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Jul 15 2005

Wallfort Shares and Stock Brokers Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jul-15-2005

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 … in F.A& A.B.limiteds case at page 620.The learned counsel pointed out that in Mrs. Sarojini Rajah v. CIT, 71 ITR 504 (Mad), the Madras High Court had referred to with approval the decision in Griffiths v. J.P.

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Oct 03 2024

Union Of India Vs. Rajeev Bansal

Court : Supreme Court of India

Decided on : Oct-03-2024

Subject : Education

Table of Contents A. Background ........................................................................................................ 35 i. Income Tax Act ............................................................................................... 35 ii. TOLA ................................................................................................................ 39 iii. Finance Act 2021 ............................................................................................ 41 B. Issues .................................................................................................................. 50 C. Submissions ...................................................................................................... 51 D. Legal Background ............................................................................................. 55 i. Assessment … certain precondition […].”]. 70 Banarsi Debi v. ITO, 1964 SCC OnLine SC48[6]. 71 Punjab Land Development and Reclamation Corporation Ltd. v. Presiding Officer, Labour Court … of harmonious construction.......................................................... 66 E. Reading TOLA into the Income Tax Act ........................................................... 70 i. First proviso to Section 149(1) of the new regime ...................................... 70 ii. TOLA can extend the time limit till 31 June 2021

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Oct 01 2002

NavIn Bharat Industries Ltd. Vs. the Deputy C.i.T., Special

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Oct-01-2002

Subject : Direct Taxation

from that source etc., and in any case, as per the amendment in the said section by the Finance Act, 2001, it is applicable only from 1.4.1962.22. The learned Departmental Representative strongly relied upon the orders of the authorities … reiterated that since there is no specific provision either Under Section 10A or in Section 70 or Under Section 71, the loss suffered by SEEPZ Unit cannot be set off against the income from other units and other

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Sep 01 2008

Dabur India Limited Vs. Commissioner of Income Tax

Court : Delhi

Decided on : Sep-01-2008

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 … not wholly set off against the income under any head of income in accordance with the provisions of Section 71, so much of the loss as has not been so set off, subject to the other provisions of

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Sep 26 2003

themis Pharmaceuticals and ors. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Sep-26-2003

Subject : Direct Taxation

Reported in : (2003)(157)ELT569Tri(Mum.)bai

CCE, Bhubaneshwar Vs Oripof Industries -2003(155) ELT 278 (Tri-LB) in the context of another amendment made through the Finance Act, 2001 to the effect that after a conscious interference by the legislature to do away with a specific power, … issue: Whether the Tribunal can grant stay beyond a period of 180 days. The newly-inserted sub-section (2A) of Section 35C of the Central Excise Act, 1944 reads as under: - " The Appellate Tribunal shall, where it

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Dec 07 2006

Commissioner of Central Excise Vs. Satpuda Tapi Ssk Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Dec-07-2006

Subject : Service Tax

Reported in : (2007)10STJ55CESTAT(Mum.)bai

2000 there was amendment of validating clause for stalling the refund to be claimed by factory owner in 2001, Section 71 of the Finance Act was amended to bring the service receiver also under the net work of service

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Jan 31 2006

Commissioner of Central Excise Vs. Lintax India Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Jan-31-2006

Subject : Service Tax

Reported in : (2007)8STJ378CESTAT(Mum.)bai

an order of Commissioner (Appeals) who has quashed assessment memorandum ordered under Section 71(1) prior to amendment by Finance Act, 2001 on me returns filed by the Respondents of the Service Tax paid by them. (i) for the purpose

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Feb 02 2007

Honeywell International (India) Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Feb-02-2007

Subject : Direct Taxation

Reported in : (2007)108TTJ(Delhi)924

the tax is payable under the provisions of the Act.Section 10A of the Act, as substituted by the Finance Act, 2000, w.e.f.1st April, 2001, provides for deduction in respect of profits and gains derived by the eligible industrial … 72 and 74 but does not provide anything regarding intra-head set-off under Section 70 and inter-head set-off under Section 71. Admittedly, in this case, there was loss in the unit eligible for deduction under Section 10B. The business

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Aug 17 2009

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

Court : Supreme Court of India

Decided on : Aug-17-2009

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 … bond in terms of the provisions of the Central Excise Rules, 2002.vii. Gold or silver falling within Chapter 71 of the said First Schedule, arising in the course of manufacture of copper or zinc by smelting.CENVAT Credit

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Feb 06 2007

Virtual Soft Systems Ltd. Vs. Commissioner of Income Tax, Delhi-i

Court : Supreme Court of India

Decided on : Feb-06-2007

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28(1), 48, 143, 143(1), 143(1A), 260A, 271 and 271(1); Finance Act, 1975; Finance Act, 2002 - Sections 271; Taxation Laws (Amendment) Act, 1975; Finance Act, 1993; Finance Act, 1992; Finance Act, 1951; Income Tax Act, 1922 - Sections 23(5), 28 and 28(1); Constitution of India - Article 20(1)

Reported in : (2007)207CTR(SC)733; [2007]289ITR83(SC); JT2007(3)SC125; 2007(2)SCALE612; (2007)9SCC665

the Punjab and Haryana High Court pertaining to the assessment year 1970-71 was prior to the amendment of Finance Act, 1975 and therefore, was not applicable. For the same reason, the decision of this Court in affirming the … Court of Delhi against the order passed by the Income Tax Appellate Tribunal (for short 'the Tribunal') under Section 260A of the Income Tax Act. Assessee also filed ITA No. of 2004 being aggrieved against a part

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