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Suresh Chand Talera Vs. Commissioner of Income Tax

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 4(1), 10, 64(1A), 133A, 145, 145(2), 146 and 260A; Finance Act, 1973; Finance Act, 1996 - Sections 2; Essencial Dispute Act - Sections 6 and 16; Constitution of India - Article 366(9)

Reported in : (2006)201CTR(MP)153; [2006]282ITR341(MP)

charged (in) the particular assessment year. For the asst. yr. 1996-97, the Finance Act, 1996, clearly provides under Chapter II, Section 2 that the net agricultural income shall be taken into account in the manner provided therein for … the rate that is to be applicable to the income of the appellant. He submitted that since the Finance Act, 1973, every Finance Act has been making such provision for taking into consideration the agricultural income of the … the IT Act (for short 'the Act') was conducted on 23rd Nov., 1999 and in the course of survey, the appellant made a declaration that

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (2007)288ITR226(Hyd.)

The crux of arguments can be summarised in the following propositions: a) 'Rates of tax' normally specified in Chapter II, Section 2 of the Finance Act relating to each of the assessment years have no application to the … clear, and they mandated the levy of surcharge. In this context, he referred to the provisions of annual Finance Act, 1999, Schedule-I, which clearly mandated that the income-tax levied in terms of Section 113 shall be increased by a

K.l. Swamy Vs. The Commissioner Of Income Tax

Court : Supreme Court of India

Subject : Direct Taxation

tax along with the return. It is submitted that this lacuna was noticed by Parliament and by the Finance Act, 1999, the words “Section 158BC” have been inserted in Section 140A w.e.f. 01.06.1999. It is submitted that for the … was required to be followed by the Assessing Officer, is only in terms of the very provisions of Chapter XIV­B of the Act and therefore Section 158BC as well as 158BFA(1) are even otherwise attracted and just … B, C, D or E, as the case may be, of Part III of the First Schedule of the Finance Act of the year in

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

Court : Chennai

Subject : Criminal

Acts : Finance Act, 1998 - Sections 86, 88, 90, 90(1), 91 and 95; Prevention of Corruption Act, 1988 - Sections 13(1) and 13(2) ; Foreign Exchange Regulation Act, 1973; Narcotic Drugs and Psychotropic Substances Act, 1985; Terrorist and Disruptive Activities (Prevention) Act, 1987; Customs Act, 1962 - Sections 28; Wealth Tax Act, 1957; Gift Tax Act, 1958; Income Tax Act, 1961; Interest Tax Act, 1974; Expenditure Tax Act, 1987; Central Excise Act, 1944; Customs Tariff Act, 1975; Central Excise Tariff Act, 1985; Code of Criminal Procedure (CrPC) - Sections 154, 170, 173, 190, 190(1), 209, 225, 226, 227, 239, 240, 244, 397, 402 and 482; Indian Penal Code (IPC) - Sections 120B, 420, 467 and 471; Constitution of India - Article 227; Finance Rules - Rule 3(1); Kar Vivad Samadhan Scheme Rules, 19

Reported in : 2006(197)ELT476(Mad)

an opportunity of being heard.6. Learned counsel for the petitioner drew my attention to the various provisions of Finance Act 2/98 and more particularly, section 86 in Chapter IV of the special enactment and also to the Kar … of being heard.6. Learned counsel for the petitioner drew my attention to the various provisions of Finance Act 2/98 and more particularly, section 86 in Chapter IV of the special enactment and also to the Kar Vivad

Commissioner of Income Central Ii Vs. Suresh N. Gupta

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 4, 4(1), 32, 32(2), 68, 69, 69A, 69B, 69C, 112, 113, 115A, 115AB, 115AC, 115ACA, 115AD, 115B, 115BB, 115BBA, 115E, 115JB, 132, 132A, 132B, 139, 139(1), 142, 142(1), 143, 143(1B), 143(2), 143(3), 144, 147, 148, 158B, 158BA, 158BA(1), 158BA(2), 158BB, 158BB(1), 158BC, 158BH, 161, 161(1A), 164, 164A, 167B, 245D and 245D(4); Finance Act, 2001 - Sections 2(1), 2(2) and 2(3); Finance Act, 2002 - Sections 113; Finance Act, 1995; Constitution of India - Articles 269, 270 and 271

Reported in : (2008)214CTR(SC)274; [2008]297ITR322(SC); JT2008(1)SC208; 2008(1)SCALE99; (2008)4SCC362; 2008AIRSCW1066

appeal.Points for determination:4. Two points arise for determination: Whether on the facts and circumstances of this case, the Finance Act, 2001 ('FA' for short) was applicable to 'block assessment' under Chapter XIV-B in respect of the search carried … 113 [See: (1995) 212 ITR 69]. On the contrary, a bare perusal of various Finance Acts starting from 1999 indicates that Parliament was aware of rate of tax prescribed by Section 113 and yet in the various … I of the First Schedule reads as follows:THE FIRST SCHEDULE[See Section 2]PART IINCOME-TAXParagraph AIn the case of every individual or Hindu undivided family or association

Gujarat State Khadi Gramodyog Board Vs. Gujarat State Khadi Gramodyog ...

Court : Gujarat

Subject : Labour and Industrial

Acts : Bombay Khadi and Village Industries Act, 1960 - Sections 2, 3, 4, 7(3), 16, 17, 17(2), 18, 19, 20, 21, 22, 24, 25, 30(1) and 30(2); Bombay Khadi and Village Industries Rules, 1966; Bombay Khadi and Village Industries Regulation, 1965; The Gujarat Civil Service [Conduct] Rules, 1971; Gujarat Civil Service [Discipline and Appeal] Rules, 1971 - Sections 4(2); Bombay Civil Services Rules, 1959; Gujarat State Khadi Gramodyog Board Gujarat State Service [Revision of Pay] Rules, 1998; Bombay Khadi and Village Industries Rules, 1958; Gujarat Rajya Khadi Gramodyog Board Officers and Servants [Conditions of Service] Regulations, 1973 - Regulations 2(5) and 5(2); Bombay Civil Service Rules, 1958; Revised Pension Rules, 1950; State Government and the Family Pension Rules, 1972; Gujarat Rajy

Reported in : (2005)1GLR24

deals with the preliminary contents, commencement and definition, which may not be very material for the present. In Chapter II, the provisions are made for the purpose of establishment Incorporation and Constitution of the Board or Boards, where … the preparation and submissions of programme. Whereas in Chapter V of the Act, various provisions are made for finances, accounts, audit and debts of the Board. Miscellaneous provisions are made in Chapter VI for the purpose of … and who are the original petitioners in Special Civil Application No.8674 of 1999, whereas the 25 petitioners, who are the pensioners, who retired after 1.1.96

In Re: Universities

Court : Authority for Advance Rulings

Subject : Direct Taxation

Reported in : (2005)194CTRAAR289

Superannuation Scheme Income Tax Act, 1961 - Sections 45(1), 48, 112, 112(1), 115I, 115O, 115AD, 115AD(3) and 245(1); Finance Act, 1999; Finance (No. 2) Act, 2004; Securities Contracts (Regulation) Act, 1956 - Section 2Union of India v. A. Sanyasi … 112(1), 115I, 115O, 115AD, 115AD(3) and 245(1); Finance Act, 1999; Finance (No. 2) Act, 2004; Securities Contracts (Regulation) Act, 1956 - Section 2Union of India … in respect of "Tax on income of FIIs from securities or capital gains arising from their transfer" in Chapter XII which deals with "Determination of tax in certain special cases". Section 115AD being a special provision will

Commissioner of Income-tax, New Delhi Vs. Eli Lilly and Company (India ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 4, 4(1), 4(2), 5, 5(2), 9, 9(1), 14, 15, 30 to 38, 40, 90, 90A, 115A, 115B, 115BB, 115BBB, 115E, 132(5), 133A, 159A, 160, 160(1), 161, 162, 163, 164, 164A, 167B, 172(4), 174(2), 175, 176(2), 190, 191, 192, 192(1), 192(1A), 192(2), 193, 194, 194A, 194B, 194BB, 194D, 200, 200(1), 200(3), 201, 201(1), 201(1A), 203, 203A, 204, 206, 221, 271(1), 271A, 271AA, 271B, 271BA, 271BB, 271C, 271C, 271CA, 271E, 271F, 271FA, 271FB, 271G, 272A, 272AA(1), 272BB(1), 272BB(1A), 272BBB(1), 273(2), 273B and 276B; Companies Act, 1956; Finance Act, 1983; Finance Act, 1999; Income Tax Act, 1922 - Sections 4 and 42(1); Income Tax Rules, 1962 - Rules 36A, 37 and 114A; Constitution of India - Article 245

Reported in : 2009BusLR418(SC); (2009)223CTR(SC)20; [2009]312ITR225(SC); JT2009(5)SC78; 2009(4)SCALE384; [2009]178TAXMAN505(SC); 2009(4)LC1742(SC); 2009AIRSCW3104

clause payable for service rendered in India shall be regarded as income earned in India.Explanation.- .-(Substituted by the Finance Act, 1999, w.e.f. 1.4.2000)- For the removal of doubts, it is hereby declared that the income of the nature referred … In this batch of civil appeals, the question which arises for determination is - whether TDS provisions in Chapter XVII-B, which are in the nature of machinery provisions to enable collection and recovery of taxes, are independent … adopted the arguments mentioned hereinabove.III. Relevant Provisions of the Income-tax Act, 1961:Section 2 - Definitions.2.(37A) 'Rate or rates in force' or 'rates in force', in

Eversmile Pre-fab Pvt. Ltd. Vs. Commissioner of Central Excise Thane-i ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Excise

plaster, cement, asbestos, mica or other similar materials not elsewhere specified or included" underwent a change under the Finance Act, 1997 and, accordingly, three sub-headings came into existence from 1.4.1997, of which SH 6807.20 covered "blocks, slabs, concrete … connection, he relied on the Tribunal's decision in CCE, Mumbai vs. Excon Building Material Mfg. Co. Pvt. Ltd. 1999 (112) ELT 516. For the period from 1.4.1997 also, similar benefit was denied to the assessee on the … relevant period. The entries at serial No.3 ibid. read as follows:- S.No. Chapter or Description of goods Rate of duty Heading No. ------ --------------- ------------------------- … of the Act. The present appeal is directed against the Commissioner's order. 2. This case is before us in a second round. The final order

Universities Superannuation Scheme Limited as Trustee of Universities ...

Court : Authority for Advance Rulings

Subject : Land Acquisition

It needs to be mentioned here that the proviso to sub-section (1) of section 112 (inserted by the Finance Act 1999 w.e.f. 1.4.2000), extends the benefits of limiting the rate of tax to 10% in respect of any income … of “tax on income of Foreign Institutional Investors from securities or capital gains arising from their transfer” in Chapter XII which deals with “determination of tax in certain special cases”. Section 115AD being a special provision will … assessee who has suffered a capital loss on the transfer of securities? 2. The Director of Income tax, International Taxation, Mumbai (hereinafter referred to as