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Upendra M. Dalal Vs. Dy. Cit

Court : Mumbai

Subject : Direct Taxation

Reported in : (2004)83TTJ(Mumbai)828

referred to the provisions of section 47(xi) of the Income Tax Act. This clause was inserted by the Finance Act, 1997, with effect from 1-4-1998. It provides that capital gains shall not be chargeable under section 46 in respect … rule 9 the membership rights which vested in the stock exchange were sold for a price of Rs. 25 lakhs. The Income Tax Authorities sought to attach the sale proceeds under section 281B of the Income Tax

Upendra M. Dalal Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2004)89ITD629(Mum.)

refer to the provisions of Section 47(xi) of the Income Tax Act. This clause was inserted by the Finance Act, 1997 w.e.f. 1.4.1998. It provides that capital gains shall not be chargeable under Section 45 in respect of any … Dy. Commissioner of Wealth Tax v. Shri Ashwin C. Shah and Ors.which has been later reported in (2002) 254 ITR (AT) 90. It was argued that though the decision was delivered under the provisions of the Wealth-tax

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 … and Circular No. 755 (see [1997] 226 ITR (St.) 33), dated July 25, 1987. The relevant portions are extracted below (page 9, 35) :Circular No. … that there was a search in respect of appellants Nos. 1 to 3 by issue of notice under Section 132 of the Income-tax Act, 1961 ('the IT Act' for short), on September 10, 1997, and in the

Total Network Sl (a Company Incorporated in Spain) (Original Responden ...

Court : House of Lords

Subject : Service Tax

six years in the section as originally enacted and now three as substituted by section 47(10) of the Finance Act 1997, on the making of assessments, including assessments for penalties, interest or surcharge, under section 76. 16. Two further … for the purposes of the Act, goods acquired from another member State are acquired in the United Kingdom. Section 25(1) provides that a taxable person shall account for and pay VAT in respect of supplies made by him

Shree Sanyeeji Ispat Pvt. Ltd. and anr. Vs. State of Assam and ors.

Court : Guwahati

Subject : Sales Tax

Acts : Assam General Sales Tax Act, 1993 - Sections 4(1), 4(5), 4A, 5, 9(4), 65A and 74(3); Assam Sales Tax Act, 1947 - Sections 7; Jammu and Kashmir General Sales Tax Act - Sections 8B; Bihar Finance Act - Sections 7 and 7(3); Evidence Act - Sections 115; Uttar Pradesh Sales Tax Act, 1948 - Sections 4; Kerala General Sales Tax Act, 1963 - Sections 10; Karnataka Sales Tax Act, 1957 - Sections 8A; Customs Act, 1962 - Sections 25; Constitution of India - Article 299; Central Excise Rules, 1944 - Rule 8

Government issued notification, on April 4, 1994, in exercise of the powers under Section 7 of the Bihar Finance Act, whereunder the old industrial units, which had started production prior to April 1, 1993 but whose investments in … Maruti Tea Industries v. State of Assam (Civil Rule No. 1223 of 1997 Reported in [2003] 129 STC 479 (Gauhati), wherein, the said industrial policy, … 1994ECR637(SC) , the apex Court was required to consider the question as to whether the notification issued under Section 25 of the Customs Act, 1962, granting complete exemption from payment of customs duty to PVC resin imported into

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 … not be exempted instead of the gross dividend receipts as claimed in the return. In its reply dated 25 November 2004, the assessee claimed that a major portion of its dividend amounting to Rs. 19.86 crores was

Dharampal Satyapal Limited. Vs. Union of India

Court : Guwahati

Subject : Education

the North-Eastern Industrial Policy conveyed by the Finance memorandum No. EA/1/2/96-IPD dated 24.12.1997 (also hereinafter referred to as 1997 Policy) announcing new initiatives and incentives amongst others by way of central excise and Income tax exemption on … negative list of ineligible industries in furtherance of such objective. It also referred to Section 154 of the Finance Act,2003 read with Schedule IX thereto vis-a-vis the products enumerated therein to and also sought to reinforce its stand … with a challenge to the notifications No.11/2007-CE dated 01.03.2007 and No.21/2007-CE dated 25.04.2007. Whereas, by the former the applicant was aggrieved by the withdrawal of

Kerala State Electricity Board Vs. Commr. of Central Excise, Thiruvana ...

Court : Supreme Court of India

Subject : Service Tax

Acts : Finance Act, 1994 - Sections 65, 65(31), 65(41), 66, 68, 68(1A), 68(2), 69, 69(1), 70, 71, 73, 75 and 105; Finance Act, 2000 - Sections 116 and 117; Punjab Passengers and Goods Taxation Act, 1952 - Sections 3(3); Service Tax Rules, 1994 - Rules 2(1), 6 and 6(1); Constitution of India - Article 246(1); Income Tax Act

Reported in : AIR2008SC798; (2008)214CTR(SC)87; 2007(14)SCALE311; 2008[9]STR3; (2008)12VST1(SC); 2008AIRSCW25; 2008(1)SCC780.

service tax. Service tax was imposed on Consultancy Engineering Services w.e.f. 07.07.1997 by a Notification No. 23 of 1997 dated 02.07.1997. Consulting Engineer as defined in Section 65(31) of the Finance Act, 1994 is a professionally qualified … as to whether the appellant- Kerala State Electricity Board, the service recipient, within the meaning of provisions of Finance Act, 1994, levying service tax, is liable to pay any interest on the amount of tax due to the … involved in this appeal arises out of a judgment and order dated 25.7.2006 passed by a Division Bench of the High Court of Kerala at

Simplex Infrastructures Ltd. Vs. Commissioner of Service Tax, Kolkata

Court : Kolkata

Subject : Service Tax

time to time, inter alia, by introducing more categories of services within the service tax net. By the Finance Act, 1997 the ‘consulting engineer service’ was made taxable with effect from 7th July, 1997 for services provided in one … the petitioner was basically engaged in civil engineering construction and was not ‘consulting engineer’ within the meaning of Section 65(11) of the Finance Act, 1994. (as amended by Finance Act, 1997).(6) Thereafter, the respondent did not proceed

Satyam Steels and Alloys Pvt. Ltd. Vs. Union of India (Uoi)

Court : Guwahati

Subject : Excise

Acts : Bihar Finance Act, 1981 - Sections 7 and 7(3); Central Excise Act, 1944 - Sections 5, 35 and 35B

dated 2-4-1994 issued by the Govt. of Bihar, Deptt. of Finance whereby the conditions imposed by the Bihar Finance Act, 1981 were extended only to those industrial units who have not availed any facility on the earlier incentive … is approved by the Cabinet itself. The issuance of the notification under Section 7 of the Bihar Finance Act is by the State Government in … expansion by way of increase in their capacity by not less than 25% on or after 24-12-1997 are also entitled to exemption. The notification, however, … said policy are explained in paragraph 1 of the said office memorandum which reads as follows :'Annexure-C24th December, 1997OFFICE MEMORANDUMSubject: New Industrial Policy and other concession in the North Eastern Region.In view of the continuing backwardness of