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Mintri Tea Co. (P) Ltd. Vs. Commissioner of Income Tax

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 36(1), 43B, 116, 139, 143(1), 143(2), 154, 154(2), 154(7), 156, 241, 246 and 249(2); ;Finance Act, 2003; ;Finance Act, 1992; ;Finance Act, 1994; ;Income Tax Act, 1922 - Section 35

Reported in : (2009)223CTR(Cal)241,[2009]319ITR264(Cal)

made with regard to the provision of Section 43B. Section 43B was inserted in the Act by the Finance Act, 1983 w.e.f. 1st April, 1984, providing for deduction of certain amounts only upon actual payment irrespective of the … learned Tribunal that the Hon'ble Court by its order dt. 29th Jan., 2003 did not extend the time of the due date for payment of … prescribed form specifying the sum payable, and such notice of demand shall be deemed to be issued under Section 156 and the provisions of this Act shall apply accordingly.14. Under the said Section 154 it appears that the

Nayek Paper Converters Vs. Asstt. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2005)93ITD144(Kol.)

to existing comprehensive scrutiny. However, the concept of limited scrutiny has now been done away with by the Finance Act, 2003 w.e.f. 1.6.2003.13. On bare reading of the provisions of Clause (i) Sub-section (2) of Section 143 as effective … the sum so payable, and such intimation shall be deemed to be a notice of demand issued under Section 156 and all the provisions of this Act shall apply accordingly, and if any refund is due on the

ito Vs. Amar Lal

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Land Acquisition

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 … to follow the cases cited on behalf of the assessees. 26. Even specific provision like Sub-section (7A) of Section 156 supported above inference. Therefore, we are of the view that Clause (c) of Sub-section (5) was declaratory and

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 … of the amendment was explained in the Memorandum Explaining the Provisions in Finance Bill, 1987 (165 ITR St. 156) as under: Under the existing provisions of Section 43B of the Income-tax Act, any statutory liability outstanding as

Assistant Commissioner of Income Vs. C.V.M. Exports

Court : Income Tax Appellate Tribunal ITAT Rajkot

Subject : Direct Taxation

Reported in : (2006)103ITD251(Rajkot.)

assessee claimed that it was an industrial company as defined in Clause (c) of Section 8 of the Finance Act, 1975, engaged in the manufacture and processing of brassware articles and entitled to the concessional rate of tax. … the Revenue against the order of the CIT(A)-IV, Rajkot, dt. 12th Sept., 2003, in the matter of order passed under Section 154/143(1). (i) The learned … the sum so payable and such intimation shall be deemed to be a notice of demand issued under Section 156 and all the provisions of this Act shall apply accordingly; and (ii) if any refund is due on

S.C. Jayachandra Vs. Enforcement Directorate, Rep. by Special Public P ...

Court : Karnataka

Subject : Land Acquisition

has challenged the vires of: (a) Section 2(y)(ii) of PML Act as amended vide Section 145(ii) of the Finance Act, 2015 enhancing the monetary threshold for offences specified under Part - B of the schedule from the total … value of Rs.2,000/-. Petitioner is an Engineer working with the State Government. He has held various positions from 2003 till date such as Executive Engineer, Superintendent Engineer, Chief Engineer (Minor Irrigation), Chief Engineer (Bruhat Bengaluru Mahanagara Palike), … B of the Schedule inserted in PMLA w.e.f. 14.05.2015, either under Section 156(3) or under Section 155(2) of the code of Criminal Procedure, as the

Gmr. Hyd. International Airport Ltd., Vs. Central Board of Excise and ...

Court : Andhra Pradesh

Subject : Land Acquisition

Reported in : 2012(5)ALD177

in India. (2) Every notification issued under this section and in force immediately before the commencement of the Finance Act, 2003 shall, on such commencement, be deemed to have been issued under the provisions of this section as amended … Act may be exercisable also be a gazetted officer of customs empowered in this behalf by the Board.Section 156General power to make rules(1) Without prejudice to apply power to make rules contained elsewhere in this Act, the

Shri S C Jayachandra Vs. Enforcement Directorate

Court : Karnataka

Subject : Land Acquisition

vires of: - 21 - (a) Section 2(y)(ii) of PML Act as amended vide Section 145(ii) of the Finance Act, 2015 enhancing the monetary threshold for offences specified under Part - B of the schedule from the total … value of Rs.2,000/-. Petitioner is an Engineer working with the State Government. He has held various positions from 2003 till date such as Executive Engineer, Superintendent Engineer, Chief Engineer (Minor Irrigation), Chief Engineer (Bruhat Bengaluru Mahanagara - … B of the Schedule inserted in PMLA w.e.f. 14.05.2015, either under Section 156(3) or under Section 155(2) of the code of Criminal Procedure, as the

Madhavi Finvest (P) Ltd. and ors. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Vizag

Subject : Direct Taxation

Reported in : (2006)99TTJVisakha933

in the case of Asstt. 'CIT v. Avon Cycles Ltd. (2004) 82 TTJ (Chd) 127 : (2003) 86ITD 156 (Chd) following the judgment of Bombay High Court in the case of CIT v. Thana Electricity Supply Ltd.. … only on this basis.25. Chapter XIV-B which consists of Section 158B to Section 158BH was introduced by the Finance Act, 1995 w.e.f. 1st July, 1995 to make procedure of assessment of cases in which search is initiated under

Simbhaoli Sugar Mills Ltd. Vs. Asstt. Cit, Range-1

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

or Section 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(1)(iii) or Section 37 in this case.14. Whereas,