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May 30 2005

Binny Limited Vs. the Acwt, Jt. Cwt, Special Range Vi

Court : Income Tax Appellate Tribunal ITAT Chennai

Decided on : May-30-2005

Subject : Direct Taxation

Reported in : (2006)280ITR179(Chennai)

of stock-in-trade, but this limit was originally fixed at 3 years from the date of acquisition by the Finance Act, 1993 and the limit of 3 years was extended to 5 years by the Finance Act, 1994, w.e.f. … Boat Club Road Guest House on the basis of sale agreement as this property was sold in December, 1995 at Rs. 90,90,000 per ground, after allowing discount in conformity with the cost of inflation index. In case … a reference to Board of Industrial Financial Reconstruction (in short BIFR) under Section 15 of the Sick Industrial Companies (Special Provision) Act in May, 1993. … 18%. Similarly in case of Rother House, Bangalore, the aggregate area is 79,280 sq.ft., built area is 6111 sq.ft. and therefore unbuilt area is 73,169

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May 30 2005

Binny Ltd. Vs. Asstt. Cwt, Central Circle Ii(4)

Court : Income Tax Appellate Tribunal ITAT Chennai

Decided on : May-30-2005

Subject : Direct Taxation

Reported in : (2005)96ITD500(Chennai)

of stock-in-trade, but this limit was originally fixed at 3 years from the date of acquisition by the Finance Act, 1993 and the limit of 3 years was extended to 5 years by the Finance Act, 1994, with … Boat Club Road Guest House on the basis of sale agreement as this property was sold in December, 1995 at Rs. 90,90,000 per ground, after allowing discount in conformity with the cost of inflation index. In case … a reference to Board of Industrial Financial Reconstruction (in short BIFR) under section 15 of the Sick Industrial Companies (Special Provisions) Act in May, 1993. … cent. Similarly in case of Rother House, Bangalore, the aggregate area is 79,280 sq.ft. built area is 6,111 sq. ft. and therefore unbuilt area is

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Feb 08 2005

Peerless Securities Ltd. Vs. Joint Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Feb-08-2005

Subject : Direct Taxation

Reported in : (2005)60SCL59NULL

as ships, vehicles, books, scientific apparatus and surgical equipment, used for the purpose of business or profession. The Finance Act, 1995 amended the definition with retrospective effect from 1-4-1962 to state that the work 'plant' does not include tea … Kolkata Bench of the Tribunal in the case of Ajoy Bhauwala[80 ITD 79] which had been followed in the case of ITO v. Sri Narendra … 1. Under Section 255(3) of the Income-tax Act, 1961 (hereinafter called the Act), the Hon'ble President of the Income-tax Appellate Tribunal

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Feb 08 2005

Peerless Securities Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Feb-08-2005

Subject : Direct Taxation

Reported in : (2005)94ITD89(Kol.)

as ships, vehicles, books, scientific apparatus and surgical equipment, used for the purpose of business or profession. The Finance Act, 1995, amended the definition with retrospective effect from 1st April, 1962 to state that the word 'plant' does not … v. Ajoy Bhauwala (2002) 76 TTJ (Kol) 240 : (2002) 80 ITD 79 (Kol) which had been followed in the case of ITO v. Narendra … 1. Under Section 255(3) of the IT Act, 1961 (hereinafter called the Act), the Hon'ble President of the Tribunal has constituted

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Mar 25 2013

M.H.Jawahirullah Vs. Government of Tamil Nadu

Court : Chennai

Decided on : Mar-25-2013

Subject : Land Acquisition

discharge the functions as a quasi judicial authority and therefore he should have special knowledge in law, administration, finance etc., Therefore, the absence of prescribing such qualification with specialised knowledge makes the said provision as illegal and … Wakf Act of 1995 and further direct the 1st respondent to strictly follow the provisions of the Wakf Act, 1995 in constituting the Wakf Board. Writ Petition in W.P.No.27590 of 2012 is filed under Article 226 of the … constitute a Wakf Board on following the due procedure set out in Section 14 of the Wakf Act, 1995. Writ Petition in W.P.No.33785 of 2012

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Jan 19 1996

Commissioner of Income-tax Vs. Lakshmi Industries (P.) Ltd.

Court : Chennai

Decided on : Jan-19-1996

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1977 - Sections 2(7); Finance Act, 1978 - Sections 2(7)

Reported in : [1996]222ITR36(Mad)

So also for the assessment year 1978-79, the assessee claimed the same benefit under Section 2(7)(c) of the Finance Act, 1978. However, the Income-tax Officer denied this concession on the ground that the assessee is not an industrial

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Jan 24 2003

N.K. Proteins Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Jan-24-2003

Subject : Direct Taxation

Reported in : (2004)83TTJ(Ahd.)904

of black money and various other factors, The legislature in its wisdom has amended Section 40A(3) by the Finance Act, 1995 w.e.f. 1st April, 1996 which provides for disallowance of 20 per cent of such expenditure incurred otherwise than … invalid. Reliance has been placed on the decisions reported in Chhugamal Rajpal v. S.P. Chaliha and Ors. (1971) 79 ITR 603 (SC) and 197 ITR 194 (sic). The CIT(A) has negatived this plea by placing reliance on

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Jun 22 2004

Patel Engineering Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jun-22-2004

Subject : Land Acquisition

Reported in : (2005)94ITD411(Mum.)

of an industrial undertaking or a hotel or from operation of ships. However, this section was amended/modified by Finance Act, 1995 w.e.f. 1st April, 1996, i.e., from asst. yr. 1996-97 whereby profit and gains derived from some other business … to recover toll by operating the infrastructural facility and in this regard he has also referred to pp. 79 and 80 of paper book of Revenue. He has also contended that the assessee does (sic).41. In rejoinder,

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May 05 2006

Sudipto Sarkar Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : May-05-2006

Subject : Land Acquisition

Reported in : (2006)101ITD229(Kol.)

the decision relied on by the ld.counsel for the assessee are prior to the amendment made by the Finance Act, 1992 with effect from 1.4.1993, therefore, the same are not applicable in the assessee's case. He, therefore, submits … 1,28,561 debited to P & L Account under the head 'Development of Customer Relation' during the financial year 1995-96 relevant to the assessment year 1996-97. He further submits that the Assessing Officer treated the said expenditure as … had made a reference to the Hon'ble President, Income-tax Appellate Tribunal under Section 255(3) of the Income-tax Act, 1961 ('the Act') for constitution of a

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Sep 01 2016

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

Court : Delhi

Decided on : Sep-01-2016

Subject : Service Tax

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 … of Enforcement (2006) 4 SCC 278 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) 2 SCC 731 and inter alia … of the power to arrest under Section 90 (1) of the FA. 79. The Court notes that the Bombay High Court in ICICI Bank Ltd. … late in the evening at 7:40 pm on 20th January 2016 under Section 91 of the FA and sent to judicial custody. It was alleged

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