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American Hotel and Lodging Association Educational Institute Vs. Centr ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Finance Act, 1998; Income Tax Act, 1961 - Sections 10(20A), 10(22), 10(22B), 10(23C), 11, 11(1), 11(5), 12, 12AA, 13, 60 to 63 and 245Q(1); Finance Act, 2001; Finance Act, 2002; Finance Act, 2007; Central Boards of Revenue Act, 1963; Income Tax Rules, 1962 - Rule 2CA

Reported in : (2008)216CTR(SC)377; [2008]301ITR86(SC); JT2008(6)SC379; 2008(7)SCALE588; (2008)10SCC509; 2008AIRSCW4996

scope of enquiry by the Prescribed Authority under Section 10(23C)(vi) read with the third proviso thereto inserted by Finance Act, 1998 w.e.f. 1.4.1999. In this case, Central Board of Direct Taxes ('CBDT') being the Prescribed Authority, at the relevant … prior to the assessment year 1999-2000 (corresponding to the accounting year ending 31.3.1999).12. Section 10(22) stood omitted by Finance Act, 1998 w.e.f. 1.4.1999. On 7.4.1999, i.e., within seven days, appellant herein made an application to CEDT (the Prescribed Authority)

Federal Bank Ltd. and ors. Vs. State of Kerala and ors.

Court : Supreme Court of India

Subject : Sales Tax

Acts : Kerala General Sales Tax Act, 1963 - Sections 2 and 5; Kerala Finance Act, 1998; Companies Act, 1956 - Sections 210(3); Sale of Goods Act, 1930 - Sections 4; Contract Act, 1872 - Sections 176; Constitution of India - Articles 14 and 19; Banking Companies Act, 1949 - Sections 2, 5, 6, 6(1), 8 and 29; Central Sales Tax Act, 1956 - Sections 2

Reported in : [2007]137CompCas44(SC); 2007(2)CTC848; JT2007(5)SC91; 2007(3)KLT106(SC); 2007(4)SCALE613; (2007)4SCC188; (2007)6VST736(SC); 2007AIRSCW2411

of 2003 filed by Federal Bank Ltd. and Ors. v. State of Kerala and Ors.2. By the Kerala Finance Act, 1998 a Clause (g) was inserted in Section 2(viii) by which the definition of the word 'dealer' was expanded … bank remained unaltered even after introduction of Clause (g) in Section 2(viii) of the 1963 Act vide Kerala Finance Act 1998 dated 29.7.98. Ultimately, Federal Bank Ltd. filed O.P. No. 1169 of 2000 in the Kerala High Court challenging

The Commissioner of Income Tax Vs. Smt. Amarjeet Kaur and ors.

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 10(2); Income Tax Act, 1961 - Sections 37, 37(1) and 256(1); ;Finance Act, 1998; ;Prize Chits and Money Circulation Scheme (Banning) Act, 1978 - Sections 2, 3 and 4

Reported in : (2006)201CTR(Kar)134; ILR2006KAR1060; [2006]283ITR71(KAR); [2006]283ITR71(Karn)

contend, that in view of insertion of Explanation to Section 37 of the Act by Finance (No. 2) Act, 1998 with effect from 1-4-1962, the expenditure claimed by the assessee as allowable expenditure, is an expenditure incurred in

Federal Bank Ltd. Vs. State of Kerala

Court : Kerala

Subject : Sales Tax

Acts : Kerala General Sales Tax Act, 1963 - Sections 2; Banking Regulation Act, 1949 - Sections 6 and 8; Finance Act, 1998; Constitution of India - Articles 14 and 19

Reported in : I(2004)BC378; 2003(2)KLT347; [2003]45SCL555(Ker); [2004]134STC377(Ker)

the State Legislature is well within its competency to make the amendment as has been introduced by the Finance Act, 1998. The learned Single Judge dismissed the Writ Petition by holding that the amendment made to Section 2(viii) and … further submitted that though the definition of dealer in Section 2(viii) of the Act is amended by the Finance Act, 1998 by introducing a new Sub-clause(g) bringing the banks and financial institutions which effects sale of any gold or

Star Trading Vs. Commissioner of Income Tax

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 245(4), 245C, 245D, 245D(1), 245D(4), 245F(2) and 251; Finance (No. 2) Act, 1998 - Sections 90, 90(1), 90(2), 90(4), 95 and 95(1)

Reported in : (2008)220CTR(Ker)511

final orders, a new scheme popularly known as 'Kar Vivad Samadhan Scheme' was introduced by Finance (No. 2) Act, 1998. Hence, the petitioner claiming benefit under the scheme approached the designated authority, namely, CIT. The designated authority, after

All India Federation of Tax Practitioners Vs. Union of India

Court : Mumbai

Subject : Direct Taxation

Reported in : [2001]116TAXMAN418(Bom)

service tax was introduced by the Finance Act, 1994. The ambit of the Act was widened by the Finance Act, 1998 substituting section 66 of the Act thereby including service provided by the architects and practising chartered accountants, etc.2. … 1997, section 65 was substituted so as to include a wide variety of services. Section 116 of the Finance Act, 1998 substituted section 66 of the Finance Act, 1994. While a few services covered by the 1997 Act were

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)

there are no tax arrears remaining unpaid on the date of declaration as required under Section 87(m) of Finance Act, 1998. As already observed, the Commissioner is not empowered under the Scheme to decide as to whether interest tax

The Commissioner of Income-tax Vs. Mcdermott International Inc.

Court : Uttaranchal

Subject : Direct Taxation

Reported in : (2008)218CTR(Uttranchal)203; [2008]302ITR268(Uttaranchal)

Income Tax (Appeals) [hereinafter referred as CIT(A)] challenging the assessment. Meanwhile, it appears that under Finance (No. 2) Act, 1998, Kar Vivad Samadhan Scheme, 1998 (for brevity hereinafter referred as KVSS) was introduced and a declaration was made

All India Federation of Tax Practitioners and ors. and Indian Institut ...

Court : Mumbai

Subject : Service Tax

Acts : Finance (No. 2) Act, 1998 - Sections 68 and 116; Constitution of India - Articles 14, 19, 19(1) and 246(1); Service Tax Rules, 1994 - Rule 6 and 6(3)

Reported in : (2001)168CTR(Bom)24; [2002]256ITR401(Bom)

same to the Central Government under Section 68 of the Act. The service tax was introduced by the Finance Act, 1994. The ambit of the Act was widened by the Finance (No. 2) Act of 1998 substituting Section

Associated Capsules Private Limited, Vs. Dy. Commissioner of Income Ta ...

Court : Mumbai

Subject : Direct Taxation

income but exceeding the profits of the undertaking, the legislature introduced sub Section 9A in Section 80IA by Finance Act 1998 with effect from 1-4-1999. By Finance Act, 1999, Section 80IA(9A) has been renumbered as Section 80IA(9).24.The object of … By Finance Act, 1999, Section 80IA(9A) has been renumbered as Section 80IA(9).24.The object of amending Section 80IA by Finance Act 1998 as is evident from the memorandum explaining the provisions in the Finance Bill 1998 [231 ITR (ST) 252]