Advanced Search Results

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 … out that the aforesaid proviso was introduced to remove hardship caused to certain tax payers (1989) 176 ITR 124. The relevant note read as under:Under the existing provisions of Section 43B of the Income-tax Act, it is

Commissioner of Cen.Excise, Mumbai.iii and Another Vs. M/S. Ceat Ltd. ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Service Tax

for payment of BED by an amendment of Explanation to rule 3 of CCR. By Section 88 of Finance Act 2004, this Explanation was retrospectively amended to prohibit use of credit of AED (GSI) earned prior to 1.4.2000 … payment of duty and used for payment of duty following the amendment of Cenvat Credit Rules under Budget 2003. Vide Circular No. 7/16/2003- CX dated 6.3.03, the CBEC had also clarified that it was considered appropriate not

Kwality Milk Foods Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (2006)100ITD199(Chennai)

has constituted this Special Bench to consider the following question: Whether amendment in proviso to Section 43B by Finance Act, 2003 could be construed to be curative, as such retrospective in nature? 2. We have heard the rival submissions … from the due date.11. As per the memorandum explaining the provisions in Finance Bill, 1989 [176 ITR (St.) 124], the aforesaid proviso was introduced to remove hardship caused to certain taxpayers. The relevant note is reproduced here

CEAT Limited Vs. The Commissioner of Central Excise Mumbai-III

Court : Mumbai

Subject : Service Tax

utilization of AD(GSI) credit only when such duty was paid on or after 1st April, 2000. Further, by Section 124 of the Finance Act, 2005, the law was amended providing for cenvat credit of AD(GSI) leviable and paid … of AD(GSI), towards payment of basic and special excise duty on finished products. By Section 88 of the Finance Act, 2004, the cenvat credit rates were retrospectively amended so as to restrict the utilization of AD(GSI) credit only … of AD(GSI) on the finished products. However, with effect from 1st March, 2003, the Cenvat Credit Rules were amended, so as to provide for utilization

M.i. Builders Pvt. Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Lucknow

Subject : Direct Taxation

Reported in : (2008)117TTJLuck42

the appellant's income of AY. 97-98 being the "advance" received by the appellant from M/s Skymoon Plantation & Finance Ltd against the booking of the office space in its building. New Janpath Complex. Ashok Marg. Lucknow which … doctrine of estoppel does not apply against the statue the (i.e. I.T Act in the appellant's case) and consequently the notice Under Section 148 dated … Lucknow. The assessee filed its returns of income for assessment years 2002-2003, 2003-2004 and 2004-2005 with the Addl. CIT, Range-1, Lucknow. These returns were duly … the period 24.10.02 to 03.03.04 and order of which was on 23.3.04 assessee never challenged the jurisdiction Under Section 124(3)(a). Hence during the assessment proceedings the jurisdiction was vested with the ACIT Range-IV. Lucknow and therefore on date

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 … the head of the department concerned, who shall give or withhold such permission as he thinks fit. 66. Section 124 of the Evidence Act is titled as 'Official communications'. It provides that no officer shall be compelled to

Vodafone International Holdings B.V., a Company Incorporated Under the ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 1(2), 2, 2(17), 2(23A), 2(31), 2(37), 2(47), 4, 4(1), 4(2), 5(2), 9, 9(1), 23(1), 23(3), 24, 26, 64, 64(2), 173, 191, 192(1A), 194, 194C(1), 195, 195(1), 195(2), 195(3), 197, 199, 200, 201, 203A, 221, 221(1), 201(1A), 245S, 246A and 271C; Foreign Contribution Regulation Act; Indian Official Secrets Act; Constitution Act; Information Technology Act; Indian Passport Act; Indian Income Tax Act, 1922 - Sections 18, 19 and 42; Finance Act, 2008; Indian Telegraph Act, 1885; MRTP Act - Sections 33; Finance Act, 2002 - Sections 201; Companies Act; Income Tax (Amendment) Act, 2008 - Sections 191 and 201; Income Tax (Amendment) Act, 2002; Income Tax (Amendment) Act, 2003; Income Tax Rules - Rules 30 and 31A, 41E; Constitution of India - Articles 14, 19(1

Reported in : 2009(4)BomCR258; (2008)220CTR(Bom)649; [2009]311ITR46(Bom)

that the liability was extended not by way of clarification but by way of a amendment to the Finance Act with retrospective effect. It is well established that while it is permissible for the Legislature to retrospectively legislate, … The words 'referred to in Section 200' were inserted after 'such person'. A consequent amendment was made in 2003 by the addition of the Explanation to Section 191).iii. Failure to deduct or to withhold tax is visited

Hindustan Coco-cola Beverage(P) Ltd. Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Service Tax

23.12.2002. Pursuant to the said Notifications, certain benefits were availed of by the assessees. At that juncture, The Finance Act, 2003 (for brevity “the Act”) was brought into force and by virtue of Section 153 of the Act certain

Jagatdal Jute and Industries Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2004)1SOT210(Kol.)

the return of income for the year, is unsustainable in law particularly in view of amendments, introduced by Finance Act, 2003 in section 43B of Income Tax Act, 1961, which are to be treated as having retrospective effect covering

Atlas Copco (India) Ltd. Vs. V.S. Samuel, Assistant Commissioner of In ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 36(1), 80HHC, 124(3), 142(2A) and 143(2); Companies Act

Reported in : (2006)202CTR(Bom)361; [2006]283ITR56(Bom)

of the impugned order under Section 142(2A). The learned counsel relied upon the following judgments : Peerless General Finance & Investment Co. Ltd. and Anr. v. Dy. CIT and Ors. : [1999]236ITR671(Cal) , West Bengal State Co-operative … has abdicated his duty and the said directions are beyond the scope of Section 142(2A) of the IT Act, 1961.4. On the other hand, Mr. Kotangale, the learned counsel appearing for the Revenue supported the order.5. We … petitioner for a special audit under Section 142(2A) for the asst. yr. 2003-04. The order is challenged on the following grounds :(i) The Asstt. CIT, … Pune. As a matter of law, it could not have been. Section 124(3)(a) of the IT Act permits challenge to the jurisdiction of the AO,