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Commissioner of Income-tax, Faridabad Vs. Ghanshyam (Huf)

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(47), 45, 45(1), 45(5), 54, 54B, 54D, 54E, 54EA, 54EB, 54F, 54G, 54H, 154, 155(7A), 155(16), 260A and 269UA; Transfer of Property Act, 1882 - Sections 53A; Finance Act, 1987; Land Acquisition Act, 1894 - Sections 4, 4(1), 6, 18, 23, 23(1), 23(1A), 23(2), 28 and 34; Finance Act, 1991; Land Acquisition (Amendment) Act, 1984 - Sections 23(1A); Income Tax Act, 1922; Finance Act, 2003 - Sections 45(5) and 155(16)

Reported in : (2009)224CTR(SC)522; [2009]315ITR1(SC); JT2009(9)SC445; 2009(9)SCALE657; (2009)8SCC412; [2009]182TAXMAN368(SC); 2009(6)LC2930(SC)

what we have stated hereinabove is reinforced by the newly inserted Clause (c) in Section 45(5) by the Finance Act, 2003 w.e.f.1.4.2004. This newly added clause envisages a situation where in the assessment for any year,--the capital gain arising … of compensation or part thereof which has not been paid or deposited before the date of such expiry.22. Section 23(1A) was introduced in the 1894 Act to mitigate the hardship caused to the owner of the land who

Indian Energy Exchange Limited New Delhi Vs. Central Electricity Regul ...

Court : Appellate Tribunal for Electricity APTEL

Subject : Land Acquisition

the Central Government, emphasized the need to promote the power market development that would make it feasible to finance projects with competitive generation cost outside the long term power purchase agreement framework. The power exchanges have been … a platform where the electricity can be bought and sold by others. Under Section 66 of the Electricity Act, 2003, the Appropriate Commission shall deavour to promote the development of a market including trading in power and the … accordance with Bye-Laws, Rules etc notified by the power exchange. (viii) On 23.6.2009, the TATA Power Trading Company Limited, a trading licensee, filed a petition

Jacobus Johannes Liebenberg No. and Others Vs. Bergrivier Municipality

Court : South Africa Supreme Court of Appeal

Subject : Land Acquisition

Act 32 of 2000 (the Systems Act), the Local Government: Municipal Finance Management Act 56 of 2003 (the Finance Act) (which came into operation on 1 July 2004) and lastly the Local Government: Municipal Property Rates Act 6 … requires a municipality to invite the local community to submit representations in connection with the budget (s 22(a)(ii)). Section 23 requires a municipality to consider the views of the local community and various bodies, such as the National

Deputy Commissioner of Income Tax, Ahmedabad Vs. Core Health Care Ltd.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28 to 41, 43, 43(1), 80HH, 80I, 90(2) and 260A; Finance Act, 1986 - Sections 43(1); Finance Act, 2003

Reported in : 105(2008)CLT433(SC); (2008)215CTR(SC)1; [2008]298ITR194(SC); JT2008(2)SC367; 2008(2)SCALE327; (2008)2SCC465; 2008AIRSCW1425

proviso has since been inserted in Section 36(1)(iii) of the 1961 Act. That proviso has been inserted by Finance Act, 2003 w.e.f. 1.4.2004. Hence, the said proviso will not apply to the facts of the present case. Further, in

Chohung Bank Vs. Deputy Director of Income-tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2006)102ITD45(Mum.)

following clause (a) is substituted for the existing clause (a) in Sub-section (1) of Section 90 by the Finance Act, 2003, w.e.f. 1-4-2004.(a) for the granting of relief in respect of (i) income on which have been paid both … in article 25 of DTAA. The learned DR further submitted that an explicit provision is provided in article 23(2) of DTAA of India with UK, wherein it is made clear that charging at higher rate will not

Virtual Soft Systems Ltd. Vs. Commissioner of Income Tax, Delhi-i

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28(1), 48, 143, 143(1), 143(1A), 260A, 271 and 271(1); Finance Act, 1975; Finance Act, 2002 - Sections 271; Taxation Laws (Amendment) Act, 1975; Finance Act, 1993; Finance Act, 1992; Finance Act, 1951; Income Tax Act, 1922 - Sections 23(5), 28 and 28(1); Constitution of India - Article 20(1)

Reported in : (2007)207CTR(SC)733; [2007]289ITR83(SC); JT2007(3)SC125; 2007(2)SCALE612; (2007)9SCC665

the Punjab and Haryana High Court pertaining to the assessment year 1970-71 was prior to the amendment of Finance Act, 1975 and therefore, was not applicable. For the same reason, the decision of this Court in affirming the … reasoning either on the scope of Section 271(1)(c) and Explanation 4(a) or the nature of 1976 or 2002- 2003 amendments.It has been laid down in CIT v. Podar Cement (supra) , CIT v. P.J. Chemicals : [1994]210ITR830(SC) … said case, this Court proceeded specifically on the footing that under section 23(5) of the 1922 Act, a registered firm was liable to pay tax

Checkmate Services P Ltd Vs. Commissioner Of Income Tax-i

Court : Supreme Court of India

Subject : Land Acquisition

cash, the sum has been realised within fifteen days from the due date." By Section 21 of the Finance Act, 2003, the above second proviso was omitted. Thereafter, by Finance Act, 2021 the following Explanation 5 was added, w.e.f. … of the year in which such sum is actually paid. In case the same is paid before the 23 due date of filing the return of income for the previous year, the allowance will be made in

Gujarat Ambuja Cements Ltd. and anr. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Subject : ConstitutionService Tax

Acts : Finance Act, 2000 - Sections 116 and 117; Finance Act, 2003 - Sections 158; Service Tax Rules, 1994 - Rules 2(1); Service Tax (Amendment) Rules, 1997; Finance Act, 1994 - Sections 64(3), 65, 65(5), 65(28), 65(41), 66, 66(3), 67, 68, 68(1), 69, 69(2), 69(5), 70, 70(1), 71, 71A, 72, 73, 74, 75, 76, 77, 78, 79 and 94; Finance Act, 1997 - Sections 68(1A) and 84; Finance Act, 1998; Service Tax (Amendment) Rules, 1998; Motor Vehicles Act, 1988 - Sections 2; Constitution of India - Articles 14 and 246(1); Punjab Passengers and Goods Taxation Act, 1952 - Sections 3(3); Service Tax Act, 1994

Reported in : AIR2005SC3020; (2005)4CompLJ440(SC); (2005)194CTR(SC)428; 2005(99)ECC377; 2005(182)ELT33(SC); [2005]274ITR194(SC); JT2005(Suppl3)SC389; (2005)4SCC214; 2006[3]STR608; 200

the constitutional validity of Sections 116 and 117 of the Finance Act 2000 and Section 158 of the Finance Act, 2003 by which the decision of this Court in Laghu Udyog Bharati and Anr. v. Union of India and … along the national highways. According to them this was solely within the power of the center under Entry 23 read with 97 of List I. The submission was held to be patently fallacious by this Court. It

Ptc India Ltd. Vs Jaypee Karcham Hydro Corporation .

Court : Delhi

Subject : Land Acquisition

the Specific Relief Act, however, in view of provision of Section 3, Section 10(b) and Section 10(b)(ii) (a), Section 23, Section-34 and Section-42 of the Specific Relief Act, injunction ought to have been granted to the appellant.20. Relying … has to pay tariff on the capital cost and the means of finances as approved by CERC and determination of tariff was subject to approval … Pradesh to be developed by the respondent. The respondent is a generating company as defined in the Electricity Act, 2003.4. The appellant company has been granted license to trade in electricity by Central Electricity Regulatory Commission (hereinafter referred

Hassan Thermal Power Pvt. Ltd., Vs. State of Karnataka

Court : Karnataka

Subject : Arbitration

by the Commission involves a very highly technical requiring working knowledge of finance, commerce, economics and management. It would be more appropriate and effective if … said Ordinance shall be deemed to have been done or taken under this Act. 28 defines Generating Electricity Act, 2003 Section 2 relates to definitions Sub-Section Company which reads as under:-"Generating Company means any company or body corporate or … and all other relevant considerations, approval thereof can be granted or refused. While function necessarily the provisions of Section 23 may not be brought within its purview. While even exercising the said power the State Commission must be