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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 … during such year”. The proviso speaks about a person not ordinarily resident.-. 57 - 43. Chapter III deals with Incomes which do not form part … …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

Deputy Commissioner of Income Tax Vs. Ram Kumar Giri

Court : Income Tax Appellate Tribunal ITAT Chennai

Subject : Direct Taxation

Reported in : (2006)103TTJ(Chennai)352

above clauses are outside the purview of the non-compete agreement entered by the assessee.11. The amendment in the Finance Act, 2002 proves that the above clauses are not applicable to the assessee's case and Section 28(va) is applicable … is not that such a situation as envisaged by the amendment was unheard of prior to 1st April, 2003. The amended provision thus makes explicit what could have been an occasion for diverse opinion earlier. It does … CIT(A) erred in holding that the receipt by the assessee of Rs. 57.84 crores was a capital receipt and therefore exempt from taxation. (ii) The

Godrej and Boyce Manufacturing Co.Ltd. Vs. Dy.Commr. of I.T.Mumbai and ...

Court : Supreme Court of India

Subject : Land Acquisition

provisions of Section 10(33) of the Act [engrafted as Section 10(34)]. and Section 115-O were reintroduced by the Finance Act, 2003 with effect from 1st April, 2003. It is, therefore, argued that both the Sections 10(33) and Section 115-O … income referred to in Section 115-O of the Act is excluded from the provisions of deductions contained in Section 57 inasmuch as such income does not form a part of the total income in view of Section 10(33)

Commr.of Income Tax-i,new Delhi Vs. Vatika Township P.Ltd.

Court : Supreme Court of India

Subject : Land Acquisition

with amendments in Section 158BE, would be prospective i.e. it will take effect from 1st June, 2002. (f) Finance Act, 2003, again makes the position clear that surcharge in respect of block assessment of undisclosed income was made prospective. … be found to exist, it must be resolved in favor of the citizen. Eidman v. Martinez, 184 U.S. 578, 583; United States v. Wigglesworth, 2 Story, 369, 374; Mutual Benefit Life Ins. Co. v. Herold, 198 F.

M/s. Mascon Multiservices and Consultants Pvt. Ltd. Vs. Bharat Oman Re ...

Court : Mumbai

Subject : Land Acquisition

(2009) 8 SCC 520, Mussafar Shah Vs. MMTC 83 2000 Delhi LT 514 and Saurabh Kalani Vs. Tata Finance Ltd. 2003(3) Arb.LR 345 (Bom) (DB)) 201. Hence the petitioner must show special bias in this claim. The … then required to lead evidence for proving that no loss has occurred. 57. The ratio as laid down by the Supreme Court is, therefore, is … 5th March, 2010 which has been challenged in this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (the Act) essentially as being vitiated by bias and upon the Arbitrator not having considered the evidence

Shree Shyam Filaments Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Service Tax

Reported in : (2004)(176)ELT512TriDel

on HSD Oil under Rule 57 B of the Central Excise Rules, 1944; that Section 112 of the Finance Act, 2000 provided that credit is not admissible in respect of HSD Oil with retrospective effect; that the validity … Special leave petition filed by Shri Cement Ltd. has been admitted by the Supreme Court on 20th January, 2003. It is further, mentioned that in view of the matters being sub judice, the lower authorities should have

In Re: Shams Tabrez Vanti

Court : Authority for Advance Rulings

Subject : Direct Taxation

Reported in : (2005)193CTRAAR481

by Finance Act, 1988 w.e.f. 1st April, 1989, "or interest on securities" is inserted in Clause (i) of Section 57 of the Act, which reads as under: "57(i)-in the case of dividends other than dividends referred to in … profession; E. Capital gains; F. Income from other sources.Head-B, under which interest on securities fell was omitted by Finance Act, 1988 w.e.f. 1st April, 1989. Now, interest on securities is assessable under Section 28(i) where such interest forms

Macintosh Finance Estates Ltd. Vs. Additional Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Tribunal order in this case was passed on 14-1-1999 whereas Section 14A was inserted with retrospective effect by Finance Act, 2001 and hence Section 14A was not available before the Tribunal. In view of above discussion, we set … is also held by him that since the dividend income is exempt, the interest is not allowable under Section 57 also. For these reasons, the assessing officer disallowed the interest expenses ofs. 44.19 lakhs. On appeal, learned Commissioner

Western Electricity Co. of Orissa Vs. Sarat Chandra Mohanty, General

Court : Appellate Tribunal for Electricity APTEL

Subject : Electricity

Reported in : (2007)LCAPTEL626

action has to be taken to maintain the standard of performance and quality of power supply specified in Section 57 of the Electricity Act, 2003. It is stated that the Commission issued certain directions and yet nothing has … the first Respondent herein, where he sought for an action under Section 19 or 24 of the Electricity Act, 2003 against the DISCOM. (i) To set aside the Impugned Order dated 27^th January, 2006 passed by the OERC … a failure on the part of Reliance Energy Ltd. to obtain further finances to meet the financial requirements of the DISCOMS. By non-assigning of the

Jagatjit Industries Ltd Vs. Dy.Commr.of Income Tax.

Court : Delhi

Subject : Income Tax

Acts : Income Tax Act, 1961 - Section 43A; Foreign Exchange Regulation Act, 1947 - Section 2; Finance Act, 2002 - Section 43-A

the liability aforesaid, be computed with reference to the rate of exchange specified therein."After the substitution by the Finance Act, 2002, with effect from April 1, 2003, the position is quiet different.In the instant case, as rightly submitted … pertains to computation of investment allowance on enhanced liability of Rs.2,90,226/- representing the increase in actual cost under Section 43A of the Income Tax Act, 1961. The enhanced investment allowance was claimed on the basis of fluctuation