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Commissioner of Income-tax, New Delhi Vs. Eli Lilly and Company (India ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 4, 4(1), 4(2), 5, 5(2), 9, 9(1), 14, 15, 30 to 38, 40, 90, 90A, 115A, 115B, 115BB, 115BBB, 115E, 132(5), 133A, 159A, 160, 160(1), 161, 162, 163, 164, 164A, 167B, 172(4), 174(2), 175, 176(2), 190, 191, 192, 192(1), 192(1A), 192(2), 193, 194, 194A, 194B, 194BB, 194D, 200, 200(1), 200(3), 201, 201(1), 201(1A), 203, 203A, 204, 206, 221, 271(1), 271A, 271AA, 271B, 271BA, 271BB, 271C, 271C, 271CA, 271E, 271F, 271FA, 271FB, 271G, 272A, 272AA(1), 272BB(1), 272BB(1A), 272BBB(1), 273(2), 273B and 276B; Companies Act, 1956; Finance Act, 1983; Finance Act, 1999; Income Tax Act, 1922 - Sections 4 and 42(1); Income Tax Rules, 1962 - Rules 36A, 37 and 114A; Constitution of India - Article 245

Reported in : 2009BusLR418(SC); (2009)223CTR(SC)20; [2009]312ITR225(SC); JT2009(5)SC78; 2009(4)SCALE384; [2009]178TAXMAN505(SC); 2009(4)LC1742(SC); 2009AIRSCW3104

clause payable for service rendered in India shall be regarded as income earned in India.Explanation.- .-(Substituted by the Finance Act, 1999, w.e.f. 1.4.2000)- For the removal of doubts, it is hereby declared that the income of the nature referred … manufacturing and selling pharmaceutical products during the financial years 1992-93 to 1999-00. In the course of survey under Section 133A of the Income-tax Act, 1961 ('1961 Act' for short), the AO noticed that the foreign company had … appearing on behalf of M/s Ericsson Communications Pvt. Ltd. (Civil Appeal No. 4082/07), submitted that the TDS provisions have no extra-territorial operation. In this connection,

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 … Theatres and Industrial Concerns P. Ltd. 272 ITR 177-Mad. examining the retrospective or otherwise nature of Amendment of Section 40 of Finance Act, 1983 by Finance Act, 1988, for purposes of Wealth Tax Act, the Hon'ble Madras High

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

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 … in the circumstances of the case, the learned CIT(A) erred in confirming the disallowance of Rs. 61,90,206 under Section 40(a)(i) of the IT Act, 1961 (the Act), representing offshore remuneration paid by the head office to the expatriate

Reliance Industrial Infrastructure Ltd. Vs. Jt. Cit

Court : Mumbai

Subject : Direct Taxation

Reported in : (2002)75TTJ(Mumbai)606

is only with effect from assessment year 1997-98 that the new provisions of section 145(2) substituted by the Finance Act, 1995, have come into operation which alone have empowered the Central Government to notify Accounting Standards to be … : Asst. yr. Lease rent 1995-96 Rs. 8,335 1996-97 Rs. 8,335 1997-98 Rs. 8,335 1998-99 Rs. 10 Lakhs 1999-2000 Rs. 3 Lakhs 2000-2001 Rs. 17,500 per annum And thereafter till end of the contract. In the above

Commissioner of Wealth Tax vs.atma Ram Properties (P) Ltd.

Court : Delhi

Subject : Direct Taxation

their assets. However, the Finance Act 1983 (FA1983 revived wealth tax in respect of the assets of companies. Section 40 (1) of the FA1983stated that notwithstanding anything contained in Section 13 of the FA, 1960, wealth tax was … it is first necessary to understand the background in which the questions that have been framed arose. The Finance Act, 1960 (FA1960 exempted WTA No.16/2005 & connected matters Page 11 of 38 companies from the levy of wealth … that the rental income was 'business income'.9. From AY199293 onwards up to 1999-2000 the ITAT consistently held WTA No.16/2005 & connected matters Page 7 of

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 … packets of seeds sold by the sub-licensees. These sub-licensing agreements, with almost 40 seed companies, are the transactions in question. Respondent Nos.1 and 2 in

The Commissioner of Wealth-tax Vs. Fagun Co. P. Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Wealth-tax Act, 1957 - Sections 7(2), 7(3), 27(3) and 45; Finance Act, 1983 - Sections 3, 40 and 40(3); Income Tax Act - Sections 2, 32A and 32A(2; Finance Act, 1960 - Sections 13; Finance Act, 1992

Reported in : 2007(1)CTC13; (2006)205CTR(Mad)225; [2006]286ITR297(Mad); (2006)4MLJ836

was also used in the assessee's business and therefore excluded from the operation of Section 40 of the Finance Act, 1983. The Tribunal also confirmed the order of the C.I.T.(A) on the reliefs granted by the C.I.T.(A), from … Justice P.D. Dinakaran and Justice K. Raviraja Pandian dated 22.09.2004 in Tax Case No. 207 and 208 of 1999, now reported in : [2005]272ITR472(Mad) , in the assessee's own case, for the earlier assessment years. However, when

George Williamson (Assam) Ltd. and anr. Vs. Union of India (Uoi) and o ...

Court : Guwahati

Subject : Direct Taxation

pleadings of the petitioner-company are that Parliament having amended the provisions of the Income Tax Act by the Finance Act, 1997, inserted Chapter XII-D consisting of Section 115-C with effect from June 1, 1997, providing for payment of … the petitioner for the assessment year, 1997-98 at Rs. 14,91,96,025 and took 40 per cent, thereof as per rule 8 of the Income-tax Rules as … of mandamus to cancel/withdraw the levy of additional income-tax assessed upon the petitioners for the periods 1996-97 to 1999-2000, the present writ petition has been filed.2. We have heard Dr. D. Pal, learned senior counsel along with

The Commissioner of Income Tax Vs. Tirupur Sri Meenakshi Sundareswarar ...

Court : Chennai

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957; Finance Act, 1983 - Sections 40(3); Income Tax Act

Reported in : (2003)180CTR(Mad)174; [2003]262ITR129(Mad)

by the assessee was not an asset exigible to wealth tax within the meaning of section 40(3)(vi) of Finance Act, 1983?2.The short facts are that the assessee is a closely held company in which the public are not