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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

Union of India (Uoi) and ors. Vs. Warren Tea Ltd. and ors.

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(1A), 2(45), 10(1), 80A, 80A(2), 80AB, 80HHC and 80HHC(4B), ;Income Tax Rules, 1962 - Rule 8; ;Constitution of India - Articles 246, 254 and 366; ;Finance Act, 1999

Reported in : (2004)187CTR(Cal)113

against the said judgment. During the pendency of these appeals, Sub-section (4B) was inserted in Section 80HHC through Finance Act, 1999, w.e.f. 1st of April, 1992. Mr. P.K. Mullick, learned senior counsel, appearing on behalf of the Department-appellant in … May, 1991, was made effective.9. The answer could be very simple. We could have buried the question under Section 10(1) which excludes agricultural income altogether from the purview of the Act. Rule 8 cannot be read in a

The Director of Income-tax Vs. Garden City Educational Trust

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act - Sections 2(15), 10(22), 11, 12, 12A, 12AA, 252(4), 253(1) and 260A; Finance Act, 1999

Income Tax Act up to the assessment year 1998-99.5. In view of the amendment brought about by the Finance Act, 1999 deleting the provisions of Sub-section (22) of Section 10, the assessee-trust could not claim exemption under the specific

S.R. Koshti Vs. Commissioner of Income-tax

Court : Gujarat

Subject : Service

Acts : Constitution of India - Articles 226 and 227; Income Tax Act, 1961 - Sections 10(10C), 139(5), 143, 143(1), 143(3), 154, 244A, 246, 246(1), 246(1B), 263, 264, 264(1), 264(2), 264(3) and 264(4); Finance Act, 1994; Finance Act (Amendment), 1999

Reported in : (2005)193CTR(Guj)518; [2005]276ITR165(Guj)

the purposes of sections 246 and 264.'On a plain reading of the said Explanation, which was omitted by Finance Act, 1999 w.e.f. 1st June 1999, it becomes clear that even for the limited period when the legislature wanted the … became aware that he was entitled to certain portion of the income so received as being exempt under Section 10(10C) of the Act, but the employer had deducted tax at source on the entire amount by treating the

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

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

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 … @60 per cent without any exemption or slab rates. It is further stated that block assessment comprise of 10 years and there being different rate of surcharge and in most of these years there was no surcharge,

Commissioner of C. Ex. and Stc Vs. First Flight Couriers Ltd.

Court : Karnataka

Subject : Service Tax

Acts : Finance Act, 1994 - Sections 76; Income Tax Act - Sections 80; Industrial Disputes Act - Sections 10(3)

Reported in : (2007)213CTR(Kar)550; 2007[8]STR225; [2008]12STT127; (2008)18VST282(Karn)

Finance Act, 1994) as the explanation offered by him that during the period from October 1998 to May 1999 the workmen were on strike and therefore, the Service Tax charges could not be remitted and the returns … and prayed to answer the same in favour of the revenue, which reads thus,-Whether Section 76 of the Finance Act, 1994 relating to Service tax to be read as the penalty which shall not be less than Rs. … be read as the penalty which shall not be less than Rs. 100/- per day but for every day during which such failure continues' or

American Hotel and Lodging Association Educational Institute (Earlier ...

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 1(2), 10, 10(22), 10(22A), 10(23C), 11, 11(1), 11(2) and 11(5); Finance Act, 1998; Internal Revenue Code of 1954 - Sections 501(3)

Reported in : (2006)206CTR(Del)601; [2007]289ITR46(Delhi)

legislative history of the amended provision. The purpose, nature and import of the legislative amendment brought by the Finance Act, 1998 with effect from the assessment year 1999-2000 has been explained in paragraph 8 of CBDT Circular No. … Section 10(22) of the Act. thereforee, its income in India is not taxable.7. With effect from 1st April, 1999, Section 10(22) of the Act was substituted by Section 10(23C)(vi) thereof. However, the substantive provision of Section 10(23C)(vi) remained

Shema Oommen Vs. Agricultural Income Tax Officer

Court : Kerala

Subject : Direct Taxation

Acts : Kerala Agricultural Income Tax Act, 1991 - Sections 3, 3(2), 12, 13, 13(1) and 13(9B)(1)

Reported in : (2004)191CTR(Ker)296; [2004]270ITR540(Ker); 2004(1)KLT267

Section 13 of the Kerala Agricultural Income Tax Act, 1991 (for short 'the Act') inserted by the Kerala Finance Act, 1994 is illegal, arbitrary and unconstitutional. She has further sought to quash Ext. P4 proceedings of the first … common tenancy together with his individual property does no exceed the limit specified under Sub-section (1)'. Sub-section ( 10) provides that any person who is permitted to pay tax in accordance with the provisions of Section 13

The Commissioner of Income-tax Vs. A.K. Khosla

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10, 14, 15, 16, 17, 17(1), 17(2), 17(3), 143(1), 143(3), 147 and 148; ;Indian Income Tax Act, 1922 - Section 7(1); ;Income Tax Rules - Rule 3; ;Finance Act, 1999 - Section 17(2); ;Finance Act, 2001; ;Finance Act, 2002 - Section 271; ;Securities Contracts (Regulation) Act, 1956 - Section 2; ;Constitution of India - Article 20(1)

297 ITR 167, has considered the scope of amended provision of Section 17(2)(iiia) which was inserted by the Finance Act 1999 with effect from April 1, 2000. The issue in that judgment is whether the said provision comes into … to in Clause (10) Clause (10A) cause (10B), Clause (11), Clause (12), Clause (13) or Clause (13A) of Section 10, due to or received by an assessee from an employer or a former employer or from a provident

V.G. Ramachandran Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Land Acquisition

Reported in : (2006)100ITD545(Chennai)

either. It is pertinent to mention here that even while Clause (10C) has since been amended by the Finance Act, 2003, so as to make it applicable: not only to any amount "received" but also to any amount … assessee retired from BHEL, Trichy and opted for voluntary retirement in August 1999 under the BHEL VRS. The assessee claimed exemption under Section 10(10C) of … retirement scheme, 'VRS' subject to a limit of Rs. 5,00,000 are exempt from being charged to tax under Section 10(10C) of the Income-tax Act, 1961, even, if the payment is made in instalments and the same are paid