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The Commissioner of Income Tax and Vs. Brindavan Beverages Ltd.
Karnataka
Sep-30-2009
Direct Taxation
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
(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
Tag this Judgment! AI Brief & AskPremier Automobiles Ltd. Vs. Income Tax Officer and anr.
Mumbai
Apr-09-2003
Direct Taxation
Finance Act, 1999; Income Tax Act, 1961 - Sections 2(14), 2(42C), 45 to 50, 55 and 230A
(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
Tag this Judgment! AI Brief & AskCommissioner of Income-tax Vs. Smt. Premlata Jalani
Rajasthan
Jul-14-2003
Direct Taxation
Income Tax Act, 1961 - Sections 143(1), 143(2), 154, 215, 234B, 234C and 234C(1); Direct Tax Laws (Amendment) Act
(2003)185CTR(Raj)601; [2003]264ITR744(Raj)
subsequently amended from time to time, prior to its substitution (with effect from June 1, 1999), by the Finance Act, 1999, stood as under :'(1)(a) Where a return has been made under Section 139, or in response to a … Assessing Officer either on the application of the assessee or on his own within the period prescribed under Sub-section (2) of Section 143 of the Act.18. This scheme was further amended in 1980 while taking away the power
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Commissioner of Income Tax, Bangalore Vs. Infosys Technologies Ltd.
Supreme Court of India
Jan-04-2008
Direct Taxation
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)
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)
Tag this Judgment! AI Brief & AskSedco Forex International Drill. Inc. and ors. Vs. Commissioner of Inc ...
Supreme Court of India
Nov-17-2005
Direct Taxation
Income Tax Act, 1961 - Sections 4(1), 5(2), 9, 9(1) and 119; ;Finance Act, 1999 - Sections 9(1); ;Finance Act, 1983
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 … residents of the United Kingdom. The schedule of work as specified in the agreements envisaged 35 days or 28 days work in a foreign location (in this case India) followed by 35 days or 28 days 'field
Tag this Judgment! AI Brief & AskJackson and others (Appellants) Vs. Her Majesty's Attorney General (Re ...
House of Lords
Oct-13-2005
MRTP
or wrecked (Searle, op cit, p 409). Among these was the 1909 Finance Bill, introduced by Mr Lloyd George, which was passed by the Commons … achieve objects of more minor or no constitutional import (the War Crimes Act 1991, the European Parliamentary Elections Act 1999, the Sexual Offences (Amendment) Act 2000 and now the 2004 Act). There are issues here which merit serious … to the 1911 Act. Its substantial effect was to reduce the number of successive sessions referred to in section 2(1) of the 1911 Act from three to two, and to reduce the lapse of time referred to in
Tag this Judgment! AI Brief & AskThe Director of Income-tax Vs. Garden City Educational Trust
Karnataka
Jul-15-2009
Direct Taxation
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 … with Section 12A of the Act as it is carrying on activity of charitable purpose in terms of Section 2(15) of the Act without examining the various materials relied on toy the Director (Exemption) who had arrived at
Tag this Judgment! AI Brief & AskThe Commissioner of Income Tax-v Vs. Natraj Stationery Products (P) Lt ...
Delhi
Nov-21-2008
Direct Taxation
Income Tax Act, 1961 - Sections 80IA, 80IA(2), 80IB, 80IB(3), 143(1) and 260A; Finance Act, 1991; Finance Act, 1992; Finance Act, 1993; Finance Act, 1994; Finance Act, 1995; Finance Act, 1996; Finance Act, 1997; Income Tax (Amendment) Act, 1998; Finance Act, 1998; Finance Act, 1999
(2009)222CTR(Del)430; [2009]312ITR22(Delhi); [2009]177TAXMAN168(Delhi)
undertaking.9. It would be relevant for the purpose of present appeals to note that by virtue of the Finance Act, 1999 with effect from 01.04.2000, Section 80-IA of the Act was bifurcated into two sections namely 80-IA and 80IB. … Rajiv Shakdher, J.1. These appeals under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the 'Act') are preferred by the Revenue against
Tag this Judgment! AI Brief & AskCommercial Tax Officer Vs. C.P.D. Computer Peripheral Devices Private ...
Chennai
Sep-02-2008
Sales Tax
Tamil Nadu Taxation Special Tribunal Act, 1992 - Sections 2, 6, 23, 24, 24(9) and 42; Tamil Nadu Taxation Special Tribunal (Repeal) Act, 2004 - Sections 3; Tamil Nadu General Sales Tax Act, 1959 - Sections 2, 3, 3A, 3B, 3C, 3D, 3E, 4, 7A, 11, 12, 16, 16(5), 16(6), 30, 31, 31A, 32, 32(2), 33, 34, 34(2), 35, 36, 36(2), 36(3), 36(3A), 36(6), 37, 37(1), 38, 38A, 39 and 52; Central Sales Tax Act, 1956 - Sections 9(2); Tamil Nadu General Sales Tax (Seventh Amendment) Act, 1986 - Sections 3; Tamil Nadu Additional Sales Tax Act, 1970; Tamil Nadu Sales Tax (Surcharge) Act, 1971; Tamil Nadu Taxation Special Tribunal (Amendment) Act, 2005; Finance Act, 1999 - Sections 3, 7, 10C and 89; Income Tax Act - Sections 2 and 10B; Extra Provincial Jurisdiction Act, 1947 - Sections 4; Merged State's Law
(2009)21VST581(Mad)
insertion or omission. If such amendments are made, they can be regarded as textual amendments. For example, the Finance Act, 1999 made certain extensive amendments to the Income-tax Act. Section 3 of the Finance Act, 1999 provides for amendment … the sale or purchase of goods in the State of Tamil Nadu. Various terms have been defined under Section 2 of the Act. Sections 3, 3A, 3B, 3C, 3D, 3E, etc., are charging sections. Section 4 provided for
Tag this Judgment! AI Brief & AskCoral Cosmetics Ltd. Vs. Union of India (Uoi)
Mumbai
Dec-23-2005
Excise
Finance Act, 1999 - Sections 131 and 132; Central Excise Act, 1944 - Sections 4, 37 and 37(2); Central Excise Rules, 1944; Central Excise (Amendment) Rules, 1997 - Rule 57F and 57F(17); Companies Act, 1956; Customs Tariff Act, 1975 - Sections 3; Central Excise Tariff Act, 1985; Constitution of India - Articles 14, 19(1) and 141
2009[16]STR371
V.C. Daga, J.1. The petitioners seek to challenge the constitutional validity of Section 131 and 132 of the Finance Act, 1999. By Section 131 of the Finance Act, Clause (xxviii) was inserted in Section 37(b) of the Central Excise … the aforesaid amendment, challenged the constitutional validity of Rule 57F(17)(e) of the said Rules by Writ Petition No. 2018 of 1998 filed in this Court. By an order dated 22nd June, 1998 operation of Notification 57/97-C.E. (N.T.)
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