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Commissioner of Income Tax, Delhi Vs. Woodward Governor India P. Ltd.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 29, 30 to 43D, 48, 50, 56, 143, 143(1), 143(2), 144, 145, 145(1), 145(2) and 145(3); Finance Act, 2002; Companies Act - Sections 209; Finance Act, 1967

Reported in : (2009)223CTR(SC)1; [2009]312ITR254(SC); JT2009(5)SC378; 2009(5)SCALE198; (2009)13SCC1; [2009]179TAXMAN326(SC); 2009(3)LC1519(SC); [2009] 5 SCR 738

cases, we are required to consider the provisions of Section 43(1), 43A (both, before and after Amendment vide Finance Act, 2002).Facts in M/s Woodward Governor India P. Ltd.[Civil Appeal arising out of SLP(C) No. 593/08]- REVENUE ACCOUNT CASE:5. The … In such cases, we are required to consider the provisions of Section 43(1), 43A (both, before and after Amendment vide Finance Act, 2002).Facts in M/s … to cover both. Therefore, the expression 'expenditure' as used in Section 37 may, in the circumstances of a particular case, cover an amount which is really a 'loss' even though the said amount has not gone out

Commissioner of Income Central Ii Vs. Suresh N. Gupta

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 4, 4(1), 32, 32(2), 68, 69, 69A, 69B, 69C, 112, 113, 115A, 115AB, 115AC, 115ACA, 115AD, 115B, 115BB, 115BBA, 115E, 115JB, 132, 132A, 132B, 139, 139(1), 142, 142(1), 143, 143(1B), 143(2), 143(3), 144, 147, 148, 158B, 158BA, 158BA(1), 158BA(2), 158BB, 158BB(1), 158BC, 158BH, 161, 161(1A), 164, 164A, 167B, 245D and 245D(4); Finance Act, 2001 - Sections 2(1), 2(2) and 2(3); Finance Act, 2002 - Sections 113; Finance Act, 1995; Constitution of India - Articles 269, 270 and 271

Reported in : (2008)214CTR(SC)274; [2008]297ITR322(SC); JT2008(1)SC208; 2008(1)SCALE99; (2008)4SCC362; 2008AIRSCW1066

respect of the search carried out on 17.1.2001; secondly, whether the proviso inserted in Section 113 by the Finance Act, 2002 is clarificatory?Whether Finance Act, 2001 was applicable to block assessment under Chapter XIV-B up to 1.06.2002:5. Chapter XIV-B … by a surcharge for purposes of the Union and the whole proceeds of any such surcharge shall form part of the Consolidated Fund of India.'Charge of income-tax.4.(1) Where any Central Act enacts that income-tax shall be charged

Commissioner of Customs versus M/S Canon India Pvt. Ltd.

Court : Supreme Court of India

Subject : Right to Information

Reported in : [2024]12S.C.R.202

in the case of Mangali Impex’s case expounds the correct interpretation of s.28(11) and whether s.97 of the Finance Act, 2022, which retrospectively validates the show cause notices with effect from 01.04.2023, is manifestly arbitrary and thus, violative … Supreme Court of India in Commissioner of Customs versus Sayed Ali and Anr. (Civil Appeal Nos. 4294-4295 of 2002) held that only a customs officer who has been specifically assigned the duties of assessment and re-assessment in … made to the maintainability of the show cause notices issued by this particular class of officers, on the ground of want of jurisdiction for not … Commissioner of Customs v. M/s Canon India Pvt. Ltd. (Review Petition No. 400 of 2021) In (Civil Appeal No. 1827 of 2018) 07 November 2024

Commr.of Income Tax-i,new Delhi Vs. Vatika Township P.Ltd.

Court : Supreme Court of India

Subject : Land Acquisition

the Income Tax Act (hereinafter referred to as 'the Act') which was inserted in that Section by the Finance Act, 2002 is to operate prospectively or is clarificatory and curative in nature and, therefore, has retrospective operation. The Background … of surcharge as specified in the Finance Act of the relevant year was to be applied. In this particular case the search and seizure operation took place on 14.07.1999 and treating this date as relevant, the Finance … No.13886 of 2008) CIVIL APPEAL NOS.8752-8753 OF2014(arising out of SLP (C) Nos. 4842-4843 of 2008) CIVIL APPEAL NO.8754 OF2014(arising out of SLP (C) No.5704 of

Asstt. Cit Vs. Lord Krishna Bank Ltd.

Court : Income Tax Appellate Tribunal ITAT Cochin

Subject : Direct Taxation

in view of the proviso to section 14A. He failed to note that the proviso was introduced by Finance Act, 2002, with effect from and being procedural in nature was effective only for reopening or rectification done after that … consideration is whether the CIT(Appeals) was justified in holding that there was no failure or omission on the part of the assessee to disclose all the material facts and hence reopening of the assessment after the period … revenue has taken four grounds in this appeal. Ground Nos. 1 and 4 are general in nature. As far as ground No. 3 is concerned,

Larsen and Toubro Ltd. Vs. Commissioner, Commercial Tax and ors.

Court : Madhya Pradesh

Subject : Sales Tax/VAT

Reported in : (2008)17VST353(MP)

note of the definition of 'sale' under Section 2(g) of the CST Act that was substituted by the Finance Act, 2002 which has substantially widened the scope of the concept of deemed sale. That apart it is urged that … March 30, 1996 determining the tax liability at Rs. 6,15,38,551. The said liability was fastened on the assessee partly due to disallowance of labour charges and disallowance of claim on inter-State sale. A rectification order came to … produced the documents relating to assessment year 1986-87 in Writ Petition No. 4411 of 2003 but in the present case for the assessment year 1992-93

Zee Telefilms and Star India Vs. Commr. of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Service Tax

Reported in : (2006)3STR304

petitioners contend that while passing the final order we had overlooked Sub-section (2) of Section 148 of the Finance Act, 2002 which made retrospective amendment to Section 65(13) of Finance Act, 1994 as amended by Finance Act, 2001. Sub-section … payment. Explanation.- For the removal of doubts, it is hereby declared that no act or omission on the part of any person shall be punishable as an offence which would have not been so punishable if this

Commissioner of Income Tax Vs. Heartland Delhi Transcription Services ...

Court : Delhi

Subject : Direct Taxation

omitted, we would also like to reproduce sub section (9A) to Section 10B, which was inserted by the Finance Act, 2002 with effect from 1st April, 2003, but was deleted/omitted by the Finance Act, 2003 with effect from 1st … 2 to Section 80I (2) states that the total value of the old plant and machinery or the parts should not exceed 20% of the total value of the plant and machinery for the purpose of clause

Deputy Commissioner of Income Tax Vs. Electropack [Alongwith Misc.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2005)94TTJ(Ahd.)973

July, 1995, the proceedings initiated are not proper and just. 3. As per the amendment made by the Finance Act, 2002, to Section 158B, the definition of "undisclosed income" is reproduced as under: 158B(b) : 'undisclosed income' includes any … or allowance claimed under this Act which is found to be false). 4. In view of the above amendment, the additions made for the block … jewellery, valuable article, thing, entry in the books of account or other document or transaction represents wholly or partly income or property which has not been or would not have been disclosed for the purposes of this

M/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise

Court : Mumbai

Subject : Service Tax

amount of Rs.2,04,39,093/- under provisions of Rule 14 of the Credit Rules read with Section 73 of the Finance Act,1994. In respect of towers and parts thereof, prefabricated building, printers and office chairs, the Commissioner observed that the … for the credit of the duty paid. This was a case falling under the Maharashtra Value Added Tax Act 2002. The challenge in this case was to the constitutional validity of Section 48(5) of the Maharashtra Value Added … 14 of the Credit Rules read with Section 75 of the Act. 4. To the show cause notice was enclosed Annexure “A”, in which it … the Appellant was not entitled to credit of duty paid on tower parts, green shelter, printers and office chairs ? 2. Whether in the facts