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

Court : Supreme Court of India

Subject : Direct Taxation

Act 2001 (14 of 2001), sec. 4(ii), for “sub-clauses (i) to (v)” (w.e.f. 1-4-2002). 18 Substituted by the Finance Act 2000 (10 of 2000), sec. 4, for Explanation 3 (w.e.f. 1-4-2001). Explanation 3 before substitution, stood as under: “Explanation … This Code has, however, remained in draft form and was never enacted. 106 copyright” is certainly more expansive than the DTAA provision, which speaks of … to royalty and as this was so, the same constituted taxable income deemed to accrue in India under section 9(1)(vi) of the Income Tax Act, 1961 [“Income Tax Act”]., thereby making it incumbent upon all such persons

The Commissioner of Income Tax-9 Vs. Ajanta Pharma Ltd.

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10, 10A, 10B, 15JB, 80HHC, 80 HHC(1), 80 HHC(1A), 80 HHC(1B), 80HHC(3), 80HHC(3A), 80HHC(4), 80HHC(4A), 80HHC(10), 80HHD, 80HHD(3), 80HHG, 80HHE, 80HHF, 115(JB), 115J, 115J(2), 115JA, 115JA(1), 115JA(2), 115JB, 115JB(2), 115JD and 2888(2); Finance Act, 1996; Finance Act, 1997; Finance Act, 2000; Finance Act, 1987; Direct Tax Laws Amendment Act, 1989; Companies Act, 1956

Reported in : 2009(111)BomLR1905; (2009)223CTR(Bom)441; [2009]318ITR252(Bom); [2009]180TAXMAN494(Bom)

as to phase out the deduction completely by assessment year 2005- 06. Section 115 JB was introduced by Finance Act, 2000 with effect from 1.4.2001 i.e. with effect from the assessment year 2001-02 replacing the erstwhile Section 115JA. As … [2001]248ITR372(Ker) . It is submitted that the view taken by the Special Bench in DCIT v. Syncone Formulations 106 ITD 193 (Bom) as also DCIT v. Govind Rubber Ltd. 82 TTJ 615 should be accepted.4(d). It is

The Commissioner of Income-tax Vs. A.K. Khosla

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10, 14, 15, 16, 17, 17(1), 17(2), 17(3), 143(1), 143(3), 147 and 148; ;Indian Income Tax Act, 1922 - Section 7(1); ;Income Tax Rules - Rule 3; ;Finance Act, 1999 - Section 17(2); ;Finance Act, 2001; ;Finance Act, 2002 - Section 271; ;Securities Contracts (Regulation) Act, 1956 - Section 2; ;Constitution of India - Article 20(1)

is answered accordingly.Further, this Court also considered the new provision of Section 17(3)(ii), which was inserted by the Finance Act, 2002 and held that the amendment is only prospective in nature and not retrospective and in paragraph 22, … noted that the assessee retired from service on attaining the age of superannuation with effect from September 30, 2000, there was thus severance of master-servant relationship and no material is brought on record by the Revenue to … explaining various provisions containing the details reported in : (2001) 248 ITR 106 page 118 Statutes deals with sub Clause (b) of Clause 13, which

Easland Combines, Coimbatore Vs. the Collector of Central Excise, Coim ...

Court : Supreme Court of India

Subject : Excise

Reported in : AIR2003SC843; 2003(85)ECC496; 2003(152)ELT39(SC); JT2003(1)SC106; 2003(1)SCALE123; (2003)3SCC410; [2003]1SCR98

amendments in Section 11A of the Central Excise Act, 1994 which came into force w.e.f. 17.11.1980 by the Finance Act, 2000 (10 of 2000). 3. The relevant part of unamended Section 11A was as under:--'Section 11A--Recovery of duties not … change.8. At this state, we would refer to the statement of objects and reasons for amending Section 11A:--'Clause 106 seeks to validate certain action taken under Section 11A of the Central Excise Act with retrospective effect from

income Tax Officer Vs. Choudhury Farrque Ali and Marble

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Subject : Direct Taxation

Reported in : (2004)82TTJ(Jodh.)1

that the Department was to prove a guilty mind before it could penalize a citizen for concealment. The Finance Act, 1964, came Up with an arithmetical device to replace the vexed question of onus in penalty cases. The … The rationale behind this view is that the basic facts are within the special knowledge of the assessee. Section 106 of the Indian Evidence Act, 1872 (in short, the "Evidence Act"), gives statutory recognition to this universally accepted

Shree Fats and Proteins Ltd. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : Sales Tax

Acts : Finance Act, 2000 - Sections 119 and 120; Central Sales Tax Act, 1956 - Sections 9, 9(2), 9(2A) and 9(2B); Rajasthan Sales Tax Act, 1994 - Sections 29, 37, 53, 58, 70 and 70(2); Rajasthan Sales Tax Act, 1954 - Sections 12; Kerala General Sales Tax Act, 1963 - Sections 23(3); Constitution of India - Articles 14, 19 and 19(1)

Reported in : [2006]146STC310(Raj)

numbering 29, the petitioners have challenged the provisions of Sub-clause (2)(d) of the validation Clause 120 of the Finance Act, 2000 (Act No. 10 of 2000) be declared to be violative of Articles 14 and 19(l)(g) of the Constitution … 2000) be declared to be violative of Articles 14 and 19(l)(g) of the Constitution of India and of Section 9(2B) of the Central Sales Tax Act, 1956. The challenge to the validity of the aforesaid provisions is … case of India Carbon Ltd. v. State of Assam reported in [1997] 106 STC 460 and the Supreme Court held that the provisions in the

Maruti Udyog Ltd. Vs. Dy. Cit

Court : Delhi

Subject : Direct Taxation

Reported in : [2005]92ITD120(Delhi)

The legislature made retrospective amendment to section 28 of the Act by inserting clauses (iiia) to (iiic) by Finance Act, 1990 with effect from 1-4-1962. Thus, income by way of duty drawback became taxable income by virtue of … per assessed's formula would come to 2200 components (500 + 2500 - 800) as against actual consumption of 2000 components (20 X 100). This difference of 200 components, unless explained by the assessed in a satisfactory manner, … Taxman 28 (Chd.) (Mag.)(3) Business Information Processing Services v. Asstt. CIT (1999) 106 Taxman 116 (Jp.) (Mag.)(4) Gurudev Engineers (P) Ltd. v. ITO (1990) 34

English Indian Clays Ltd. Vs. Union of India (Uoi) and ors.

Court : Kerala

Subject : Sales Tax/VAT

Acts : Kerala General Sales Tax Act, 1963 - Sections 23(3); Central Sales Tax Act, 1956 - Sections 9(1), 9(2), 9(2A) and 9(2B); Union Finance Act, 2000; Revenue Recovery Act - Sections 7 and 34; Haryana General Sales Tax Act, 1973 - Sections 48; Central Sales Tax (Amendment) Act - Sections 9 and 9(2); Constitution of India - Articles 14, 19(1), 20, 258(1), 258(2) and 265

Reported in : (2008)11VST709(Ker)

that Section 9(2), 9(2A) and 9(2B) of the CST Act and the validation clause enacted by the Union Finance Act, 2000 as unconstitutional and invalid. There is a further prayer for a declaration that the validation clause introduced by … already been considered by the Supreme Court in various decisions (India Carbon Ltd. v. State of Assam [1997] 106 STC 460) and the decision of the Supreme Court in Shiv Dutt Rai Fateh Chand v. Union of

Union Of India Vs. M/s Indian Oil Corporation Ltd

Court : Supreme Court of India

Subject : Land Acquisition

Claims Tribunal shall also exercise, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), the jurisdiction, powers and authority conferred on the Tribunal under Chapter VII of the … 1 of 95 F. ANALYSIS .............................................................................................. 22 i. Relevant Statutory Scheme and Provisions .............................................. 22 ii. Scope of Section 106 of the Railways Act, 1989 ........................................ 29 a. What is meant by an “Overcharge”?. ....................................................... 35 b. Concept

English Indian Clays Ltd. Vs. Union of India (Uoi)

Court : Kerala

Subject : Sales Tax

Acts : Central Sales Tax Act, 1956 - Sections 9, 9(1), 9(2), 9(2A) and 9(2B); Constitution of India - Articles 14, 19(1), 258(1), 258(2) and 265; Kerala General Sales Tax Act, 1963 - Sections 23(3); Finance Act, 2000 - Sections 2B

Reported in : 2004(3)KLT901

that Section 9(2), 9(2A) and 9(2B) of the CST Act and the Validation Clause enacted by the Union Finance Act, 2000 as unconstitutional and invalid. There is a further prayer for a declaration that the Validation Clause introduced by … has already been considered by the Supreme Court in various decisions (India Carbon Ltd. v. State of Assam, 106 STC 460, and the decision of the Supreme Court in Shiv Dutt Rai Fatheh Chand & Ors. v.