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Commissioner of Income Tax Vs. Manoharsinhji P. Jadeja

Court : Gujarat

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 … something even to the ancestors of the assessee. The assessee was also called upon to exercise option under Section 55(2) of the Act and state the fair market value as on 01-01-1964 which could be adopted as 'cost

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

Court : Income Tax Appellate Tribunal ITAT Chennai

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 … the order of the CIT(A)-III, Chennai, dt. 4th Oct., 2002. The assessment was framed by the AO under Section 143(3) r/w Section 147 of the IT Act, 1961 for the asst. yr. 1997-98.2. At the outset, the … of technical know-how partakes the character of goodwill as mentioned in Section 55(2)(a) or the nature of royalty mentioned in Section 9(1)(vi). The AO found

India Media Services Pvt. Ltd. Vs. Newsprint Trading and Sales Corpora ...

Court : Kolkata

Subject : CivilProperty

Acts : Income Tax Act - Section 230A; ;Finance Act, 2001; ;Transfer of Property Act - Section 55; ;Code of Civil Procedure (CPC) - Order 3, Rule 2 - Order 12, Rule 6 - Order 23, Rule 3; ;Constitution of India - Article 261(3); ;Code of Civil Procedure (CPC) (Amendment) Act, 1976

Reported in : (2007)3CALLT606(HC)

to be discharged, as provision of Section 230A of the Income Tax Act has been omitted by the Finance Act, 2001 with effect from 1st June, 2001. Similarly provisions of Chapter XX (269 UC of Income Tax Act) shall … Court should be pleased to direct the defendant No. 3 to deliver possession in terms of the agreement. Section 55 of the Transfer of Property Act envisages delivery of possession and the Court executing a decree for execution

Addl. Cit Vs. Kwality Frozen Foods Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Service Tax

Reported in : (2005)1SOT243(Mum.)

sale of trademark as such was brought into the provisions of section 55(2) through the amendment by the Finance Act, 2001. The said amendment brought in by the Finance Act, 2001 is effective only from assessment year 2002-03. The

Shervani Industrial Syndicate Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Allahabad

Subject : Direct Taxation

Reported in : (2006)99TTJ(All.)123

the basis of such an advice being the express provision which got inserted in Section 55(2)(a) by the Finance Act, 2001. 6. It is further submitted that the said amendment was brought in terms of Clause (32) of the

Mafatlal Holdings Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2004)85TTJ(Mum.)821

referred to p. 13 of the CIT(A)'s order and contended that Section 14A has been inserted by the Finance Act, 2001, retrospectively w.e.f. 1st April, 1962 and under that section any expenditure not only interest on earning of exempt … Representative argued that cost of acquisition of the shares has to be determined as per the provision of Section 55 of the Act. He referred to the provision of Section 48 of the Act and contended that the

Vysali Chemotherapeutics (P) Ltd. Vs. Commissioner of Income Tax

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 45(1), 48 and 55(2)

Reported in : (2004)186CTR(Ker)306; [2004]269ITR362(Ker)

a brand name. Counsel also relied on the amendment made to Sub-section (2) of Section 55 by the Finance Act, 2001, w.e.f. 1st April, 2002, and submitted that this amendment also is indicative of the fact that goodwill did

Commissioner of Income-tax, Bangalore Vs. Associated Electronics and E ...

Court : Karnataka

Subject : Intellectual Property

relating to the transfer of goodwill of a business. 15. Section 55(2) of the Act is amended by Finance Act, 2001 inserting the words 'or a trademark or brand name associated with a business'. Thus, it is clear that

Commissioner of Income-tax, Bangalore Vs. Associated Electronics and E ...

Court : Karnataka

Subject : Intellectual Property

relating to the transfer of goodwill of a business. 15. Section 55(2) of the Act is amended by Finance Act, 2001 inserting the words 'or a trademark or brand name associated with a business'. Thus, it is clear that

The Commissioner of Income Tax Vs. M/S Associated Electronic and Elctr ...

Court : Karnataka

Subject : Land Acquisition

is relating to the transfer of goodwill of a business.15. Section 55[2]. of the Act is amended by Finance Act, 2001 inserting the words ‘or a trademark or brand name associated with a business’. Thus, it is clear that