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Jindal thermal Power Company Limited (Formerly Jindal Tracteble Power ...

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 10, 10A, 10B, 11, 12, 80HHC, 80HHC(3), 80HHF(3), 112, 113, 115A, 115AA, 115AB, 115ACA, 115AD, 115B, 115BB, 115BBA, 115E, 115JB, 119(2), 140A, 154, 161(1A), 164, 164A, 167B, 172(4), 174(2), 175, 176(2), 192, 207, 208 to 219, 234A, 234B and 234C; Finance Act, 2002 - Sections 115J, 115J(1), 115JA, 115JB(1) and 115JB; Finance Act, 1987; Finance (No. 2) Act, 1996; Finance Act, 2000 - Sections115B and 115JB; Finance (Amendment) Act, 2000; Finance (Amendment) Act, 2002; Companies Act, 1956 - Sections 210; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3, 17(1), 32(2), 32A(3), 72(1), 73, 74, 74A(3), 139(1), 142(1) and 288(2); Finance Act, 2001 - Sections 2(8); Constitution of India - Articles 265 and 300A

Reported in : (2006)203CTR(Kar)381; [2006]286ITR182(KAR); [2006]286ITR182(Karn)

financial year, as are contained in the Finance Act and the first proviso to Section 2(8) of the Finance Act, 2001 provides that the tax payable by way of advance tax in respect of income chargeable under Section 115JB … Sub-section (3) of Section 32A or Clause (ii) of Sub-section (1) of Section 72 or Section 73 or Section 74 or Sub-section (3) of Section 74A.4) Every company to which this section applies, shall furnish a report in

C.I.T and Anr Vs. M/S Yokogawa India Ltd.

Court : Supreme Court of India

Subject : Direct Taxation

At the very outset, Section 10A of the Act as it existed prior to its amendment by the Finance Act of 2000 with effect from 1.04.2001; subsequent to the aforesaid amendment and the provisions of Section 10A of … deduction; no loss referred to in sub-section (1) of section 72 or sub-section (1) or sub-section (3) of section 74 and no deficiency referred to in sub-section (3) of section 80J, in so far as such loss or

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 … (a) Principal Officer, Builcon Towers (P) Ltd. v. ACIT (2000) 113 Taxman 74 (Cal.) There is however, another decision of the Delhi Bench of the … 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

Aditya Cement Staff Club and Birla White Staff Club Vs. Union of India ...

Court : Rajasthan

Subject : Direct TaxationConstitution

Acts : Finance Act, 2001 - Sections 2(24), 17(1) and 17(2); Income Tax Act, 1961 - Sections 17(2); Income Tax Rules, 1962 - Rule 3; Constitution of India - Articles 14, 300A, 301 and 304

Reported in : (2003)182CTR(Raj)554; [2004]266ITR70(Raj)

is with reference to the insertion of Clause (vi) in Section 17(2) w.e.f. 1st April, 2002, by the Finance Act, 2001, and amendment in Rule 3 of the IT Rules, 1962, vide Notification, dt. 25th Sept., 2001, which has … an, employee and return of wage reduction, House of Lords in Owen v. Pook (Inspector of Taxes) (1969) 74 ITR 147 said perquisite has a known normal meaning namely, a personal advantage. The word could not apply

Kerala Non-banking Finance Companies Welfare Association Vs. Union of ...

Court : Kerala

Subject : Service Tax

Acts : Finance Act, 2001 - Sections 137; Finance Act, 1994 - Sections 65(12), 65(74), 65(105) and 66; Companies Act, 1956 - Sections 2; Sales Tax Acts; Motor Vehicles Act; Constitution of India - Articles 14, 19(1), 268A, 366 and 366(29A); Constitution of India 46th (Amendment) Act

Reported in : (2009)227CTR(Ker)97; [2009]20STT1; (2009)24VST185(Ker)

and 3 its members, have filed this Writ Petition challenging the constitutional validity of Section 137 of the Finance Act, 2001 by which service tax is introduced on 'banking and other financial services' which includes 'equipment leasing and hire

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

Court : Income Tax Appellate Tribunal ITAT Mumbai

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 … by such units by specifically referring to Section 72(1) and 72(4)(i) r with effect from 1.4.88 under Section 74(3). It does not refer to Section 70 or 71 which clearly meas that there is no prohibition prescribed

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 … judgment of Honble Supreme Court in the case of Azadi Bachao Andolan, 263 ITR 706 (SC) at page 747 where it was held that if it was desired that benefits should be limited, provision was made in

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 … judgment of Hon'ble Supreme Court in the case of Azadi Bachao Andolan, 263 ITR 706 (SC) at page 747 where it was held that if it was desired that benefits should be limited, provision was made in

Anuradha Timber Estates Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Land Acquisition

Reported in : (2006)99ITD53(Hyd.)

outstanding demand under Section 254 of the Income Tax Act. Provisos to Section 254(2A) were inserted by the Finance Act 2001 with effect from 1.6.2001, whereby the power to grant stay, on each occasion, was restricted to a maximum … the said date. Similar view is expressed by the Tribunal in its subsequent order dated 16.5.2005 in S.P.No. 74/Hyd/2005. Though we have extracted relevant portions of the said order hereinabove, it is worthwhile to reproduce the same

Daimler Chrysler India Pvt. Ltd. Vs. the Union of India, Joint Secreta ...

Court : Mumbai

Subject : Commercial

Acts : Customs Act, 1962 - Sections 27A, 74(1), 74(2) and 75; Motor Vehicles Act - Sections 39; Taxes of Entry of Goods into Calcutta Metropolitan Area Act, 1972 - Sections 19

Reported in : 2004(1)ALLMR594; 2004(175)ELT72(Bom); 2004(1)MhLj813

issued by the Government of India, in supersession of the notification of the Government of India, Ministry of Finance, (Department of Revenue), Customs No. 48, dated 1st February 1963. The Central Government fixed the rate as mentioned … issue in case of Director of Entry Tax v. Mainbrace & Mahindra, 2001(5) Supreme 394. Interpretation of the word 'use' in the light and context … of study and research, amounts to use of a car after importation thereof into India as contemplated under Section 74(2) of the Customs Act, 1962 ('Act' for short)Contextual facts: 3. For the resolution of the above question, it