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May 07 2009

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

Court : Mumbai

Decided on : May-07-2009

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 … exclude export profits for the purpose of Section 115 JB at the figure other than that allowed under Section 80 HHC (1B)?2. Whether in law for the purpose of calculating book profit under Section 115 JB of the

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Nov 21 2008

The Commissioner of Income Tax-v Vs. Natraj Stationery Products (P) Lt ...

Court : Delhi

Decided on : Nov-21-2008

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80IA, 80IA(2), 80IB, 80IB(3), 143(1) and 260A; Finance Act, 1991; Finance Act, 1992; Finance Act, 1993; Finance Act, 1994; Finance Act, 1995; Finance Act, 1996; Finance Act, 1997; Income Tax (Amendment) Act, 1998; Finance Act, 1998; Finance Act, 1999

Reported in : (2009)222CTR(Del)430; [2009]312ITR22(Delhi); [2009]177TAXMAN168(Delhi)

certain stated cases as enumerated in the Section was brought on the statute book by virtue of the Finance Act (No. 2), 1991 by insertion of Section 80-IA with effect from 01.04.1991. This provision has undergone amendment several … referred as the 'Tribunal') in ITA No. 313/Del/2006 and ITA No. 3509/Del/2003, in respect of the assessment years 2000-01 and 2001-02 respectively. These two appeals are being disposed of by this common judgment.2. The short issue which

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Oct 31 2007

Mohan Breweries and Distilleries Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Chennai

Decided on : Oct-31-2007

Subject : Direct Taxation

Reported in : (2008)114TTJ(Chennai)532

facts of the case. These order were delivered before the amendment to Section 80-IA. By amendment by the Finance Act, 1999 w.e.f. 1st April, 2000, Section 80-IA(2) was introduced which has given the option to the assessee to

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Apr 07 2005

Cybertech Systems and Software Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Apr-07-2005

Subject : Service Tax

Reported in : (2005)3SOT121(Mum.)

to be noted that both in section 80HHE and in the amended provision of section 10B introduced by Finance Act, 2000 the exemption/deduction is available to items which are exported or transmitted from India by "any other means". This … section 10B of the Income Tax Act, 1961? Whether the assessee is eligible for the deduction under section 80HHE of the Income Tax Act, 1961? The assessee is a company incorporated in India on 19-1-1995, under the

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Apr 07 2005

Cybertech Systems and Software Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Apr-07-2005

Subject : Service Tax

Reported in : (2007)106TTJ(Mum.)257

to be noted that both in Section 80HHE and in the amended provision of Section 10B introduced by Finance Act, 2000 the exemption/deduction is available to items which are exported or transmitted from India by "any other means". This … Section 10B of the IT Act, 1961? Alternatively Whether the assessee is eligible for the deduction under Section 80HHE of the IT Act, 1961? 3. The assessee is a company incorporated in India on 19th Jan., 1995,

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Oct 20 2009

indodan Industries Ltd. Vs. State of U.P. and ors.

Court : Supreme Court of India

Decided on : Oct-20-2009

Subject : Sales Tax/Vat

Acts : Central Sales Tax Act, 1956 - Sections 9, 9(1), 9(2) and 9(2B); Finance Act, 2000 - Sections 119, 120 and 120(2); General Sales Tax Law

Reported in : 2009(13)SCALE421; 2009(10)LC4845(SC)

on 12th May, 2000 by the Finance Act of 2000 is retrospective? and(2) Whether Section 120 of the Finance Act, 2000 which was a validating Act was invalid inasmuch as it purports to validate a provision which had never

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Mar 28 2001

Cce, Jaipur Vs. M/S. Jagdish Travels

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Mar-28-2001

Subject : Service Tax

Reported in : (2001)(75)ECC852

1944. He has argued that discretion for not imposing penalty could be exercised by the Commissioner(Appeals) only under Section 80 of the Finance Act if the sufficient cause was shown by the respondents for the delay in filing … passed by the Commissioner(Appeals) vide which he had set aside the penalty imposed under Section 77 of the Finance Act, 1994 of Rs.27,500/-on the appellants.3. The respondents failed to fill their quarterly Returns ending quarters December 1997, March … of his contention placed reliance on CCE Jaipur cs. Milan Tent Palace, 2000(43) RLT 51, Vijaya Clearing & Forwarding Agency Vs. CCE Mumbai-I, 2000(123) ELT

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Apr 05 2004

A.P.S.E.B. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Decided on : Apr-05-2004

Subject : Direct Taxation

Reported in : (2004)85TTJ(Hyd.)30

was held that the circulars issued by the CBDT in the context of explaining the provisions in the Finance Act cannot be considered as a circular within the purview of Section 119(1) or (2) of the Act, as … yrs. 1968-69 to 1970-71. The AO accepted this return on 24th Feb., 2000, vide his order made under Section 143(3) of the Act. The CIT … object to make profit at all and the Electricity (Supply) Act contains no provision for declaration of dividends.5.6. Section 80 of the Electricity (Supply) Act deems the board as a company for the purposes of IT Act and

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Jul 27 2007

Noida Catering Service Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Jul-27-2007

Subject : Service Tax

Reported in : (2008)12STJ62CESTATNew(Delhi)

Rs. 4,13,800/- immediately along with interest and also paid amount of Rs. 2000/- as penalty under Section 77 of the Finance Act. The adjudicating authority … pointed out they immediately paid the amount of Service Tax along with interest. The appellant contention is that Section 80 of the Finance Act provided that notwithstanding any point in the provisions of Section 76 and 77 or … impugned order. In the present appeal, the only challenge is regarding imposition of penalty under Section 78 of Finance Act, 1994.2. The appellants were providing outdoor catering service and Service Tax was levied on outdoor caterer with effect

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Oct 13 2006

Ontrack Systems Ltd. Vs. the Asst. Commissioner of I.T.

Court : Income Tax Appellate Tribunal ITAT Chennai

Decided on : Oct-13-2006

Subject : Land Acquisition

Reported in : (2007)108ITD279(Chennai)

exchange does not Constitute 'design' within the meaning of Section 80-O of the Act as amended by the Finance Act, 1997 with effect from 1.4.1998. Aggrieved, the Assessee preferred an appeal before the C.I.T.(Appeals). The C.I.T. (Appeals) confirmed … the order of the C.I.T. (Appeals)-V, Chennai dated 12.12.2003. The relevant assessment year involved in this appeal is 2000-01.2. The only issue in this appeal of the Assessee is whether creation of website would fall within the

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