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Varkisons Engineers Vs. State of Kerala and anr.

Court : Supreme Court of India

Subject : Sales Tax/VAT

Acts : Kerala General Sales Tax Act, 1963 - Sections 5, 5(1), 7, 7(1), 7(7) and 43; Central Sales Tax Act, 1956; Finance Act, 2001; Kerala Finance Act, 2001; Income Tax Act; Finance Act, 1946 - Sections 10(2); Surcharge Act; Kerala General Sales Tax Rules - Rule 30; Sales Tax Laws

Reported in : 2009(6)LC2577(SC); (2009)25VST1(SC)

dated 9th April, 2001 and seeking enhanced rate per machine with effect from 23rd July, 2001 by the Finance Act, 2001 (Act 7 of 2001). It may be noted that by Finance Act, 2001, the rate per machine stood … present case, the entire exercise stood concluded on 9 th April, 2001. On 9th January, 2003, notice under Section 43 of the KGST Act came to be issued by the S.T.O., inter alia, seeking to rectify the permission/order

G.B. Engineers Vs. State of Jharkhand and ors.

Court : Jharkhand

Subject : Direct Taxation

Acts : Bihar Finance Act, 1981 - Sections 43; Constitution of India - Article 226

Reported in : 2003(2)BLJR1643; [2003(3)JCR450(Jhr)]

for the petitioner, the amounts refunded did not include the interest payable under Section 43 of the Bihar Finance Act, Counsel points out that in the earlier judgment also this Court had directed that interest as permissible by … Department, in terms of the order passed by this Court on 15.10.2001 in WP (T) No. 4039 of 2001 and also for a writ of mandamus, directing the respondents to grant statutory interest on the money so

L.G. Balakrishnan Vs. Cit

Court : Chennai

Subject : Direct Taxation

Reported in : (2002)176CTR(Mad)394

section 43(3) of the Income Tax Act, with effect from 1-4-1962, which amendment has been effected by the Finance Act, 1995, it must be held that the Tribunal was quite right in holding that the birds being 'livestock'

Ram Nath Jindal Vs. Cit

Court : Punjab and Haryana

Subject : Direct Taxation

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

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

Commissioner of Income-tax Vs. Daudayal Hotels Pvt. Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 5, 28 to 41, 43, 43(6) and 256(1); Income Tax Act, 1922 - Sections 10(2); Finance Act, 1983; Income Tax Act, 1866

Reported in : (2005)199CTR(Guj)556

on new hotel building is not deductible for arriving at WDV in view of the amendments effected by Finance Act, 1983? 2. The Assessment Year is 1985-86 and the relevant accounting period is calender year ended on 31st … impugned order of Tribunal by inviting attention to definition of SWritten Down Value, as appearing in Sub-section(6) of Section 43 of the Act. According to him, Clause (b) of Sub-section(6) states that Written Down Value means the actual

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 … 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 … the case of Nawal Kishore & Sons v. DCIT 87 ITD 407, 433, has held that Section 158BC read with Section 158BA are special provisions

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 … Whether the AO had erred in imposing surcharge at 17% on the tax amount of Rs. 97,456/- under Section 113 of the Income-tax Act, 1961 ('1961 Act') for the 'block period' comprising of previous years relevant to

Van Oord Dredging and Marine Vs. Adit, (international

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2008)297ITR115(Mum.)

language of the provision of Section 90 of the Act.Further the Explanation to Section 90 inserted by the Finance Act 2001 with retrospective effect from 1.4.1962 making it clear that charge of tax in respect of foreign company at … S.V. Meyyappa Chettiar v. CIT 11 ITR 247 (Mad.); CIT v. Figgies (A.W.) and Co 24 ITR 405(SC); 43 ITD 272(Ahd.); 91 ITD 354 (Del.); and 92 ITD 202 (Pune)(TM) 7. The Ld. DR submitted that for

Godrej and Boyce Mfg.Co.Ltd. Mumbai. Vs. Commissioner of Income Tax,

Court : Mumbai

Subject : Income Tax

Acts : Income Tax Act, 1961 - Section 14A(1)(2)(3); Income Tax Act, 1922 - Section 8; Finance Act of 2001 - Section 14A; Finance Act 1997 - Section 10(33)

of dividends referred to in Section 115O are not includible in the total income. Section 14A inserted by Finance Act 2001 directs disallowance of the expenditure incurred in relation to dividends referred to in Section 115O in certain cases.20. … on the ground that the liability to pay had been incurred in the relevant previous year. While inserting Section 43 B it was not realized that its language would cause hardship to those tax payers who had paid

itc Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2003)86ITD135(Kol.)

was issued by the CBDT to explain the substance of the provisions relating to direct taxes in the Finance Act, 1986. The learned authorised representative is also silent about the observation of the AO that this type of … relating to the asst. yr.1991-92 decided by the Hon'ble Kolkata Tribunal in ITA No. 157/Cal/97, dt. 30th April, 2001.6. We have heard both the parties and perused all the records. We are shockingly surprised to find that … the AO in rejecting the appellant's claim for being allowed deduction under Section 36(1)(iii) of IT Act, 1961, while computing the income chargeable under the … action of the AO in disallowing, by invoking the provisions of Section 43B of the Act, an aggregate amount of Rs. 6,65,438 being a part