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Bari Doab Bank Ltd. Vs. Union of India and Others

Court : Delhi

Subject : Company

Acts : Companies Act, 1956 - Sections 58A, 235, 391, 392, 433, 434 and 583; Banking Regulation Act, 1949 - Sections 45(2); Constitution of India - Article 226

Reported in : AIR1998Delhi95; [1997]89CompCas438(Delhi)

3 is concerned, about 10 months back, one Mr. Vakil allegedly of Vatsa International Ltd. - a non-banking finance company - supposed to be based at Bombay, called upon the ex-director of the petitioner-bank, namely, Mr. Janak … indicators of the petitioner-bank for the years ended March, 1993, 1994 and 1995 are as under : (Rupees in lakhs)1993 1994 1995(i) Paid-up capital 2 … manner prejudice the exercise by the Central Government of its powers under clause (b) of sub-section (4) of section 35 of the said Act or the exercise by the Reserve Bank of India of its powers under section

Addl. Cit Vs. Kwality Frozen Foods Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Service Tax

Reported in : (2005)1SOT243(Mum.)

retrospective in operation. The term "trademark" has been brought in section 55(2) by the Finance Act, 2001 through section 35 thereof.Section 32 of the Finance Act, 2001 reads as follows: "....Amendment of section 55.In section 55 of the … sale of trademark as such was brought into the provisions of section 55(2) through the amendment by the Finance Act, 2001. The said amendment brought in by the Finance Act, 2001 is effective only from assessment year 2002-03. … This appeal is filed by the revenue. The relevant assessment year is 1995-96. This appeal is directed against the order passed by the CIT (A)-XLIV

H.B. Stockholdings Ltd. Vs. Joint Cit

Court : Delhi

Subject : Direct Taxation

Reported in : (2004)87TTJ(Del)127

wherein it has been held that 'Chapter XIV-B consisting of sections 158B to 158BH, was inserted by the Finance Act, 1995 with effect from l-7-1995 and section 113 was also simultaneously introduced by the Finance Act, 1995 with effect … Ground Nos. 1 to 8 are against the sustenance of addition of the following amounts, totalling to Rs. 35,95,34,493:Financial yearAmount1993-94 4,24,55,6521994-9512,18,01,3391995-9615,12,37,6201996-974,40,39,8822.1 Ground No. 13 is against not allowing the benefit of loss sustained at Rs. 10,30,23,882 claimed

Ericsson Telephone Corporation Vs. Commissioner of Income-tax

Court : Authority for Advance Rulings

Subject : Direct Taxation

Reported in : (1997)224ITR203AAR

India AB Vs.Income Tax Act, 1961 - Sections 9(1), 28 to 44C, 44D, 115A, 195(2), 245R and 245R(2); Finance Act, 1995; Agreement for Advance Avoidance of Double Taxation Between India and Sweden - Articles 7, 7(3) and 13 1. … Appellants: Ericsson Telephone Corporation India AB Vs.Income Tax Act, 1961 - Sections 9(1), 28 to 44C, 44D, 115A, 195(2), 245R and 245R(2); Finance Act, 1995; Agreement for Advance Avoidance of … during the period were Rs. 13,84,70,250 and the net profits were Rs. 35,27,289 which works out to even less than three per cent. The case

income-tax Officer Vs. Kenaram Saha and Subhash Saha and

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2008)301ITR171(Kol.)

the circumstances spelt out in Circular No. 220 were inclusive by way of examples and not exhaustive.5. That Finance Act, 1995 amended Section 40A(3) with effect from April 1, 1996, by which disallowance under Section 40A(3) was reduced to … spelt out in the memorandum explaining the provisions in the Finance Bill, 1995 ([1995] 212 ITR (St.) 326, 356). As per the above Explanation, Clause (j) was introduced at a time when banking facilities had yet to

M/S.Malaysian Airlines. M/S.Saudi Arabian Airlines. and ors Vs. the Un ...

Court : Mumbai

Subject : Service Tax

Acts : Constitution Of India - Article 226

under Article 226 of the Constitution of India are challenging imposition of penalty under section 38(3) of the Finance Act, 1979 ("Finance Act" or "Act" for short) for delay in payment of Foreign Travel Tax ("FTT" for short) … has paid FTT in the Government treasury. For the months of July, 1995; December, 1996; and November, 1997, there was delay in payment of FTT … on the Carrier who fails to pay the foreign travel tax to the credit of Central Government under section 35(2) not less than onefifth, which may extend to three times the amount of tax not paid to Central

Tips Cassettes and Record Co. Vs. Asstt. Cit

Court : Mumbai

Subject : Direct Taxation

Reported in : (2002)76TTJ(Mumbai)396

elaborate discussions on various aspects. It has been found that the provisions of section 35A were introduced by Finance Act, 1966, to allow deduction of expenditure incurred on acquisition of copyrights. Prior to this, the same was allowed … nature in case it is held that the same is not capital in nature then the provisions of section 35 do not apply and the expenditure has to be considered under section 37 of the Income Tax Act.(v) … type of additions are subject-matter of appeal from assessment years 1990-91 to 1995-96. In all these years, the assessing officer has hold the expenditure as

Jayasree Financiers (Regd.) Vs. Bejawada Venkatachalapathy and anr.

Court : Andhra Pradesh

Subject : Civil

Acts : Indian Stamp Act, 1899 - Sections 35; Provincial Small Causes Courts Act, 1887 - Sections 17(1), 24 and 25; Finance Act, 1994; Limitation Act, 1963 - Sections 14; Code of Civil Procedure (CPC) , 1908 - Sections 7, 9, 35A, 91, 92, 94, 95, 96 to 112, 115 and 141 - Order 2, Rule 1 - Order 6, Rule 17 - Order 7, Rule 10A - Order 10, Rule 3 - Order 13, Rule 3 - Order 15, Rule 4 - Order 18, Rules 5 to 12 - Order 43, Rule 1(W) - Order 47, Rules 2, 3, 5, 6 and 7 - Orders 41 to 45 and 50; Berar Small Cause Courts Law, 1905

Reported in : 2007(5)ALD298

Sambasiva Rao v. Thadawarthi Balakotaiah 0044/1973 : AIR1973AP342 , after recording reasons and also the relevant provisions of Finance Act 32/94 dated 13.5.1994 and the Schedules thereunder, came to the conclusion that the suit document is insufficiently stamped … is filed as against an order made in AS No. 66 of 1995 on the file of Additional District Judge, Madanapalle. The said appeal was … Memorandum of Grounds of Second Appeal reads as hereunder:The lower Court has erred in rejecting the plaint under Section 35 of Indian Stamp Act. The lower Courts ought to have seen that the said provision can be invoked

Tips Cassettes and Record Co. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2002)82ITD641(Mum.)

elaborate discussions on various aspects. It has been found that the provisions of Section 35A were introduced by Finance Act, 1966, to allow deduction of expenditure incurred on acquisition of copyrights. Prior to this, the same was allowed … The learned CIT(A) vide the order No. CIT(A)/XIX/AC.(Inv)/Cir, 27(1)/IT/392/1994-95, dt. 13th Oct., 1995, has held that these expenditures are revenue in nature and the case … nature in case it is held that the same is not capital in nature then the provisions of Section 35 do not apply and the expenditure has to be considered under Section 37 of the IT Act. (v)

Great Galleon Limited and ors. Vs. the Union of India (Uoi) and anr.

Court : Madhya Pradesh

Subject : Civil

Reported in : 2009(3)MPHT356

manufacturing activity and is not covered by 'packaging activity' as defined in Section 65 (76 g) of the Finance Act, 2005 read with definition of 'taxable service' in Section 65 (105) (zzzf) of the Service Tax Act.(2) Whether … this Court while upholding a notification issued by the State Government of Madhya Pradesh under the M.P. Excise Act, 1995, held that the State is competent to legislate because bottling is a part of manufacturing process.But we also … filed W.A. No. 718/06. When the said appeal was pending, I.A. No. 3540/07 was filed seeking permission for withdrawal of the appellant No. 3, namely,