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Anurag Pictures Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Cochin

Subject : Direct Taxation

Reported in : (2004)90ITD669(Coch.)

deduction under Section 80HHC.Further resorting to the newly inserted provisions of Section 80HHF with effect from 1-4-2000 by Finance Act 1999 granting tax holidays to the assessees engaged in the cinematography business, the assessing officer held that such tax … of Film Industry" by Ninad Korpe, (current law Publishers) here it is specifically stated at pages 122 and 123 that the normal practice in the film industry is to lease the right for a limited period of

Shri Rajinder Nirula and Tilak Raj Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Land Acquisition

out of India in contravention of the provisions of Sections 5 and 7 of the Foreign Exchange Management Act, 1999 with Section 11(1) of the Customs Act, 1962 and hence liable to confiscation under the provisions of Section … confiscation was not tenable. viii) Since the foreign currency is not an item covered by the provisions of Section 123 of the Customs Act, 1962, the burden of proof lies on the department. ix) Provisions of the Customs … currency facilitates transaction in hand substances including narcotic drugs. It also facilitates financing of illegal and terrorist activities by foreign elements. It also facilitates money

T.C.i. Finance Ltd. Vs. Asstt. Cit, Range 3

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (2004)91ITD573(Hyd.)

which involve the following issues:- Inclusion in the total income of the sum of Rs. 1,23,59,180 being unrealized finance charges on hire purchase agreements (Rs. 24,00,077), unrealized lease rentals (Rs. 97,50,771) and unrealized interest (Rs. 2,08,332) on … on non-receipt of any income, the assessee was competent to write off under' Section 36 of the Income-tax Act, 1961, as bad debts after actually writing off from the books of account; and the Prudential Norms issued … the CIT (Appeals) IV, Hyderabad, dated 12-12-2002, in respect of asst. year 1999-2000.2. The assessee has raised nine grounds in this appeal which involve the

Escotal Mobile Communications Ltd. Vs. Union of India (Uoi) and ors.

Court : Kerala

Subject : Sales TaxService Tax

Acts : Finance Act, 1994 - Sections 65(72) and 67; Kerala General Sales Tax Act, 1963 - Sections 2; Constitution of India - Article 248

Reported in : [2002]126STC475(Ker); 2006[2]STR567

quarters covered during the period from January, 1997 to April, 1999, under Section 73(a) of the Finance Act, 1994. An order was also made for … gross value of service charges and that it had duly, complied with the law, both KGST Act and Finance Act.6. In the meanwhile, the Central Board of Excise and Customs, issued circular No. 23/3/97 dated October 13, 1997 … items exigible to sales tax and service tax on the activation charges. By a notice dated May 18, 1999 (vide exhibit P1), the Superintendent of Central Excise, Service Tax Range, Ernakulam II Division, called upon the petitioner … Punjab and Haryana, in Union of India v. State of Haryana [2001] 123 STC 539. This was also a case of sales tax attempted to

Premier Automobiles Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2003)84ITD169(Mum.)

that slump sales are assessable to tax only by virtue of amendment made in the statute book by Finance Act, 1999 which is prospective in operation. Since the instant sale took place prior to that, it is not taxable. … has also referred to pp. 112, 116 Clause 2A(i), Clause 2A(ii), p. 123 (Clause 2C), 125, Clause 3.4(d), 130 (Clause 3.7.5), 131, Clause 3.8(b) 140 … IT authorities have erred in law and on the facts of the case in taxing Rs. 46,78,000 under Section 41(1) of the Act".The learned counsel of the assessee contended that the amount of Rs. 46,78,000 has been

Hercules Hoists Limited Acit Vs. Mumbai

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

stood clearly defined by way of an Explanation to section 80-IA as it stood prior to substitution by Finance Act, 1999 w.e.f. 01.04.2000 and, further, could have been easily defined, either per section 80-IA(5) itself or by way of … admissible under the said section. To the same effect and purport are the 'Notes on clauses' (reported at 123 ITR (Statutes) 126) and the 'Memorandum explaining the provisions of the Bill, vide clause 30 thereof qua section

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, … was held by the Supreme Court in the case of Govinddas and Ors. v. CIT (1976) 103 ITR 123 (SC) that if the enactment is expressed in a language, which is fairly capable of either interpretation, it

Acit Vs. Goldmine Shares and Finance Pvt.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2008)113ITD209(Ahd.)

the determination is to be made.21. The provisions of Section 80IA were then divided in two parts by Finance Act, 1999 w.e.f. 1-4-2000- one, by the replaced 80IA and other, by the newly inserted Section 80IB. For material purposes … determination is to be made.16. Notes on Clause explaining the scope of Sub-section (6), as appears in ITR 123 ITR 126 (Statute) reads as under: Sub-section (6) provides that for the purpose of computing the deduction at

Iae International Aero Engines Ag Vs. United Breweries(holdings) Limit ...

Court : Karnataka

Subject : Land Acquisition

International Aero Engines AG and others Vs.United Breweries (Holdings) Limited Company Petition No.122/2012 4/244 Between: Rolls-Royce & Partners Finance Limited Having its registered office at 65 Buckingham Gate, London SWIE6T England Represented herein by its Authorised Signatory … with the intent of the parties.” 118. It is submitted that Section 13 of the Foreign Exchange Management Act, 1999 expressly stipulates penalties for contravention of provisions of the Act, any rule, regulation, notification, direction or order issued … matters IAE International Aero Engines AG and others Vs.United Breweries (Holdings) Limited 123/244 133. KFA at all material times provided at no cost to the

Tata Sky Limited Vs. the State of Uttarakhand and ors.

Court : Uttaranchal

Subject : Company

Acts : Companies Act, 1956; ; Indian Telegraph Act, 1885 - Section 4; ; Indian Wireless Telegraphy Act, 1933; ; Uttar Pradesh Entertainment and Betting Tax Act, 1979 - Sections 2, 3, 4, 4A, 4A(4), 4B and 4C; ; Bombay Entertainments Duty Act, 1923; ; Uttar Pradesh Entertainment and Betting Tax (Amendment) Act, 2009; ; Finance Act, 2001 - Sections 65, 65(5), 65(13), 65(63), 65(72) and 137; ; Prasar Bharti (Broadcasting Corporation of India) Act, 1990 - Section 2; ; Finance Act, 2002 - Sections 65, 66(5), 65(14), 65(15), 65(80) and 65(90); ; Finance Act, 2003 - Section 65, 65(16), 65(95), 65(105) and 66(1); ; Finance Act, 2004; ; Finance Act, 2005 - Section 65(16) and 65(105); ; Government of India Act, 1935; ; Cable Television Networks (Regulation) Act, 1995; ; Bengal Amusements Tax Act, 1922; ; We

the fact, that broadcasting was subjected to tax liability as a 'service' for the first time under the Finance Act, 2001. Chapter V. of the Finance Act, 2001 bears the heading 'Service Tax'. Section 65(13) of the Finance … the said Report, Section 11(3)(d) was added as part of the substitution of Section 11 in the year 1999. Sub-section (d) provides that "the investment which the applicant proposes to make in the mines and in the … Haryana High Court in Union of India v. State of Haryana (2001) 123 STC 539, wherein it was held, that no component of sale was