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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 … of Hon'ble Gujarat High Court reported as CIT v. S.G. Pgnatale [1980] 124 ITR 391 : 4 Taxman 79 to illustrate the meaning of the words ' earned in India used in Section 9(1)(ii). He also relied

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 … High Court in Premier Automobiles Ltd. v. CIT (supra) with particular attention to pages 60, 71, 78 and 79 of the said decision. He further explained that this principle is now recognized in Explanation (2) to Section

Rajeev Kumar Jauhari Son of Surendra Kumar Jauhari, Vs. State of U.P. ...

Court : Allahabad

Subject : ServiceConstitution

Reported in : 2007(1)ARBLR544(All); 2007(2)AWC1726

of 1366 posts of Executives and 2345 posts of Supervisors in engineering, finance and accounts, Only 375 Executives and 730 Supervisors in engineering, finance and … the Reforms Act regarding terms and conditions of services of its employees has been made in the Reforms Act, 1999. Section 23(7) empowers the State Government to provide for transfer of personnel to corporation or company and specifically says … altered by the Regulations framed by the Transferee. It is thus permissible only in exercise of power under Section 79(c) of the 1948 Act. However since Regulations, 2006 have not been framed in accordance with procedure prescribed under

Commissioner of Income-tax Vs. Gujarat State Fertilizers Co. Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32A, 43(1), 43A and 43A(1)

Reported in : (2003)179CTR(Guj)266; [2003]259ITR526(Guj)

(No. 2) Act of 1967, with effect from April 1, 1967, whereas Section 32A was inserted by the Finance Act, 1976, with effect from April 1, 1976. Hence, the non obstante clause in Section 43A could not have

Commissioner of Central Excise Vs. Pandian Hotels Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Subject : Service Tax

Reported in : (2005)(180)ELT458Tri(Chennai)

For the delay of payments, the original authority imposed penalties on the assessee under Section 76 of the Finance Act, 1994, which were quantitatively equal to the respective amounts of tax. Against these penalties, the assessee preferred appeals … respondents, the respondents defaulted payment of service tax during the period November, 1999 to April, 2001. The payments were made belatedly. For the delay of … in certain cases. - Notwithstanding anything contained in the provisions of Section 76, Section 77, Section 78 or Section 79, no penalty shall be imposable on the assessee for any failure referred to in the said provisions if

Arjan Singh and Others Vs. State of Punjab and Others

Court : Punjab and Haryana

Subject : Land Acquisition

to the following effect:- "We may also notice Sub-section (2A) of Section 254, which was inserted by the Finance Act, 1999. The same reads as under: "(2A) In every appeal, the Appellate Tribunal, where it is possible, may hear … is whether the non-receipt of notice by some of the land owners vitiated the acquisition proceedings, it is Section 79 of the Act which deals with the serving of the notice including notice under Section 36 of the

Panther Detective Services Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Service Tax

Reported in : (2007)8STT215

the penalty amounts, the contention of the learned Counsel is that in terms of Section 80 of the Finance Act, 1994, no penalty is warranted on the appellants. The contention is that the appellant had been making payment … first return was filed by appellant M/s. Panther Security Service in April, 1999. On 11-8-99, revenue issued show cause notice alleging that the service tax … We may read that Section: Notwithstanding anything contained the provision of Sections 76 and 77, Section 78 and Section 79, no penalty shall be imposable on the assessee for any failure referred to in the said provision if

Parkash Agro Industries Vs. Dy. Cit

Court : Punjab and Haryana

Subject : Direct Taxation

Reported in : [2009]316ITR149(P& H)

per cent' shall be substituted with effect from the1-6-2001 (This Clause (b) is not part of Explanation but Section 79 of the Finance Act, 2001-Ed.)The said Explanation was subject-matter of challenge before this Court in Raj Kumar Singal's … the learned Counsel, the aforesaid Explanation 1 to Section 234B of the Act has been amended by the Finance Act, 2001 with retrospective effect from 1-4-1989 and the vires of the same stands upheld by this Court in

Garrick D'Silva Vs. Joint Commissioner Of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2006)105TTJ(Delhi)445

more specific provision i.e. sub-Clause (iii)(a) of Clause 2 of Section 17 was introduced de novo by the Finance Act, 1999 w.e.f. 1st April, 2000 whereby the income represented by arising an exercise of stock option was exigible to … the perquisite value of residential accommodation at Rs. 15,53,803 as under:Salary for the purpose of Rule 3 Rs. 79,98,038.1Salary as per Appendix I Rs. 79,98,038.1Acid : Housing contribution Rs. 10,02,083.6 Auto norm Rs. 1,10,505.0in the assessment order)

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 … very capital assets being not available. The computation section fails, resulting in failure of the charging section also. 79. In this background, when we examine the authorities relied upon by the learned Counsel for the revenue as