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Tata Sky Limited Vs. the State of Uttarakhand and ors.

Court : Uttaranchal

Subject : Company

Acts : Companies Act, 1956; ; Indian Telegraph Act, 1885 - Section 4; ; Indian Wireless Telegraphy Act, 1933; ; Uttar Pradesh Entertainment and Betting Tax Act, 1979 - Sections 2, 3, 4, 4A, 4A(4), 4B and 4C; ; Bombay Entertainments Duty Act, 1923; ; Uttar Pradesh Entertainment and Betting Tax (Amendment) Act, 2009; ; Finance Act, 2001 - Sections 65, 65(5), 65(13), 65(63), 65(72) and 137; ; Prasar Bharti (Broadcasting Corporation of India) Act, 1990 - Section 2; ; Finance Act, 2002 - Sections 65, 66(5), 65(14), 65(15), 65(80) and 65(90); ; Finance Act, 2003 - Section 65, 65(16), 65(95), 65(105) and 66(1); ; Finance Act, 2004; ; Finance Act, 2005 - Section 65(16) and 65(105); ; Government of India Act, 1935; ; Cable Television Networks (Regulation) Act, 1995; ; Bengal Amusements Tax Act, 1922; ; We

the gross amount charged by the service provider).19(ii). The term 'broadcasting' was re-defined under Section 65(14) of the Finance Act, 2002 as under:65. Definitions.- In this Chapter, unless the context otherwise requires,-(14). 'broadcasting' has the meaning assigned to it … third rendered by the Punjab and Haryana High Court in Union of India v. State of Haryana (2001) 123 STC 539, wherein it was held, that no component of sale was involved in providing SIM cards to

Maxopp Investment Ltd.. Vs. commr.of i.t New Delhi

Court : Supreme Court of India

Subject : Direct Taxation

and sub-sections (2) and (3) were added thereto. Before that, a proviso was also added by amendment vide Finance Act, 2002 which was to operate retrospectively from May 11, 2001. In these batch of appeals, we are not concerned … 3267, 19614, 10096 of 2013, 8596 of 2014, 18019 of 2017, 115, 123, 6590 of 2015, Civil Appeals arising out of SLP (C) Nos. 27054, … Tax Act, 1961 (hereinafter referred to as the ‘Act’) contains the provisions pertaining to ‘computation of total income’. Section 14 which is the first provision under this Chapter enumerates five heads of income within which all income

R.P.Keshari Vs. Central Registrar of Cooperative Societies and anr.

Court : Delhi

Subject : Constitution

Acts : Constitution of India - Article 226; Multi-State Co- operative Societies Act, 2002 - Section 83(1)

is as under: "A view has been taken to discourage providing of finance for non-agro items and to implement this view in phased manner." 6. … appointed two Inquiry Committees over a period of time under Section 83(1) of The Multi-State Co- operative Societies Act, 2002 („the said Act for short). The said provision reads as under: "83. Repayment, etc. - 1) If in … president, chairperson, vice chairperson, managing director, secretary, manager, member of a board, treasurer, liquidator, an administrator appointed under section 123 and includes any other person empowered under this Act or the rules or the bye-laws to give directions

Deputy Commissioner of Income Tax Vs. Samtel Electron Devices Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2006)100TTJ(Delhi)706

his submissions, the learned senior Departmental Representative relied on the following authorities : (1) CIT v. Motor General Finance Ltd. (2002) 173 CTR (Del) 123 : (2002) 254 ITR 449 (Del)P.RM.S. Ramanathan Chettiar v. CIT 10. On … previous year ended on 31st March, 1991. The assessment was originally framed under Section 143(3) of the IT Act, but on appeal it was set aside by the CIT(A) with the direction, inter alia, to consider afresh

Devang S. Desai Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2004)90ITD107(Mum.)

is pertinent to mention that under the definition of "undisclosed income" certain words have now been inserted by Finance Act, 2002 which are w. r. e. f. 1st July, 1995 which read, "or any expense, deduction or allowance claimed … 13 (Cal), Govinddas and Ors. v. ITO and Anr., (1976) 103 ITR 123 (SC). In the compilation he has also submitted the correspondence in respect … 1. The above referred appeals have been filed by both the assesse's against the orders passed under Section 158BC(c) both dt. 25th Sept., 1996. In the case of Mr. Devang S. Desai the assessment of undisclosed

In Re: Reliance Communications Limited, a Company Incorporated Under t ...

Court : Mumbai

Subject : Company

Acts : Companies Act, 1956 - Sections 3, 21A(1), 187, 211, 211(3C), 235 to 251, 391 to 394 and 642(1); Income Tax Act, 1961 - Sections 43(1) and 43A; Finance Act, 1967; Finance Act, 2002; Companies (Accounting Standards) Rules, 2006; Companies (Accounting Standards) (Amendment) Rules, 2009

Reported in : 2009(111)BomLR3340; [2009]94SCL219(Bom)

increase/decrease of liability subsequently arising due to exchange fluctuation. Consequently, Section 43A was introduced in the Act by Finance Act, 1967 w.e.f. 1.4.1967 in the above terms to provide for adjustment in the actual cost of assets pursuant … payment' and not 'on payment' which is now brought in by amendment to Section 43A vide Finance Act, 2002.A priori, the issue raised by the objectors regarding irrelevance of Clause 2.3.4. is without any substance.41. That takes … Co. Ltd. v. Assistant Commissioner of Income-tax 5(2) in Company Application No. 123 of 2004 decided on September 2, 2004. Similar apprehension expressed by the

Ram Autar Agarwal Vs. Commissioner of Income Tax Alld

Court : Allahabad

Subject : Direct Taxation

placed reliance upon CBDT Circular dated 27th August, 2002 in which it was laid down as under:- "61.3.2-The Finance Act, 2002, has amended s.158BB to clarify that the block assessment of undisclosed income is to be based on the … relevant; however, the power of enquiry granted to an A.O. under Sections 123 (6) and 142 (2) does not include the power to refer the … 4. Both the appellants are doctors by profession and are husband and wife. On 5.3.1992, a search under Section 132(1) of the Income Tax Act, 1961 (the Act) was conducted at their residence and Nursing Home, in

The Assistant Commissioner of Income Tax, Chennai. Vs. Australian Food ...

Court : Supreme Court of India

Subject : Income Tax

Acts : Income Tax Act, 1961 - Sections 260A, 132, 158BD, 158BB(1)(c), 139(1), 132, 132A, 210(1), 143

Tax Laws (Amendment) Act, 1989, w.r.e.f. 1-6- 1988.][or collection] at source or by advance payment [Inserted by the Finance Act, 2002, w.e.f. 1-6-2002.] [or by payment under sub-section (1A) of section 192], as the case may be, in accordance … Court in Commissioner of Income Tax Vs. Upper India Steel Mfg. and Engg. Co. Ltd. [[2005] 279 ITR 123 (P&H)] made the following important observations:“24. We fully concur with the view expressed in the aforesaid judgments. The

income-tax Officer Vs. Budge Budge Co. Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2006)100ITD387(Kol.)

in which it has been held that Clause (iii) of Explanation 4 to Section 271(1)(c) as amended by Finance Act, 2002, are applicable prospectively and do not apply the relevant assessment year 1985-86 and, therefore, in the absence of … rulings of the Honourable Courts cited by the appellant such as Capital Bus Service (P.) Ltd. v. CIT 123 ITR 404 (Delhi) and CIT v. Vayithri Plantations Ltd. 129 ITR 657 (Mad.) allows depreciation on machineries kept

T.C.i. Finance Ltd. Vs. Asstt. Cit, Range 3

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (2004)91ITD573(Hyd.)

which involve the following issues:- Inclusion in the total income of the sum of Rs. 1,23,59,180 being unrealized finance charges on hire purchase agreements (Rs. 24,00,077), unrealized lease rentals (Rs. 97,50,771) and unrealized interest (Rs. 2,08,332) on … on non-receipt of any income, the assessee was competent to write off under' Section 36 of the Income-tax Act, 1961, as bad debts after actually writing off from the books of account; and the Prudential Norms issued