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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 … satisfaction, in such form and in such manner as may be prescribed;(10) Section 39 had been omitted;(11) in Section 52, for the words 'High Court' the words 'Special Tribunal' had been substituted.16. From the above, it is amply

The Commissioner of Income Tax and Vs. Brindavan Beverages Ltd.

Court : Karnataka

Subject : Direct Taxation

Acts : 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

Reported in : (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 … light of ourjustified in law in holding that answers to questions inthere are no mistake apparent ITA No 520 of 2004,from the face of records on the filed by the revenue,facts and circumstance of the and ITA

Binani Industries Limited Vs. Assistant Commissioner of Commercial Tax ...

Court : Karnataka

Subject : Sales Tax

Acts : Constitution of India - Articles 142 and 304; Karnataka Sales Tax Act, 1957 - Sections 3, 3(1), 3(2) 3A, 5(1), 5(3), 5(5), 5(6), 5C, 6, 6(2), 12A, 21 and 22A; Karnataka Sales Tax (Amendment) Act, 1985 - Sections 5C; Karnataka Sales Tax (Amendment) Act, 1992 - Sections 5C ;Karnataka Taxation Laws (Amendment) Act, 1996 - Sections 6(2); Karnataka Sales Tax Rules - Rule 6(4); Income Tax Act, 1961 - Sections 52(2) and 119; ;Customs Act, 1962; Central Excise Act, 1944 - Sections 37B; ;Finance Act, 1964; Karnataka Taxation Laws (Second Amendment) Act - Sections 6(2); Customs Act, 1985 - Sections 151A

Reported in : [2006]145STC24(Kar)

:The understanding of the law at the earliest point of time of its enactment cannot be ignored. The Finance Act, 1964, amended Section 52(2) of the Income-tax Act, 1961 : this was understood in a particular manner by … of Commercial Taxes No. 5 of 1996-1997 dated April 12, 1996 and the subsequent circular No. 31 of 1999-2000, dated October 23, 1999, clarifying the effect of Section 5-C of the Act and the consequential orders of

Vinod Khatri Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2004)82TTJ(Delhi)911

to be taken out separately and independently for the assessment order.29. It may be pointed out that by Finance Act, 1999 Section 253(6) was amended by adding Clause (d). The Board vide Circular No. 779 dt. 14th Sept., 1999 reported … dt. 31st Aug., 1992 [(1992) 198 ITR 1 (St)] issued by the CBDT explaining the amended provisions observed: 52. "Filing fee for appeals before Tribunal--The Finance Act has amended Section 253 enhancing the fee to be paid

Sanjay Chawla Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2004)89ITD586(Delhi)

establish by adducing evidence that the sales consideration has been understated. This section has been omitted by the Finance Act, 1987 w.e.f. 1st April, 1988 not because the social evil of understatement of sales consideration of properties for … are directed against separate orders of the learned CIT(A), dt. 27th Jan., 1999 and dt. 18th March, 2002, for asst. yr. 1995-96. Vide the first … the valuation made by the valuation officer was more than 15 per cent, the question of applicability of Section 52(2) would arise. But there was no material which would indicate any receipt over and above the consideration indicated

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 … object unless crucial omission or clear direction makes that end unattainable. See Whitney v. IRC, AC at P. 52 referred to in CIT v. S. Teja singh and Gursahai Saigal v. CIT. 16. The courts will have

Estate Officer and Manager (Recoveries), A.P. Industrial Infrastructur ...

Court : Andhra Pradesh

Subject : Banking

Acts : Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 25; Constitution of India - Article 226; Transfer of Property Act - Sections 52

Reported in : AIR2004AP198; 2003(5)ALD599; 2003(5)ALT216; III(2004)BC290

Corporation Limited (APIIC) whereas W.P. Nos. 24060 of 1998 and 17443 of 1999 are filed by the Syndicate Bank.3. For the sake of convenience, we … that the said Indu Kakkar has no locus standi as the sale in her favour was hit by Section 52 of the Transfer of Property Act. The High Court held that on resumption of the plot it became … 8, the Government agreed to the company raising money on the properly agreed to be sold provided the financing agency agrees to pay the Government on behalf of the Company so much of the amount advanced as

Arjun Malhotra vs.commissioner of Income Tax

Court : Delhi

Subject : Direct Taxation

(1) with insertion of sub-section (2) with effect from 1st April, 1964. However, Section 52 was deleted/omitted by Finance Act, 1987 with effect from 1st April, 1988 in view of the judgment of the Supreme Court explaining both … to ITA Nos. 405/2005, 406/2005 & 389/2007 Page 1 of 26 Assessment Years (AY, for short) 1998-99 and 1999-2000, respectively. The afore-stated appeals were admitted for hearing vide order dated 15th July, 2005 on the following substantial

In Re: Dhv Consultants Bv

Court : Authority for Advance Rulings

Subject : Direct Taxation

Reported in : (2005)197CTRAAR105

Sections 2(24), 4, 10(6), 28 to 44C, 44D, 52(1), 52(2), 57, 90, 115A, 115A(1), 115A(3), 206C and 245Q(1); Finance Act, 1975; Income Tax Act, 1922 In Re: Stanley Keith Kinnett, (1999) 238 ITR 155 (AAR); Karamat Khan v.CIT, … Court in the case of K.P. Varghese v. ITO and Anr. wherein, while interpreting the provisions contained under Section 52(1) and Section 52(2) of the Act, it was held as under : "We must not adopt a strictly

Coromandel Fertilisers Limited Vs. Dy. Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (2004)90ITD344(Hyd.)

has brought in the necessary amendment under Section 43(6) (c) (i) (C) with effect from 1.4.2000 by the Finance Act, 1999. Section 43(6) (c) (i) (C) provides for the decrease, in a slump sale, of the w.d.v. of the assets … was not determinable, was argued. It is also mentioned that some of these decisions considered Section 50 and Section 52 as they stood during the relevant period, and hence they cannot be pressed into service for the assessment