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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 … Supreme Court judgment in the case of CIT v. Podar Cement (P.) Ltd. [1997] 226 ITR 625 : 92 Taxman 541. Alternatively, it was contended by him that even the old provisions, prior to above amendment, included

Dr.S.Jagatrakshagan Vs. the Deputy Commissioner of Income Tax

Court : Chennai

Subject : Constitution

Acts : Finance (No.2) Act, 1998 - Section 90, 91, 87, 92, 88, 90(1); Kar Vivad Samadhan Scheme, 1998; Constitution of India - Articles 14

TAX PRACTITIONERS v. UNION OF INDIA, Delhi High Court held that the proviso to Section 92 of the Finance Act (No.2) Act, 1998 is ultra vires article 14 of the Constitution as it results in creating two artificial

Bhawaralal (Huf) Vs. Assistant Commissioner of Income Tax

Court : Karnataka

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1998 - Sections 86 to 98, 90(1), 90(2) and 96(1); Income Tax Act, 1961 - Sections 143; Constitution of India - Article 14

Reported in : (2008)219CTR(Kar)300; [2009]177TAXMAN541(Kar); 2008(5)AIRKarR46(DB)

receipt of Rs. 16,85,000 by co-owners, contrary to instruction dt. 26th Nov., 1998 issued under Section 96(1) of Finance Act (No. 2) of 1998/KVSS, 1998, which is binding on Revenue. (vide Annex. 'E'--page) (1999) 151 CTR (St) 71 … public interest petition and a Division Bench of the Delhi High Court having held that the proviso to Section 92 of the Act was ultra vires Article 14 of the Constitution of India. This has been accepted by

Nishit Construction Company (P) Ltd. Vs. Income Tax Officer

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 69 and 260A; Finance Act, 1998 - Sections ; 86, 87, 88, 89, ;90, 90(1), 90(2), 90(4), 91 and 92; Constitution of India - Article 14

Reported in : [2008]303ITR419(MP)

speech of the Finance Minister. Even in the Finance (No. 2) Act, 1998 (hereinafter referred to as the 'Finance Act') the provisions are very clear, unambiguous, unequivocal and in no manner of doubt convey that all matters pending … the appeals. Learned senior advocate for the Department, per contra has placed heavy reliance on the proviso to Section 92, which specifically saves the appeal of the Department, the declaration under the scheme notwithstanding.11. A reading of the

Reliance Industrial Infrastructure Ltd. Vs. Jt. Cit

Court : Mumbai

Subject : Direct Taxation

Reported in : (2002)75TTJ(Mumbai)606

is only with effect from assessment year 1997-98 that the new provisions of section 145(2) substituted by the Finance Act, 1995, have come into operation which alone have empowered the Central Government to notify Accounting Standards to be … : Asst. yr. Lease rent 1995-96 Rs. 8,335 1996-97 Rs. 8,335 1997-98 Rs. 8,335 1998-99 Rs. 10 Lakhs 1999-2000 Rs. 3 Lakhs 2000-2001 Rs. 17,500 per annum And thereafter till end of the contract. In the above

Vatsala Shenoy Vs. Jt.Commissioner of Income Tax

Court : Supreme Court of India

Subject : Direct Taxation

capital gain. The learned counsel pointed out that such a provision was introduced for the first time (vide Finance Act, 1999) by inserting Section 50B to the Act with effect from April 01, 2000, laying down the mechanism for … gains on account of| | |transfer of interest in partnership firm M/s. | | |MGBW out of Rs. 92 crores | | | | | | | | |Share of assessee out of Rs. 92| |Rs. |

Set Satellite (Singapore) Pte Ltd., a Company Incorporated and Registe ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 9, 92, 92C, 119, 195, 145, 234A, 234B and 234C; Finance Act, 2001; Finance Act, 2002

Reported in : (2008)110BOMLR2726; 2008BusLR850(Bom); (2008)218CTR(Bom)452; [2008]307ITR205(Bom)

price are contained in Section 92 of the Income Tax Act. The principles have been clarified by the Finance Act, 2001 as also Finance Act, 2002. From the order of the C.I.T. which has been accepted it is … Appeal by the assessee against the order of ITAT dated 20th April, 2007 in respect of assessment year 1999-2000. According to the Appellant it is a resident of Singapore and has business activities in India. Undisputed fact

M/S. Srd Nutrients pvt.ltd. Vs. Commissioner of cent.excise, Guwahati

Court : Supreme Court of India

Subject : Land Acquisition

is associated with the aforesaid notification granting exemption from payment of excise duty.3) It so happened that vide Finance Act, 2004, the Education Cess and Higher Education Cess were also imposed, which are surcharge on the excise duty. … is simply stated that refund of central excise duty has been provided by exemption Notification dated July 8, 1999 and dated April 25, 2007 to the 9 (2010-TIOL-1659-CESTAT-KOL) Civil Appeal Nos. 2781-2790 of 2010 & Ors. Page … Central Excise Act, 1944 (hereinafter referred to as the ‘Act’) read with Section 3(3) of the Additional Duties of Excise (Goods of Special Importance) Act,

Reckitt and Colman of India Ltd. and anr. Vs. Assistant Commissioner o ...

Court : Kolkata

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 2(7A), 2(33), 4(1), 4(2), 87, 89, 90, 91, 92, 93, 94, 115O, 120, 120(1), 120(2), 120(3), 120(6), 131, 132(1), 133A, 139, 191 to 196D, 200, 201(1A), 203, 203A, 206, 206(2), 206(3), 221 and 246A1(1); ;Direct Tax Laws (Amendment) Act, 1987; ;Central Boards of Revenue Act, 1963; ;Income-tax Rules, 1962 - Rules 36A and 37; ;Constitution of India - Article 226

Reported in : [2001]251ITR306(Cal),[2001]252ITR550(Cal)

the Act and Form No. 26 duly filed with respondent No. 1. Section 115-O was introduced by the Finance Act, 1997, with effect from June 1, 1997. In view of the aforesaid Section, the petitioner was no longer … and 91 deals with double taxation relief, Chapter X consists of Sections 92, 93 and 94 deals with special provisions relating to avoidance of tax.7. … petitioner duly filed returns of income under Section 139 of the said Act up to the assessment year 1999-2000. The petitioner has also been filing TDS returns as required under law.5. Mr. P. K. Pal, the learned

Shiv Herbal Research Lab P. Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Service Tax

Reported in : (2002)(139)ELT133Tri(Mum.)bai

filed is for restoration of the appeal on the ground that an order under section 90(4) of the Finance Act, 1998 for full and final settlement under the Kar Vivad Samadhan Scheme has not been passed.2. The contention … of which interpretation is correct, it is not in doubt that after a final order certificate under sub-section 92) of section 90 had not been issued to the appellant before us. The appeal would be deemed to