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Dec 09 2004

Commissioner of Income Tax Vs. Manoharsinhji P. Jadeja

Court : Gujarat

Decided on : Dec-09-2004

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(14), 2(47), 2(22A), 2(42A), 45, 48, 49, 49(1), 50, 55, 55(2), 55(3) and 256(2); Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act - Sections 40(4); Finance Act, 1987; Finance Act, 1997; Finance Act, 2001

Reported in : (2005)199CTR(Guj)223; (2005)3GLR2218; [2006]281ITR19(Guj)

Finance Act 1997 with effect from 1st April 1998; trademark or brand name associated with business by the Finance Act 2001 with effect from 1st April 2002; and right to carry on any business by the Finance Act 2002 … acquisition of the asset was Nil i.e. not ascertainable. According to the Tribunal, even after invoking provisions of Section 49(1)(iii)(a) read with Explanation thereto the cost of acquisition of the asset in hands of the 'previous owner' was

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Apr 26 2006

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Decided on : Apr-26-2006

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 National Conference of Chief Commissioners, which may be seen at pages 49-50 of the Journal Section of ITR Vol. 252. The discussion relating to

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Jul 06 2011

Scottish Widows plc (Appellant) Vs. Commissioners for Her Majesty's Re ...

Court : UK Supreme Court

Decided on : Jul-06-2011

Subject : MRTP

Plc ("the Company") and Her Majesty's Revenue and Customs ("HMRC") under para 31 of Schedule 18 to the Finance Act 1998: [2010] CSIH 47, 2010 SLT 885, 2010 STC 2133. The question that was referred to the Special … loss of Scottish Widows plc for the accounting periods ending in 2000, 2001 and 2002, amounts described by the company as 'transfers from Capital Reserve' … The process of demutualisation was achieved by a scheme of transfer approved by the Court of Session under section 49 of and Schedule 2C to the Insurance Companies Act 1982 ("ICA 1982"). Some of the provisions of the

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Jul 23 2018

The Commissioner of Income Tax Vs. M/S Prakash Electric Company

Court : Karnataka

Decided on : Jul-23-2018

Subject : Direct Taxation

words “where a firm is succeeded” and ending with the words “intangible asset to the company” by the Finance Act, 2001, w.e.f.1-4-2002. Prior to its substitution, the quoted portion read as under: “Where a firm is succeeded by a … section 47A will be applicable. In the instant case, If one then 49. is required ITA No.884/2007 c/w ITA No.60/2015 Date of Order:23. 07-2018. The … following two substantial questions of law: (1) Whether the firm is to be taxed when the provisions of Section 47(xiii)(b) are not satisfied?. (2) When any of the conditions mentioned in proviso to clause 47(xiii)(b) are not

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Jun 30 2006

Deputy Commissioner of Income Tax Vs. Indian Syntans Investments (P)

Court : Income Tax Appellate Tribunal ITAT Chennai

Decided on : Jun-30-2006

Subject : Direct Taxation

Reported in : (2007)103ITD457(Chennai)

and the particular provision regarding "or a trade mark or brand name associated with a business" by the Finance Act, 2001, w.e.f. 1st April, 2002, "or a right to manufacture, produce or process any article or thing" was brought … in any other case not being a case falling under Sub-clauses (i) to (iv) of Sub-section (1) of Section 49, shall be taken to be nil; 39. It is seen that this provision was brought on statute book

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Sep 26 2014

Bangalore Turf Club Limited Vs. Union of India

Court : Karnataka

Decided on : Sep-26-2014

Subject : Education

is made clear by Section 74A(3). 7.4. He would contend that the change that was brought about by Finance Act, 2001 was to introduce 32 tax deduction at source on winnings from ‘card game and other game of any … extended beyond the scope of Section 194BB to conclude that similar receipts are not a subject matter of 49 tax deduction at source under Section 194B of the Act. (b) The use of the phrase ‘other game

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Jul 12 2006

Smt. Asha Patwa Vs. State of M.P. and ors.

Court : Madhya Pradesh

Decided on : Jul-12-2006

Subject : CivilConstitution

Reported in : 2006(4)MPLJ162

and it is further contended that as per the rules framed by the Bar Council of India, under Section 49 of the Advocates Act and as per the rules every college is duty bound to engage full time … respondents for running the law college. The Government vide circular dt. 28-3-2001, the Government has prepared a self financing scheme for settling ratio of teachers and students and on the basis of the aforesaid scheme the College

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Sep 26 2014

Bangalore Turf Club Ltd. Vs. Union of India

Court : Karnataka

Decided on : Sep-26-2014

Subject : Direct Taxation

is made clear by Section 74A(3). 7.4 He would contend that the change that was brought about by Finance Act, 2001 was to introduce tax deduction at source on winnings from 'card game and other game of any sort'. … Corpn. Ltd. [2003] 2 SCC 107 (4) State of H.P.., v. Gujarat Ambuja Cement Ltd. [2005] 6 SCC 499 17. Sri.K.P.Kumar, learned senior counsel appearing for respondents 4 to 12 in W.P.6565- 6568/2013 would also support Sri.S.S.Naganand,

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Feb 19 2011

Amar Kumar Prasad Sinha, and anr. Vs. State of Bihar.

Court : Patna

Decided on : Feb-19-2011

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Section 482; Indian Penal Code (IPC) - Sections 420, 467, 468, 34; Bihar Finance Act, 1981 - Sections 49(2), 49(3), 49(5)

Sections 420, 467, 468/34 of the Indian Penal Code and under Sections 49(2) & 49(3) of the Bihar Finance Act, 1981.2. Short fact of the case is that, a written application of Assistant Commissioner, Commercial Taxes, Hajipur Circle, … provisions contained in Sections 49(2)(g) & 49(3)(d) of the Bihar Finance Act which is a cognizable offence under Section 49(C) of the Act. On the basis of the said written application, a F.I.R. vide Sarai P.S. Case No.

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Aug 17 2007

National Dairy Development Board Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Aug-17-2007

Subject : Direct Taxation

Reported in : (2008)114TTJ(Ahd.)145

and function of carrying on developmental activities in the areas as specified in the said Acts. By the Finance Act, 2001 and Finance Act, 2002, tax exemption of certain bodies set up through an Act of Parliament was withdrawn. … 10A(6) providing for the deemed allowance of depreciation for the assessment years ending before 1st day of April, 2001. Section 10B(6) also provides for similar deemed allowance of depreciation for any of the relevant assessment years ending before … on a lease period of 99 years at a cost of Rs. 49,91,823. The assessee submitted that the acquisition of land did not result in

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