letter on 28th March, 1995, calling for information under section 133(6) of the Income Tax Act about the salary, etc., paid to expatriate … tax as required to be deducted by or under the provisions of Chapter XVII-B, the liability to penalty arises unless such failure is proved to

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Apr 23 2003

Devang S. Desai Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Apr-23-2003

Subject : Direct Taxation

Reported in : (2004)90ITD107(Mum.)

is pertinent to mention that under the definition of "undisclosed income" certain words have now been inserted by Finance Act, 2002 which are w. r. e. f. 1st July, 1995 which read, "or any expense, deduction or allowance … the facts of the case and the relevant provisions of the IT Act concerning the assessment provisions under Chapter X1VB of the IT Act, 1.2 The learned Dy. CIT ought to have strictly followed the procedure for

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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 … nor the use of said goods in providing output service. Subsequently, information about use of the goods and Chapter heading under the Central Excise tariff was called for from the appellant. The same was, thereafter, furnished by

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Feb 12 2009

Karnataka Woods and Plywoods Vs. Union of India (Uoi) and ors.

Court : Karnataka

Decided on : Feb-12-2009

Subject : Excise

Acts : Central Excises Act, 1944 - Sections 11A, 11A(2), 11AA, 11AB and 35L; Central Excise Tariff Act, 1985; Finance Act, 1995; Parent Act; Constitution of India - Articles 226, 227 and 265; Central Excise Rules, 1944 - Rule 173G and 173I

Reported in : 2009(171)LC1(Karnataka); 2009(4)KarLJ683

the assessee, the Legislature introduced the provisions of Section 11AA of the Central Excise Act by way of Finance Act, 1995 and with effect from 26-5-1995.Section 11AA reads as under:Section 11AA. Interest on delayed payment of duty.-(1) Subject to … assessee was not accepted, but, the classification by the authority was as block boards dutiable under Entry 4408.90, Chapter 44 of the Schedule to the Central Excise Tariff Act, 1985.5. The assessee was not very happy with

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