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S.R. Batliboi and Co. Vs. Department of Income Tax (investigation)

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 69A, 131, 132, 132(1), 132(1A), 132(3), 132(13), 132(14), 133, 133(6), 139, 147 to 149, 151, 153, 153(2), 153A, 153B, 153C, 158BB, 158BD and 275B; Income Tax Rules - Rule 112(2); Chartered Accountants Act, 1949; Information Technology Act, 2000 - Sections 2(1); Finance Act, 2003; Stamp Act - Sections 73; Constitution of India - Articles 12, 14 and 19 and 226; Code of Criminal Procedure (CrPC)

Reported in : (2009)224CTR(Del)369; [2009]315ITR137(Delhi); [2009]181TAXMAN9(Delhi)

that the assessment must be completed within one year. Sections 153A, 153B and 153C were introduced by the Finance Act, 2003 with effect from 1.6.2003. In essence, Section 153A has in focus the 'case of a person where a … power to requisition books of account, etc. in Section 132-A; power to call for information as stated in Section 133. Section 133(6) deals with power of officers to require any bank to furnish any information as specified there.

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 … said decision of the Tribunal stand upheld by the Honble Supreme Court reported as [ 2005 (70) ELT 133 (SC)]. As such, by following the said decision of the Tribunal as upheld by Supreme Court in the

Muhammed A.a. Vs. The State Of Kerala

Court : Supreme Court of India

Subject : Land Acquisition

placed on the judgments of this Court in R.B.I. v. Peerless General Finance & Investment Co. Ltd.1, M/s. Dhanrajamal Gobindram v. M/s. Shamji Kalidas & … ultra vires the regulation making power of the Central Electricity Page 1 of 37 Authority under the Electricity Act, 2003 (for short “the Electricity Act”) and, therefore, void. The Petitioner- therein also sought for a declaration that the … or on account of being manifestly arbitrary?.2. Can the provisions of a scheme framed under Section 131 r/w Section 133(2) of the Electricity Act, 2003 offer any protection to officers / employees who do not possess the qualifications

The Chavassery Service Co-operative Bank Ltd. and ors. Vs. Income Tax ...

Court : Kerala

Subject : Direct Taxation

Acts : Kerala Co-operative Societies Act; ;Income Tax Act, 1961 - Sections 133(6) and 272A; ;Income Tax (Amendment) Act, 1995; ;Finance Act, 1995

Reported in : (2010)231CTR(Ker)404

The provision considered therein was Section 133(6) with amendments introduced particularly after the inclusion of second proviso vide Finance Act, 1995 w.e.f. 1st July, 1995. This Court held that the contentions of the cooperative societies that they do … Court in Karnataka Bank Ltd. v. Secretary, Government of India : (2002) 175 CTR (SC) 405 : AIR 2003 SC 2096 wherein the Supreme Court has held that the power to call for information can be exercised

Pr. Commissioner Of Income Tax Central 3 Vs. Abhisar Buildwell P. Ltd.

Court : Supreme Court of India

Subject : Direct Taxation

but failed to yield the desired outcome. Therefore, the same came to be replaced by another scheme by Finance Act, 2003. It is submitted that the salient features of the special procedure introduced in 2003 were as below: (i) … those pending assessments gets abated upon an initiation of a search under section 132 or a requisition under section 133, since the total income is to be assessed or reassessed again consequent to search or requisition. However, when

In Re: Hindustan Powerplus Ltd.;

Court : Authority for Advance Rulings

Subject : Direct Taxation

Reported in : (2004)192CTRAAR311

V. Palanivelrajan, Advs.for the CIT concerned Income Tax Act, 1961 - Section 2, 2(24), 9(1), 10(14) and 245N; Finance Act, 2003 CIT v. S.G. Pgnatale, (1980) 124 ITR 391 (Guj); CIT v. Goslino Mario and Ors., (2000) 241 ITR … resident but not an ordinarily resident in India.________________________________________________________________________________S. Accounting No. of days Mr. RemarksNo. year Thomas E.1. 2000-01 133 The technician was neither a resident nor an ordinarily resident in India.2. 2001-02 272 He was resident but

The A.C.i.T. Vs. Sh. A.R. Dahiya

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Subject : Land Acquisition

Reported in : (2004)89ITD377(Chd.)

has taken care of above situation by introducing Clause (c) to Sub-section (5) of Section 45 by the Finance Act, 2003 w.e.f. 1.4.2004. At present, we are not concerned with the application of above clause as the Court has … on decision of Hon'ble Supreme court in the case CWT v. Officer-in-charge (Court of Wards), Paigah, 105 ITR 133. She also placed reliance on the decision of Hon'ble Supreme Court in the case of CIT v. Gemini

imp Power Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2007)107TTJ(Mum.)522

of ESI Act, 1948, or any other fund, for welfare of the employees. Further, by amendment by the Finance Act, 2003, second proviso to Section 43B was deleted and the first proviso was amended. However, correspondingly, no change in … and Lufthansa Cargo (India) (P) Ltd. v. Dy. CIT (2005) 92 TTJ (Del) 837 : (2004) 91 ITD 133 (Del). The CIT(A) however, was of the view that the facts of the case relied upon by the

imp Power Ltd. Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

of ESI Act, 1948, or any other Fund, for welfare of the employees. Further by amendment by the Finance Act, 2003, 2nd Proviso to Section 43B was deleted and the 1st Proviso was amended. However, correspondingly no change in … ITO (2005) 1 SOT 663 (Bang) and Lufthansa Cargo. (India) (P) Ltd. v. Dy. CIT (2004) 91 ITD 133 (Delhi). The Commissioner (Appeals), however, was of the view that the facts of the case relied upon by

Shri Manoj Aggarwal, Bemco Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

This chapter deals with the procedure for making assessment in cases of search and was introduced by the Finance Act, 1995 and it comprises of various Sections 158B to 158BH and it came into force with effect from … a copy of which is at page 15 of the paperbook containing 133 pages and it was pointed out that in the return, the nature … appeal by the assessee - Tejinder Singh (HUF). It arises out of the assessment made on it under Section 143(3) of the Income-tax Act by order dated 27.3.2001. In this assessment order, an addition of Rs. 16,80,475/-