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Deputy Commissioner of Income Tax, Ahmedabad Vs. Core Health Care Ltd.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28 to 41, 43, 43(1), 80HH, 80I, 90(2) and 260A; Finance Act, 1986 - Sections 43(1); Finance Act, 2003

Reported in : 105(2008)CLT433(SC); (2008)215CTR(SC)1; [2008]298ITR194(SC); JT2008(2)SC367; 2008(2)SCALE327; (2008)2SCC465; 2008AIRSCW1425

directly or indirectly by any other person or authority. Explanation 8 has been inserted in Section 43(1) by Finance Act, 1986 (23 of 1986), with retrospective effect from 1.4.74. It is important to note that the word 'actual … of civil appeals we are concerned with the assessment years 1992-93, 1993-94, 1995-96 and 1997-98. A proviso has since been inserted in Section 36(1)(iii) of … capital assets not put to use in the concerned financial year can be permitted as allowable deduction under Section 36(1)(iii) of the Income-tax Act, 1961? 5. According to the Department, the assessee was not entitled to treat the

Gtc Industries Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2007)104ITD86(Mum.)

provisions of bad and doubtful debts but it is pertinent to note that this Explanation (inserted by the Finance Act, 2001 though with retrospective effect from 1-4-1989. Thus, it is evident that this Explanation is not available for … present case, the order under Section 154 was passed on 17-6-1996. The Department's contention that the Explanation to Section 36, Sub-section (1), Clause (7) of the Income-tax Act, clearly speaks of disallowability of provisions of bad and doubtful

M/S Idfc Limited vs the Asst Commissioiner of

Court : Chennai

between the two types of deduction. The deduction allowable under Section 36(1) (viii), after its amendment under the Finance Act, 1995, is on the profits derived from business. The deduction allowable under Section 36(1)(viia)(c) is on the total income.

Smartchem Technologies Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2005)97TTJ(Ahd.)818

depreciation as applicable to intangible assets. (i) The appellant invited our attention to the Explanatory Memorandum to the Finance Act, 1998, for making an amendment in Section 32 thereby allowing depreciation to be claimed in case of intangible … issue relates to the consideration of delayed payment of employees' contribution to PF as not deductible under Section 36(1)(va) of the Act. (iii) The third issue relates to disallowance of assessee's claim of deduction of the amounts

Kiran Corporation Vs. the Asstt. C.i.T.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2006)102TTJ(Ahd.)375

the Income-tax Act and contended that Explanation to Section 36(1)(vii) applied in this case was introduced, by the Finance Act, 2001 with retrospective effect from 1.4.1989. The aforesaid Explanation, was not applicable when the return for the relevant

M/S Idfc Limited vs the Asst Commissioiner of

Court : Chennai

distinction between the two types of deduction. The deduction allowable under Section 36(1)(viii), after its amendment under the Finance Act, 1995, is on the profits derived from business. The deduction allowable under Section 36(1) (viia)(c) is on the total

M/S Idfc Limited vs the Asst Commissioiner of

Court : Chennai

distinction between the two types of deduction. The deduction allowable under Section 36(1)(viii), after its amendment under the Finance Act, 1995, is on the profits derived from business. The deduction allowable under Section 36(1)(viia)(c) is on the total income.

M/S.Rural Electrification Corporation Ltd. Vs. Commissioner of Income ...

Court : Authority for Advance Rulings

Subject : Land Acquisition

Matched in: Advocate Present for the Applicant Mr.Pradeep Dinodia, FCA Mr. D.S.Ahluwalia, GM, REC Mr. Rakesh Sareen, DGM (Finance)REC Mr. Murlidharan, CM(FandA), REC Present for the Department Mr.Pravin Rawal, Dy.Commissioner of Income-Tax (L.T.U.).

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 … exceeding Rs. 20,000 at a time. The first payment was made on April 30, 2000 amounting to Rs. 36,000 and the second payment on June 16, 2000 amounting to Rs. 34,000. The assessee has produced before us

Apsfdc Ltd., Employees Union Vs. Govt. of A.P. and Another

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : Payment of Bonus Act, 1965 - Sections 36; Constitution of India - Article 12, 21, 226; Indian Companies Act, 1956 - Sections 8, 10, 11, 19, 20 & 22

Reported in : 2001(1)ALD229; 2001(1)ALT99; (2001)ILLJ1002AP

of the power under Section 36 of the Act. The record contains a DO letter addressed by the Finance Department to the Principal Secretary to Government, Environment, Forest, Science and Technology Department, in which it is inter … void and inoperative.2. The first respondent herein by the impugned Governmental Order in exercise of the power under Section 36 of the Payment of Bonus Act, 1965 kept the operation of all the provisions of the said Act