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Dabur India Limited Vs. Commissioner of Income Tax

Court : Delhi

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 … respect of an assessee. Chapter IV of the Act contains provisions beginning with Section 14 and ending with Section 59. The provisions of Chapter IV essentially pertain to computation of total income of an assessee under various heads

M/s Pulp N'Pack Private Ltd., Tadimalla Nidadavote Mandal rep. by Its ...

Court : Andhra Pradesh

Subject : Sales Tax/VAT

Acts : Andhra Pradesh General Sales Tax Act, 1957 - Sections 14, 14(4C), 19, 19(1), 20(1), 20(2), 21, 21(1), 21(2), 22, 23, 33, 33A to 33F, 33F(1) and 33F(2); Sales Tax Act, 1956 - Sections 9(2); Andhra Pradesh General Sales Tax (Amendment) Act, 1963; Andhra Pradesh General Sales Tax (Amendment) Act, 2002; Andhra Pradesh Value Added Tax Act, 2001; Education Act; Income Tax Act, 1961 - Sections 143(1) and 241; Orissa Sales Tax Act - Sections 14D; Finance Act, 2001; Constitution of India - Articles 136, 198 to 207, 227, 265, 266, 266(1), 266(2), 267 and 284; Andhra Pradesh Value Added Tax Rules, 2005 - Rule 59(6)

Reported in : (2009)23VST573(AP)

33C are in pari materia borrowed from Section 241 of the Income Tax Act 1961 (omitted by the Finance Act 2001, w.e.f. 1.1.2001). Another legislative intendment of the prescription (that the order must be preceded by the approval of … of independent appeals. The appeals filed under the Act of 1957 were numbered as T.A. Nos. 57, 58, 59 and 60 of 2007 while the appeals under the Act of 1956 as T.A. Nos. 61, 62, 63

Director of Income Tax (international) Taxation Vs. Oman International ...

Court : Mumbai

Subject : Direct Taxation

Acts : Direct Tax Laws (Amendment) Act, 1987 - Sections 28, 36, 36(1) and 36(2); Finance Act, 2001

Reported in : 2009(5)BomCR416; (2009)223CTR(Bom)382; [2009]313ITR128(Bom); [2009]184TAXMAN314(Bom)

thereof exceeds the credit balance in the provision for bad and doubtful debts account made under that clause.The Finance Act, 2001 inserted the following Explanation after the proviso to Section 36(1(vii):Explanation - For the purposes of this clause, any

Jindal Vijayanagar Steels Ltd., Now Known as Jsw Steel Ltd. Rep. by It ...

Court : Karnataka

Subject : Commercial

Acts : Mines and Minerals (Development and Regulation) Act, 1957 - Sections 2, 4, 5, 5(1), 10, 10(3), 11, 11(1), 11(2), 11(3), 11(4), 11(5), 13, 17A, 17(4), 18 and 30; Mines and Minerals (Development and Regulation) (Amendment) Act, 1999; Companies Act, 1956 - Sections 3(1); Forest (Conservation) Act, 1980 - Sections 2; Water (Prevention and Control of Pollution) Act, 1974; Environment (Protection) Act, 1986; Air (Prevention and Control of Pollution) Act, 1981; Constitution of India (Forty-second Amendment) Act, 1976 - Sections 4; Sick Textile Undertakings (Nationalisation) Act, 1974 - Sections 39; Constitution of India - Articles 13, 14, 19, 21, 31, 31B, 31C, 39, 47, 48A, 51A, 226 and 227; Constitution of India (Thirty-ninth Amendment) Act, 1975 - Article 31B; Constitution of India (Twent

Reported in : 2009(4)KCCR2566(D.B)

herein (respondents 4 and 5 in the writ petition) possess:(a) special knowledge of experience in mining operation;(b) the finance resource;(c) qualified technical staff employed; and(d) investment to make in the mines and the industry based on the … iron and steel plant. Hence, it made an application on 24th May, 2001 to the Director of Mines and Geology for grant of mining lease … be considered for grant of mining lease under Section 11(2) of the Mines and Minerals (Development & Regulation) Act, 1957, (for short 'MMDR Act') as, such application is premature and shall not be entertained as per Rule … substantial development of the State and quash the notification made under Rule 59(1) of the Mineral Concession Rules, 1960 (for short 'MC Rules') notifying the

Maharashtra State Electricity Board Vs. Maharashtra Electricity Regula ...

Court : Mumbai

Subject : Electricity

Acts : Electricity Regulatory Commission Act, 1998 - Sections 17(5), 27 and 29; Electricity (Supply) Act, 1948 - Sections 45, 49 and 59

Reported in : AIR2004Bom294; 2004(3)BomCR485

the tariff for electrical power for the year 2000-2001. On 15th March, 2001, the Board submitted a proposal seeking revision of retail distribution tariff with … the powers under Section 15 of the ERC Act.iv) The Commission did not properly consider the provisions of Section 59 of the Electric Supply Act and the notification issued by the Government of Maharashtra in pursuance thereof providing … and the tariffs should have been so approved that there would be no recovered revenue gap in the finances of the Board. In our opinion, there can be no doubt that the affairs of Electricity Board are

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 … Court in the case of Kesoram Industries & Cotton Limited v. CWT 59 ITR 767, and in the case of State of Kerala v. Alex … 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

M/S Wipro Limited Vs. The Deputy Commissioner of Income Tax

Court : Karnataka

Subject : Direct Taxation

not form part of total income”. It may be noted that when section 10A was recast by the Finance Act, 2001, Parliament was aware of the character of relief given in Chapter III. Chapter III deals with - 66 … the legal position regarding the effect of Section 90 vis-à-vis Sections 4 and 5 held as under:- - 59 - “A survey of the aforesaid cases makes it clear that the judicial consensus in India has been

Commissioner of Sales Tax Vs. Pec Vee Textile Ltd.

Court : Mumbai

Subject : Sales Tax

Acts : Bombay Sales Tax Act, 1959 - Sections 41BB and 61; Central Sales Tax Act, 1956; Finance Act, 2001; Bombay Sales Tax Rules, 1959 - Rule 31B

Reported in : (2009)26VST281(Bom)

view to impose ceiling on the utilization of incentives by an eligible unit under different schemes, by the Finance Act, 2001 Section 41BB has been inserted into the BST Act, thereby empowering the State Government to prescribe different ratios for … of eight years from January 1, 2000 to December 31, 2008 subject to the monetary ceiling of Rs. 596.70 lakhs.9. Based on the aforesaid eligibility certificate dated July 29, 1999 issued by SICOM, the Deputy Commissioner of

S.i.J. Chains (P.) Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Amritsar

Subject : Direct Taxation

Reported in : (2006)100ITD379(Asr.)

out of brought forward business loss or unabsorbed depreciation, one is nil, nothing is deductible (substituted by the Finance Act, 2002 with effect from 1-4-1997). The Assessing Officer accordingly issued notice under Section 154 of the Income-tax Act … by the assessee is directed against the order of the CIT(A), Jalandhar dated 30-9-2005 for the assessment year 2001-02 on the fallowing grounds: 1. That the ld. CIT(A) has erred in sustaining the order of ld. Assessing

The Commissioner of Sales Tax Vs. Pec Vee Textile Ltd.

Court : Mumbai

Subject : Sales Tax/VAT

Acts : Bombay Sales Tax Act, 1959 - Sections 41BB and 61; Central Sales Tax Act, 1956; Finance Act, 2001; Bombay Sales Tax Rules, 1959 - Rule 31B

Reported in : (2008)110BOMLR3547

a view to impose ceiling on the utilization of incentives by an eligible unit under different schemes, by Finance Act, 2001 Section 41BB has been inserted into the BST Act, thereby empowering the State Government to prescribe different ratios for … 29/7/1999 for a period of 8 years from 1/1/2000 to 31/12/2008 subject to the monetary ceiling of Rs. 596.70 lakhs. 9. Based on the aforesaid eligibility certificate dated 29/7/1999 issued by SICOM, the Deputy Commissioner of the