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Commissioner of Income Tax Vs. A.M. Habeeb

Court : Kerala

Subject : Direct TaxationCivil

Acts : Income Tax Act, 1961 - Sections 249(1), 253(6), 260A, 260A(2) and 260A(7); Wealth-tax Act, 1957 - Sections 27A; Kerala Court Fees and Suits Valuation Act, 1959 - Sections 52A - Schedule - Article 3; Finance Act, 1999; Code of Civil Procedure (CPC) , 1908 - Sections 100; Kerala Court Fees and Suits Valuation (Amendment) Act, 2003

Reported in : (2004)188CTR(Ker)100; [2004]268ITR344(Ker); 2004(2)KLT202

on which the fee for appeal provided under Section 260A of the IT Act was omitted by the Finance Act, 1999 is virtually resurrected in the Court Fees Act and that unlike under the very scheme of the … Oct., 2002, inserting Section 52A.11. Now let us see the provisions of Section 52A inserted by the Amendment Act 2003. Section 52A reads thus :'52A Fee on memorandum of appeal against the order of Income-tax Tribunal or Wealth-tax Tribunal--Notwithstanding … be paid in spite of amendment providing for higher Court fee, have been rendered on an interpretation of Section 52 of the Principal Act but Section 52A is notwithstanding anything contained in Section 52 of the Principal Act

Commissioners for Her Majesty's Revenue and Customs (Appellant) Vs. To ...

Court : UK Supreme Court

Subject : MRTP

acting for the LLPs. HMRC concentrated its enquiries on section 45(4) of CAA 2001 (as inserted by the Finance Act 2003), which withholds FYAs for expenditure on software rights "if the person incurring it does so with a view … or otherwise deal with any of the software in question." The various statutory conditions are brought together by section 52, which specifies the percentages for FYAs. It is common ground that LLP2 was a small enterprise. Originally HMRC

M.m. Aqua Technologies Ltd. Vs. Commissioner Of Income Tax, Delhi - Ii ...

Court : Supreme Court of India

Subject : Direct Taxation

refer to the mode of payment, unlike Proviso 2 to the said Section, which was omitted by the Finance Act, 2003 w.e.f. 1st April, 2004. The said Proviso reads as follows:"Provided further that no deduction shall, in respect of … meant to be affected. In similar circumstances, in K.P. Varghese v. ITO, (1981) 4 SCC173 this Court construed Section 52 of the Income Tax Act as applying only to cases where ‘understatement’ is be found - an ‘understatement’

Dev Kumar JaIn Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2004)82TTJ(Delhi)703

to CIT v. Late Gulshan Kumar. Reliance was also placed upon Section 50C which was introduced by the Finance Act, 2001 for the proposition that on a reading of it, the legislature thought it necessary to lay down … 16. Reliance has also been invited to the order dt. 3rd Jan., 2003 in ITA No. 1428/Del/2002 of a co-ordinate Bench. The decisions considered in … of the assessee stating that the case, law relied upon by the assessee related to the now defunct Section 52(2) whereas in the present context, the concept of fair market value for the purpose of capital gains derives

Gujarat Ambuja Cements Ltd Vs. Cce, Chandigarh

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Excise

the difficulty faced, the Legislature amended Central Excise Rules, 1944, retrospectively from 1944 onwards by Section 52 of Finance Act 1982 and the matter was at rest for over two decades. The amendments made through the retrospective amendment

In Re: Dhv Consultants Bv

Court : Authority for Advance Rulings

Subject : Direct Taxation

Reported in : (2005)197CTRAAR105

Sections 2(24), 4, 10(6), 28 to 44C, 44D, 52(1), 52(2), 57, 90, 115A, 115A(1), 115A(3), 206C and 245Q(1); Finance Act, 1975; Income Tax Act, 1922 In Re: Stanley Keith Kinnett, (1999) 238 ITR 155 (AAR); Karamat Khan v.CIT, … period after 31st March, 1976, and before the 1st day of April, 2003. It was, therefore, pleaded that the ruling may be given on the … Court in the case of K.P. Varghese v. ITO and Anr. wherein, while interpreting the provisions contained under Section 52(1) and Section 52(2) of the Act, it was held as under : "We must not adopt a strictly

Binani Industries Limited Vs. Assistant Commissioner of Commercial Tax ...

Court : Karnataka

Subject : Sales Tax

Acts : Constitution of India - Articles 142 and 304; Karnataka Sales Tax Act, 1957 - Sections 3, 3(1), 3(2) 3A, 5(1), 5(3), 5(5), 5(6), 5C, 6, 6(2), 12A, 21 and 22A; Karnataka Sales Tax (Amendment) Act, 1985 - Sections 5C; Karnataka Sales Tax (Amendment) Act, 1992 - Sections 5C ;Karnataka Taxation Laws (Amendment) Act, 1996 - Sections 6(2); Karnataka Sales Tax Rules - Rule 6(4); Income Tax Act, 1961 - Sections 52(2) and 119; ;Customs Act, 1962; Central Excise Act, 1944 - Sections 37B; ;Finance Act, 1964; Karnataka Taxation Laws (Second Amendment) Act - Sections 6(2); Customs Act, 1985 - Sections 151A

Reported in : [2006]145STC24(Kar)

:The understanding of the law at the earliest point of time of its enactment cannot be ignored. The Finance Act, 1964, amended Section 52(2) of the Income-tax Act, 1961 : this was understood in a particular manner by … Constitution Bench. The same view has also been taken in Simplex Castings Ltd, v. Commissioner of Customs : 2003(155)ELT5(SC) .The principles laid down by all these decisions are :(1) Although a circular is not binding on a

Transmission Corporation of Andhra Pradesh Ltd. and anr. Vs. Sai Renew ...

Court : Supreme Court of India

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 61,82(1),86 (1)(a)(b),111(1),125,185,39,172(b),185(3); DevelopersElectricity Reform Act, 1998 - of Section 21 (4)(B); Electricity Regulatory Commissions Act, 1998 - Section 3,15,17,22; Reform Act, 1998 - Section 11,15(5),21,21(4),11(1)(c)&(e)

the power of the Regulatory Commission and the scope of the term `tariff' the Court held as under:"23. Section 52 of the 2003 Act deals with trading of electricity activity. Under Section 52(1), the appropriate Commission may specify … charges from August to March. This order issues with the concurrence of Finance & Planning (Fin.) Department vide their U.O. No. 46291/351/EBS-EFES&T;/97, dated: 18.11.1997. (BY … July, 2004. Aggrieved from both these orders the Developers filed independent appeals under Section 111(1) of the Electricity Act, 2003 collectively against the order dated 20th March, 2004 as modified by order dated 7th July, 2004. These appeals

Sri Kewal Chand Jain vs the Assistant Commissioner of Income Tax

Court : Karnataka

necessary as prescribed under Section 132 of the Act.45. Sections 153A, 153B and 153C were inserted by the Finance Act, 2003, with effect from block assessment scheme in respect of any search or requisition made after 31/5/2003. Sub-section(1) of … under Section 132 or books of account, other documents or any valuable assets are requisitioned under Section - 52 -132A, the Assessing Officer shall issue notice to such person requiring him to furnish within such period, as

Sri Kewalchand Jain vs the Assistant Commissioner of Income Tax

Court : Karnataka

necessary as prescribed under Section 132 of the Act.45. Sections 153A, 153B and 153C were inserted by the Finance Act, 2003, with effect from block assessment scheme in respect of any search or requisition made after 31/5/2003. Sub-section(1) of … under Section 132 or books of account, other documents or any valuable assets are requisitioned under Section - 52 -132A, the Assessing Officer shall issue notice to such person requiring him to furnish within such period, as