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Smt. Jyoti M. Bhandari Vs. Asstt Cit

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2006)6SOT375(Ahd.)

relied upon by the assessees are prior to the amendment by the Finance (No. 2) Act, 1998 and Finance Act, 2002 with retrospective effect from 1-7-1995. The Explanation which the assessees relied upon was inserted by Finance (No. … These two appeals by two assessees are against the orders of assessing officer passed under section 158BD read with section 158BC of the Income Tax Act, 1961 for the block period 1-4-1985 to 31-3-1995

Ranganatha Associates and ors. Vs. Union of India (Uoi) and ors.

Court : Karnataka

Subject : Direct Taxation

Acts : Finance Act, 1998 - Sections 90 and 96; Income Tax Act, 1961 - Sections 245

Reported in : (2003)180CTR(Kar)441

as tax payable in terms of the Scheme as per Form 2A issued under Section 91 of the Finance Act. Admitted facts, however, reveal a factum of refund order in terms of Annexure-C, dt. 25th March, 1999, an … of 1998. Counsel strongly places reliance on a clarification on Kar Vivad Samadhan Scheme, 1998, regarding instructions under Section 96 of the Finance (No.2) Act, 1998 issued by the Department. Question No. 3 mentioned therein read as :'Where

Indian Oil Corporation Ltd. Vs. the State of Bihar and ors.

Court : Patna

Subject : Sales Tax

Acts : Companies Act, 1956; Bihar Finance Act, 1981 - Sections 48; Central Excise Rules, 1944 - Rule 13(2); Constitution of India - Article 226

oil products, for the year 1995-96. The Sales Tax Officer, placing reliance under the provisions of the Bihar Finance Act, 1981 made an assessment order levying sales tax on export sales of oil product by IOC to NOC … allowed to the petitioner IOC by the Assessing Officer for the years 1990-91, 1993-94, 1994-95, 1997-98, 1998-99 and 1999-2000 without bills of export. However this factum and resultant contention before the authorities, though raised, was not allowed … of the notification issued by the competent authority under Sub-section (2) of Section 13 of the Central Excise Rules, 1944, as the Assessing authority has

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 … Vijay C. Daga, J.1. Heard. Perused appeal.2. This appeal, under Section 260-A read with Section 246(1)(a) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act' for short),

Shatrushailya Digvijaysingh Jadeja Vs. Commissioner of Income-tax

Court : Gujarat

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1998 - Sections 86, 87, 88, 89, 90, 93, 95 and 98; Income-tax Act, 1961 - Sections 140A and 264; Wealth-tax Act, 1957

Reported in : [2003]259ITR149(Guj)

India promulgated the Kar Vivad Samadhan Scheme (hereinafter referred to as 'the Scheme' or 'the KVSS') through the Finance (No. 2) Act, 1998, as contained in Sections 86 to 98 of the said Act. The scheme came … for a writ, direction or order of this court quashing and setting aside the orders dated February 9, 1999, passed by the respondent-Commissioner of Income-tax, Rajkot, rejecting the petitioner's declarations under the Kar Vivad Samadhan Scheme for … before the Commissioner of Income-tax (Appeals), but as the self-assessment tax under Section 140A was not paid, the appeals were not entertained by the said

Acit Vs. Goldmine Shares and Finance Pvt.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2008)113ITD209(Ahd.)

the determination is to be made.21. The provisions of Section 80IA were then divided in two parts by Finance Act, 1999 w.e.f. 1-4-2000- one, by the replaced 80IA and other, by the newly inserted Section 80IB. For material purposes … profits of assessee from other business.Whereas, another Bench of the Tribunal in ACIT v. Ashok Alco Chem Ltd. 96 ITD 160 (Mum.) is stated to have held against the assessee by observing that for the purpose of

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

iris Electronics (India) Pvt. Ltd. Vs. State of Jharkhand Through the ...

Court : Jharkhand

Subject : Sales TaxConstitution

Acts : Bihar Reorganization Act, 2000 - Sections 84 and 85

Reported in : 2005(1)BLJR581; [2005(1)JCR130(Jhr)]

In writ application WP (T) No. 31342/2001, the petitioner has prayed :-(i) For a declaration that the Bihar Finance Act, 1981 and the relevant rules framed therein and the notification issued in exercise of powers under the Act … view of the same being products of exempted industry under S.O.. No. 96, dated 4.4.1994 which is also binding on the State of Jharkhand in … will continue to operate in the State of Jharkhand till any amendment is made under the provisions of Section 84 of the Bihar Reorganization Act, 2000.(ii) For a declaration that the benefit conferred to the industries by

Apurva J. Parekh Vs. Union of India and ors.

Court : Gujarat

Subject : Excise

Acts : Central Excise Rules, 1944 - Rules 173Q, 173Q(1), 209 and 209A; Central Excise Act, 1944 - Sections 11 and 11A

Reported in : 2000(69)ECC786

not determined on 31.3.1998 as per definition of the words 'tax arrear' as per Section 87(m)(ii)(a) of the Finance Act, 1998. The facts, briefly, required to be considered for the disposal of these petitions are as under : … quantified.' 7. Mr. Dave, learned counsel appearing for the petitioner submitted that in view of provision contained in Section 96 of the Scheme, circulars have been issued. The relevant Sub Clause 1 of Section 96 reads as under

Ajay Kumar Saha and ors. Vs. Union of India (Uoi) and ors.

Court : Patna

Subject : Criminal

were seized under Section 110 of the Customs Act, 1962 for violation of Government of India, Ministry of Finance Notification No. 9/96-Cus, dated 22-1-1996 issued under Section 11 of the Customs Act, 1962 read with Section 3