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Oct 12 2018

The Income Tax Officer, Vs. Urban Improvement Trust

Court : Supreme Court of India

Decided on : Oct-12-2018

Subject : Direct Taxation

2018 - The Income Tax Officer Vs. M/s. Urban Improvement Trust, Kota.4. Section 10(20) has been amended by Finance Act, 2002 w.e.f. 01.04.2003. A Notice under Section 142(1) of the Income Tax Act, 1961 (hereinafter referred to as “I.T. … Urban Improvement Act, 1959 was enacted for the improvement of Urban Areas in Rajasthan. The Act contains following preamble:- “An act for the improvement of Urban Areas in Rajasthan. WHEREAS it is expedient to make provision for

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Oct 19 2022

Assistant Commissioner Of Income Tax (exemptions) Vs. Ahmedabad Urban ...

Court : Supreme Court of India

Decided on : Oct-19-2022

Subject : Land Acquisition

may, by notification in the Official Gazette, specify in this behalf:26. Section 10(20A) and 10(23) were deleted/omitted by Finance Act, 2002, w.e.f. 01.04.2003. While both these provisions are not directly relevant for deciding the primary question (i.e., as to … 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL … Development Act, 1966 (“KIAD Act”) and it functions on “no profit-no loss” basis as is evident from the preamble48, the aims and objectives49 of the board as well as Sections 3, 5, 6, 28, 29, 43 and

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Jul 22 2005

Vidarbha Irrigation Development Vs. Joint Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jul-22-2005

Subject : Land Acquisition

Reported in : (2006)102ITD1(Mum.)

as defined in Section 3 of the Cantonments Act, 1924 (2 of 1924); Section 10(20A) omitted by the Finance Act, 2002, w.e.f. 1-4-2003.Prior to its omission, clause (20A), as inserted by the Finance Act, 1970, w.r.e.f. 1-4-1962, reads as … the case of Municipal Corporation of Delhi v. Birla Cotton Spg. & Wvg.Mills . She held that the Preamble of VIDC Act makes this clear. The Preamble of this Act mentions that it is "an Act to

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Aug 18 2008

Commnr. of Income Tax-i, Ahmedabad Vs. Gold CoIn Health Food Pvt. Ltd.

Court : Supreme Court of India

Decided on : Aug-18-2008

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24), 5(1), 72, 271 and 271(1); Finance Act, 2002; Wealth Tax Act - Sections 18

Reported in : (2008)218CTR(SC)359; [2008]304ITR308(SC); JT2008(9)SC312; 2008(11)SCALE492; (2008)9SCC622; 2008(2)LC1144(SC); 2008AIRSCW5841; 2008(6)Supreme1; 2008(11)SCALE492.; [2008] 12 SCR 179

income is a loss. This question has to be considered in the background of the amendment made by Finance Act, 2002 (in short `Finance Act') w.e.f. 1.4.2003 in Explanation 4 to Section 271(1)(c)(iii) of the Act. In Virtual's case … the common law or in the interpretation of statutes. Usually, if not invariably, such an Act contains a preamble, and also the word `declared' as well as the word 'enacted'. But the use of the words `it

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Apr 26 2006

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Decided on : Apr-26-2006

Subject : Direct Taxation

Reported in : (2007)288ITR226(Hyd.)

short issue in this appeal is whether the levy of surcharge in terms of the provisions of the Finance Act, 2002, is valid in a block assessment made under Section 158BC of the Income-tax Act. The tax has to … the common law or in the interpretation of statutes. Usually, if not invariably, such an Act contains a preamble, and also the word "declared" as well as the word "enacted".' But the use of the words 'it … 1. This reference arises out of the appeal, against the assessment order passed

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Sep 15 2014

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

Court : Supreme Court of India

Decided on : Sep-15-2014

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 … the common law or in the interpretation of statutes. Usually, if not invariably, such an Act contains a preamble, and also the word 'declared' as well as the word 'enacted'. But the use of the words 'it … fallen for consideration is as to whether the proviso appended to Section 113 of the Income Tax Act (hereinafter referred to as 'the Act') which

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Jul 09 2010

Finite Infratech Ltd Vs Ifci and ors

Court : Delhi

Decided on : Jul-09-2010

Subject : Industrial Finance Corporation

Acts : Industrial Finance Corporation (Transfer of Undertaking and Repeal) Act, 1993 - Sections 2(1)(m), 3(1) ; Companies Act, 1956 - sections (2), 4a, 4A(2)

of the Industrial Finance Corporation Act, 1948 and in particular to the Preamble and Section 3 thereof where the intention of Parliament was clearly to … may also be the beginning of something new. Here we are concerned with the repeal of the Industrial Finance Corporation Act, 1948 and the consequential death of the Industrial Finance Corporation of India (hereinafter referred to as … the meaning of Section 2(1)(m) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the said Act)? And, this issue arises in view of the prayer sought by

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Dec 07 2007

Vikash Iron and Steel Pvt. Ltd. and anr. Vs. Cto, Jorasanko Charge and ...

Court : Kolkata

Decided on : Dec-07-2007

Subject : Sales Tax/VAT

Acts : West Bengal Taxation Tribunal Act, 1987 - Sections 5, 6, 7, 7A(5), 8, 8(1), 8(3), 13 and 14; ;Bengal Finance (Sales Tax) Act, 1941 - Section 11 and 11(4); ;Bengal Public Demands Recovery Act, 1913 - Sections 4, 14, 48 and 51; ;Protection of Human Rights Act, 1994 - Sections 18 and 67; ;Judicial Officer's Protection Act, 1850 - Section 1; ;Constitution of India - Articles 21, 32, 226, 226(1), 227, 323A and 323B; ;Code of Civil Procedure (CPC) - Section 60 - Order 21, Rules 43, 43A and 54; ;Code of Criminal Procedure (CrPC) , 1973

Reported in : (2009)19VST224(NULL)

2002 in pendency of the appeal from the said assessment order passed under Section 11 of the Bengal Finance (Sales Tax) Act, 1941 and the said application before the appellate authority and also sought damages from respondent … the applicant's place of business in course of the certificate proceeding under the Public Demand Recovery Act. The Preamble of the West Bengal Taxation Tribunal Act, 1987 is: an Act to provide for the setting up of … this application under Section 8 of the West Bengal Taxation Tribunal Act, 1987 filed on May 17, 2002, the applicants challenged initiation and continuation of

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Jan 29 2014

M/S.Medical Land, Trichur Vs. Commissioner of Income Tax,kochi

Court : Kerala

Decided on : Jan-29-2014

Subject : Direct Taxation

be false" added to the definition of the undisclosed income vide Section 158B(b) of the Act by the Finance Act, 2002 with effect from 01/7/1995 which clinched the issue against the assessee. The Tribunal found that Chapter 14B provides … Court took the following view: "10. A statute is a creature of the legislature. Every statute has its preamble, it has objects and reasons for which it was enacted. To find out the correct meaning of a … K.M.JOSEPH & THE HONOURABLE MR.JUSTICE K.HARILAL WEDNESDAY, THE29H DAY OF JANUARY20149TH MAGHA, 1935 ITA.No. 221 of 2012 () ----------------------- (ITA.NO.118/COCH/2004 OF INCOME TAX APPELLATE TRIBUNAL,

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Sep 23 2005

Ashok Behari Lal (Huf) Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Sep-23-2005

Subject : MRTP

Reported in : (2006)99TTJ(Delhi)513

suffice it to say that the claim of the assessee in this regard deserves to be accepted.20. The Finance Act, 2002 has inserted Section 28(va) of the Act w.e.f.1st April, 2003 which reads as follows : 28. The following … of the share purchase agreement dt. 21st Jan., 1993 between the GB Group and the Saboo Group. The preamble as well as Clause 1 of the agreement reads as follows : In consideration of the premises and

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