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Commissioner of Income Tax Vs. A.M. Habeeb

Court : Kerala

Subject : Direct TaxationCivil

Acts : Income Tax Act, 1961 - Sections 249(1), 253(6), 260A, 260A(2) and 260A(7); Wealth-tax Act, 1957 - Sections 27A; Kerala Court Fees and Suits Valuation Act, 1959 - Sections 52A - Schedule - Article 3; Finance Act, 1999; Code of Civil Procedure (CPC) , 1908 - Sections 100; Kerala Court Fees and Suits Valuation (Amendment) Act, 2003

Reported in : (2004)188CTR(Ker)100; [2004]268ITR344(Ker); 2004(2)KLT202

Matched in: Citation (2004)188CTR(Ker)100; [2004]268ITR344(Ker); 2004(2)KLT202

Commissioner of Income Tax Vs. Bencomar Hotels (Goa) Pvt. Ltd.

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 143(1), 143(3), 148, 154, 260A, 260A(7), 260B and 263A; Code of Civil Procedure (CPC) , 1908 - Sections 100 and 109; Finance Act, 1988; Finance Act, 1999; Code of Civil Procedure (CPC) (Amendment), 1976; Constitution of India - Article 133(1)

Reported in : (2009)222CTR(Bom)606

(2) 1988 which was brought into effect from 1st October, 1990 and the changes made thereunder by the Finance Act 1999 whereby Section 260A and 260B are inserted and added under the sub heading 'cc-appeals to High Court.' It … Income Tax, Panaji, Goa. The appeal under Section 260A can be termed as Second Appeal as envisaged under Section 100 of the Civil Procedure Code 1908.The appeal raises the following substantial question of law:(A) Whether on the facts

M. Janardhana Rao Vs. Joint Commissioner of Income Tax

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 50B, 260A, 260A(1), 260A(2), 260A(3), 260A(4) and 260A(5); Companies Act, 1956 - Sections 583(4); Finance Act, 1999; Code of Civil Procedure (CPC) , 1908 - Sections 100, 100(1), 100(3), 100(4) and 100(5); Finance Act, 1998

Reported in : (2005)4CompLJ23(SC); (2005)193CTR(SC)585; [2005]273ITR50(SC); JT2005(2)SC402; 2005(1)MhLj1142; 2005MPLJ401(SC); (2005)2SCC324

There was even no reference to the plea that before amendment of Section 506 of the Act by Finance Act, 1999 there was no scope for levying any tax under the heading 'capital gain' before 1.4.2000. The questions were … in the Act.10. Some of the provisions of Section 260A are in pari materia with various sub-sections of Section 100 CPC. The provisions are Section 260A(1), 260A(2)(c), 260A(3), 260A(4) of the Act corresponding to Section 100(1), 100(3), 100(4)

Premier Automobiles Ltd. Vs. Income Tax Officer and anr.

Court : Mumbai

Subject : Direct Taxation

Acts : Finance Act, 1999; Income Tax Act, 1961 - Sections 2(14), 2(42C), 45 to 50, 55 and 230A

Reported in : (2003)182CTR(Bom)202; [2003]264ITR193(Bom)

'slump sale' under Section 2(42C) was not there as that definition came on the statute book only under Finance Act, 1999, w.e.f. 1st April, 2000. The concept of slump sale initially was evolved under judge-made law which has been … allowed with no order as to costs. (i) Direct Taxation - transaction - Sections 2 (14), 2 (42 C), 45 to 50, 55 and 230 A of Income Tax Act, 1961 and Finance Act, 1999 - whether

The Commissioner of Income Tax and Vs. Brindavan Beverages Ltd.

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(14), 2(19AA), 2(42C), 41[2], 45, 48, 50B, 80IA(4), 80IB(4), 80IB(5), 80HHC, 80HHC(3), 80HHC(3A), 80HHC(4), 80HHC(4A), 115A, 115B, 115BB, 115C, 115J, 115JA, 115JA[1], 115JA[2], 115JA[4], 115JB, 143(2), 161[1A], 164, 164A, 207, 208, 209, 209[1], 210, 211, 215, 234, 234A, 234B, 234C, 234G, 254(2) and 260A; Finance [No. 2] Act, 1996; Finance Act, 1997; Finance Act, 1998; Finance Act, 1999; Finance Act, 2000 - Sections 2; Companies Act, 1956 - Sections 210; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(1) and 17(1); Constitution of India - Article 141

Reported in : (2010)228CTR(Kar)1; [2010]186TAXMAN233(Kar)

in Sub-section 42-C of Section 2 of the Act only with effect from 1-4-2000, as inserted by the Finance Act 1999 and which reads as under:2(42-C) 'Slump sale' means the transfer of one or more undertakings as a result … where the total income of a company as computed and indicated by the assessee itself is say Rs. 100 erores, but 30% of the book profits of the assessee as computed in terms of Section 115JA of

Commissioner of Income Tax, Bangalore Vs. Infosys Technologies Ltd.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 17(1), 17(2) and 192; Finance Act, 1999; Securities Contracts (Regulation) Act, 1956 - Sections 2; Fourth Schedule Rules - Rules 6, 11(2) and 11(4)

Reported in : 2008BusLR235(SC); (2008)214CTR(SC)293; [2008]297ITR167(SC); JT2008(1)SC225; 2008(1)SCALE92; (2008)2SCC272

do not find merit in the contention advanced on behalf of the Department that Section 17(2)(iiia) inserted by Finance Act, 1999 w.e.f. 1.4.2000 was clarificatory and, therefore, retrospective in nature.11. We quote hereinbelow Section 17(2)(iiia), which reads as under:(iiia) … be allotted one equity share of the face value of Rs. 10/- each for total consideration of Rs. 100/-. The Trust was to hold the warrant and transfer the same to the employees of the company under

M/s. Advantage Strategic Consulting Pvt Ltd. Represented by its Direct ...

Court : Chennai

Subject : Land Acquisition

the FIPB approval was granted on 20.03.2006 to M/s. Global Communication Services Holdings Limited, Mauritius by the then Finance Minister. The payment of Rs.26,00,444/- was made by AVTL to ASCPL on 11.04.2006. At that time, when Mr. … as they are not maintainable before this Court. No costs. Consequently, connected miscellaneous petitions are closed. Foreign ExchangeManagement Act, 1999 Section 37 Income Tax Act, 1961 Section 132 Constitution of India, 1950 Article 226 Maintainability of Writ petition Petitioner … second respondent from the residence of the Director of the petitioner Mr. C.B.N. Reddy during the search operations on 01.12.2015 under the Panchanama in exercise

Commissioner of Income Tax-Vi Vs. Vrm India Ltd.

Court : Delhi

Subject : Land Acquisition

the three activities, i.e., (i) to develop, (ii) to maintain, and (iii) to operate. After the amendment by Finance Act, 1999, w.e.f. 1st April, 2000, ITA No.2069/2010, 318/2014 & ITA No.320/2014 Page 11 deduction under section 80-IA(4) became available … the local authority. Such undertaking should have embarked on construction of the housing project on or after 01-10-1998. 100% deduction can be availed of the profits derived from construction of such housing projects. The explanation to Section

Commissioner of Income Tax, Delhi-I Vs. M/S. Container Corporation of ...

Court : Supreme Court of India

Subject : Land Acquisition

Section 80-IA of the IT Act as the power of the said Board was taken away by the Finance Act, 2001 with effect from 01.04.2002. Learned senior counsel further contended that in view of the aforesaid amendment, 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 … the Finance Act primarily is to prescribe the rate of tax and the manner of calculation of tax; c) The Finance Act is not intended to incorporate the entire procedural and substantive law relating to tax; d)