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Mar 14 2000

Jyotsna Holdings (P) Ltd. Vs. Designated Authority Unde the Kar Vivad ...

Court : Delhi

Decided on : Mar-14-2000

Subject : Direct Taxation

Reported in : (2000)160CTR(Del)95

the certificate issued to a declarant, reliance is placed on the second proviso to s, 90(1) of the Finance Act. In nutshell the stand of the Revenue is that interest tinder section 220(2) forms part of tax arrear … Income Tax Act, 1961 (hereinafter referred to as 'the Act'), forms part of tax arrear,' as defined in section 87(m) of the Kar Vivad Samadhan Scheme (hereinafter referred to as 'KVSS'), and (ii) if its does, whether the

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Oct 25 2005

Ms. Mina Fusade, Legal Heir of the Late Prince Sayajirao Gaekwar Vs. M ...

Court : Mumbai

Decided on : Oct-25-2005

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 18(1); Finance Act, 1998 - Sections 87, 88, 90(1) and 95; Arbitration Act - Sections 17, 30 and 39(1); Limitation Act - Sections 5; Income Tax Act, 1961 - Sections 143(3) and 264; Constitution of India - Article 226; Code of Civil Procedure (CPC) , 1908 - Order 9, Rule 13

Reported in : (2005)107BOMLR1160; (2006)201CTR(Bom)207; [2006]285ITR229(Bom)

Commissioner of Income-tax, who is the designated authority under Section 87(b)(i) of the Finance (No. 2) Act, 1998 ('Finance Act' for short), vide order-cum-intimation dated 10th March, 1999 rejected the applications-cum-declarations made by the petitioner under KVS Scheme

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Dec 17 1999

Cil Securities Ltd., Hyd. Vs. Commissioner of Income Tax, A.P. and Ano ...

Court : Andhra Pradesh

Decided on : Dec-17-1999

Subject : Direct Taxation

Acts : Finance Act, 1998 - Sections 87, 88 and 89; Income-Tax Act, 1961 - Sections 143 and 245; Interest Act, 1978 - Sections 13

Reported in : 2000(4)ALD69; 2000(2)ALT541; (2000)161CTR(AP)44; [2000]242ITR472(AP)

the said appeals are currently pending.4. The petitioner filed a declaration on 29-12-1998 under Section 89 of the Finance Act to avail of KVS Scheme in respect of the interest tax determined for assessment years 1994-95 and 1995-96. … is lodged as there are no tax arrears remaining unpaid on the date of declaration as required under Section 87(m) of Finance (No.2) Act, 1998.3. The petitioner-Company is carrying on business of stock broking, merchant banking, registrars and

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Jan 13 2000

Charak Pharmaceuticals (i) Ltd Vs. Union of India and ors.

Court : Delhi

Decided on : Jan-13-2000

Subject : Excise

Acts : Constitution of India - Article 226; Finance Act, 1962 - Sections 86 to 98

Reported in : 2000IIAD(Delhi)363; 2000(52)DRJ544; 2000(67)ECC749

'tax arrear' within the meaning of Section 87(m)(ii) of the Finance (No. 2) Act, 1998 (for short `the Finance Act'). 7. The petitioner filed an appeal against the order, dated 17th September, 1998, which is stated to be … Constitution of India, the petitioner questions the legality and validity of : (i) a letter dated 9th March, 1999 issued by the Assistant Commissioner (T), Central Excise, Delhi - respondent No. 3 herein, returning the declaration dated

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Nov 07 2024

Commissioner of Customs versus M/S Canon India Pvt. Ltd.

Court : Supreme Court of India

Decided on : Nov-07-2024

Subject : Right to Information

Reported in : [2024]12S.C.R.202

in the case of Mangali Impex’s case expounds the correct interpretation of s.28(11) and whether s.97 of the Finance Act, 2022, which retrospectively validates the show cause notices with effect from 01.04.2023, is manifestly arbitrary and thus, violative … take into account the policy being followed by the Customs department since 1999 which provides for the exclusion of jurisdiction of all other proper officers … “Principal Commissioner of Customs or Commissioner of Customs”, the words and figure “under section 5” shall be inserted.” Section 87 - Substitution of new section for section 3 of the Act, 1962 “87. For section 3 of the

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Feb 22 2002

Mangilal S. JaIn Vs. Commissioner of Income-tax and anr.

Court : Karnataka

Decided on : Feb-22-2002

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 139(8), 140A, 140A(1), 158BFA, 215, 216, 217, 220(2), 234A, 234B and 234C; Finance (No. 2) Act, 1998 - Sections 87, 88 and 95

Reported in : ILR2003KAR2066; [2002]257ITR31(KAR); [2002]257ITR31(Karn)

find what is the 'disputed income'.'Disputed income' in relation to an assessment year, is defined in Clause(e) of Section 87 of the Finance Act as 'the whole or so much of the total income as is relatable to … into force on September 1, 1998, as per Chapter IV of the Finance (No. 2) Act, 1998 ('the Finance Act' for short). The appellant filed a declaration under the said scheme, under Section 89 of the said ActAct Form No. 1A. In the said declaration filed on January 27, 1999, he showed the computation of tax payable under the said scheme as

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Nov 14 2000

Omkar S. Kanwar Vs. Union of India

Court : Gujarat

Decided on : Nov-14-2000

Subject : Direct Taxation

Reported in : (2001)170CTR(Guj)354

dissented from Application: Not to current assessment year. Decision: In favour of revenue. Constitution of India Article 226 FINANCE ACT Kar Vivad Samadhan SchemeBENEFIT OF SCHEMEProceeding against co-noticee pending at appellate stage--Settlement of case under KVSS against main … revenue within a reasonable short period.7. A few relevant provisions of the KVS Scheme need to be noticed. Section 87(k) defines the words 'A person' which includes both an 'individual' and a ' company' apart from other natural

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Jan 13 2000

Charak Pharmaceuticals (i) Ltd. Vs. Union of India

Court : Delhi

Decided on : Jan-13-2000

Subject : Direct Taxation

Reported in : [2000]109TAXMAN290(Delhi)

within the meaning of section 87(m)(ii) of the Finance (No. 2) Act, 1998 (hereinafter referred to as 'the Finance Act').7. The petitioner filed an appeal against the order dated 17-9-1998, which is stated to be pending. However, in

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Sep 30 2009

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

Court : Karnataka

Decided on : Sep-30-2009

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 … provisions of Sub-section [1] of Section 115JA of the Act, this tax liability got itself converted to Rs. 87,44,357.45/- and this liability in terms of the provisions of Section 115JA of the Act is directly linked to

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Feb 22 2002

Mangilal S. JaIn Vs. Cit and anr.

Court : Karnataka

Decided on : Feb-22-2002

Subject : Direct Taxation

Reported in : (2002)175CTR(Kar)347

is the 'disputed income'.7.2. 'Disputed income' in relation to an assessment year, is defined in clause (e) of section 87 of Finance Act as 'whole or so much of the total income as is relatable to the disputed … force on 1-9-1998, as per Chapter IV of Finance (No. 2) Act, 1998 (hereinafter referred to as 'The Finance Act' ). The appellant filed a declaration under the said scheme, under section 89 of the said Act in … 28-6-1999, passed by the learned Single Judge in W.P. No. 19182 of 1999.(ii) We allow W.P. No. 19182/1999 and quash the certificate of intimation in

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