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L.H. Sugar Factories Ltd. and ors. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Service Tax

Reported in : (2004)(93)ECC224

But the appeals cannot be closed on the above basis in view of subsequent amendment brought under the Finance Act 2003 with retrospective affect. These provisions will have effect for the period from 16.7.97 to 16.10.98 Following are the … of refund already granted consequent to the judgment of the Supreme Court in Laghu Muddying Bart. Provisions of Section 115 of the Finance Act 2000 was made retrospective from 16.7.97. Thus, Service Tax became payable on services rendered

Commissioner of Central Excise, Raipur Vs. M/S. Lloyd Tar Products

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi

Subject : Service Tax

judgment of L H Sugar Factories, the Tribunal has taken note of all the amendment carried out by Finance Act, 2003 introducing amendment in section 73. 8. In view of the above, as the issue stand settled till the … terms of section 73 of the Finance Act, 1994. Admittedly said notice stand issued after retrospective amendment vide section 115 and 117 of the Finance Act, 2000 by invoking the longer period of limitation. It may not be

Godrej and Boyce Manufacturing Co.Ltd. Vs. Dy.Commr. of I.T.Mumbai and ...

Court : Supreme Court of India

Subject : Land Acquisition

provisions of Section 10(33) of the Act [engrafted as Section 10(34)]. and Section 115-O were reintroduced by the Finance Act, 2003 with effect from 1st April, 2003. It is, therefore, argued that both the Sections 10(33) and Section 115-O

The Commissioner of Income Tax-9 Vs. Ajanta Pharma Ltd.

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10, 10A, 10B, 15JB, 80HHC, 80 HHC(1), 80 HHC(1A), 80 HHC(1B), 80HHC(3), 80HHC(3A), 80HHC(4), 80HHC(4A), 80HHC(10), 80HHD, 80HHD(3), 80HHG, 80HHE, 80HHF, 115(JB), 115J, 115J(2), 115JA, 115JA(1), 115JA(2), 115JB, 115JB(2), 115JD and 2888(2); Finance Act, 1996; Finance Act, 1997; Finance Act, 2000; Finance Act, 1987; Direct Tax Laws Amendment Act, 1989; Companies Act, 1956

Reported in : 2009(111)BomLR1905; (2009)223CTR(Bom)441; [2009]318ITR252(Bom); [2009]180TAXMAN494(Bom)

80 HHC as contended on behalf of the assessee. Section 80 HHC Sub-section 1B was introduced by the Finance Act with effect from 1.4.2001 so as to phase out the deduction completely by assessment year 2005- 06. Section … in approving the Order of the CIT(A) in allowing Respondent to exclude export profits for the purpose of Section 115 JB at the figure other than that allowed under Section 80 HHC (1B)?2. Whether in law for the … thereof for an assessment year beginning on the 1st day of April, 2003;(iv) thirty per cent thereof for an assessment year beginning on the 1st

Godrej and Boyce Mfg.Co.Ltd. Mumbai. Vs. Commissioner of Income Tax,

Court : Mumbai

Subject : Income Tax

Acts : Income Tax Act, 1961 - Section 14A(1)(2)(3); Income Tax Act, 1922 - Section 8; Finance Act of 2001 - Section 14A; Finance Act 1997 - Section 10(33)

and Section 115R.28. Now, Subsection (1) of Section 115O prior to its substitution by the Finance Act of 2003 with effect from 1 April 2003, provided as follows :"(1) Notwithstanding anything contained in any other provision of … form part of the total income under the Act. Section 14A was introduced by an amendment to the Finance Act of 2001 with retrospective effect from 1 April 1962. Subsections (2) and (3) were inserted by the Finance … Assessment Year 200203 income by way of dividend referred to in Section 115O was not to be included in computing the total income of any

Modi Zerox Ltd. Vs. Cit Meerut

Court : Allahabad

Subject : Direct Taxation

liability aforesaid, be computed with reference to the rate of exchange specified therein." 10. After the substitution by Finance Act, 2002 w.e.f. 1.4.2003 the position is quiet different." Shri Shambhu Chopra appearing for the revenue submits that Section … 734/-, with brought forward losses under various heads amounting to Rs. 8, 36, 62, 936/-. The income under Section 115-J of the Act was declared at Rs. 7, 66, 47, 675/-. The assessment was made under Section 143

West End Hotel (P) Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Section 115-O for the year under consideration particularly when the levy of surcharge was expressly provided by the Finance Act, 2000 with effect from 1-4-2000.12. The facts in brief are that the assessing officer passed an order under

Bangalore Electricity Supply Company Limited and Others Vs. Tata Power ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

Subject : Education

V. Union of India. 5. The relevant provisions under Section 115 JAA of the Act, introduced by the Finance Act, 1997 w.e.f. 1.4.1997 i.e. applicable for Assessment Years 1997-1998 and onwards, governing the carry forward and set-off of … Surendra Kumar, Judicial Member. 1. This is an Appeal filed under Section 111 of the Electricity Act, 2003 against the Order dated 10.10.2013 passed by the Karnataka Electricity Regulatory Commission (hereinafter called the State Commission) in

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

by the assessee. Sub-clause (iii) of Section 271(1)(c) has been amended by Finance Act, 2002 w.e.f. 1st April, 2003, and by the amendment the words "in addition to tax payable" have been replaced by the words "in … 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 … 85 ITD 167 (Jp)(TM) (iii) Shivram Art Processors v. Asstt. CIT (2001) 115 Taxman 320 (Ahd)(Mag) (v) Shri Khedut Sahakari Khand Udyog Mandli v. ITO,

Macintosh Finance Estates Ltd. Vs. Additional Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Tribunal order in this case was passed on 14-1-1999 whereas Section 14A was inserted with retrospective effect by Finance Act, 2001 and hence Section 14A was not available before the Tribunal. In view of above discussion, we set … and since dividend has been made exempt under Section 10(33) from 1-6-1997 being the date from which Section 115-0 was inserted by the Finance Act, 1997. Once we find that interest expenses is an allowable expenditure under