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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amended by Finance Act, 2002 w.e.f. 1st April, 2003, and by the amendment the words "in addition to tax payable" have been replaced by the words "in … is loss having regard to the amendment made by the Taxation Laws (Amendment) Act, 1975, and by the Finance Act, 2002 ?" 2.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 … affirmed by Supreme Court in CIT v. S.R. Patton (1998) 233 ITR 166 (SC) With regard to his contention that for levy of penalty Under

Saipem S.P.A. Vs. Dcit (Asstt.) Special Range 1

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2005)276ITR55(Delhi)

likewise. It is further pertinent to mention that the provisions of Section 44BB have be amended by the Finance Act, 2003, w.e.f. 1.04.2004, inserting a new Sub-section (3) thereto. The newly inserted Sub-section (3) provides that the assessee may … the judgment of the Hon'ble Kerala High Court in the case of CIT v.Fertilizers & Chemicals (Travancore) Ltd. 166 ITR 823, the ld.Accountant Member took the view that provisions of Section 5 would lean in favour of

Sieger Spintech Equipments Pvt. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Subject : Service Tax

Reported in : (2006)(110)ECC277

and for imposing penalties on he assessee. These penalties were proposed under Sections 76 to 78 of the Finance Act, 1994. After considering the assessee's reply to the show-cause notice, and hearing them, the original authority imposed penalties … by the assessee, of service tax, which was payable on "maintenance and repair services" for the period July 2003 to March, 2005. Immediately thereafter, the party paid the tax with interest. However, the department issued show-cause notice … and for imposing penalties on he assessee. These penalties were proposed under Sections 76 to 78 of the Finance Act, 1994. After considering the assessee's

Chandi Ram and ors. Vs. Commissioner of Income Tax

Court : Punjab and Haryana

Subject : Direct Taxation

Reported in : (2008)217CTR(P& H)113; [2009]312ITR139(P& H)

45(5) of the Act and Sub-section (16) of Section 155 of the Act, which were inserted by the Finance Act, 2003 w.e.f. 1st April, 2004, was considered. However, both these provisions have been taken into consideration by the learned … Notes on these clauses which have been published in (2003) 181 CTR (St) 29 : (2003) 260 ITR 166 clearly state that these amendments will take effect from 1st April, 2004 and will, accordingly, apply in relation

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 … claim deduction u/s 10A of the Act in respect of foreign - 166 - exchange which is yet to be received during the current assessment … …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

Malad Kokil Co-operative Housing Society Ltd. and Another Vs. the Mode ...

Court : Mumbai

Subject : Land Acquisition

as laid down by the Apex Court in the case of Reserve Bank of India v/s. Peerless General Finance and Investment Co. Ltd. and ors. {AIR 1987 SCC 1023}, the Court will have to draw a distinction … trial Judge has totally misinterpreted the so called settlement dated 30th August, 2003. The learned Counsel submits that the said settlement has to be read … Chandru Tahilram Tolani and ors., 2006 (6) MHLJ 166; JayantilalInvestments v/s. Madhuvihar Co-op. Hsg. Society and ors. … It is the contention of the plaintiff-society that after they pursued the matter under the Right to Information Act, they came to know about the Commencement Certificate granted in favour of the defendants by the Corporation on … in the property within the period mentioned in the agreement executed under Section 4 of the Maharashtra Ownership Flats Act, 1963 (hereinafter referred to as

Shri Ramit Kumar Sharma Vs. Director of Income Tax(international Taxat ...

Court : Authority for Advance Rulings

Subject : Land Acquisition

applicant tantamounts to manufacturing or production of articles or things. Section 80-IC of the Act, inserted by the Finance Act, 2003 with effect from 1st April, 2004, is a special provision in respect of certain undertakings or enterprises in … of Judicial pronouncements - the important one being that of Kerala High Courts CIT vs Marvell Sea Foods 166 ITR 624, wherein even the processing of prawns have been regarded as manufacture or production of an article

Star India (P) Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Service Tax

Reported in : (2006)103ITD73(Mum.)

was contended by him that in view of the omission of the second proviso to Section 43B by Finance Act, 2003, no disallowance can be sustained if the payments are made before the due date of filing of the … till the payment was made since payment was condition precedent for transfer of property in goods (see p. 166 of the report). So, this judgment is an authority for the proposition that profits accrue at the place

Brij Kishore Verma Vs. State of Uttar Pradesh

Court : Allahabad

Subject : Land Acquisition

The Times, October 29, 1986). Stat. Def., "means any enactment, Community legislation or subordinate legislation" (s.135 of the Finance Act 2002 (c.23 Private legislation in Parliament", Stat. Def., Environment Act, 1995 (c.25), s.28 (3); see also Enactment." 27. … the State of U.P. The Notification was challenged in this Court by preferring Writ Petition No.5027 (M/B) of 2003 [Nagarjun Prasad Gupta. Vs. State of U.P. and others]. A Division Bench of this Court by an interim … SCC 591: State of Jharkhand. Vs. Pakur Jagran Manch; AIR 1976 Delhi 166: Jai Narain. Vs. The Land Acquisition Collector and 2002 5 AWC 4321: … writ petitions, are as under: “(i) Whether the issuance of notification under section 11 of the U.P. Land Revenue Act read with section 21 of

Test Claimants in the Franked Investment Income Group Litigation Vs. C ...

Court : UK Supreme Court

Subject : Land Acquisition

such cases: para 260. It was not open to the Revenue to rely on section 320 of the Finance Act 2004 ("Section 320 FA 2004") or section 107 of the Finance Act 2007 ("Section 107 FA 2007") to … Group Litigation with which these proceedings are concerned was established by a group litigation order on 8 October 2003. The test claimants are all companies which belong to groups which have UK-resident parents and also have foreign … These were referred to by Lord Goff in Woolwich [1993] AC 70, 166. 75. These high principles should not depend on the details of the