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Agricultural Produce Market Committee, Narela, Delhi Vs. Commissioner ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(1), 10, 10(20), 10(26AAB) and 260A; Finance Act, 2002; Cantonments Act, 1924 - Sections 3; General Clauses Act, 1897 - Sections 3(31); Delhi Agricultural Produce Marketing (Regulation) Act, 1998 - Sections 5, 22(1), 22(2), 62 65, 88, 88(1), 88(2) and 88(3); Delhi Development Act, 1957; Payment of Bonus Act, 1965 - Sections 32; Constitution of India (Seventy-third Amendment) Act, 1992; Constitution of India (Seventy-fourth Amendment) Act, 1992; Constitution of India - Articles 243, 243P, 243 and 243ZF

Reported in : (2008)218CTR(SC)433; [2008]305ITR1(SC); JT2008(10)SC17; 2008(11)SCALE540; (2008)9SCC434; 2008AIRSCW6285; 2008(6)Supreme520; 2008(11)SCALE540

the 1961 Act prior to its amendment by Finance Act, 2002 w.e.f. 1.4.03.10. Prior to the amendment by Finance Act, 2002, Section 10(20) of the Income-tax Act, 1961 provided as under:CHAPTER IIIINCOME WHICH DO NOT FORM PART OF TOTAL INCOMEIncomes … the fact that the Government exercises control, does not take away the statutory power of the appellant(s) under Section 62 of the 1998 Act.14. Learned Counsel next contended that it is true that the words 'other authority' appearing

Morarjee Goculdas Spg. and Wvg. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2005)98TTJ(Mum.)201

Act or else the proceedings in question would not have arisen. In relation to the insertion by the Finance Act, 2002, in the provisions of Section 158B(b) with retrospective effect from 1st July, 1995, the learned Counsel for the

Commissioner of Income Central Ii Vs. Suresh N. Gupta

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 4, 4(1), 32, 32(2), 68, 69, 69A, 69B, 69C, 112, 113, 115A, 115AB, 115AC, 115ACA, 115AD, 115B, 115BB, 115BBA, 115E, 115JB, 132, 132A, 132B, 139, 139(1), 142, 142(1), 143, 143(1B), 143(2), 143(3), 144, 147, 148, 158B, 158BA, 158BA(1), 158BA(2), 158BB, 158BB(1), 158BC, 158BH, 161, 161(1A), 164, 164A, 167B, 245D and 245D(4); Finance Act, 2001 - Sections 2(1), 2(2) and 2(3); Finance Act, 2002 - Sections 113; Finance Act, 1995; Constitution of India - Articles 269, 270 and 271

Reported in : (2008)214CTR(SC)274; [2008]297ITR322(SC); JT2008(1)SC208; 2008(1)SCALE99; (2008)4SCC362; 2008AIRSCW1066

respect of the search carried out on 17.1.2001; secondly, whether the proviso inserted in Section 113 by the Finance Act, 2002 is clarificatory?Whether Finance Act, 2001 was applicable to block assessment under Chapter XIV-B up to 1.06.2002:5. Chapter XIV-B

Star India (P) Ltd. Vs. Cce

Court : Supreme Court of India

Subject : Direct Taxation

Reported in : (2006)201CTR(SC)63; [2006]280ITR321(SC); (2005) 7 SCC 203

was to make an agent, such as the appellant, liable to pay service tax as broadcaster. A validation section was introduced, in the Finance Act, 2002, which reads as follows (see (2002) 255 ITR 62) :'Any action … appealed before the Commissioner (Appeals). While the appeal was pending, the Finance Act, 2001, was amended by the Finance Act, 2002. The effect of the amendment, inter alia, was to make an agent, such as the appellant, liable to

The Income Tax Officer, Vs. Urban Improvement Trust

Court : Supreme Court of India

Subject : Direct Taxation

is a local authority within the meaning of Explanation to Section 10(20) of the I.T. Act, 1961”?.14. By Finance Act, 2002, Section 10(20) of the I.T. Act was amended by inserting an Explanation w.e.f. 01.04.2003. Section 10(20) as amended by … exercise, perform and discharge such duties, powers, functions and responsibilities.” 25. Section 61 provides for the Improvement Fund. Section 62 empowers the Trust to levy betterment charges. Section 63 provides for assessment of betterment charge and Section 64

Bhawaralal (Huf) Vs. Assistant Commissioner of Income Tax

Court : Karnataka

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1998 - Sections 86 to 98, 90(1), 90(2) and 96(1); Income Tax Act, 1961 - Sections 143; Constitution of India - Article 14

Reported in : (2008)219CTR(Kar)300; [2009]177TAXMAN541(Kar); 2008(5)AIRKarR46(DB)

receipt of Rs. 16,85,000 by co-owners, contrary to instruction dt. 26th Nov., 1998 issued under Section 96(1) of Finance Act (No. 2) of 1998/KVSS, 1998, which is binding on Revenue. (vide Annex. 'E'--page) (1999) 151 CTR (St) 71 … the CIT, the appeals of the assessee before the Tribunal were dismissed as withdrawn as on 30th Aug., 2002. However, the appeals of the Revenue, which were also pending, were not withdrawn.7. At the hearing of the … Rs. 42,68,642. Whereas the estimation framed by the DVO was at Rs. 62,27,795. Therefore, Rs. 19,59,150 was treated as unexplained income, equally in the hands

Ram Nath Jindal Vs. Cit

Court : Punjab and Haryana

Subject : Direct Taxation

Reported in : (2001)170CTR(P& H)251

has not been claimed by the assessee. This position is further obvious from the fact that in the Finance Act, 2001, Explnation 5 has been inserted in section 32(1)(ii) with effect from 1-4-2002. It has been inter alia … briefly noticed.Mr. Ram Nath Jindal had purchased truck No. HRN 345 in the assessment year 1978-79 for Rs, 62,000. He had sold for Rs. 64,300 and claimed depreciation @ 30 per cent. This claim was allowed. From

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 … ―legally unsustainable‖. ―False‖ or ―falsehood‖ refers to element ITA No.169/2005+connected appeal Page 62 of 77 of mens rea or bad mental intention and would not … 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 … ―legally unsustainable‖. ―False‖ or ―falsehood‖ refers to element ITA No.169/2005+connected appeal Page 62 of 77 of mens rea or bad mental intention and would not … 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

M/S. Vikash Trading Company, Represented by Its Proprietor, C.S. Bohar ...

Court : Chennai

Subject : Education

for obtaining its opinion, as per Section 21 of the Competitoin Act, 2002. It had been stated that Section 62 of the Competition Act, 2002, makes it clear that the provisions of the said Act shall be in … of the passing of the Final Findings. While so, the Ministry of Finance had imposed provisional Anti-Dumping Duty, by issuing Customs Notificaiton No.32/2012-Customs (ADD), dated … render the Final Findings, without referring the matter to the Competition Commission, under the provisions of the Competition Act, 2002, cannot be held to be valid in the eye of law. The issuance of the Disclosure Statement, by