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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 … he did not have any jurisdiction to act Under Section 154."Rajputana Mining Agencies and Ors. v. ITO (1979) 118 ITR 585 (Raj): "The question which, therefore, arises in these two writ petitions, is as to whether the

Sukh Ram Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Land Acquisition

Reported in : (2006)99ITD417(Delhi)

is quite wide. He also relied on the amendment made in Sub-section (1) of Section 158BB by the Finance Act, 2002 with retrospective effect from 1-7-1995 to contend that even 'such other material or information as are available with … and ambit.In this regard, the case of CIT v. Shamlal Balram Gurbani [2001] 249 ITR 501 (Bom.) : 118 Taxman 835 can usefully be referred to. In the said case, a search was conducted at the residential

Mr. Rajesh Bhalchandra Chalke Vs. M/S Emco Dynatorq Pvt. Ltd.

Court : Mumbai

Subject : Criminal

Acts : Negotiable Instruments Act (NI) - Section 138; Code of Criminal Procedure (CrPC) - Sections 200, 482, 252 ; Companies Act - Section 293; Constitution of India - Article 227; Amending Act - Sections 143 to 147

of this Court in Peacock Industries Ltd. and others vs M/s Budhrani Finance Ltd. and another, 2006 ALL MR CRI 2233, decided on 14th July … and sections 143 to 147 were inserted in the Act by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 to do away with all the stages and processes in a regular criminal trial that normally cause inordinate … trying such complaints.STATUTORY PROVISIONS18. Before dealing with the rival submissions, we may briefly note the relevant statutory provisions. Section 118 of the NI Act, which is on the statute book since 1881, provides as under :-"118. Presumptions as

Sudarshan Chemical Industries Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Service Tax

Reported in : (2004)(166)ELT214Tri(Mum.)bai

India, 2002-Taxindiaonline-117-SC-CX, it was to overcome the effect of the Markfed decision that amendments were effected by the Finance Act, 1996 to incorporate statutorily the substance of the circular.2. I find that the Markfed decision has been followed … above, we hold that the process carried out by the respondents did not constitute 'manufacture' within meaning of Section 2(f) of the Central Excise and Salt Act, 1944".4. It is significant to note that the Revenue did

Enercon (India) Ltd. and Others Vs. Enercon Gmbh and Another

Court : Mumbai

Subject : Arbitration

buttress the said submission by referring to the clauses mentioned in the IPLA, regarding the grant of licences, finance, tenure of the IPLA; iv] That the patents in respect of which the licences were to be given … a valid arbitration agreement. The appointment of arbitrators must, therefore, be governed by Section 11 of the New Act. (2002) 3 SCC 572 in the matter of NarayanPrasad Lohia v/s. Nikunj Kumar Lohia and others. Para 17 is … Division Bench of the Karnataka High Court reported in AIR 1966 Mysore 118 in the matter of Coffee Board, Bangalore v/s. Janab Dada Haji Ibrahim

Assistant Commissioner of Income Vs. Apsara Processors (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2005)92TTJ(Ahd.)645

is loss having regard to the amendment made by the Taxation Laws (Amendment) Act, 1975, and by the Finance Act, 2002 ?" 2. The facts which are common in all the cases are that all the assessees have furnished … when Expln. 4 was in the statute. One more aspect needs to be mentioned. By the Finance Bill, 2002, Section 271 of the IT Act has been amended vide Clause 97. By Clause 97(f) of the Finance Bill, … example in CIT v. Harprasad & Co. (P) Ltd. (1975) 99 ITR 118 (SC), so that reduction in loss could well be the base for

Ms.Sapthagiri Finance and Investments. Vs. the Income Tax Officer

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act - Section 148, 142(1), 143(2), 144, 145, 158 BC, 230A

Section 143(2) of the Act as it stood at the relevant point of time before substituting by the Finance Act, 2002 with effect from 1.6.2002, reads as under:-(2) Where a return has been made under Section 139, or in … Section 143(2) of the Act, learned counsel placed reliance on the decision of the Supreme Court reported in 118 ITR 326   MOTILAL PADAMPAT SUGAR MILLS CO., v. STATE OF U.P. and pointed out that the basic requirement

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

Court : Kerala

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 … . Association, 18 U.C. C.P. 19; State v. Leonard, I.T.A.NO.221 OF201237 73 Or 451 = 144 P. 113 118 and State v. Smith, 63 Vt.201 = 22A604 It implies either conscious wrong or culpable negligence, and signifies

Aquarius Travels (P) Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2008)111ITD53(Delhi)

it was submitted by the learned Counsel that the proviso to Section 14A which was introduced by the Finance Act, 2002 w.e.f. 11th May, 2001 provides that while completing the assessment relating to assessment year prior to asst.yr. 2001-02,

Commissioner of Income Tax 5 Mumbai Vs. M/S. Essar Teleholdings Ltd. T ...

Court : Supreme Court of India

Subject : Land Acquisition

to earn exempt income by applying the provisions of newly inserted section 14A of the Act.” 17. By Finance Act, 2002, a statutory provision was also inserted by way of proviso to Section 14A. What was clarified by the … @ SLP(C) No. 36560 of 2012, C.A. No. 117 of 2015, C.A. No. 5101 of 2012, C.A. No. 118 of 2015, C.A. No. 6727 of 2015, C.A. No. 119 of 2015, C.A. No. 116 of 2015, C.A.