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M/S Wipro Limited Vs. The Deputy Commissioner of Income Tax

Court : Karnataka

Subject : Direct Taxation

of income tax in both the countries was sine qua non. However, by the amendment made by the Finance Act 2003, the benefit of granting the relief was extended to even in respect of income tax chargeable under the … its directors. The directors of the company were entitled for commission - 102 - on the services rendered on the basis of percentage of profit … …RESPONDENT (By Sri E.R.Indrakumar, Senior Counsel for Sri K.V.Aravind, Adv.) - 2 - This I.T.A. is filed under Section 260-A of I.T.Act, 1961 arising out of order dated 30.05.2008 passed in ITA No.468/BNG/2006, for the assessment year

Assistant Commissioner of Income Vs. Asea Brown Boveri Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2007)11TTJ(Mum.)502

that the provisions of Section 43B are applicable, then, by virtue of the amendments brought about by the Finance Act, 2003, the deduction for Rs. 95,50,940 ought to be allowed inasmuch the Special Bench of this Tribunal in Kwality … be allowed inasmuch the Special Bench of this Tribunal in Kwality Milk Foods Ltd. v. Asstt. CIT (2006) 102 TTJ (Chennai)(SB) 1 : (2006) 100 ITD 199 (Chennai)(SB) has taken the view that the deletion of the

Deputy Commissioner of Income Tax Vs. Padam Prakash (Huf)

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2006)104TTJ(Delhi)989

care of by insertion of Clause (c) to Sub-section (5). The said clause no doubt was inserted by Finance Act, 2003 w.e.f. 1st April, 2004, but it has to be taken to be declaratory in character. In a given … of the Special Bench of Tribunal, Mumbai in the case of Dy.CEP v. Oman International Bank SAOG (2006) 102 TTJ (Mumbai)(SB) 207 : (2006) 100 ITD 285 (Mumbai)(SB). It was further requested that above said contention and

Suhag Traders (P) Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2008)114TTJ(Delhi)116

normal aids to construction, it cannot be said that because the second proviso has been omitted by the Finance Act, 2003 Section 43B is also now covered by the first proviso. In interpreting statutory provisions, the Court also considers the … the Special Bench of Tribunal, Chennai in the case of Kwality Milk Foods Ltd. v. Asstt. CIT (2006) 102 TTJ (Chennai)(SB) I : (2006) 100 ITD 199 (Chennai)(SB). Therefore, the entire payment of EPF and ESI made

Mahanagar Telephone Nigam Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2006)100TTJ(Delhi)1

144 : (2005) 92ITD 1 (Del) where it has been held that the amendment carried out by the Finance Act, 2003 is clarificatory in nature. After the amendment no disallowance for late payment can be made even if the … April, 1986. The DoT in exercise of the power of the Central Government conferred under Sub-section (2) of Section 4 of the Indian Telegraph Act, granted licence vide letter No. 1-101/85-MTAC/PHB, dt. 27th March, 1986, to establish, … 5494367534 1248560000 --1995-96 6406848436 1479535200 --1996-97 7613826534 1986802200 --1997-98 8822542428 2347015500 --1998-99 10239976824 2711091600 --1999-00 110911893393 3066066000 --2000-01 10504170000 3288550000 --2001-02 11316630000 3615300000 --2002-03 7335090000

Honeywell International (India) Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2007)108TTJ(Delhi)924

the profit of the other unit/business, if any, as per Section 70 of the Act.Prior to amendment by Finance Act, 2003 with retrospective effect from 1st April, 2001, provision of Sub-section (6) of Section 10A of the Act provided … the decision of Tribunal, Bangalore Bench in the case of Mindtree Consultants (P) Ltd. v. Asstt. CIT (2006) 102 TTJ (Bang) 691.4. The learned Departmental Representative on the other hand, strongly relied upon the appellate order.5. We

Commissioner of Income Tax Vs. Nexus Computer (P) Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Finance Act, 2003; Income Tax Act, 1961 - Sections 36(1), 43B and 143(1); Constitution of India - Article 141

Reported in : (2008)219CTR(Mad)54; [2009]313ITR144(Mad); [2009]177TAXMAN202(Mad)

delayed even though the payment tendered before the due date. Having regard to this unintended hardship, by the Finance Act, 2003, in the first proviso to Section 43B the words, brackets and letters referred to Clause (c) or Clause … Milk Foods Ltd. v. Asstt. CIT made in ITA No. 856/Mad/2006, dt. 16th March, 2006 reported at (2006) 102 TTJ (Mad) 1, wherein, it was held thus:34. We have considered the entire conspectus of the case. As

Ms Md Overseas Limited Vs. Director General of Income Tax and Others

Court : Allahabad

Subject : Criminal

Acts : Income Tax Act, 1961 - Section 132(1) clauses (i) to (v), 127, 147; SEZ Act - Section 22; Income Tax Rules, 1962 - Sub-Rule (2) of rule 112; Code of Criminal Procedure (CrPC) , 1973 - section 132(1) or (1A). 165; RTI Act - Section 24; Evidence Act - Section 75, 123, 125; Constitution Of India - Article 21

Chapter XIV-B. (v) A flat rate of tax at 60% was charged for the block period. Changes by Finance Act 2003 (vi) The aforesaid procedure was again changed by the Finance Act 2003. Now, the procedure for assessment in … that they were shown to the counsel for the petitioner before arguments. 102. In the Takshila-Society case, a part of material was disclosed in the … 1. The main question involved at this stage of the case is, if a search under section 132 of the Income Tax Act, 1961 (the IT Act) is challenged on the ground that information leading

Deputy Cit, Central Circle-v, Vs. Nahar Spinning Mills Ltd.

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Subject : Direct Taxation

Reported in : (2006)8SOT6(Chd.)

under section 143(1) as not having been paid towards advance-tax. Section 234D, which has been incorporated by the Finance Act, 2003 with effect from 1-6-2003, is on a different field, i.e., interest on excess refund. In our considered view,

ito Vs. Roop Singh

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

care of by insertion of Clause (c) to subsection (5). The said clause no doubt was inserted by Finance Act, 2003 with effect from 1-4-2004, but it has to be taken to be declaratory in character. In a given … or unjust, beneficial or mischievous. [Cooke v. Charles A. Vogeler Co.(1901) AC 102; Cape Brandy Syndicate v. IRC (1921) 1 KB 64/12 Tax Cases 358]. … order of Commissioner (Appeals) dated 19-9-2005 for the assessment year 2000-01, in the matter of order passed under Section 271B/44AB of the Income Tax Act, 1961, wherein following grounds have been raised: (1) On the facts and