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Feb 14 2003

Commissioner of Income-tax Vs. Kerala Electric Lamp Works Ltd. and Cro ...

Court : Kerala

Decided on : Feb-14-2003

Subject : Direct Taxation

Acts : Finance Act, 2001; Income Tax Act, 1961 - Sections 32 and 32(1)

Reported in : (2003)183CTR(Ker)182; [2003]261ITR721(Ker)

necessary to refer to the Explanation added by the Finance Act, 2001. As per Section 21 of the Finance Act, 2001, Section 32 was amended as follows :'21. Amendment of Section 32. --In Section 32 of the Income-tax Act, with effect

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Dec 19 2008

Plastiblends India Ltd., a Company Incorporated Under the Companies Ac ...

Court : Mumbai

Decided on : Dec-19-2008

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 29 to 43A, 72, 80A, 80AA, 80AB, 80B(5), 80E, 80HH, 80HH(6), 80HH(7), 80I, 80IA, 80IA(5), 80IA(8), 80IA(10), 80IB, 80IB(13), 143(1), 143(3), 147 and 260A; Companies Act, 1956; Taxation Laws (Amendment and Miscellaneous Provisions) Act, 1986 - Sections 34(1); Finance (No. 2) Act, 1980; Finance Act, 2001 - Sections 5

Reported in : (2009)223CTR(Bom)291; [2009]178TAXMAN397(Bom)

the Act which continued till the assessment year 2002-2003, when explanation to Section 5 was inserted by the Finance Act 2001 with effect from 1.4.2002 and, therefore, the Tribunal erred in holding that omission of Section 34(1) by Taxation … under the head Profits and gains of business or profession the Appellant did not claim any depreciation under Section 32 of the Act in respect of the assets of the said undertakings. Consequent thereto, the income which qualified

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Sep 01 2008

Dabur India Limited Vs. Commissioner of Income Tax

Court : Delhi

Decided on : Sep-01-2008

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(45), 5, 6, 9, 14, 28, 29, 30 to 43D, 59, 71, 72(1), 72(2), 73(3), 80A, 80A(1), 80AB, 80B, 80B(5), 80C to 80U, 80IB, 80HHC, 143(1), 143(2) and 260A; Taxation Laws (Amendment and Miscellaneous Provisions) Act; Finance Act, 2001; Finance Act, 1988

Reported in : 219(2008)DLT152

decide in Vahid Papers Converters (supra) was, whether Explanation 5 to Section 32 of the Act inserted by Finance Act, 2001 was clarificatory in nature and hence, would apply to earlier years as well. The ITAT considered it unnecessary

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Jul 19 2001

Ram Nath Jindal Vs. Cit

Court : Punjab and Haryana

Decided on : Jul-19-2001

Subject : Direct Taxation

Reported in : (2001)170CTR(P& H)251

Matched in: Citation (2001)170CTR(P& H)251

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Oct 16 2009

Plastiblends India Limited a Company Incorporated Under the Companies ...

Court : Mumbai

Decided on : Oct-16-2009

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(45), 5, 14, 28, 29, 30 to 43D, 66 to 80, 80A to 80B, 80B(5), 80C to 80U, 143(1) and 260A; Companies Act, 1956; Finance Act, 2001 - Sections 32(1); ;Finance Act, 2003 - Sections 36(1); Customs Act, 1962 - Sections 75

Reported in : 2009(111)BomLR4592; (2009)227CTR(Bom)1; [2009]318ITR352(Bom); 2010(1)MhLj526; [2009]185TAXMAN187(Bom)

assessee when not claimed by the assessee.27. Mr. Dastur referred to Explanation 5 to Section 32(1) inserted by Finance Act 2001 with effect from 1-4-2002, which reads thus:Explanation 5. - For the removal of doubts, it is hereby declared

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Feb 08 2008

Jt. Commissioner of Income Tax, Valsad, Gujarat Vs. United Phosphorous ...

Court : Supreme Court of India

Decided on : Feb-08-2008

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32(1), 34(1), 36(1) and 260A; Finance Act, 2001

Reported in : (2008)215CTR(SC)13; [2008]299ITR9(SC); JT2008(2)SC399; 2008(2)SCALE387; (2008)2SCC478; 2008AIRSCW1289

take into account the scope of Explanation 5 to Section 32(1) of the 1961 Act, made by the Finance Act, 2001.5. Accordingly question No. (1) is answered in favour of assessee and against the Department and question No.

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Feb 14 2003

Cit Vs. Kerala Electric Lamp Works Ltd.

Court : Kerala

Decided on : Feb-14-2003

Subject : Direct Taxation

Reported in : [2003]129TAXMAN549(Ker)

necessary to refer to the Explanation added by the Finance Act, 2001. As per section 21 of the Finance Act, 2001 section 32 was amended as follows :'21. Amendment of section 32-In section 32 of the Income Tax Act, with effect

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Jul 19 2001

Ram Nath Jindal and anr. Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Jul-19-2001

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 16, 32, 32(1), 34, 37, 41(2) and 143(1); Finance Act, 2001

Reported in : [2001]252ITR590(P& H)

Matched in: Citation [2001]252ITR590(P& H)

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Nov 01 2006

Tonira Pharma Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Nov-01-2006

Subject : Service Tax

of introduction of Sub-section (2A) in Section 9A of the Customs Tariff Act. JA.1 Section 118 of the Finance Act, 2001 introduced Sub-section (2A) to Section 9A in Customs Tariff Act, 1975 which is reproduced below: (2A) Notwithstanding anything … which has been repealed during the period it was operative prior to the date of such repeal. Paragraphs 32 to 37 of Apollo Hospital, are extracted below: 32. It is contention of the learned Counsel for the

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Mar 31 2006

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

Court : Karnataka

Decided on : Mar-31-2006

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

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