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Commissioner of Wealth Tax Vs. Shanti Parshad JaIn and ors.

Court : Punjab and Haryana

Subject : Direct Taxation

Reported in : (2009)222CTR(P& H)246

Revenue to challenge its correctness in the case of other assessees, without just cause. No doubt, by the Finance Act, 2008, Section 268A has been inserted with retrospective effect from 1st April, 1999 as under:268A. Filing of appeal … do so would entail pick and choose leading to an arbitrary exercise of power. Wealth Tax Act, 1957 Section 27 Statute - Judicial precedent Revenue cannot accept judgment of High Court in one case and challenge the same

Additional Commissioner of Vs. Hughes Services (Far East) (P.)

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2003)87ITD137(Delhi)

contending that off-period salary is taxable in view of the provisions of Explanationto Section 9(1)(ii) as substituted by Finance Act, 1999 which, according to him, is retrospective in operation, being clarificatory/declaratory in nature. It was emphasized by him that … learned DR does not help the revenue. In that case the Apex Court ruled that the amendment of Section 27 by insertion of Clause (iii) simply declared the meaning of the word "owner" which was always there even

Add. Commissioner of Income Tax Vs. Bharat v. Patel

Court : Supreme Court of India

Subject : Direct Taxation

17 of the IT Act by inserting Clause (iiia) in Section 17(2) of the IT Act through the Finance Act, 1999 (27 of 1999) with effect from 01.04.2000, which was later on omitted by the Finance Act, 2000. The

Karnataka Power Transmission Corporation Limited Vs. Jsw Energy Limite ...

Court : Supreme Court of India

Subject : Land Acquisition

be two 71 Members, who have qualification in the field of law, finance, economics, commerce or administration, with at least 25 years of working experience. … the first respondent). The appeal was filed by first respondent under Section 41 of the Karnataka Electricity Reforms Act, 1999 (hereinafter referred to as the ‘Act’ for brevity).4. By the impugned order, the High Court has set aside … to KEB.20. The Act came into force with effect from 01.06.1999. The significance of this is that under Section 27 of the Act, unless there was a ‘concluded contract’ as on 01.06.1999, the Commission was to regulate the

Hassan Thermal Power Pvt. Ltd., Vs. State of Karnataka

Court : Karnataka

Subject : Arbitration

by the Commission involves a very highly technical requiring working knowledge of finance, commerce, economics and management. It would be more appropriate and effective if … or taken under the corresponding provisions of this Act. the to refer the matter 64 Karnataka Electricity Reform Act, 1999 Section 2 relates to Definitions Sub-section (e) deals with Licence as under:-"(e) Licence means a license granted under Section … in this background it is necessary to set aside the order passed in favour of the respondent under Section 27(4) of the Act before the suit can be decreed or whether the plaintiff can get a decree ignoring

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 … to 18.11.1999, dated Nil, stated in the brief facts of the case by the assessee as completed on 27.4.2001, filed with the Tribunal on 13.12.2001, challenging the levy of surcharge of Rs. 3,65,680 on the tax of

Court : Mumbai

Subject : Service Tax

referred to. This Appeal under Section 35G of the Central Excise Act, 1944 r/w Section 83 of the Finance Act, 1994 challenges the order passed by the Customs, Excise and Service Tax Appellate Tribunal (for short “CESTAT”) dated … Appellate Tribunal (for short “CESTAT”) dated 07.03.2013 in which it has been held that for the period upto 27.02.2010 the Appellants before us are not eligible for refund. 3. The Appeal is ADMITTED on the following substantial

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, … ongoing manner. In the case of E.D. Sasoon & Co. Ltd. and Ors. v. CIT (1954) 26 ITR 27 (SC), the Hon'ble Supreme Court held that unless and until the assessee acquires a right to receive the

V. Shanmughavel and anr. Vs. Commissioner of Central Excise and ors.

Court : Chennai

Subject : Service Tax

Acts : Finance Act, 1994 - Sections 65(13), 65(48), 66(3) and 67; Finance Act, 1997 - Sections 88; Wealth-tax Act, 1957 - Sections 34AA and 34AB; Wealth-tax Rules, 1957 - Rule 8A(2) and 8A(8)

Reported in : 2001(131)ELT14(Mad); [2002]254ITR717(Mad); (2001)2MLJ581; 2006[2]STR466; [2007]6STT183

or any other writ, prohibiting the respondent from invoking the provisions of Section 88, Chapter VI of the Finance Act, 1997, for the purpose of levy and collection of service tax from the members of the petitioner institute … dismiss the same. No costs. Connected W.M.P. No. 11114 of 1998 is closed.20. W. P. No. 3581 of 1999 :21. In this petition, which is filed by the Licensed Engineers and Surveyors' Association, Kovilpatti, no arguments were … that the Directorate of Service Tax, Mumbai, in their letter dated March 27, 1998, had clarified that the services rendered as 'valuers' of immovable property

Mahyco Monsanto Biotech (India) Pvt. Ltd. and Others Vs. THE UNION OF ...

Court : Mumbai

Subject : Service Tax

impregnated seed is a service, and this is liable to be taxed under the relevant provisions of the Finance Act as amended, read with the Rules that pertain to service tax. This is a central levy. The transaction … Schedule C to the Maharashtra Value Added Tax Act, 2002 ( the MVAT Act ); the definitions under Sections 65(105)(zzr), 65(55a) and 65(55b) of the Finance Act, 1994; and sub-clause (c) of Section 66E of the Finance … use goods and a mere permissive use of goods. Paragraphs 26 and 27 of the judgment read: 26. Next question that arises for consideration is,