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Commissioner of Income Tax and anr. Vs. Dr. C. Balakrishnan Nair and a ...

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 54, 132, 132(1), 132(3), 132(4), 132(9A), 132(13), 147, 154 and 158B to 158BH; Finance Act, 1995; Income Tax Rules, 1962 - Rules 112, 112A and 112C; Code of Criminal Procedure (CrPC) ; Constitution of India - Articles 14, 19(1), 20(3) and 21

Reported in : (2005)199CTR(Ker)279; 2006(3)KLT251

Section 158BC on 13th June, 1996. Chapter XIV-B consisting of Sections 158B to 158BH was inserted by the Finance Act, 1995, w.e.f. 1st July, 1995. First setting in motion of Chapter XIV-B is to issue notice calling for return … statement given on 27th Oct., 1995 is true, even then there is no tax liability in view of Section 54 of the IT Act.10. In support of the various contentions reference was made to the decision of the

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 … Act because the documents relating to capital gains and the assessed claimed exemption in respect of it under section 54. Without any violation of Income Tax Act the Respondents had no jurisdiction to invoke section 158BC. Accordingly the

Larsen and Toubro Ltd. and ors. Vs. State of Bihar and ors.

Court : Patna

Subject : Sales Tax

Acts : Constitution of India - Articles 286 and 366(29A); Bihar Finance Act, 1981 - Sections 2, 25A, 25A(2) and 25A(7); Bihar Taxation Laws (Amendment and Validation) Act, 1993; Central Sales Tax Act, Sections 3, 4, 5, 14 and 15

Sachchida Nand Jha, J. 1. The vires of Section 25-A of the Bihar Finance Act, 1981 and the related rules and notification regarding deduction of sales tax at source from the contractors' bills … labour charges and other services. It is said that as against total deductions of Rs. 2,11,289 between April, 1995 and March, 1996 vide annexure 4, the tax liability of the said petitioner was assessed at Rs. 17,166.16. … bills has again been called in question in these writ petitions.2. Entry 54 of the State List of the Seventh Schedule to the Constitution of

C.N. Anantharam Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT

Subject : Direct Taxation

Reported in : (2005)2SOT475(Bang.)

deposit.Lot of changes has been effected from the introduction of section 54 by the Finance Acts, such as Finance Act, 1982, Finance Act, 1985 and Finance Act, 1986. The scope of the amendment and effect to these amendments … the first appellate authority in our view is reasonable. The super structure came into existence between 1993 and 1995. The assessee could sell the super structure independent of the land. Because the assessee has sold the land,

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

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 … decision of the Apex Court in National Agricultural Co-operative Marketing Federation of India Ltd. and Another 260 ITR 548 SC, wherein the court was concerned with the nature of amendment made to the provisions of Section 80P(2)(a)(iii).

Mrs. Catherine Thomas Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Cochin

Subject : Direct Taxation

Reported in : (2008)116TTJ(Coch.)797

following submissions : It was argued that the legislature while inserting Sub-section (5) in Section 45 through the Finance Act, 1987 w.e.f. 1st April, 1988 did not provide for cases where enhanced compensation was reduced by any Court, … amount can be assessed in the asst. yr.1995-96 as the assessee was deprived from taking the benefit of Section 54 or 55 as no liquid cash was available with him for investment purpose. The learned Counsel has placed

Mrs. Catherine Thomas Vs. the Dy. Commissioner of

Court : Income Tax Appellate Tribunal ITAT Cochin

Subject : Direct Taxation

Reported in : (2008)111ITD132(Coch.)

the following submissions: It was argued that the legislature while inserting Sub-section (5) in Section 45 through the Finance Act 1987 with effect from 1-4-1988 did not provide for cases where enhanced compensation was reduced by any courts … control then. It was further contended that the assessee was not free to make investments as provided under Section 54, 54F etc as the money was not under his control. The receipt could at best be said to … when the bank guarantee expired i.e. 19-9-1994 i.e. in the assessment year 1995-95 as a result of which the amount assessed in the hands of

Syed Azmath Ali and ors. Vs. Andhra Pradesh State Wakf Board and ors.

Court : Andhra Pradesh

Subject : Trusts and Societies

Acts : Wakf Act, 1995 - Sections 32, 32(2), 54, 54(1), 54(3) and 55; Andhra Pradesh Land Encroachment Act, 1905 - Sections 4(3), 5(2), 6 and 7; Constitution of India - Article 226

Reported in : 2005(4)ALD550

the writ petitioners cannot be disturbed unless and until the procedure contemplated by the provisions of the Wakf Act, 1995, hereinafter referred to as 'Act' for the purpose of convenience, are followed and on the contrary the Standing … huts had been constructed. It is also stated that the 1st respondent without following the procedure contemplated under Section 54 of the Act addressed a letter to the 2nd respondent to evict the petitioners from the land which … the works and execute such works from Wakf Funds or from the finances which may be raised on the security of the properties on the

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 … the context (CGT v. N. S. Getti Chettiar : [1971]82ITR599(SC) ; W. T. Ramsay Ltd v. IRC [1981] 54 TC 101, 184 (HL) ; CITv. Casino (Pvt.) Ltd. : [1973]91ITR289(Ker) ; CIT v. Natu Hansrqj : [1976]105ITR43(Guj)

M/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise

Court : Mumbai

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 … on tower, shelter, prefabricated building and other for the period in dispute:-YearsTowerShelterOthersTotal2004-05174368801478938Chair - 298,738Printer - 1,224,53720,439,1002005-0644142943 441429432006-071591920315384719 313039222007-082658803428174029 54762063Total104087060450376861523282150648028 16. Mr. Sridharan, learned Senior Counsel on behalf of the Appellant has made the following submission in assailing