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Chandrakant N. Tolia Vs. the Assistant Commissioner of Income Tax

Court : Chennai

Subject : Direct Taxation

Acts : Finance Act, 1999 - Sections 24, 139, 142(1), 143(1) and 156

Reported in : [2009]316ITR312(Mad)

the assessee.9. The relevant provisions of Section 143(1)(a), as it then stood prior to the substitution by the Finance Act, 1999 with effect from 1.6.1999, reads as follows:143(1)(a). Where a return has been made under Section 139, or in … Section 143(1)(a), the Assessing Authority made a prima facie adjustment rejecting the said claim and granted deduction under Section 24; thereby re-fixed the income from the property at Rs. 96,000/-.3. Aggrieved by the said order, the assessee preferred

Commercial Tax Officer Vs. C.P.D. Computer Peripheral Devices Private ...

Court : Chennai

Subject : Sales Tax

Acts : 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

Reported in : (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 … to Section 23 provided for constitution of the Tamil Nadu Taxation Special Tribunal and its functions and powers. Section 24 of the said Act provided among other things that the TNGST Act shall have effect as if, wherever

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 … view of the matter, we see no substance in submissions of the assessee, and accordingly, reject the same. 24. Accordingly, assessee's ground of appeal against levy of surcharge, on income tax computed under Section 113 is dismissed.

Commissioner of C. Ex. Vs. Saktigarh Textile Industries Pvt. Ltd.

Court : Kolkata

Subject : Excise

Acts : Limitation Act, 1963 - Sections 3, 4, 5, 24 and 29(2); ;Central Excise Act, 1944 - Sections 35G, 35G(1), 35G(3), 35H and 35(1); ;Finance Act, 1999 - Sections 35H; ;Foreign Exchange Regulation Act, 1973 - Section 54; ;Foreign Exchange Management Act, 1999 - Sections 35, 112, 128 and 130A; ;Income Tax Act - Sections 256 and 256(2); ;Customs Act, 1962 - Section 130(3); ;Wealth Tax Act, 1957 - Sections 35H and 27(2); ;Limitation Act, 1908 - Sections 3, 5 and 5(9); ;Representation of Peoples Act, 1951 - Sections 81, 82, 86 and 117; ;Uttar Pradesh Sales Tax Act, 1948 - Section 10; ;Arbitration Act, 1940; ;Arbitration and Conciliation Act, 1996 - Section 34; ;Andhra Pradesh (Telan-gana areas) Tenancy and Agricultural Lands Act, 1950; ;Code of Civil Procedure (CPC) - Section 151

Reported in : 2005(188)ELT8(Cal)

Section 35H of the Central Excise Act, 1944 and points out that this Section 35H was inserted by Finance Act, 1999 replacing the earlier provisions where the period of limitation was less than the period of limitation provided in … did not expressly or impliedly excluded the jurisdiction of the High Court in respect of Sections 4 to 24 of the Limitation Act. If it had a different intention, in that event, it would have provided such

Commissioner of Income-tax Vs. Smt. Premlata Jalani

Court : Rajasthan

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 143(1), 143(2), 154, 215, 234B, 234C and 234C(1); Direct Tax Laws (Amendment) Act

Reported in : (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 … under Sub-section (1) or Sub-section (1B) shall be deemed to be an order for the purposes of Sections 246 and 264.'28. This Explanation has also been omitted along with substitution of Sub-section (1) in Section 143 with

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 … to decide value of block of assets on which assessee would get depreciation. - INDIAN EVIDENCE ACT, 1872 Section 24: [V.S. Sirpurkar & Deepak Verma,JJ] Dying declaration - Multiple murders by accused - Dying declaration not implicating one

KSB Aktiengesellschaft and Another Vs. Anil Agarwal

Court : Mumbai

Subject : Land Acquisition

internationally well-known trade mark with a presence in India (KSB Aktiengesellschaft and Anr. v KSB Real Estate and Finance Private Limited; Notice of Motion No.4019 of 2007 in Suit No.2930 of 2007; decided on 11th February 2008). … the public into believing that the Defendant is in some way connected/ associated with the Plaintiffs." Trade Marks Act, 1999 Section 29 Entitlement to Relief Application is filed for reliefs in both infringement and passing off Plaintiffs restricts her … he was last represented in Court. The order sheets and roznamas of 24th July 2015 (S.J. Kathawalla, J.), 13th August 2015 (S.J. Kathawalla, J.) and

Test Claimants in the Franked Investment Income Group Litigation Vs. C ...

Court : UK Supreme Court

Subject : Land Acquisition

such cases: para 260. It was not open to the Revenue to rely on section 320 of the Finance Act 2004 ("Section 320 FA 2004") or section 107 of the Finance Act 2007 ("Section 107 FA 2007") to … amended, ACT was abolished for distributions made on or after 5 April 1999 and the DV provisions were repealed for dividend income received on or … from six to three years, in addition eliminated the special advantage for claims in mistake previously introduced by section 24(5) of the Finance Act 1989, delaying the commencement of the limitation period for such claims until the claimants

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, … In re (1999) 235 ITR 565 (AAR). He stated that the ruling, though not binding because of Section 245S, is at least persuasive in its effect and, therefore, could be relied upon.For the purpose of arriving at

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