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Dev Kumar JaIn Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2004)82TTJ(Delhi)703

this context, it was also slated that amendments to the provisions governing capital gains as effected by the Finance Act, 2002 substituting Section 50C to provide for assessment at circle rates. The argument put forward is that even today, … of the assessee stating that the case, law relied upon by the assessee related to the now defunct Section 52(2) whereas in the present context, the concept of fair market value for the purpose of capital gains derives

K.R. Palanisamy and ors. Vs. Union of India (Uoi) and ors.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24), 10, 44BBB, 44AC, 44AD, 45, 48, 50(2), 50C, 50C(2), 50C(3), 52(2), 53, 54, 54B, 54E, 54EA, 54EB, 54F, 54G, 54H and 206C; Finance Act, 2002; Stamp Act, 1899 - Sections 47A, 47A(1), 47A(5), 47A(10) and 75; Wealth Tax Act, 1957 - Sections 2, 16A(1), 16A(2), 16A(3), 16A(4), 16A(5), 16A(6), 23A, 23A(1), 23A(6), 23A(7), 24(5), 34AA, 35 and 37; Registration Act, 1908; Stamp (Tamil Nadu Amendment) Act, 1967; Rajasthan Sales-tax Act - Sections 4A; Constitution of India - Articles 14, 246 and 265; Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968 - Rules 4 and 5

Reported in : (2008)219CTR(Mad)323; [2008]306ITR61(Mad); [2009]180TAXMAN253(Mad)

J.1. In all these cases, the constitutional validity of Section 50C of the IT Act, 1961 introduced by Finance Act, 2002 with effect from the asst. yr. 2003-04 is questioned.2. The grounds of attack and argument made for and … Sanyasi Rao and Ors. (supra).20. Even in the case of K.P. Varghese v. ITO : [1981]131ITR597(SC) , Section 52(2) of the IT Act has not been struck down on this ground. But it was only directed to

R.K.M.Powergen Private Limited vs the Assistant Director

Court : Chennai

on 07.01.2015. Investigation was taken up under the provisions of 10 of 52 the Prevention of Money Laundering Act, 2002 (Act 15 of 2003) [hereinafter referred to as 'PMLA']. The ED came to a prima facieconclusion that there … would provide adequate coal supply, it would migrate to the captive coal mining system. Simultaneously, RKMP approached M/s.Power Finance Corporation Limited, a5 of 52Government of India undertaking, for a project appraisal. The Power Finance Corporation also issued … Certiorari, to call for the records and to quash the order under Section 17(1-A) of the PMLA 2002 dated 31.01.2025 freezing the fixed deposits on

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 … (1989(39) ELT 169 (S.C.) (g) Indus Towers Ltd. Vs. CTO, Hyderabad, ((2012) 52 VST 447), (VIII) That it is impossible to conceive that the telecommunication

Commissioner of Income Tax, Central-1, New Delhi Vs. Shailendra Mahto

Court : Delhi

Subject : Direct Taxation

Sections 158B clause (b), 158BA, 158BB, 158BC and 158BD of the Act. The said provisions post amendment vide Finance Act, 2002 with retrospective effect from 1 st July, 1995, read as under:“Section 158B. In this Chapter, unless the context … that in that account, Rs. 46 lacs was deposited in the year 1993 which may be around Rs. 52 lacs on the date of statement after including interest and this money is belonging to the party, i.e.,

Binani Industries Limited Vs. Assistant Commissioner of Commercial Tax ...

Court : Karnataka

Subject : Sales Tax

Acts : Constitution of India - Articles 142 and 304; Karnataka Sales Tax Act, 1957 - Sections 3, 3(1), 3(2) 3A, 5(1), 5(3), 5(5), 5(6), 5C, 6, 6(2), 12A, 21 and 22A; Karnataka Sales Tax (Amendment) Act, 1985 - Sections 5C; Karnataka Sales Tax (Amendment) Act, 1992 - Sections 5C ;Karnataka Taxation Laws (Amendment) Act, 1996 - Sections 6(2); Karnataka Sales Tax Rules - Rule 6(4); Income Tax Act, 1961 - Sections 52(2) and 119; ;Customs Act, 1962; Central Excise Act, 1944 - Sections 37B; ;Finance Act, 1964; Karnataka Taxation Laws (Second Amendment) Act - Sections 6(2); Customs Act, 1985 - Sections 151A

Reported in : [2006]145STC24(Kar)

:The understanding of the law at the earliest point of time of its enactment cannot be ignored. The Finance Act, 1964, amended Section 52(2) of the Income-tax Act, 1961 : this was understood in a particular manner by … binding upon the Revenue. (emphasis supplied by us)14. Collector of Central Excise, Vadodara v. Dhiren Chemical Industries : 2002ECR800(SC) .The issue involved in these appeals is covered by the decision of a Constitution Bench in Collector of

Smt.B.Jayalakshmi vs the Deputy Commissioner of

Court : Chennai

Act.36. As a sequitur to the deletion of Section 10(33) from the Act with effect from 01.04.2003 vide Finance Act, 2002, Section 115(o) of the Act was also amended by the Finance Act, 2002 with effect from 01.04.2003.37. Thus, when

IAE International Aero Engines AG, Represented herein by its Attorney, ...

Court : Karnataka

Subject : Education

on 26/03/2012. Company Petition No.121/2012 and Company Petition No.122/2012 - RRPF Engine Leasing Limited and Rolls-Royce and Partners Finance Limited Vs. UBHL. 24. The petitioner - Company (in Co.P.No.121/2012) incorporated under the Laws of England is engaged … - Company, UBHL, under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement Security Interest Act, 2002 ('SARFAESI' Act) and the representations and objections filed by the Respondent - UBHL, were rejected by the said … (Prayers: This Company Petition is filed under Section 439(1)(b) r/w Sections 433(e), 433(f), 434 and 450 of the Companies Act, … and pro-rata distribution amongst the secured and unsecured creditors as per Section 529, 529-A and other relevant provisions of the Indian Companies Act, 1956. 20.

Commissioner of Income Tax vs.m. S. Aggarwal

Court : Delhi

Subject : Direct Taxation

the AO and relatable to such evidence.‖ The expression ―relatable to such evidence‖ has been inserted by the Finance Act, 2002 retrospectively w.e.f. 1.7.1995. A bare reading of this provision would indicate that undisclosed income has to be computed … sub-section (1) or subsection (1-B) of Section 143. ITA No.169/2005+connected appeal Page 52 of 77 (2) In computing the undisclosed income of the block period, … MS. JUSTICE PRATHIBA M. SINGH ITA No.169/2005+connected appeal Page 1 of 77 SANJIV KHANNA, J.: Afore-stated appeals under Section 260-A of the Income Tax Act, 1961 (‗Act‘ for short) have been preferred by the Revenue, the Commissioner

The Commissioner of Income Tax vs.m. S. Aggarwal

Court : Delhi

Subject : Direct Taxation

the AO and relatable to such evidence.‖ The expression ―relatable to such evidence‖ has been inserted by the Finance Act, 2002 retrospectively w.e.f. 1.7.1995. A bare reading of this provision would indicate that undisclosed income has to be computed … sub-section (1) or subsection (1-B) of Section 143. ITA No.169/2005+connected appeal Page 52 of 77 (2) In computing the undisclosed income of the block period, … MS. JUSTICE PRATHIBA M. SINGH ITA No.169/2005+connected appeal Page 1 of 77 SANJIV KHANNA, J.: Afore-stated appeals under Section 260-A of the Income Tax Act, 1961 (‗Act‘ for short) have been preferred by the Revenue, the Commissioner