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C.i.T. Vs. Kushal Bagh Minerals Pvt. Ltd. and ors.

Court : Rajasthan

Subject : Direct Taxation

Reported in : (2008)216CTR(Raj)269; [2009]310ITR125(Raj)

and the learned Tribunal held, that the provisions of Section 143 and 154 have been amended by the Finance Act of 1999, whereby, the provisions were modified, and prima facie adjustments, additional tax, and issue of limitation etc. … interest under Sections 234A, 234B and 234C. While, for the assessment years 2001-02 to 2002-03, the Assessing Officer taxed the assessee on book profit as … 139 or along with the return of income furnished in response to the notice under Clause (i) of Section 142.7. In our view, it clearly appears from the assessment orders, that the orders proceeds in issuing initial intimation

Jindal thermal Power Company Limited (Formerly Jindal Tracteble Power ...

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 10, 10A, 10B, 11, 12, 80HHC, 80HHC(3), 80HHF(3), 112, 113, 115A, 115AA, 115AB, 115ACA, 115AD, 115B, 115BB, 115BBA, 115E, 115JB, 119(2), 140A, 154, 161(1A), 164, 164A, 167B, 172(4), 174(2), 175, 176(2), 192, 207, 208 to 219, 234A, 234B and 234C; Finance Act, 2002 - Sections 115J, 115J(1), 115JA, 115JB(1) and 115JB; Finance Act, 1987; Finance (No. 2) Act, 1996; Finance Act, 2000 - Sections115B and 115JB; Finance (Amendment) Act, 2000; Finance (Amendment) Act, 2002; Companies Act, 1956 - Sections 210; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3, 17(1), 32(2), 32A(3), 72(1), 73, 74, 74A(3), 139(1), 142(1) and 288(2); Finance Act, 2001 - Sections 2(8); Constitution of India - Articles 265 and 300A

Reported in : (2006)203CTR(Kar)381; [2006]286ITR182(KAR); [2006]286ITR182(Karn)

Matched in: Parties Jindal thermal Power Company Limited (Formerly Jindal Tracteble Power Co. Ltd.) Vs. the Deputy Commissioner of Income Tax and Union of India (Uoi) R/by Its Secretary, Ministry of Finance, Department of Revenue

Sea Pearl Enterprises Vs. Deputy Commissioner of Income Tax

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80P, 139(1), 139(4), 140A, 142(1), 143, 143(1), 144, 147, 208, 210, 234A, 234A(1) and 234B; Finance Act, 2001; Constitution of India - Articles 14 and 19

Reported in : (2006)204CTR(Ker)81

234A of the Act and based on Expln. 4 to the said section which now stands omitted by Finance Act, 2001 with retrospective effect from 1st April, 1989. Even though the interest levied on petitioners is not consistent with … Sub-section (1) or Sub-section (4) of Section 139, or in response to a notice under Sub-section (1) of Section 142, is furnished after the due date, or is not furnished, the assessee shall be liable to pay simple

Chandra Prakash Agrawal Vs. Assistant Commissioner of Income-tax and o ...

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 15(1), 15A(1), 32(2), 68, 69, 69A, 69B, 69C, 113, 129, 132, 132(1), 132A, 132A(2), 132A(3), 132B, 132(4A) to 132(14), 139, 139(1), 142, 142(1), 142(2A), 143, 143(1), 143(1B), 143(2), 143(3), 144, 145, 147, 148, 158BA, 158BA(2), 158B to 158BI, 234A, 234B, 234C, 245C, 245D(1), 245D(2), 245D(4), 245H, 246, 246A, 253, 263, 271(1), 271A, 271B and 278D; ;Income Tax Act, 1922 - Sections 22(4), 37 and 131(1); Finance Act, 1995; Finance Act, 2001; Finance Act, 1998; Emergency Powers Act, 920

Reported in : (2006)206CTR(All)505; [2006]287ITR172(All)

income of a designated period consisting of ten previous years, now reduced to six previous years by the Finance Act, 2001, with effect from June 1, 2001, preceding the previous year in which the search was conducted and also … assessment under Section 148 of the Act. Respondent No. 1, vide notice dated November 10, 2005, issued under Section 142(1) of the Act, asked the petitioner to appear and produce certain documents to which he filed detailed objections.

Commissioner of Income Central Ii Vs. Suresh N. Gupta

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 4, 4(1), 32, 32(2), 68, 69, 69A, 69B, 69C, 112, 113, 115A, 115AB, 115AC, 115ACA, 115AD, 115B, 115BB, 115BBA, 115E, 115JB, 132, 132A, 132B, 139, 139(1), 142, 142(1), 143, 143(1B), 143(2), 143(3), 144, 147, 148, 158B, 158BA, 158BA(1), 158BA(2), 158BB, 158BB(1), 158BC, 158BH, 161, 161(1A), 164, 164A, 167B, 245D and 245D(4); Finance Act, 2001 - Sections 2(1), 2(2) and 2(3); Finance Act, 2002 - Sections 113; Finance Act, 1995; Constitution of India - Articles 269, 270 and 271

Reported in : (2008)214CTR(SC)274; [2008]297ITR322(SC); JT2008(1)SC208; 2008(1)SCALE99; (2008)4SCC362; 2008AIRSCW1066

appeal.Points for determination:4. Two points arise for determination: Whether on the facts and circumstances of this case, the Finance Act, 2001 ('FA' for short) was applicable to 'block assessment' under Chapter XIV-B in respect of the search carried out … prescribed form and verified in the same manner as a return under Clause (i) of Sub-section (1) of Section 142, setting forth his total income including the undisclosed income for the block period:Provided that no notice under Section

Cargo Clearing Agency (Gujarat) Vs. Joint Commissioner of Income Tax

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 2(7A), 3, 4, 4(1), 32(2), 64, 65, 66, 68, 69, 69A, 69B, 69C, 113, 132, 132A, 132B, 132(5), 132(7), 139, 139(1), 139(5), 142, 142(1), 143, 143(1A), 143(1B), 143(2), 143(3), 144, 145, 147 to 153, 153(2), 158B, 158BA, 158BA(1), 158BA(2), 158BB, 158BB(1), 158BB(2), 158BC, 158BD, 158BE, 158BG, 158BH and 245D; Finance Act, 1995; Finance (No. 2) Act, 1996; Finance (No. 2) Act, 1998; Finance Act, 2001; Finance Act, 2002

Reported in : (2008)218CTR(Guj)541; [2008]307ITR1(Guj)

1st July, 1995 and will, accordingly, apply in relation to the assessment year 1996-97 and subsequent years.12.3. The Finance Act, 2001 carried out certain amendments in Chapter XIV-B of the Act. But the said amendments were made effective from … income have been filed under any Sub-section of Section 139 or in response to a Notice issued under Section 142(1) or under Section 148 but assessments have not been made till the date of search, the incomes disclosed

The Commissioner of Income Tax, Delhi-ii, New Delhi Vs. Motor General ...

Court : Delhi

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 10(2), 36(1), 115J, 119, 139(1), (4), 140A, 140A(1), 142(1), 143, 143(1), (3), 144, 147, 148, 154, 155, 156, 208, 210, 234A, 234B, 234C, 245D(1), (3), (4), 250, 254, 256(2), 260, 260A, 262, 263 and 264; DTL (Amendment) Act, 1987; DLT (Amendment) Act, 1989; Finance Act, 2000 - Sections 2; Taxation Laws (Amendment) Act, 2000; Taxation Laws (Amendment) Act, 2001; Evidence Act - Sections 114

Reported in : [2002]254ITR449(Delhi)

Matched in: Parties The Commissioner of Income Tax, Delhi-ii, New Delhi Vs. Motor General Finance Ltd.

South Indian Bank Ltd. Vs. the Commissioner of Income Tax

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act - Sections 28, 36(1), 139, 142(1), 143(1), 143(1A), 143(3) and 156; Finance Act, 2001

Reported in : [2009]316ITR306(Ker); 2008(3)KLT326; [2009]176TAXMAN277(Ker)

debatable issue and is ceased to be so only by virtue of Explanation introduced to Section 36(1)(vii) by Finance Act 2001 with effect from 1.4.1989. The contention of counsel for the appellant is that as on date of completion … return has been made under Section 139, or in respondent to a notice under Sub-section (1) of Section 142,:(i) if any tax or interest is found due on the basis of such return, after adjustment of any

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (2007)288ITR226(Hyd.)

be anomalous for the following reasons: a) Finance Act contains the proposals for the following financial year e.g. Finance Act, 2001 contains the proposals for the Finance year 2001-02. The rates of taxation are further provided in the First … case of CIT v. Elphinstone Spinning and Weaving Mills Ltd. 40 ITR 142, specifically at page 150, to appreciate that it is for the legislature … reference arises out of the appeal, against the assessment order passed by the DCIT, Central Circle-I, Hyderabad under Section 158BC of the Income-tax Act for the block period from 1.4.1989 to 18.11.1999, dated Nil, stated in the

West Bengal State Co-operative Bank Ltd. Vs. Joint Commissioner of Inc ...

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 44AB and 142(2A)

Reported in : (2004)190CTR(Cal)245,[2004]267ITR345(Cal)

the said Act which has been incorporated in the Act on and from April 1, 1985, by the Finance Act, 1984, whereas Section 142(2A), (2B) was incorporated much earlier than the aforesaid section with effect from April 1, … making a representation for refund of a total sum of Rs. 6,39,05,043 for the assessment years 1996 to 2001, the notices under Section 148 had been issued in order to stall the claim of the petitioner. Any