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Test Claimants in the Franked Investment Income Group Litigation Vs. C ...

Court : UK Supreme Court

Subject : Land Acquisition

such cases: para 260. It was not open to the Revenue to rely on section 320 of the Finance Act 2004 ("Section 320 FA 2004") or section 107 of the Finance Act 2007 ("Section 107 FA 2007") to … in Metallgesellschaft (Joined Cases C-397/98 and C-410/98) [2001] Ch 620on 8 March 2001 there was no general appreciation that the UK corporation tax regime was … from six to three years, in addition eliminated the special advantage for claims in mistake previously introduced by section 24(5) of the Finance Act 1989, delaying the commencement of the limitation period for such claims until the claimants

Kiran Corpn. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2006)98ITD119(Ahd.)

under Section 36(1)(vii) would be treated as complied with.However, Explanation has been inserted below Section 36(1)(vii) by the Finance Act, 2001 with effect from 1-4-1989 which provides that any provision for bad and doubtful debt would not qualify as … the details of purchase returned as well as sales returned by the assessee placed at pages 20 to 24 of the paper book. With regard to rejection of books of account the learned Counsel pointed out that

Aditya Cement Staff Club and Birla White Staff Club Vs. Union of India ...

Court : Rajasthan

Subject : Direct TaxationConstitution

Acts : Finance Act, 2001 - Sections 2(24), 17(1) and 17(2); Income Tax Act, 1961 - Sections 17(2); Income Tax Rules, 1962 - Rule 3; Constitution of India - Articles 14, 300A, 301 and 304

Reported in : (2003)182CTR(Raj)554; [2004]266ITR70(Raj)

is with reference to the insertion of Clause (vi) in Section 17(2) w.e.f. 1st April, 2002, by the Finance Act, 2001, and amendment in Rule 3 of the IT Rules, 1962, vide Notification, dt. 25th Sept., 2001, which has … legislative policy and if the delegate is free to switch it may be usurpation of legislative power itself.' 24. The principle was reiterated in Agricultural Market Committee v. Shalimar Chemical Works Ltd. : AIR1997SC2502 . 25. From

Commissioner of Income Tax 5 Mumbai Vs. M/S. Essar Teleholdings Ltd. T ...

Court : Supreme Court of India

Subject : Land Acquisition

be understood before correctly appreciating the nature and purport of Rule 8D. Section 14A was first inserted by Finance Act, 2001 with retrospective effect w.e.f. 01.04.1962. Section 14A as originally inserted reads as under:­ “14A. Expenditure incurred in relation … @ SLP(C)No. 3447of 2018 (Diary No. 19735 of 2017), C.A.No.1462 of 2018 @ SLP(C)No.3450 of 2018 (Diary No. 24346 of 2017), C.A.No.1461 of 2018 @ SLP(C)No. 3448 of 2018,(Diary No. 36596 of 2017). J U D G

The Commissioner of Income Tax Vs. the Deputy Director of Small Saving ...

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act - Sections 2(24), 194B, 201 and 201(1A); Finance Act, 1972; Finance Act, 2001; Betting, Gaming and Lotteries Act, 1963 - Sections 41

Reported in : (2004)187CTR(Mad)562; [2004]266ITR27(Mad)

rates in force. 7. Prior to 1.4.2002, the Act did not contain a definition of 'lottery'. In the Finance Act, 2001, an Explanation was added below Section 2(24)(ix), which Explanation reads thus:'Explanation:-- For the purposes of this sub-clause, --

Commissioner of Income Tax Vs. Manjara Shetkari Sahakari Sakhar Karkha ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(19), 37(1), 40A(2), 80P and 260A; Maharashtra Co-operative Societies Act, 1960 - Sections 2(4), 65, 78 and 79A; Essential Commodities Act, 1955 - Sections 3(3); Co-operative Societies Act, 1912; Finance Act, 2001 - Sections 2(18), 2(24), 27(111). 36(1), 40, 45(3), 80L(1), 80P, 139(1), 193, 194A(3), 269T and 269

Reported in : (2008)214CTR(Bom)662; [2008]301ITR191(Bom)

27(111). 36(1)(ia), 40(ba), 45(3), 80L(1)(ii), (vi), (via), (viii), (ix), 80P, Expln. 1 (b)(1) to Section 139 (1)(prior to Finance Act, 2001), 193 (iib), 194A(3)(i), (v), 269T and 269 (VA). In these circumstances, it was held that under the IT

State of Kerala and ors. Vs. Maharashtra Distilleries Ltd. and ors.

Court : Supreme Court of India

Subject : Excise

Acts : Kerala Abkari Act - Sections 6, 7, 11, 12, 14, 17, 18, 18A, 21 and 29; Kerala Abkari Rules; Kerala Sales Tax Act; Kerala General Sales Tax Act, 1963 - Sections 2, 5, 5(1), 5(2C) and 35; Kerala Finance Act, 2001 - Sections 3A; Kerala Distillery and Warehouse Rules, 1968 - Rules 16(1), 47, 50 and 52; Foreign Liquor Storage in Bond Rules, 1961 - Rules 3, 3(1), 11 and 11(1); Foreign Liquor Rules, 1953 - Rules 3, 13(9) and 14; Cochin Abkari Act - Sections 10, 14, 24, 29 and 29(2); Kerala Abkari Shops (Disposal in Auction) Rules, 1974 - Rule 3(1A); Central Sales Tax Act, 1956; Finance Act, 2001; Constitution of India - Articles 301, 304, 304(1) and 311; Sea Customs Act, 1878 - Sections 20; Central Excise Act, 1944 - Sections 3

Reported in : AIR2005SC2594; JT2005(5)SC427; (2005)11SCC1; [2005]141STC358(SC)

validity of Section 5(2C) of the Kerala General Sales Tax Act read with Section 3A of the Kerala Finance Act 2001 as being unconstitutional, both in its retrospective and prospective operation. They also challenged the consequent actions initiated against … FL9 licensees in the State...... ..... .....17. Foreign Liquor Rules, 1953 have also been framed under Sections 10, 24 and 29 of the Cochin Abkari Act. Rule 13 Sub-rule 9 which deals with issue of licenses in

Abu-dhabi Commercial Bank Ltd. Vs. Jt. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

an Indian company. In this connection, we find that anExplanation has been inserted in Section 90 by the Finance Act, 2001 with retrospective effect from 1-4-1962. The explanation reads as under: Explanation. For the removal of doubts, it is … the learned Counsel of the assessee rendered in the case of Deutsche Bank AG as per order dated 24-7-2003 in Income Tax reference No. 139 of 1997. The assessing officer was also directed to consider the Judgment

Commissioner of Income Tax Vs. Emilio Ruiz Berdejo and ors.

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(10), 2(24), 4, 4(2), 5(2), 9, 9(1), 14, 17, 90, 90A, 91, 115JAA, 139(1), 139(4), 140A, 140A(1), 142(1), 143, 143(1), 143(3), 144, 147, 148, 153A, 154, 155, 156, 190(1), 191, 192, 192(1), 192(1A), 200(3), 201, 201(1), 201(1A), 207, 208 to 219, 221, 234A, 234B, 234C, 245D(4), 250, 254, 260, 260A, 262, 263, 264 and 271C; Finance Act, 2000 - Sections 2; Taxation Laws (Amendment) Act, 2000; Taxation Laws (Amendment) Act, 2001

Reported in : (2010)228CTR(Bom)145

where such shortfall is on account of increase in the rate of surcharge under Section 2 of the Finance Act, 2000 (10 of 2000), as amended by the Taxation Laws (Amendment) Act, 2000 (1 of 2001), and the … or Section 263 or Section 264 or an order of the Settlement Commission under Sub-section (4) of Section 245D, the amount of tax on which interest was payable under Sub-section (1) or Sub-section (3) of this section

B.K. Suresh Vs. Income Tax Officer

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24), 10(3), 143(1), 194B and 260A; Finance Act, 1972; Finance Act, 2001

Reported in : (2009)221CTR(Kar)80

rates in force.Prior to 1st April, 2002, the Act did not contain a definition of 'lottery'. In the Finance Act, 2001, an Explanation was added below Section 2(24)(ix), which Explanation reads thus:Explanation: For the purposes of this sub-clause,(i) 'lottery'