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Charak Pharmaceuticals (i) Ltd Vs. Union of India and ors.

Court : Delhi

Subject : Excise

Acts : Constitution of India - Article 226; Finance Act, 1962 - Sections 86 to 98

Reported in : 2000IIAD(Delhi)363; 2000(52)DRJ544; 2000(67)ECC749

'tax arrear' within the meaning of Section 87(m)(ii) of the Finance (No. 2) Act, 1998 (for short `the Finance Act'). 7. The petitioner filed an appeal against the order, dated 17th September, 1998, which is stated to be … dated 21st January 1999, pertaining to the additional excise duty demand (Rs.19,29,642/-) for the period from 1st September, 1995 to 31st January, 1998, filed by the petitioner under the provisions of the Kar Vivad Samadhan Scheme, 1998

Cil Securities Ltd., Hyd. Vs. Commissioner of Income Tax, A.P. and Ano ...

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Finance Act, 1998 - Sections 87, 88 and 89; Income-Tax Act, 1961 - Sections 143 and 245; Interest Act, 1978 - Sections 13

Reported in : 2000(4)ALD69; 2000(2)ALT541; (2000)161CTR(AP)44; [2000]242ITR472(AP)

the said appeals are currently pending.4. The petitioner filed a declaration on 29-12-1998 under Section 89 of the Finance Act to avail of KVS Scheme in respect of the interest tax determined for assessment years 1994-95 and 1995-96. … is lodged as there are no tax arrears remaining unpaid on the date of declaration as required under Section 87(m) of Finance (No.2) Act, 1998.3. The petitioner-Company is carrying on business of stock broking, merchant banking, registrars and

M. Natarajan Vs. State by Inspector of Police, Spe, Cbi, Acb Chennai

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 120B, 420, 467, 468 and 471; Prevention of Corruption Act, 1988 - Sections 13(1) and 13(2); Finance Act, 1998 - Sections 86 to 98; Indirect Tax Act; Direct Tax Act; Conservation of Foreign Exchange And Prevention of Smuggling Activities Act, 1974; Kerala Sales Tax Act; Central Excise Act, 1944; Customs Tariff Act, 1975; Central Excise Tariff Act, 1985; Central Excise Tariff Act, 1986; Code of Criminal Procedure (CrPC) - Sections 239, 245 and 482; Customs Act, 1962 - Sections 28, 90(1), 127H, 132 and 136; Constitution of India - Article 246; Wealth Tax Act, 1957; Gift Tax Act, 1958; Income Tax Act, 1961; Interest Tax Act, 1974; Expenditure Tax Act, 1987

Reported in : (2008)217CTR(SC)1; 2008(120)ECC141; 2008(156)LC141(SC); 2008(226)ELT679(SC); JT2008(6)SC451; 2008(8)SCALE290; (2008)8SCC413; (2008)3SCC(Cri)507.

for clearance of the car, secondly in a scheme, namely, Kar vivad Samadhan Scheme, 1998 (KVSS) floated vide Finance Act No. 2 of 1998 which commenced from 1.9.1998, it was clearly provided that if a tax- payer settles … The basic object of the Scheme, undoubtedly, is to recover the taxes both direct as well as indirect. Section 87 (j) specifically brings into the fold of the Scheme the Customs Act, 1962, which is the concerned Act

The Commissioner of Income Tax Vs. Shasenan M. Parpai

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act - Sections 87, 88, 89, 112, 234A, 234B and 234C; Finance Act, 1998 - Sections 90(1)

Reported in : [2008]303ITR193(Mad)

under Section 89 of the Samadhan Scheme on 30.12.1998 and 22.2.1999. By order under Section 90(1) of the Finance Act, 1998 dated 22.2.1999, the petitioner was directed to pay a sum of Rs.6,08,987/-, as the amount payable by … of Income Tax, City Circle VII (3), Chennai. She filed the return of income for the assessment year 1995-96 under the provisions of the Income Tax Act. The assessment was completed on 23.3.1998 determining the total income … assessment order 1995-96 as was related to disputed tax arrears under Section 87(e) of the Act.3.4. According to the petitioner, her total income for the

Charak Pharmaceuticals (i) Ltd. Vs. Union of India

Court : Delhi

Subject : Direct Taxation

Reported in : [2000]109TAXMAN290(Delhi)

within the meaning of section 87(m)(ii) of the Finance (No. 2) Act, 1998 (hereinafter referred to as 'the Finance Act').7. The petitioner filed an appeal against the order dated 17-9-1998, which is stated to be pending. However, in … Commissioner, Central Excise, Division Sonepat - respondent No. 4 herein, demanding duty difference for the period from January 1995 to April 1995, calculated on the aforenoted basis. Subsequently, on 25-10-1995, yet another show-cause notice, on the same

Mangilal S. JaIn Vs. Commissioner of Income-tax and anr.

Court : Karnataka

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 139(8), 140A, 140A(1), 158BFA, 215, 216, 217, 220(2), 234A, 234B and 234C; Finance (No. 2) Act, 1998 - Sections 87, 88 and 95

Reported in : ILR2003KAR2066; [2002]257ITR31(KAR); [2002]257ITR31(Karn)

find what is the 'disputed income'.'Disputed income' in relation to an assessment year, is defined in Clause(e) of Section 87 of the Finance Act as 'the whole or so much of the total income as is relatable to … into force on September 1, 1998, as per Chapter IV of the Finance (No. 2) Act, 1998 ('the Finance Act' for short). The appellant filed a declaration under the said scheme, under Section 89 of the said Act … Act, 1961 (the 'I. T. Act' for short). For the assessment year 1995-96 (accounting period ended on March 31, 1995), the appellant filed his return

Mangilal S. JaIn Vs. Cit and anr.

Court : Karnataka

Subject : Direct Taxation

Reported in : (2002)175CTR(Kar)347

is the 'disputed income'.7.2. 'Disputed income' in relation to an assessment year, is defined in clause (e) of section 87 of Finance Act as 'whole or so much of the total income as is relatable to the disputed … force on 1-9-1998, as per Chapter IV of Finance (No. 2) Act, 1998 (hereinafter referred to as 'The Finance Act' ). The appellant filed a declaration under the said scheme, under section 89 of the said Act in … Act, 1961 (hereinafter referred to as 'the Act'). For the assessment year 1995-96 (accounting period ended 31-3-1995), the appellant filed his return on 26-3-1997, declaring

H.L. Taneja Vs. Commissioner of Income Tax and ors.

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 141(2), 143(1), 143(1A) and 220(2); Finance Act, 1998 - Sections 87, 88 and 89

Reported in : [2008]300ITR384(MP)

and 1995-96 disputed income was worked out. Petitioner filed declaration under Section 89 r/w Section 88 of the Finance Act, 1998 for settlement of tax payable to the respondent No. 1. The total tax payable on the aforesaid … a declaration for settlement of the tax payable under Section 88 of the Scheme. Under Clause (f) of Section 87, 'disputed tax' is defined as the total tax determined and payable in respect of an assessment year which

Amir Alam Khan Vs. State of U.P. and ors.

Court : Allahabad

Subject : Trusts and Societies

Acts : Waqf Act, 1995 - Sections 3, 14(8), 15, 19 and 20; General Clauses Act - Sections 16

Reported in : 2002(1)AWC266; (2001)2UPLBEC1715

have a statutory character like the Oil and Natural Gas Commission, or the Life Insurance Corporation or Industrial Finance Corporation. It is a society incorporated in accordance with the provisions of the Societies Registration Act. The fact … to power of amotfon under the Common Law, in the absence of any statutory provision in the Waqf Act, 1995.2. Before replying to the aforesaid question, it would be relevant to deal with the factual matrix as set … members of the Board elected or appointed by the State Government under Section 15 of the Act but the term of office of five years … had assailed the validity of no-confidence motion passed against him under Section 87-A of the U. P. Municipalities Act, who was elected under Section 43(2)

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

Court : Income Tax Appellate Tribunal ITAT Kolkata

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 … 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 … High Court in the case of Mohan Meakin Breweries Ltd. 227 ITR 878." 3.1 Being aggrieved with the Assessing Officer's order in rejecting assessee's claim