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Dgp Windsor (India) Ltd. Vs. Dy. Cit

Court : Mumbai

Subject : Direct Taxation

Reported in : (2002)74TTJ(Mumbai)291

per cent. The Commissioner (Appeals) was of the view that the first proviso to section 2 of the Finance Act, 1997, provides for levy of surcharge on the amount of income-tax, computed under sections 112 and 113. Part I … account are duly confirmed by M/s. National Plastic Industries Ltd. and the said confirmation is at page No. 44 of the compilation.4. The assessing officer has not examined M/s. National Plastic Industries Ltd., whether they have received

Chartered Accountants' Association and Gujarat Institute of Civil Engi ...

Court : Gujarat

Subject : Service Tax

Acts : Constitution of India - Articles 14, 19(1), 226, 246, 248, 276, 276(2) and 276(3); Finance Act, 1994 - Sections 3, 65, 65(1), 65(5), 65(13), 65(16), 65(31), 65(48), 66, 67 and 68; Finance Act, 1998 - Sections 116; Finance Act, 1997 - Sections 88; Architects Act, 1972 - Sections 23; Chartered Accountants Act, 1949; Bombay Shops and Establishments Act; Madras Shops and Establishments Act; Punjab Municipal Act; Bombay Municipal Boroughs Act, 1925; Punjab Professions, Trades, Callings and Employment Taxation Act, 1956; Panchayat Samitis and Zilla Parishad Act, 1961; West Bengal Panchayat Act; Government of Indian Act, 1935 - Sections 100; Cantonments Act; Bombay Municipal Boroughs Act; Expenditure-tax Act, 1987

Reported in : 2001(74)ECC51; 2005(179)ELT129(Guj); (2001)4GLR3630; 2006[2]STR300; [2007]7STT29

the Gujarat Institute of Civil Engineers and Architects have challenged the constitutional validity of Section 88 of the Finance Act, 1997, and Section 116 of the Finance (No. 2) Act, 1998, levying service tax on consulting engineers and architects … of services, a large number of activities were not subjected to tax although such activities were an important part of the national economy. Persons rendering such services were only subjected to income-tax covered by entry 83 in … practising chartered accountants in the State of Gujarat. Special Civil Application No. 469 of 1999 is filed by the association on behalf of its members.

Escapade Resorts (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Cochin

Subject : Direct Taxation

Reported in : (2008)303ITR118(Coch.)

assessment year has to be as per the provisions of the Finance Act of that assessment year. The Finance Act, 1997, provides in Section 2(1) of that Act that for the assessment year commencing on the first day of … is concerned, it relates to the asst. yr. 1997-98 which is preferred by the assessee and in this particular appeal, the assessment under Section 143(3) is under challenge. In this year also, the AO has charged interest … appeal before us for those assessment years. As far as ITA No. 452/Coch/2002 is concerned, it relates to the asst. yr. 1997-98 which is preferred

NitIn P. Shah Alias Modi Vs. Dy. C.i.T.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 64(1), 66, 67, 69, 119, 131, 132, 139(1), 142(1), 143(2), 143(3), 144, 147, 148, 158B, 158BA, 158BC, 158BD, 251, 271(1) and 276CCC; Finance Act, 1997 - Sections 68(1) and 68(2); Constitution of India - Article 14

Reported in : (2005)194CTR(Guj)306; [2005]276ITR411(Guj)

fresh assessment the Assessing Officer came to the conclusion that as per provisions of Section 68(1) of the Finance Act,1997 the assessee was not entitled to immunity under VDIS in relation to the sum of Rs. 137 … the declaration under sub-section (1) of Section 65(1) of VDIS. Note No. 4 specifically states as under :'4. Necessary taxes @30% on the aggregate income … together and are taken up for final disposal with the consent of the learned Advocates for the respective parties.TAX APPEAL No. 539 OF 2003.2. The appellant is the assessee who has challenged the order of the Tribunal

Fleming (T/a Bodycraft) (Respondent) Vs. Her Majestyand#8217;s Revenue ...

Court : House of Lords

Subject : Land Acquisition

time limit. 3. An amendment to section 80(4) of VATA 1994 was enacted by section 47 of the Finance Act 1997 with effect from 18 July 1996. It reduced the six year time limit for the recovery of overpaid … recover input tax from the Commissioners without any time limit for the bringing of their claims. That was part of the VAT regime that UK national law had put in place. The addition of paragraph (1A) purported

Test Claimants in the Franked Investment Income Group Litigation Vs. C ...

Court : UK Supreme Court

Subject : Land Acquisition

8, [2009] STC 452. For present purposes, however, it is sufficient to note that section 47 of the Finance Act 1997 curtailed the period for a claim for repayment of VAT from six to three years, with retrospective effect, … Brussels on 22 January 1972 and the introduction of ACT in April 1973. Their arguments are directed in part to issues of domestic law. But they are also directed to the extensive case law resulting from the … tax treatment and that of wholly UK-resident groups of companies breached article 43 (freedom of establishment) and article 56 (free movement of capital) of the

Godrej and Boyce Mfg.Co.Ltd. Mumbai. Vs. Commissioner of Income Tax,

Court : Mumbai

Subject : Income Tax

Acts : Income Tax Act, 1961 - Section 14A(1)(2)(3); Income Tax Act, 1922 - Section 8; Finance Act of 2001 - Section 14A; Finance Act 1997 - Section 10(33)

income which does not form part of the total income. In view of Section 10(33) inserted by the Finance Act 1997 w.e.f. 1 April 1998, incomes by way of dividends referred to in Section 115O are not includible in … filed its return of income for Assessment Year 200203 on 29 October 2002, declaring a loss of Rs. 45.90 crores. The assessee had claimed a dividend of Rs. 34.34 crores as exempt from the total taxable income

Nabha Investments (P) Ltd. Vs. Union of India and ors.

Court : Delhi

Subject : Direct Taxation

Reported in : (2000)162CTR(Del)420

reference to some of the provisions of the VDIS would be necessary.12. As noted above, VDIS, introduced vide Finance Act, 1997, is contained in sections 62 to 78, forming part of Chapter-IV. It was introduced to grant an opportunity … declaration under VDIS on 31-12-1997, in respect of the aforenoted assessment years, declaring an additional income of Rs. 4,31,50,728 representing the difference between the income by way of treatment of sale of shares as business income (as

Assistant Commissioner of Income-tax Vs. Uttamchand V. Sethiya

Court : Gujarat

Subject : Direct Taxation

surcharge at the rate of 15% in the Finance Act, 1996, which was reduced to 7.50% in the Finance Act, 1997. In the next two Finance Acts i.e. 1998 and 1999, there was no surcharge levied even in the … income-tax on undisclosed income for the block period 1990-91 to 1999-2000 in light of the provisions contained in Part I of the First Schedule to the Finance Act, 2000?" 2. The assessee firm is engaged in the … Officer under the provisions of the Finance Act, 1999?" TAX APPEAL NOS. 419, 1393, 1394, 1431 TO 1435 of 2007 and 440 of 2008 "Whether,

Om Prakash Sharma Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Jaipur

Subject : Direct Taxation

Reported in : (2004)83TTJ(JP.)246

charged at flat rate of 60 per cent. An amendment in this charging Section 113 was made through Finance Act, 2002. However, this amendment was made applicable w.e.f. 1st June, 2002. In the case of the assessee the … 30th March, 1996. The search concluded on 29th May, 1996. The AO completed the assessment on 30th May, 1997 on the strength of last authorisation on 29th May, 1996. Hon'ble Tribunal Bangalore Bench held that the block … yr. 1990-91 to 2000-01 upto 25th Feb., 2000).2. After hearing both the parties, we decide the appeals as under: IT(SS)A No. 28/Jp/2003 3. In this … Feb., 2000 and the other by the Department pertaining to IT(SS)A No. 49/Jp/2003 for the block period 1st April, 1989 to 25th Feb., 2000 (asst.