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Micro Labs Ltd. and Others Vs. Deputy Commissioner of Income-tax (Asse ...

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 119, 132, 132A, 133A and 139

Reported in : ILR1998KAR3784; [1998]231ITR934(KAR); [1998]231ITR934(Karn)

course of search, some records belonging to the petitioners also have been seized. 3. Chapter IV of the Finance Act, 1997, provides for the Voluntary Disclosure of Income Scheme (hereinafter referred to as 'the Scheme'). Sub-section (1) of section … under section 133A of the Income-tax Act was carried out or in respect of any earlier previous year.' 4. In these petitions, the petitioners have made two prayers. Firstly, they have prayed for a declaration that clause

Smt. Snehlata Vs. Union of India (Uoi) and anr.

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24) and 139; Finance Act, 1997 - Sections 63, 64 and 65; Constitution of India - Article 226

Reported in : (2006)204CTR(MP)317; [2008]296ITR529(MP)

well as the documents filed herein, this Court is of the opinion that as per provision of the Finance Act, 1997 wherein Chapter IV is for VDI Scheme, 1997 and according to Section 64, charge of tax on voluntarily … facet and further regard being had to the circular issued by Central Board of Excise and Customs. - 4. Having heard learned Counsel for the petitioner and the respondents and after perusing the petition, reply as well

V. Shanmughavel and anr. Vs. Commissioner of Central Excise and ors.

Court : Chennai

Subject : Service Tax

Acts : Finance Act, 1994 - Sections 65(13), 65(48), 66(3) and 67; Finance Act, 1997 - Sections 88; Wealth-tax Act, 1957 - Sections 34AA and 34AB; Wealth-tax Rules, 1957 - Rule 8A(2) and 8A(8)

Reported in : 2001(131)ELT14(Mad); [2002]254ITR717(Mad); (2001)2MLJ581; 2006[2]STR466; [2007]6STT183

or any other writ, prohibiting the respondent from invoking the provisions of Section 88, Chapter VI of the Finance Act, 1997, for the purpose of levy and collection of service tax from the members of the petitioner institute on … services offered by the consulting engineers which come in the tax net. Our attention was invited to paragraph 4.3, which reads as under :'4.3 The services which attract the levy include all the services which are rendered

Nava Bharat Ferro Alloys Ltd. Vs. Union of India (Uoi)

Court : Andhra Pradesh

Subject : Service Tax

Acts : Finance Act, 2000 - Sections 65(7), 65(18A), 65(18B), 65(48), 116 and 117; Finance Act, 1997; Finance Act, 1994 - Sections 65, 66 68, 70, 71A and 94; Finance Act, 2003 - Sections 68, 68(1), 69, 70, 71 and 71A; Assam Taxation (On Goods Carried by Road or on Inland Waterways) Act; Central Tea Act - Sections 3(1) and 3(2); Motor Vehicles Act, 1939 - Sections 43, 43(1), 43(1A) and 44; Rajasthan Passengers and Goods Taxation Act, 1959 - Sections 3 and 4; Karnataka Entertainments Tax Act, 1958 - Sections 2; Expenditure Tax Act, 1987; British North America Act, 1867 - Sections 91 and 92; Finance Act, 1998 - Sections 65, 65(16), 65(17), 65(41) and 66(3); Motor Vehicles Act, 1988 - Sections 2; Finance Act, 1997 - Sections 84; Service Tax Rules, 1994 - Rule 2 and 2(1); Service Tax (Amendm

Reported in : (2005)186CTR(AP)451; 2005(185)ELT236(AP); 2006[3]STR565

India. Therefore, the petitioners challenged the constitutional validity of Chapter V of Finance Act, 1994 as amended by Finance Act, 1997 and Finance Act, 2000 insofar as levy of service tax on persons like the petitioner at the rate … period from 16.7.1997 to 1.6.1998. These amendments were also challenged before the Supreme Court in Writ Petition No. 411 of 2000 in the case of Associated Cement Company Ltd. v. Union of India and Another, wherein the

All India Federation of Tax Practitioners and Another Vs. Union of Ind ...

Court : Supreme Court of India

Subject : Direct Taxation

Reported in : (1998)149CTR(SC)19; [1998]231ITR24(SC)

Head Note: INCOME TAX Voluntary disclosure of income scheme, 1997--CONSTITUTIONAL VALIDITY--Chapter IV, ss. 62 to 78 of the Finance Act, 1997 read with art. 14 of the Constitution. Ratio & Held : The provisions of the Voluntary Disclosure of … The special leave petition is, therefore, dismissed. Head Note: INCOME TAX Voluntary disclosure of income scheme, 1997--CONSTITUTIONAL VALIDITY--Chapter IV, ss. 62 to 78 of the Finance Act, 1997 read with art. 14 of the Constitution. Ratio &

Dr. Vs. Shanmughavel V. Commissioner of Central Excise

Court : Chennai

Subject : Direct Taxation

Reported in : [2002]121TAXMAN274(Mad)

or any other writ, prohibiting the respondent from invoking the provisions of section 88, Chapter VI of the Finance Act, 1997 for the purpose of levy and collection of service tax from the members of the petitioner institute on … services offered by the consulting engineers which come in the tax net. Our attention was invited to paragraph 4.3, which reads as under :'A.3 The services which attract the levy include all the services which are rendered

Manisha Construction Vs. the Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Pune

Subject : Direct Taxation

proceedings as provided under the newly inserted Sub-clause (A) of Clause (c) of Section 158BB(1) inserted by the Finance Act, 2002 with retrospective effect from 1-7-1995.14. We have considered the rival contentions of both the parties and have … the manner of computation of undisclosed income of any block period under Chapter XIVB of the Act. Section 158BB reads as under: 155BB(1). The undisclosed … off of losses during the block period in true and natural spirit. 4. The ld. CIT(A) has erred in disallowing sol off of losses without … the assessee as under: 5. The aggregate of the loss of Rs. 18,80,870 shown for the assessment years 1997-98, 1999-00 and 2001-02 was not allowed to be set off against the aggregate of the undisclosed income of

Shankarlal Vs. Income-tax Officer and ors.

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 70, 74, 76, 77, 78, 119, 132, 132A, 139, 140A, 142, 142(1), 143 and 148; ;Wealth Tax Act, 1957 - Sections 37A and 37B; Income Tax Act, 1961 - Sections 28

Reported in : (1998)144CTR(AP)424; [1998]230ITR536(AP); [1998]99TAXMAN500(AP)

stated that no circulars of CBDT have been issued which are in conflict with S. 64 of the Finance Act, 1997. In the reply-affidavit, it is reiterated that the denial of the benefit of the Scheme to the petitioner … of the Scheme to the petitioner is discriminatory and arbitrary. Interim Directions 4. The writ petition was filed on 20th August, 1997. On 1st September, … second respondent 3. The CIT has filed a counter-affidavit stating that the power to make a search under Chapter XIII-C of the IT Act has not been kept in abeyance, and therefore, a search was conducted in

Shri Manoj Aggarwal, Bemco Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

reasons given us hereinafter.As held by us in this regard, the immunity given by Section 68 of the Finance Act, 1997 incorporating VDIS is limited to the extent that the existence of jewellery stands accepted and the amount credited … CIT(A)-II, New Delhi has grossly erred on facts and in law in upholding the assessment framed Under Section Chapter XIVB of the Income Tax Act, 1961. ii. The CIT(A)-II has failed to appreciate that no valid jurisdiction … appeal of Manoj Aggarwal. Thus, his appeal in IT (SS) A. No. 404/DeI/2003 is partly allowed. The appeal of the department in IT (SS) A.

Micro Labs Ltd., Vs. Deputy Commissioner of Income-tax (Assessment) an ...

Court : Karnataka

Subject : Direct Taxation

Acts : Finance Act, 1997 - Sections 62 to 78; Income-tax Act, 1961 - Sections 119, 119(2), 132, 132A, 133A, 133A(5), 139, 142 and 148; Constitution of India - Article 14; Special Bearer Bonds (Immunities and Exemptions) Act, 1981

Reported in : (2001)166CTR(Kar)148; [2001]247ITR333(KAR); [2001]247ITR333(Karn); [2001]115TAXMAN27(Kar)

132.3. The Voluntary Disclosure of Income Scheme, 1997, introduced by Chapter IV (sections 62 to 78 of the Finance Act, 1997 ('the Act' for short)), was in force between July 1, 1997, and December 31, 1997. The relevant provisions … For convenience, the appellants in the five appeals will be referred to as appellants Nos. 1, 2, 3, 4 and 5 ; that is Micro Labs Ltd. as appellant No. 1, Micro Ethicals as appellant No. 2,