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Assistant Commissioner of Income Vs. Suretech Hospital and Research

Court : Income Tax Appellate Tribunal ITAT Nagpur

Subject : Direct Taxation

Reported in : (2006)104TTJ(Nag.)869

learned Counsel. Respectfully following the judgments cited above and Expln. 4 to Section 271(1)(c) which was amended by Finance Act, 2002, I am of the opinion that the said amendment is applicable from 1st April, 2003. The provisions … by the AO. In respect of creditors mentioned at serial Nos. 1, 2, 3, 4, 6, 7 and 10 of the above table, an amount aggregating to Rs. 2,80,000 was treated as income of the assessee under

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

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

The Commissioner of Income Tax Vs. Godaveri (Mannar) Sahakari Sakhar K ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 28, 36, 36(1), 43, 43B, 43(2), 139(1) and 145; Provident Funds Act; Finance Act, 2000; Finance Act, 2003 - Sections 21 and 43B; Finance Act, 1983; Finance Act, 1987; Finance Act, 1989

Reported in : (2007)109BOMLR2273; (2007)212CTR(Bom)384; [2008]298ITR149(Bom)

contention to the construction that should be given. Consequent to the deletion of the proviso by to the Finance Act, 2003.4. Section 43B was inserted by the Finance Act 1983 with effect from 1st April 1984. The two provisos … was not curative and consequently it cannot be said that the amendment is retrospective - Appeal allowed - Section 10: [Swatanter Kumar, C.J., A.P. Deshpande & Smt. Nishita Mhatre, JJ] Admission to professional colleges - Technical courses -

C.I.T and Anr Vs. M/S Yokogawa India Ltd.

Court : Supreme Court of India

Subject : Direct Taxation

to the aforesaid amendment and the provisions of Section 10A of the Act, as further amended by the Finance Act, 2003 with retrospective effect from 1.04.2001 may be conveniently set out below.5. Section 10A of the Act, as it … in all the special leave petitions.2. The true and correct meaning and effect of the provisions of Section 10A of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) is the principal issue arising for

Jct Ltd. Vs. Deputy Commissioner of Income Tax and anr.

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10(2), 35, 36(1), 37, 43 and 43(1); ;Finance Act, 1986; ;Finance Act, 2003; ;Companies Act, 1948 - Section 65

Reported in : (2005)194CTR(Cal)509,[2005]276ITR115(Cal)

36(l)(iii) or 37 cannot be claimed which stands clarified by the insertion of the proviso therein under the Finance Act, 2003. As such the assessee cannot claim any benefit of Section 36(l)(iii) or Section 37 in this case. The … in respect of capital borrowed for the purpose of business is concerned, the same was deductible under Section, 10(2)(iii). While proceeding to determine the question, the apex Court had warned that the Court has to bear in

Saint-gobaIn Glass India Ltd. and anr. Vs. Union of India (Uoi) and or ...

Court : Delhi

Subject : Customs

Acts : Companies Act, 1956; Customs Tariff Tax, 1975 - Sections 8B, 8C, 8C(2) and 8C(6); Finance Act, 2003; Customs Tariff (Transitional Product Specific Safeguard Duty) Rules - Rules 1, 2, 3, 4, 4(5), 5, 5(2), 5(3), 5(4), 6, 6(2), 6(3), 6(4), 6(5), 6(7), 6(8), 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17; Constitution of India - Articles 14, 309 and 311(2)

Reported in : 2009(166)LC71(Delhi); 2009(240)ELT495(Del)

available to the Government of India. A specific provision i.e., Section 8C was introduced in the Act by Finance Act, 2003 w.e.f. 11.05.2002 in respect of specific safeguards duty with regard to imports from China. Under Sub-section (6) of … the Central Government, in exercise of its powers under Section 8C (2) of the Act, read with Rules 10 and 14, upon consideration of the findings of the Director General, decided to impose a provisional duty at

Cit Vs. Kei Industries Ltd.

Court : Delhi

Subject : Direct Taxation

and, inter alia, Chapter III. The Court then took note of the retrospective amendment in 2003: ―13. The Finance Act, 2003 made significant changes both with prospective and retrospective effect from the assessment year 2001-2002. The significant retrospective amendment … the contemplation of the Legislature. Sub-section (7) of section 10B provides that the provisions of sub-section (8) and sub-section (10) of section 80-IA shall, so far as may be, apply in relation to the undertaking referred to in

Swarup Vegetable Products Indus. Vs. Jt. Commissioner of Income-tax,

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2005)93ITD279(Delhi)

raised by the learned counsel for the assessee is with regard to the amendment in Section 43B by Finance Act, 2003 through which the second proviso which lay down the period in which the P.F. and E.S.I. are to

Commissioner of Income Tax Vs. Monnet Industries Ltd.

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 36(1), 143(1), 143(2) and 260A; Finance Act, 2003; Indian Income Tax Act, 1922 - Sections 10(2)

Reported in : (2009)221CTR(Del)266; [2009]176TAXMAN81(Delhi)

with the proviso in the present case which was inserted in Section 36(1)(iii) of the Act by the Finance Act, 2003 w.e.f. 01st April, 2004 The year under consideration in this appeal, is assessment year 1996-97.5.3 In ascertaining whether … borrowing was made 'for the purposes of the business' to bring the case within the ambit of Section 10(2)(iii) of the Indian Income Tax Act, 1922 (which is equivalent to Section 36(1)(iii) of the Act of 1961).

Arun Excello Foundations (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Chennai

Subject : Land Acquisition

Reported in : LC(2007)(3)269

by various Finance Acts as amended w.e.f. 1st April, 2000 by the Finance Act, 2000 and by the Finance Act, 2003 and as substituted by the Finance (No. 2) Act, 2004, the housing projects must be approved on or … 1(1), Chennai for the asst. yrs. 2003-04 and 2004-05 vide his both orders dt. 27th March, 2006 under Section 143(3) of the IT Act, 1961 (hereinafter called "the Act"). Since the issue is found to be common, … of the important conditions contained in the said section. Furthermore, construction of 100 per cent residential area in the said projects is an implied condition