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Commissioner of Income-tax Vs. Parmanand M. Patel

Court : Gujarat

Subject : Direct Taxation

Acts : Delhi Sales Tax Act, 1975 - Sections 56; ;Marriage Act 1955 - Sections 15(2); ;Finance Act, 2002; ;Income Tax Act, 1922; ;Constitution of India - Article 141; ;Karnataka Sales Tax Act, 1957 - Sections 22A; ;Income Tax Act, 1961 - Sections 2(43), 139(1), 139(2), 142(2A), 143(3), 148, 256(1), 263, 271, 271(1), 271A, 271B, 272A(2), 274 and 275; Income Tax Act, 1922 - Sections 3, 3(1), 7, 12, 12(3), 12(4), 12B (4), 13, 18, 18A, 22A and 28

Reported in : (2005)198CTR(Guj)641; [2005]278ITR3(Guj)

the Act, etc. 6.3 Inviting attention to the amendment made to Section 271(1) of the Act by the Finance Act, 2002 it was submitted that the said provision as it originally stood granted powers only to the Assessing Officer … AIR 2002 SCW 1504, the Apex Court once again enunciated the law in these words: 'xxx xxx Article 141 of the Constitution unequivocally indicates that the law declared by the Supreme Court shall be binding on all

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 … search." 19. In CIT v. Ravi Kant Jain (Delhi), (2001) 250 ITR 141, the Delhi High Court held that the special procedure of Chapter XIV-B … 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

Commissioner of Income Tax Vs. Zam Zam Tanners

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961- Sections 2(24), 17, 28, 41, 44, 45, 59, 80HHC, 139(1), 139(3), 143(1A), 143, 144, 147, 160(1), 256(2), 271, 271(1) and 280D; ;Taxation Laws (Amendment) Act, 1975; ;Finance Act, 2002 - Sections 271(1); ;Finance Act, 1993 - Sections 143(1A); ;Constitution of India - Article 141

Reported in : (2005)197CTR(All)221; [2005]279ITR197(All)

have been concealed or inaccurate particulars have been furnished.'Section 271(1)(c) of the Act has been further amended by Finance Act, 2002, by which Clause (iii) and Expln. 4 has been modified. After the amendment section reads as follows :'(iii) … the Taxation Laws (Amendment) Act, 1975, is applicable. The decision of the apex Court is binding under Article 141 of the Constitution of India.15. It may also be useful to consider the provisions of Section 143(1A) before

Mange Ram Mittal Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

assessing officer and relatable to such evidence appearing in Section 158BB(1) of the Act as substituted by the Finance Act, 2002 with retrospective effect from 1-7-1995." 2. In this appeal the assessee originally filed grounds of appeal running into … v. Dy. CIT ; CIT v. Rajendra Prasad Gupta ; CIT v. Ravi Kant Jain (2001) 250 ITR 141 (Delhi); Dr. Mrs. Alaka Gosivarni v. CIT ; CIT v. Purshottam Lal Tanirakar Vehehra support his contention that

K.l. Swamy Vs. The Commissioner Of Income Tax

Court : Supreme Court of India

Subject : Direct Taxation

the words “that Assessing Officer shall proceed” the words “under Section 158BC” was inserted w.e.f. 01.06.2002 by the Finance Act, 2002. It was contended that the amendment was specifically brought to cure the anomaly and the fact that it … Notes on Clauses and the memorandum explaining the said provision which is reported in (1999) 236 ITR (St) 141 and 187 are required to be considered and reproduced, which read as under: “Clause 63 seeks to amend

Cdc Carbolic (i) Pvt. Ltd. and C. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Subject : Excise

Reported in : (2004)(170)ELT212Tri(Chennai)

the judgments of the Hon'ble Supreme Court in the case of CCE Vs. Maruti Udyog Ltd. reported in 2002 (141) ELT 3 (SC) and in the case of CCE, Vs. Srichakra Tyres Ltd reported in 2002 (142) … of manufacture till 1.3.97 ie the date on which Chapter Note 5 to Chapter 38 was inserted vide Finance Act, 1997. Therefore the question of invoking the longer period upto 31.3.97 does not arise and thus the order … Central Excise Rules, 1944 read with the proviso to sub-section (1) of Section 11A of the Central Excise Act, 1944. (I allow adjustment of duty

Shri Saurabh Srivastava Vs. Dy Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : MRTP

Reported in : (2008)111ITD287(Delhi)

copy placed at pages 101 to 134 of the paper book).4.6. The Ld. AR submitted that subsequently, the Finance Act, 2002 inserted clause (va) in Section 28 of the Act w.e.f. 1.4.2003, as per which the receipts of the … Hon'ble Punjab & Haryana High Court in the case of CIT v. Om Praksh Bidhi Chand, reported in 141 ITR 750, in support of the contention that powers of the Tribunal to pronounce upon the matter in

Shri Saurabh Srivastava Vs. Dy. Commr. of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : MRTP

copy placed at pages 101 to 134 of the paper book).4.6. The Ld. AR submitted that subsequently, the Finance Act, 2002 inserted Clause (va) in Section 28 of the Act w.e.f. 1.4.2003, as per which the receipts of the … Hon'ble Punjab & Haryana High Court in the case of CIT v. Om Praksh Bidhi Chand reported in 141 ITR 750, in support of the contention that powers of the Tribunal to pronounce upon the matter in

Peacock Industries Ltd., Vs. Budhrani Finance Ltd. and State of Mahara ...

Court : Mumbai

Subject : Commercial

Acts : Negotiable Instruments Act, 1881 - Sections 9, 138 to 147 and 165; Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 - Sections 138, 141, 142 and 143 to 147; Evidence Act - Sections 136, 141 and 142; The Banking, Public Financial Institutions and the Negotiable Instruments Laws (Amendment) Act, 1988 - Sections 138 to 142 and 143 to 149 ; Constitution of India - Articles 20(3), 226 and 227; Code of Criminal Procedure (CrPC) , 1973 - Sections 88, 204, 294, 296, 296(1), 296(2), 306, 307, 313, 315, 315(1), 316, 461 and 482

Reported in : IV(2006)BC302; 2006(5)MhLj162

Sabha on 24.7.2001.15. The Bill was referred to the Standing Committee on Finance which made certain recommendations in its report submitted to Lok Sabha in … the provisions of Section 145 of the Act, as amended by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002,(for short 'the amending Act of 2002') are applicable to the complaints under Section 138 of the Act pending … disposal of cases; to make the offences under the Act compoundable; to exempt those directors from prosecution under Section 141 of the Act who are nominated as directors of a company by virtue of their holding any office

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, … law of the land and binding upon the lower authorities under Art. 141 of the Constitution of India. He submitted that when an appeal is