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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 … the rate or rates of income- tax specified in an agreement entered into by the Central Government under Section 90, or an agreement notified by the Central Government under Section 90A, whichever is applicable by virtue of the

Commissioner of Income Tax Vs. Concord Pharmaceuticals

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 3, 4, 37(4), 90, 90(2), 119, 253(2), 260A, 263, 268A, 268A(1), 268A(4), 268A(5) and 275(1); Finance Act, 2008; Kerala General Sales Tax Act, 1963 - Sections 3(1A) and 60; Income Tax Rules - Rule 47; Income Tax Appellate Tribunal Rules, 1963 - Rules 6 to 15

Reported in : (2008)220CTR(Guj)117; [2009]317ITR395(Guj)

The Court's attention is invited to the provisions contained in Section 268A of the Act inserted by the Finance Act, 2008, with retrospective effect from 1st April, 1999. Sub-section (4) of Section 268A clearly states that the Tribunal … the status of residence as well as beneficial ownership of shares, is a circular within the meaning of Section 90, and, therefore, it must have the legal consequences contemplated by Section 90(2). In other words, the circular will

Vardhaman Chemicals, Near Sharda Ispat, Kamptee Road, Nagpur, a Partne ...

Court : Mumbai

Subject : Excise

Acts : Central Excise, 1944 - Sections 35B; ;Finance (2) Act, 1998 - Sections 88, 90 and 90(1); Finance Act, 1997 - Sections 67, 67(1) and 68(2)

Reported in : 2002(4)BomCR537; (2002)2BOMLR826; (2003)185CTR(Bom)163; 2003(160)ELT132(Bom); [2003]263ITR460(Bom); 2002(2)MhLj187

the respondent no.1, inexercise of its powers conferred by Subsection 1 ofSection 90 of the Finance (2) Act, 1998, determined anamount of Rs. 2,11,021/- as … scheme known as Voluntary Disclosure of IncomeScheme 1997 (VDIS) and as per the provisions of Section67 of the Finance Act, 1997, the Assessee had to makepayment of tax payable on the amount of income disclosedwithin a period of … referenceto the order-in-original No. 46/1995 dated 20/12/1995.Therefore, the respondents communicated to the Assessee,by its letter dated 7th/8th January, 1999, in Form 2B ofthe 'Kar Vivad Samadhan Scheme 1998' and the Assesseewho was the declarant seeking benefit under … credit. The said orderwas challenged before the CEGAT by filing an appealunder Section 35-B of the Central Excise & Salt Act,1944, which came to be

Y. Venugopala Reddy Vs. Commissioner of Income Tax and anr.

Court : Karnataka

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1998 - Sections 88 and 140A

Reported in : (2003)183CTR(Kar)260

is pending. 4. When the matter stood thus, the Finance (No. 2) Act, 1998 (hereinafter referred to as 'Finance Act'), introduced the scheme called Kar Vivad Samadhan Scheme (for short 'the scheme'). The same scheme is contained in … and even intended prosecutions would be dropped. This scheme was effective from 1st Sept., 1998, till 31st Jan., 1999. The appellant in order to evaluate the benefits of the scheme filed a declaration under Section 88 of … Act (for short 'the Act') plus the income from business at Rs. 90,000 and filed a return of income declaring a total income of Rs.

Y. Venugopala Reddy Vs. Cit

Court : Karnataka

Subject : Direct Taxation

Reported in : [2003]130TAXMAN224(Kar)

appeal is pending.4. When the matter stood thus, the Finance (No. 2) Act, 1998 (hereinafter referred to as 'Finance Act') introduced the Scheme called Kar Vivad Samadhan Scheme (hereinafter referred to as 'the Scheme'). The same scheme is … tax against the interest (sic). The first respondent by his communication No. KVSS/47/98-99 CIT-II dated 10- 1 - 1999 rejected the claim of the appellant. The appellant therefore, being aggrieved by the orders of the first respondent … Rs. 10,25,000, he made voluntary disclosure of income at Rs. 19,57,000 under section 69B of the Income Tax Act (hereinafter referred to as 'the Act') … referred to as 'the Act') plus the income from business at Rs. 90,000 and filed a return of income declaring a total income of Rs.

Engineering Analysis Centre Of Excellence Private Limited Vs. The Comm ...

Court : Supreme Court of India

Subject : Direct Taxation

he submitted that the retrospective amendment to section 9(1)(vi) of the Income Tax Act brought in by the Finance Act 2012, which added explanation 4 to the provision and expanded its ambit with effect from 01.06.1976, could also … the Copyright Act post the amendment brought in vide Act 49 of 1999, with effect from 15.01.2000 [“1999 Amendment”]., thereby making it clear that the … 15 of India v. Azadi Bachao Andolan, (2004) 10 SCC1[“Azadi Bachao Andolan”]. to argue that by virtue of section 90(2) of the Income Tax Act, the DTAA would prevail over domestic law to the extent it is more

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

Court : Supreme Court of India

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 … in Mangali Impex’s case failed to 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 once a show cause notice by … Such entrustment could be either conditional or unconditional - Object of this Section is to confer powers of search, seizure, arrest and recording of statements, … opposed to the amended s.17 which ought to have been applied. [Paras 90-94] Customs Act, 1962 - ss.17 and 28 - Assessment of duty -

K. Venkata Reddy Vs. Commissioner of Income Tax, A.P.ii, Hyd. and Anot ...

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Finance Act, 1997 - Sections 33(1), 68(2), 88, 90 and 90(1); Central Treasury Rules - Rules 79, 80 and 81; Voluntary Disclosure of Income Scheme, 1997; Kar Vivad Samadhan Scheme, 1998; Indian Income Tax Act, 1922 - Sections 4(1); Limitation Act, 1908 - Sections 20; Finance Act, 1977 - Sections 67 and 67(1); Income Tax Act, 1961 - Sections 119(2); Finance (Amendment) Act, 1998 - Sections 90(2)

Reported in : 2001(4)ALD51; 2001(4)ALT160

the case of Kangold (India) Ltd., (supra) with referenceto the Voluntary Disclosure of Income Scheme, 1997 under the Finance Act, 1997. In that case the petitioner made a declaration on December 30, 1997 under the scheme. As per … 1994-95, showing the tax arrears at Rs.74,390/- and Rs.1,14,598/- respectively, A certificate of Intimation in Form 2-A under Section 90(1) of the Finance (No.2) Act, 1998 was issued to the petitioner. In terms of the Intimation, the Petitioner

Hira Lal Hari Lal Bhagwati Vs. C.B.i., New Delhi

Court : Supreme Court of India

Subject : CustomsCriminal

Acts : Code of Criminal Procedure (CrPC) - Sections 245 and 482; Constitution of India - Article 227; Indian Penal Code (IPC), 1860 - Sections 120B, 166 to 177 and 378 to 462; Customs Act, 1962 - Sections 28, 111, 112A and 130E; Finance (No. 2) Act, 1998 - Sections 90(2), 90(4) and 91; Wealth Tax Act, 1957; Gift Tax Act, 1958; Income Tax Act, 1961; Interest Tax Act, 1974; Expenditure Tax Act, 1987; Central Excise Act, 1944; Customs Tariff Act, 1975; Central Excise Tariff Act, 1985; Foreign Exchange Regulation Act, 1973; Narcotic Drugs and Psychotropic Substances Act, 1985; Terrorists and Disruptive Activities (Prevention) Act, 1987; Prevention of Corruption Act, 1988

Reported in : AIR2003SC2545; 2003(2)ALD(Cri)292; 2003(2)ALT(Cri)142; 2003(51)BLJR1697; 2003CriLJ3041; 2003(3)CTC356; (2003)182CTR(SC)1; 104(2003)DLT699(SC); 2003(87)ECC473; 2003(155)ELT4; (2003) 5 SCC 257

financial institutions including leasing company orcompanies for meeting the cost for the matching out the purchaseof procuring such finance the said machines may be mortgaged orleased to leasing company or financial institution which in turn willbe leased … taxenactment. Section 89 of the Kar Vivad Samadhan Scheme, 1998 deals withparticulars to be furnished in declaration and Section 90 of the Scheme deals withtime and manner of payment of tax arrears. Clause (2) of Section 90 provides … to as 'theGCRI') on a bona fide premise that since all the activities of the GCRI were fundedby the GCS and all the operations of

Jyotsna Holdings Pvt. Ltd. Vs. Designated Authority Under the Kar Viva ...

Court : Delhi

Subject : Direct Taxation

Acts : Constitution of India - Article 226; Income Tax Act, 1961 - Sections 87 and 220; Finance Act, 1960 - Sections 156 and 215

Reported in : 2000IVAD(Delhi)461; 2000(53)DRJ696; [2000]243ITR246(Delhi)

the certificate issued to a declarant, reliance is placed on the second proviso to Section 90 of the Finance Act. In nutshell the stand of the Revenue is that interest under Section 220(2) forms part of tax arrear … 1998 but subsequently it was extended for a further period of one month i.e. up to 31st January, 1999. 3. On 2nd September, 1998 the petitioner filed a declaration under the said Scheme in respect of interest