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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 … with the Tribunal on 13.12.2001, challenging the levy of surcharge of Rs. 3,65,680 on the tax of Rs. 86,56,800 levied at the special rate of 60%.2. At the outset, it would be appropriate to refer to the

Mr. Raya R. Govindarajan, Prop. Vs. the Asst. Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Chennai

Subject : Direct Taxation

Reported in : (2007)288ITR150(Chennai)

similar view.5. On the contrary, Shri K. Anangapal, the learned Departmental Representative (D.R.) submitted that the Parliament by Finance Act, 1999 provided for levy of surcharge over end above the rate of income tax prescribed under Sections 112 and … is whether there can be a levy of surcharge over and above the rate of tax prescribed under Section 113 of the Income Tax Act, 1961.2. Shri Sridhar, the learned counsel for the assessee submitted that there … assessee submitted that there was a search in the assessee's premises on 8.2.2001. The assessment proceeding was completed for the block assessment year 1991-92 to

Mohammed Kunju K.M. Vs. Asstt. Commissioner of Comml. Taxes

Court : Kerala

Subject : Sales Tax/VAT

Acts : Kerala General Sales Tax Act, 1963 - Sections 17, 17(6) to 17(9), 17A, 17A(8), 18 and 34(1); Revenue Recovery Act; Kerala General Sales Tax (Amendment) Act, 1993; Kerala Finance Act, 1993; Kerala General Sales Tax (Amendment) Act, 2005

Reported in : 2008(3)KLJ369; 2008(4)KLT157

proceedings and conclusion of the same should be within a reasonable time. It was in that background, the Finance Act, 1993 introduced amendments to Section 17 providing that the assessments should be completed within a period of 4 … Jagan, JJ] Post of Pharmacist in Homeopathy Subordinate Service - Special Rules for Kerala Homeopathy Subordinate Service Rules, 1999 introducing new qualifications Vacancy arising subsequent to coming into force of the said special rules Held, Vacancies have … court in Geo Sea Foods v. The Additional Sales Tax Officer (2000) 8 KTR 21 (Ker) has inter alia held as follows:The time limit of

Commissioner of Income Tax Vs. Vikshra Trading and Investments Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Finance Act, 1999; Industries Development and Regulation Act, 1951 - Sections 11B, 80(I), 80(8), 234B and 234C

Reported in : (2009)226CTR(Guj)652

the owner of such machinery or plant 10. Subsequently, the Explanation underwent change by virtue of substitution by Finance Act, 1999 and the substituted Explanation (b) was made applicable with retrospective effect from 01.04.1978. The substituted Explanation (b) reads … Mehta, J.1. The following two questions have been referred by Income Tax Appellate Tribunal, Ahmedabad Bench 'A' under Section 256(1) of the Income Tax Act, 1961 (the Act) at the instance of the Revenue:1. Whether, the Appellate … facts in allowing the claim of the assessee for deduction under Section 80I of the Act ? xxx xxx xxx xxx2. Whether, the Appellate Tribunal

Smt.B.Jayalakshmi vs the Deputy Commissioner of

Court : Chennai

stood during the period of dispute Section 10(33) as amended by the Section 115(o) as amended by the Finance Act, 1999 w.e.f. Finance Act, 1997 w.e.f. 01.04.2000 01.06.1997(33) any income by way of - (1) Notwithstanding anything contained in … is also untenable.4. As regards year of taxability of interim dividend is concerned,relevant provision as contained in the Section 8(b) reads as under: [(b) any interim dividend shall be deemed to be the income of the previous year

Union of India (Uoi) and ors. Vs. Warren Tea Ltd. and ors.

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(1A), 2(45), 10(1), 80A, 80A(2), 80AB, 80HHC and 80HHC(4B), ;Income Tax Rules, 1962 - Rule 8; ;Constitution of India - Articles 246, 254 and 366; ;Finance Act, 1999

Reported in : (2004)187CTR(Cal)113

against the said judgment. During the pendency of these appeals, Sub-section (4B) was inserted in Section 80HHC through Finance Act, 1999, w.e.f. 1st of April, 1992. Mr. P.K. Mullick, learned senior counsel, appearing on behalf of the Department-appellant in … the Central Board of Direct Taxes (CBDT) so far as it was inconsistent with and repugnant to Rule 8 of the IT Rules, 1962 (Rules) r/w Section 2(1A) of the IT Act, 1961 (Act) in relation to

Pan Asia Advisors International Corporate Finance Minster House and An ...

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Subject : MRTP

Bonds and Ordinary Shares (through Depository Receipts Mechanism) Scheme, 1993 (“the GDR Scheme”) issued by the Ministry of Finance, Government of India and the Master Circular on Foreign Investment issued by the RBI periodically. On the contrary, … Exchange Management Bill was introduced in the Parliament, which ultimately took the shape of the Foreign Exchange Management Act, 1999. Simultaneously, a detailed scheme for the issuance of GDRs as well as FCCBs i.e Foreign Currency Convertible Bonds … case of Carona Ltd. vs. Parvathy Swaminathan and Sons reported in (2007) 8 SCC 559 that the fact(s) upon which the jurisdiction of a court, … trade practice in securities ….” 17. I note that the provisions of section 12A(a)-(c) of the SEBI Act read with regulations 3(c)-(d) of the PFUTP

Mr. Balmukund Acharya, Proprietor of Laxmi General Supply Company Vs. ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 45, 139, 142(1), 143, 143(1), 143(1B), 143(2), 143(3), 144, 156, 234, 246, 246(1), 246(2), 260A and 264; Direct Tax Laws (Amendment) Act, 1987; Finance Act, 1999; Constitution of India - Article 265

Reported in : 2009(111)BomLR462; (2009)221CTR(Bom)440; [2009]310ITR310(Bom); [2009]176TAXMAN316(Bom)

in question is 1995-96. The explanation, which was on the statute upto 1.6.1999 till its omission by the Finance Act, 1999 if read in the light of Clause 37 and the memo explaining the provision in Finance Bill 1994 … Court Fees Act can be said to include reference to the 1996 Act. Perusal of the provisions of Section 8 of General Clauses Act shows that where by a Central enactment any provision of a former enactment is

Commissioner of Income Tax, Mumbai Vs. Anjum M.H. Ghaswala and ors.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 2(43), 116, 119, 119(2), 139(1), 139(4), 139(8), 142(1), 154, 155, 156, 158BF, 215(4), 216, 220(2A), 234A, 234B, 234C, 245A, 245B, 245BA, 245C, 245C(1), 245D, 245(1), 245(2), 245D(3), 245D(4), 245D(6), 245F, 245H, 245L, 245-I, 250, 254, 260, 262, 263 and 264; Finance Act, 1999; Indian Penal Code (IPC), 1860; Finance Act, 1987

Reported in : 2001VIIIAD(SC)627; AIR2001SC3868; (2001)171CTR(SC)1; [2001]252ITR1(SC); JT2001(9)SC61; 2001(7)SCALE333; (2002)1SCC633; [2001]119TAXMAN352(SC); 2001(8)Supreme145; (2001) 4 SCC9

be liable to pay simple interest at the rate of [one and one-half] {Substituted for 'two' by the Finance Act, 1999 w.e.f. 1.6.1999} per cent for every month or part of a month comprised in the period commencing on … under sub-clauses (a) to (g) but does not define the expression 'settlement'. 8. Section 245-C provides for filing of an application by an assessee at … the question that arises for our consideration is: whether the Settlement Commissioner (for short the Commission) constituted under Section 245B of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') has the jurisdiction to reduce or

M/s. D.P. Jain and Company Infrastructure Pvt. Ltd. Vs. Union of India ...

Court : Mumbai

Subject : Service Tax

tax amounting to Rs.10,25,72,125/- should not be demanded from it under the provisions of section 73(1) of the Finance Act, 1994. Interest under section 75 was proposed to be recovered and penalties under sections 76, 77 and 78 … 50. Mr. Jetly has relied upon the following judgments. (i) M. C. Mehta vs. Union of India, AIR 1999 SC 2367 (ii) Roshan Lal and Ors. vs. International Airport Authority of India and Ors., AIR 1981 SC … alleged non-payment of service tax on the services rendered by the petitioners. 8. Following correspondences were exchanged between the department and the petitioners:- (i) The