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Babu Lal and ors. Through Its Partner Babu Lal Vs. Director of Income- ...

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 120, 132, 132(1), 132(3), 132A, 148, 157BC, 158B, 158BC, 184 and 278D(2); Income Tax Act, 1992 - Sections 34(1); Taxation Laws (Amendment) Act, 1975; Stamp Act, 1899 - Sections 73; Finance Act, 1995; Income Tax Rules, 1962 - Rule 112(1); Constitution of India - Articles 21, 226 and 227

Reported in : (2005)198CTR(All)274; [2006]281ITR70(All)

provisions of Section 132 and Chapter XIV-B of the Act, explaining that Chapter XIV-B was inserted by the Finance Act, 1995 laying down a special procedure for assessment in search cases. It deals with assessment of a block period … the Hon'ble Supreme Court upheld the judgment of the Andhra Pradesh High Court, by which the amendment in Section 73 of the Stamp Act, 1899 by the State of Andhra Pradesh, authorising the designated officer to impound and

Deputy Commissioner of Income Tax Vs. Venkateswar Investment and

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2005)93ITD177(Kol.)

business income and has substantial interest income, it does not imply that the company's principal business is of finance or granting of loans. Similarly, the company, the principal business of which is granting of loans and advances, … that loans and advances were Rs. 1.58 crores as on 31st March, 1995, Rs. 1.57 crores as on 31st March, 1996 and Rs. 31.15 lakhs … be said to be having principal business of granting loans and advances and not hit by Explanation to Section 73 of the IT Act merely because in the preceding assessment years the assessee was not dealing in shares

Indian Refrigeration Industries Vs. Commr. of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Land Acquisition

Reported in : (2003)(154)ELT659TriDel

Central Excise Act was inserted with effect from 26-5-95 in the Central Excise Act by Section 73 of Finance Act 1995 which provides that subject to the provisions contained in Section 11AB where a person fails to pay the

The Commissioner of Income-tax. Vs. Shri Bharat R. RuiA.

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 43(3), 43(5) ; Securities Contracts (Regulation) Act, 1956 - Sections 2(ac), 2(h), 18A ;

argument advanced on behalf of the assessee that clause (d) inserted to the proviso to Section 43(5) by Finance Act, 1995 with effect from 1/4/2006 is clarificatory and hence retrospective in nature, cannot be accepted, because, firstly, the legislature … for set off of the carried forward business losses not being a loss sustained in a speculation business. Section 73 provides that the carried forward losses in speculation business shall not be set off except against profits and

intech Engg. and Services (P) Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Subject : Service Tax

Reported in : (2003)(154)ELT226Tri(Chennai)

the issue on 11-11-1992. Since Section 11AA was introduced with effect from 26-5-1995 vide Section 73 of the Finance Act, 1995 (22 of 1995), interest is required to be paid from 26-8-1995 (i.e. three months after the introduction of

Sterlite Industries (India) Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2006)102TTJ(Mum.)53

a straight line method of depreciation. He further pointed out that proviso appended in Section 115JA by the Finance Act, 1997, was not available in asst. yr. 1989-90 vide which depreciation has to be calculated on the same … on account of loss on sale of investment. Learned AO disallowed the loss by applying Explanation appended to Section 73 of the Act. The learned first appellate authority has allowed the loss to the assessee on the ground … made any disallowance. He further pointed out that in asst. yrs. 1993-94, 1995-96 and 1997-98, the assessee relied upon the decision of Hon'ble Bombay High

Shree Synthetics Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Indore

Subject : Direct Taxation

Reported in : (1997)61ITD253Indore

I.T. Act are concerned. Referring to the provisions of section 80M and the amendment brought about by the Finance Act, 1993, w.e.f. 1-4-1994, the CIT observed that if for the purpose of relief under section 80M, units of … for Rs. 4,53,60,000 thereby incurring a loss of Rs. 61,60,000 on sale of units. Under the provisions of section 73 of the I.T. Act, if any company not being an investment company or financial company, deals in purchase

Ebiz.Com Pvt. Ltd. Vs. Union of India and Others

Court : Delhi

Subject : Service Tax

whether the DGCEI was conscious of the pending proceedings and show cause notices issued by the CST under Section 73 (1) of the Finance Act, 1994 and the proceedings consequent thereto. This aspect is significant since the invocation … on 19th and 21st January 2016 by the DGCEI are illegal and ultra vires the provisions of the Finance Act, 1994 ( FA ). Respondent No. 3 was impleaded pursuant to the order dated 28th January, 2016 passed … and the earlier decisions in G. L. Didwania v. Income Tax Officer 1995 Supp (2) SCC 724 and K. C. Builders v. Assistant CIT (2004)

Engineering Analysis Centre Of Excellence Private Limited Vs. The Comm ...

Court : Supreme Court of India

Subject : Direct Taxation

he submitted that the retrospective amendment to section 9(1)(vi) of the Income Tax Act brought in by the Finance Act 2012, which added explanation 4 to the provision and expanded its ambit with effect from 01.06.1976, could also … similar technology, was only regulated by the Parliament for the first time through the Cable Television Networks (Regulation) Act, 1995, much after 1976. For all these reasons, it is clear that explanation 4 to section 9(1)(vi) of the … grant any such right or interest, least of all, a right or 73 interest to reproduce the computer software. In point of fact, such reproduction

M/S Bharti Airtel Ltd. versus the Commissioner of Central Excise, Pune

Court : Supreme Court of India

Subject : Service Tax

Reported in : [2024]11S.C.R.1525

of Property Act, 1882; Sale of Goods Act, 1930; Central Excise Tariff Act, 1985; Central Excise Act, 1944; Finance Act, 1944; The Central Goods And Services Tax Act, 2017; The Central Sales Tax Act, 1956; The Customs Act, … (P) Ltd. v. Collector of Central Excise, U.P. (1995) 2 SCC 372 1995 and Mittal Engineering Works (P) Ltd. v. Collector of Central Excise, Meerut … liable for penalty recoverable from it under the provisions of Rule 14 of the CENVAT Rules read with Section 73 of the Central Excise Act. According to the Revenue, the Assessee had claimed and used credit in respect