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Commissioner of Income Tax Vs. Anand theatres

Court : Supreme Court of India

Subject : Direct Taxation

Reported in : (2000)160CTR(SC)492; [2000]110TAXMAN338(SC)

Hotel's case (supra) the Legislature amended the definition of 'plant' in section 43(3) of the Act by the Finance Act, 1995. The amending section clearly shows that the legislative intent was never to exclude cinema and hotel buildings which … to be decided in the background of the specific provisions granting depreciation to buildings, machinery and plant under section 32 of the Income-Lax Act, 1961 (hereinafter referred to as 'the Act). And also to decide whether time has

Commissioner of Income Tax Vs. Dhall Enterprises and Engineers (P) Ltd ...

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32(1) and 42; Finance Act, 1995; Finance Act, 1966; Finance Act, 1983; Finance (No. 2) Act, 1991; Income Tax Rules, 1962 - Rule 5

Reported in : [2006]287ITR435(Guj)

there was no error committed by the Tribunal. He also invited attention to the amendment made by the Finance Act, 1995, whereby the first proviso came to be omitted w.e.f. 1st April, 1996, i.e., asst. yr. 1996-97 and subsequent … this Court:Whether the Tribunal was right in law and on facts in holding that the third proviso to Section 32(1) of the IT Act, 1961, would not be applicable in respect of the plant and machinery which cost

Commissioner of Income-tax Vs. Soundararaja Finance Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32, 32(1), 143(1) and 260A; Finance Act, 1995 - Sections 32; Finance Act, 1966; Finance (Amendment) Act, 1983

Reported in : [2006]283ITR559(Mad)

Matched in: Parties Commissioner of Income-tax Vs. Soundararaja Finance Ltd.

Adar Tea Produce Company Ltd. and anr. Vs. Assistant Commissioner of I ...

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32 and 43(3); Finance Act, 1995; Income Tax Rules, 1962 - Rule 8(2); Taxation Law

Reported in : [2000]244ITR608(Mad)

Balasubramanian, J.1. The above writ petitions are for a writ of declaration to declare Section 12 of the Finance Act, 1995, ultra vires, illegal and void of the Constitution of India.2. Section 12 of the Finance Act, 1995, has … return of income claiming depreciation on tea bushes treating them to be plant and claimed depreciation permissible under Section 32 of the Act. However, the claim of the petitioner for depreciation has become inadmissible due to the modification

Commissioner of Income Tax, Bombay Vs. M/S. Ruia Stud and Agricultural ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32, 43(3) and 256(1); Finance Act, 1995

Reported in : 2000(2)BomCR428; [1999]240ITR312(Bom); 1999(3)MhLj848

controversy has now been set at rest by the amendment of section 43(3) by the Parliament by the Finance Act, 1995 with retrospective effect from the inception of the Act i.e. 1st April, 1962 to exclude tea bushes and … law in holding that horses used for stock-breeding constitute 'plant' so as to be eligible for depreciation under section 32 of the Income-tax Act, 1961?"2. This reference pertains to assessment year 1978-79. The controversy is whether the horses

Association of A.P. Sajjada Nasheens, Mutawallies and Khidmat Guzaran ...

Court : Andhra Pradesh

Subject : CivilElection

Acts : Wakf Act, 1995 - Sections 3, 3(1), 5(1), 10, 13, 13(2), 14, 14(1), 15, 16, 23, 25, 26, 32, 32(1), 32(4), 32(5), 50 to 53, 64, 65 and 109; Wakf Act, 1954 - Sections 6; Wakf (Amendment) Act, 1984 - Sections 10, 66G and 66H; Wakf (Amendment) Act, 1959; Wakf (Amendment) Act, 1964; Wakf (Amendment) Act, 1969; Mussalman Wakf Validating Act, 1913; Mussalman Wakf Validating Act, 1930; Religious Endowments Act, 1863; Shariath Application Act, 1937; Shri Jagannath Temple Act, 1954 - Sections 28B and 28C(9); Dargah Khawaja Saheb Act, 1955; Wakf Act, 1913; Official Trustees Act, 1913; Charitable Endowments Act, 1890; Madras Hindu Religious and Endowments Act, 1927; Madras Hindu Religious and Endowments Act, 1951; Indian Trusts Act, 1882; Bengal Wakf Act, 1934; Andhra Pradesh Charitabl

Reported in : 2010(1)ALT112

religious rites or other activities integrally connected with religion has not been affected in any way. That under Section 32 of the Wakf Act, 1995, the Wakf Board has the power of general superintendence over all wakfs and … Ghulam Mohammed, J.1. These two writ petitions are filed praying this Court to declare provisions of the Wakf Act, 1995 (Central Act 43 of 1995) particularly Section 14 of the Wakf Act, unconstitutional, arbitrary and violative of Articles … the Executive Officer in respect of the certain institutions, strengthening of the finances of the Wakf Board, restrictions on the powers of the Muthawallies in

Morepen Laboratories Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Subject : Direct Taxation

Reported in : (2005)95TTJ(Chd.)404

allowance. The apex Court declared the law by the aforesaid decision by its judgment dt. 15th March, 2000. Section 32 was amended by the Finance Act, 2001. Explanation 5 was added which provided that depreciation would be allowed … submissions as to how claim of depreciation could be revised during such proceedings. Explanation 5 inserted by the Finance Act, 2001, is also of no help to the appellant. It has been held by the Hon'ble Kerala High … effect and so even during the assessment proceedings for the asst. yr. 1995-96, the assessee can claim the same under this Expln. 5 even though

industrial Development Corpn. of Orissa Ltd. Vs. Cit

Court : Orissa

Subject : Direct Taxation

Reported in : [2004]137TAXMAN556(Orissa)

of business activity undertaken by the assessee as can be visualized from the public reported accounts for the finance year 1995-96. The AC failed to pin point as to how and why the assessee did not have … the aforesaid items valued at Rs. 3.39 crores provided the basic conditions for claiming depreciation as prescribed in section 32 are satisfied. He submitted that rest of the items of the machinery on which 100 per cent depreciation … Patnalk, J.This is an appeal under section 260-A of the Income Tax Act, 1961 (herinafter referred to as the Act) against the order dated 7-2-2003

Cargo Clearing Agency (Gujarat) Vs. Joint Commissioner of Income Tax

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 2(7A), 3, 4, 4(1), 32(2), 64, 65, 66, 68, 69, 69A, 69B, 69C, 113, 132, 132A, 132B, 132(5), 132(7), 139, 139(1), 139(5), 142, 142(1), 143, 143(1A), 143(1B), 143(2), 143(3), 144, 145, 147 to 153, 153(2), 158B, 158BA, 158BA(1), 158BA(2), 158BB, 158BB(1), 158BB(2), 158BC, 158BD, 158BE, 158BG, 158BH and 245D; Finance Act, 1995; Finance (No. 2) Act, 1996; Finance (No. 2) Act, 1998; Finance Act, 2001; Finance Act, 2002

Reported in : (2008)218CTR(Guj)541; [2008]307ITR1(Guj)

till date, may be borne in mind to appreciate the controversy. The said Chapter was inserted by the Finance Act, 1995. The scope and effect of the said Chapter has been explained by Central Board of Direct Taxes (CBDT) … Association of Persons (AOP) declaring income of Rs. 5,05,087/- came to be filed.3. On 24.11.1995 search proceedings Under Section 132 of the Income Tax Act, 1961 (the Act) were carried out at the residential premises of three … of brought forward losses under Chapter VI or unabsorbed depreciation under Section 32(2) of the 1961 Act. Hence, one has to read Section 158BB with

Commissioner of Income Central Ii Vs. Suresh N. Gupta

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 4, 4(1), 32, 32(2), 68, 69, 69A, 69B, 69C, 112, 113, 115A, 115AB, 115AC, 115ACA, 115AD, 115B, 115BB, 115BBA, 115E, 115JB, 132, 132A, 132B, 139, 139(1), 142, 142(1), 143, 143(1B), 143(2), 143(3), 144, 147, 148, 158B, 158BA, 158BA(1), 158BA(2), 158BB, 158BB(1), 158BC, 158BH, 161, 161(1A), 164, 164A, 167B, 245D and 245D(4); Finance Act, 2001 - Sections 2(1), 2(2) and 2(3); Finance Act, 2002 - Sections 113; Finance Act, 1995; Constitution of India - Articles 269, 270 and 271

Reported in : (2008)214CTR(SC)274; [2008]297ITR322(SC); JT2008(1)SC208; 2008(1)SCALE99; (2008)4SCC362; 2008AIRSCW1066

2001 was applicable to block assessment under Chapter XIV-B up to 1.06.2002:5. Chapter XIV-B was inserted by the Finance Act, 1995, w.e.f. 1.7.1995. According to the assessee, the said Chapter is a self-contained chapter as it lays down a … effect to set off of brought forward losses under Chapter VI or unabsorbed depreciation under Sub-section (2) of Section 32;(b) of a firm, returned income and, total income assessed for each of the previous years falling within the