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May 10 2002

TIn Plate Company of India Limited Vs. State of Bihar and ors.

Court : Jharkhand

Decided on : May-10-2002

Subject : Sales Tax

Acts : Bihar Finance Act, 1981 - Sections 7(3) and 42

Reported in : [2004]135STC385(Jharkh)

S.O. No. 478 dated 22nd December, 1995 in exercise of its power under Section 7(3)(b) of the Bihar Finance Act, 1981 which provides for the benefit of exemption from payment of sales tax on purchase of raw materials … 'JCCT') pursuant to the direction dated January 6, 2000 passed by this Court in C.W.J.C. No. 3248 of 1999(R) whereby and whereunder the prayer of the petitioner for refund of the sales tax of the year 1996-97

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Aug 31 2017

Indian Association of Tour Operators vs.union of India & Anr.

Court : Delhi

Decided on : Aug-31-2017

Subject : Service Tax

Rule 6A of the Service Tax Rules, 1994 (‘ST Rules’), concerning ‘Export of services’ is ultra vires the Finance Act 1994 (‘FA’). The validity of Section 94 2 (f) of the FA is also challenged on the ground … Corporation of Delhi v. Birla Cotton Spinning & Weaving Mills AIR1968SC1232and Union of India v. Indian Charge Chrome 1999 (112) ELT753(SC).34. Mr. Mittal submitted that if Section 94 (2) (f) of the FA was interpreted as permitting

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Jul 15 2005

Wallfort Shares and Stock Brokers Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jul-15-2005

Subject : Land Acquisition

Reported in : (2005)96ITD1(Mum.)

House of Lords in the case of Lupton. In that case forward stripping had been banned by the Finance Act, 1960, but the House of Lords did not think that the subsequent amendment should prejudice or cloud the … had entered into a pre-meditated and pre-ordained transaction. His client invested in the units of mutual fund in 1999 and sold them in 2001. Yet the loss was disallowed. At any rate, there were no parameters relating … in the case of the assessee in relation to assessment orders under section 143(3) for assessment years 2001-2002 and 2000-2001 respectively. These appeals have been … Mutual Funds is allowable or not? 2. Whether the provisions of section 94(7) of the Income Tax Act, 1961 can be interpreted as retrospective in

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Jul 15 2005

Wallfort Shares and Stock Brokers Vs. Income-tax Officer [Alongwith

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jul-15-2005

Subject : Land Acquisition

House of Lords in the case of Lupton. In that case forward stripping had been banned by the Finance Act, 1960, but the House of Lords did not think that the subsequent amendment should prejudice or cloud the … had entered into a pre-meditated and pre-ordained transaction. His client invested in the units of mutual fund in 1999 and sold them in 2001. Yet the loss was disallowed. At any rate, there were no parameters relating … in the case of the assessee in relation to assessment orders Under Section 143(3) for assessment years 2001-2002 and 2000-2001 respectively. These appeals have been … Mutual Funds is allowable or not? 2. Whether the provisions of Section 94(7) of the Income-tax Act, 1961 can be interpreted as retrospective in operation

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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 … be performed under this Act.” [2024] 12 S.C.R. 243 Commissioner of Customs v. M/s Canon India Pvt. Ltd. Section 94 - Insertion of new section 110AA to the Act, 1962 “94. After section 110A of the Customs Act,

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Jan 14 2004

Vinod Khatri Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jan-14-2004

Subject : Direct Taxation

Reported in : (2004)82TTJ(Delhi)911

to be taken out separately and independently for the assessment order.29. It may be pointed out that by Finance Act, 1999 Section 253(6) was amended by adding Clause (d). The Board vide Circular No. 779 dt. 14th Sept., 1999 reported … disallowances do not amount to concealed income.23. In the case of CIT v. Dwarka Prasad Subhash Chandra (1974) 94 ITR 154 (All), the Hon'ble Allahabad High Court while explaining the scope of levy of penalty under Section

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Nov 17 2005

Sedco Forex International Drill. Inc. and ors. Vs. Commissioner of Inc ...

Court : Supreme Court of India

Decided on : Nov-17-2005

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4(1), 5(2), 9, 9(1) and 119; ;Finance Act, 1999 - Sections 9(1); ;Finance Act, 1983

Reported in : AIR2006SC428; (2005)199CTR(SC)320; [2005]279ITR310(SC); JT2005(5)SC639; (2005)12SCC717

It was further submitted that the amendment to the Explanation to Section 9(1)(ii) was brought about by the Finance Act 1999 and was retrospective since it was clarificatory. It was also stated that the issue whether a statute is

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Aug 25 2004

Parbhudas Kishoredas Tobacco Products Ltd. and ors. Vs. Union of India ...

Court : Madhya Pradesh

Decided on : Aug-25-2004

Subject : Sales Tax/VAT

Reported in : (2009)20VST853(MP)

to them.3. In the year 1994, the Central Government imposed levy of service tax on various services by Finance Act of 1994. Provisions were made for levy, collection and other related matters of service tax. It is put … goods transport operators is arbitrary, per se illegal and inasmuch as only a declaration has been made. Under Section 94, which enjoins power to make Rules, service tax cannot be made payable by the person other than on … in the case of Laghu Udyog Bharati v. Union of India : 1999ECR53(SC) , held that the provisions of Rule 2(d)(xii) and (xvii) of the

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Sep 07 2012

M/S. Tata Motors Ltd. Vs. Union of India Through the Secretary, Minist ...

Court : Mumbai

Decided on : Sep-07-2012

Subject : Service Tax

Excise Act, 1944 (For Short said Act) as amended w.e.f. 1st July, 2000 by Section 94 of the Finance Act 2000 (100 of 2000). Learned Senior Counsel Mr. Sridharan had submitted that Section 4 (1)(a) provides that the … thereby withdrawing earlier Circular No.355/71/97 CX dated 19th November, 1997 and subsequent Circular No.435/1/1999 CX dated 12th January, 1999 and further directed that the withdrawal of these two Circulars will apply to past cases only, as the

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Jan 23 2001

industrial Machinery Associates Vs. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Jan-23-2001

Subject : Direct Taxation

Reported in : (2002)81ITD482(Ahd.)

beyond the purview of taxation under Section 45. The learned counsel argued that Section 50B introduced by the Finance Act, 1999 w.e.f. 1st April, 2000 brought the transaction of slump sale within the purview of capital gains under Section

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