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Cargo Clearing Agency (Gujarat) Vs. Joint Commissioner of Income Tax

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 2(7A), 3, 4, 4(1), 32(2), 64, 65, 66, 68, 69, 69A, 69B, 69C, 113, 132, 132A, 132B, 132(5), 132(7), 139, 139(1), 139(5), 142, 142(1), 143, 143(1A), 143(1B), 143(2), 143(3), 144, 145, 147 to 153, 153(2), 158B, 158BA, 158BA(1), 158BA(2), 158BB, 158BB(1), 158BB(2), 158BC, 158BD, 158BE, 158BG, 158BH and 245D; Finance Act, 1995; Finance (No. 2) Act, 1996; Finance (No. 2) Act, 1998; Finance Act, 2001; Finance Act, 2002

Reported in : (2008)218CTR(Guj)541; [2008]307ITR1(Guj)

1st July, 1995 and will, accordingly, apply in relation to the assessment year 1996-97 and subsequent years.12.3. The Finance Act, 2001 carried out certain amendments in Chapter XIV-B of the Act. But the said amendments were made effective from … under Section 132A made on or after 1st day of July, 1995.[Sections 64, 65 and 66]13. Thus, Chapter XIV-B, as the heading suggests, lays down … Association of Persons (AOP) declaring income of Rs. 5,05,087/- came to be filed.3. On 24.11.1995 search proceedings Under Section 132 of the Income Tax Act, 1961 (the Act) were carried out at the residential premises of three

Shah Diagnostic Institute Private Limited, a Company Incorporated Unde ...

Court : Mumbai

Subject : Customs

Acts : General Clauses Act - Sections 6; Customs Act, 1962 - Sections 25, 25(1) and 159A; Customs Tariff Act; Finance Act, 2001; Constitution of India - Articles 14 and 19(1)

Reported in : 2006(3)BomCR54; 2008(222)ELT12(Bom); 2006(3)MhLj395

of the learned counsel over-looks and ignores Section 159A of the Customs Act which was introduced by the Finance Act, 2001. Section 159A reads thus:159A. Effect of amendments, etc., of rules, regulations, notifications or orders. Where any rule, regulation, notification … Director General of Health Services, New Delhi regarding satisfaction of the conditions of the Notification Nos. 279/83 and 64/88, the petitioners imported one MRI machine in part shipments and cleared the same for home consumption after filing

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

NitIn P. Shah Alias Modi Vs. Dy. C.i.T.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 64(1), 66, 67, 69, 119, 131, 132, 139(1), 142(1), 143(2), 143(3), 144, 147, 148, 158B, 158BA, 158BC, 158BD, 251, 271(1) and 276CCC; Finance Act, 1997 - Sections 68(1) and 68(2); Constitution of India - Article 14

Reported in : (2005)194CTR(Guj)306; [2005]276ITR411(Guj)

fresh assessment the Assessing Officer came to the conclusion that as per provisions of Section 68(1) of the Finance Act,1997 the assessee was not entitled to immunity under VDIS in relation to the sum of Rs. 137 … under consideration complied with the requirement of VDIS. The Assessing Officer further recorded that even provisions of Section 64(1)(a) of the Scheme were not satisfied. Reliance by the assessee on various CBDT circulars for the purpose of

Wallfort Shares and Stock Brokers Vs. Income-tax Officer [Alongwith

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

by the Finance (No. 2) Act, 1991 with retrospective effect from 1.4.1972; insertion of Section 14-A by the Finance Act, 2001 with retrospective effect from 1.4.1962; Explanation to Section 36(1)(viii) by Finance Act, 1992 with retrospective effect from 1.4.1987 … reference to: * Manikchand Tanga 190 ITR 336, 341 (Kar.): It was pointed out that Explanation 2A to Section 64 was not clarificatory because if it were so, Parliament would not have postponed its operation only from 1st

Maruti Suzuki Ltd. Vs. Commissioner of Central Excise, Delhi-iii

Court : Supreme Court of India

Subject : Excise

Acts : Central Excise Tariff Act, 1985; CENVAT Credit Rules, 2002 - Rules 2, 3(1), 6, 6(1) and 14; Additional Duties of Excise (Textile and Textile Articles) Act, 1978 - Sections 3, 3(2), 4 and 4(2); Additional Duties of Excise (Goods of Special Importance) Act, 1957 - Sections 3; Finance Act, 2001 - Sections 65, 66 and 136; Provisional Collection of Taxes Act, 1931; Finance Act, 2003 - Sections 157; Customs Tariff Act - Sections 3; Provisional Collection of Taxes Act, 1931; Finance (No. 2) Act, 2004 - Sections 91, 93, 95; Central Excise Rules, 2000 - Rules 3(1), 7, 9 and 16(2); CENVAT Credit Rules, 2004

Reported in : 2009(168)LC87(SC); 2009(240)ELT641(SC); JT2009(11)SC8; 2009(11)SCALE446; (2009)9SCC193; [2009]18STJ323(SC); [2009]22STT54; 2009(7)LC3257(SC)

Importance) Act, 1957 ( 58 of 1957);v. the National Calamity Contingent duty leviable under Section 136 of the Finance Act, 2001 (14 of 2001), as amended by Clause 161 of the Finance Bill, 2003, which clause has, by virtue … March, 1995;(3) No. 63/95-Central Excise, dated the 16th March, 1995, G.S.R.255 (E), dated the 16th March, 1995;(4) No. 64/95-Central Excise, dated the 16th March, 1995, G.S.R.256(E), dated the 16th March, 1995;the manufacturer shall pay an amount equivalent

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 … business or profession” begins thereafter. This proposition is in line with the form of return. Allowing deduction - 64 - at the earliest stage of business income computation almost blurs the difference between the commercial profits and

Wallfort Shares and Stock Brokers Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2005)96ITD1(Mum.)

by the Finance (No. 2) Act, 1991 with retrospective effect from 1-4-1972; insertion of section 14-A by the Finance Act, 2001 with retrospective effect from 1-4-1962; Explanation to section 36(1)(viii) by Finance Act, 1992 with retrospective effect from 1-4-1987 … reference to: * Manikchand Tanga 190 ITR 336, 341 (Kar.): It was pointed out that Explanation 2A to section 64 was not clarificatory because if it were so, Parliament would not have postponed its operation only from 1-4-1980.

Commissioner of Income Tax, Bangalore Vs. Infosys Technologies Ltd.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 17(1), 17(2) and 192; Finance Act, 1999; Securities Contracts (Regulation) Act, 1956 - Sections 2; Fourth Schedule Rules - Rules 6, 11(2) and 11(4)

Reported in : 2008BusLR235(SC); (2008)214CTR(SC)293; [2008]297ITR167(SC); JT2008(1)SC225; 2008(1)SCALE92; (2008)2SCC272

do not find merit in the contention advanced on behalf of the Department that Section 17(2)(iiia) inserted by Finance Act, 1999 w.e.f. 1.4.2000 was clarificatory and, therefore, retrospective in nature.11. We quote hereinbelow Section 17(2)(iiia), which reads as

Foster Wheeler Energy Ltd. Vs. Cce and C

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Ahmedabad

Subject : Service Tax

Reported in : (2007)10STJ227CESTATAhmedabad

provided under the agreement are not the services of consulting engineer as defined in Section 65(13) of the Finance Act, 1994. In order to attract service tax under the category of consulting engineer, the service must be in … amounting to Rs. 21,65,63,780/- on onshore services relating to the period Jan. 2001 to April, 2003. Similarly, he confirmed a sum of Rs. 48,05,821/- as … the said office cannot be treated as office of the service provider for the purpose of service tax.4.6. Section 64 of the Act clearly provides that the Act applies to the services rendered in India except in the