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Commissioner of Income Tax, Mumbai Vs. Anjum M.H. Ghaswala and ors.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 2(43), 116, 119, 119(2), 139(1), 139(4), 139(8), 142(1), 154, 155, 156, 158BF, 215(4), 216, 220(2A), 234A, 234B, 234C, 245A, 245B, 245BA, 245C, 245C(1), 245D, 245(1), 245(2), 245D(3), 245D(4), 245D(6), 245F, 245H, 245L, 245-I, 250, 254, 260, 262, 263 and 264; Finance Act, 1999; Indian Penal Code (IPC), 1860; Finance Act, 1987

Reported in : 2001VIIIAD(SC)627; AIR2001SC3868; (2001)171CTR(SC)1; [2001]252ITR1(SC); JT2001(9)SC61; 2001(7)SCALE333; (2002)1SCC633; [2001]119TAXMAN352(SC); 2001(8)Supreme145; (2001) 4 SCC9

be liable to pay simple interest at the rate of [one and one-half] {Substituted for 'two' by the Finance Act, 1999 w.e.f. 1.6.1999} per cent for every month or part of a month comprised in the period commencing on … of the Board which are incidental to the functions of the Commission, which includes the Board's power under Section 119 of the Act to relax the rigors of Section 234A, 234B and 234C of the Act. 5. By

K. Venkata Reddy Vs. Commissioner of Income Tax, A.P.ii, Hyd. and Anot ...

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Finance Act, 1997 - Sections 33(1), 68(2), 88, 90 and 90(1); Central Treasury Rules - Rules 79, 80 and 81; Voluntary Disclosure of Income Scheme, 1997; Kar Vivad Samadhan Scheme, 1998; Indian Income Tax Act, 1922 - Sections 4(1); Limitation Act, 1908 - Sections 20; Finance Act, 1977 - Sections 67 and 67(1); Income Tax Act, 1961 - Sections 119(2); Finance (Amendment) Act, 1998 - Sections 90(2)

Reported in : 2001(4)ALD51; 2001(4)ALT160

the case of Kangold (India) Ltd., (supra) with referenceto the Voluntary Disclosure of Income Scheme, 1997 under the Finance Act, 1997. In that case the petitioner made a declaration on December 30, 1997 under the scheme. As per … 1994-95, showing the tax arrears at Rs.74,390/- and Rs.1,14,598/- respectively, A certificate of Intimation in Form 2-A under Section 90(1) of the Finance (No.2) Act, 1998 was issued to the petitioner. In terms of the Intimation, the … filed by the assessee. Thereafter, the petitioner filed an application under Section 119(2)(b) of the Income Tax Act, 1961 to the Central Board of Direct

Sedco Forex International Drill. Inc. and ors. Vs. Commissioner of Inc ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4(1), 5(2), 9, 9(1) and 119; ;Finance Act, 1999 - Sections 9(1); ;Finance Act, 1983

Reported in : AIR2006SC428; (2005)199CTR(SC)320; [2005]279ITR310(SC); JT2005(5)SC639; (2005)12SCC717

It was further submitted that the amendment to the Explanation to Section 9(1)(ii) was brought about by the Finance Act 1999 and was retrospective since it was clarificatory. It was also stated that the issue whether a statute is … of the effect of the 1999 amendment even if it were assumed not to bind the respondents under Section 119 of the Act, nevertheless affords a reasonable construction of it, and there is no reason why we should

Excise Commissioner and anr. Vs. Mysore Sales International Ltd. and o ...

Court : Karnataka

Subject : Direct Taxation

Reported in : (2006)203CTR(Kar)505

with the Explanation Part to sub-section (11) of section 206C of the Act which was inserted by the Finance Act with effect from 1-4-1992. Insofar as liquor for human consumption (other than Indian made foreign liquor), the percentage … proposition of law that the circulars issued by the IT department in exercise of its statutory power under section 119 of the Act beneficial to the assessee are toned down the rigour of the law and therefore they

infosys Technologies Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT

Subject : Direct Taxation

Reported in : (2003)86ITD342(Bang.)

it to even rope in the benefit arising from an ESOP. The insertion of Section 17(2)(c)(iiia) by the Finance Act, 1999, was only by way of an abundant caution. The proviso introduced to Section 17(2)(c)(iii) by Finance Act, 2000, … basis for any item being taxed. A circular cannot lay down any law.Circular cannot create any law. Under Section 119. circulars can be issued only for the purpose of proper administration of law. We also agree with the

K. Venkata Reddy Vs. Cit and anr.

Court : Andhra Pradesh

Subject : Direct Taxation

Reported in : (2001)169CTR(AP)41; [2001]250ITR147(AP)

of Kangold (India) Ltd.'s case (supra), with reference to the Voluntary Disclosure of Income Scheme, 1997, under the Finance Act, 1997. In that case the petitioner made a declaration on 30-12-1997, under the Scheme. As per section 67 … 91st day after the declaration was filed by the assessee. Thereafter, the petitioner filed an application under section 119(2)(b) of the Income Tax Act, 1961, to the Central Board of Direct Taxes for condoning the delay of

Shree Jagannath Packers and ors. Vs. State of Orissa and ors.

Court : Orissa

Subject : CivilSales Tax

Acts : Orissa Sales Tax Act, 1947 - Sections 6, 7 and 12; Central Sales Tax Act, 1956 - Sections 8(5) and 13(3); State Financial Corporation Act, 1951 - Sections 29; Orissa General Clauses Act, 1937 - Sections 22; Punjab General Clauses Act, 1898 - Sections 19; Bihar Finance Act - Sections 7; Customs Act, 1962 - Sections 25 and 25(1); Electricity Supply Act - Sections 49; Rajasthan Sales Tax Act, 1954 - Sections 4(2); East Punjab Public Safety Act - Sections 20 and 36(1); General Clauses Act, 1897 - Sections 21; Central Sales Tax (Deferment of Payment of Taxes) Orissa Rules, 1990; Constitution of India - Articles 14, 154(1), 154(2), 161, 162 and 166(3)

Reported in : [2005]141STC26(Orissa)

that a notification issued by the State Government in exercise of powers under Section 7 of the Bihar Finance Act to the extent it is repugnant to the Industrial Policy Resolution of the Government of Bihar is bad. … of by this common judgment.Facts of individual cases as stated in the writ petitions:2. O.J.C. No. 9967 of 1999 (Petitioner--Shree Jagannath Packers) :By IPR, 1989 the Government of Orissa declared, inter alia, that exemption will be allowed … 2 SCC 502 and Dai-Ichi Karkaria Ltd. v. Union of India (2000) 119 ELT 516 (SC).14. Mr. Das further submitted that the sales tax incentives

Abn Amro Bank Nv Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2005)96TTJ(Kol.)1041

contrary view overruling the Tribunal decision considering the Explanation to Section 90(2) of the Act, inserted by the Finance Act, 2001." 39. The relevant facts relating to this issue are that the AO had levied tax in this … March 1989, and amended by Notification No. SO 693(E), dt. 30th Aug., 1999. This agreement is available in (1989) 177 ITR (St) 72. The Notification … contended that even the letters issued by the Board are considered as circulars having a binding force under Section 119 of the IT Act, 1961. It was further contended that the withdrawal of the circular issued by the

ito Vs. Selchem Engineers (P) Ltd.

Court : Delhi

Subject : Direct Taxation

Reported in : (2004)84TTJ(Del)101

assessed') was disallowed by the assessing officer keeping in view the provisions of section 32(2) as amended by Finance (No. 2) Act, 1996, with effect from 1-4-1997. The learned Commissioner (Appeals), however, allowed this claim of the … set off the same against business income or income under any other head for assessment year 1997-98. Under section 119, the CBDT has power, inter alia, to tone down the rigour of the law and ensure a fair

Commissioner of Income Tax Vs. JaIn Construction Co. and ors.

Court : Rajasthan

Subject : Direct Taxation

Reported in : (1999)156CTR(Raj)290

Matched in: Citation (1999)156CTR(Raj)290