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Asstt. Cce and ors. Vs. V. Krishna Poduval and ors.

Court : Kerala

Subject : Direct Taxation

Reported in : (2006)199CTR(Ker)581

to notices issued prior to the day on which the Finance Bill, 2003, receives the assent of the President-,(2) any amount paid to the credit … above sections, especially since the ingredients of the two offences are distinct and separate. Perhaps invoking powers under section 80 of the Finance Act, the appropriate authority could have decided not to impose penalty on the assessee if … disposed of by this common judgment.2. The matter relates to payment of service-tax, interest and penalty under the Finance Act, 1994, by the respondent in each of the two appeals. The revenue is the appellant in both the

Tata Sky Limited Vs. the State of Uttarakhand and ors.

Court : Uttaranchal

Subject : Company

Acts : Companies Act, 1956; ; Indian Telegraph Act, 1885 - Section 4; ; Indian Wireless Telegraphy Act, 1933; ; Uttar Pradesh Entertainment and Betting Tax Act, 1979 - Sections 2, 3, 4, 4A, 4A(4), 4B and 4C; ; Bombay Entertainments Duty Act, 1923; ; Uttar Pradesh Entertainment and Betting Tax (Amendment) Act, 2009; ; Finance Act, 2001 - Sections 65, 65(5), 65(13), 65(63), 65(72) and 137; ; Prasar Bharti (Broadcasting Corporation of India) Act, 1990 - Section 2; ; Finance Act, 2002 - Sections 65, 66(5), 65(14), 65(15), 65(80) and 65(90); ; Finance Act, 2003 - Section 65, 65(16), 65(95), 65(105) and 66(1); ; Finance Act, 2004; ; Finance Act, 2005 - Section 65(16) and 65(105); ; Government of India Act, 1935; ; Cable Television Networks (Regulation) Act, 1995; ; Bengal Amusements Tax Act, 1922; ; We

cent of the gross amount charged by the service provider) even under the Finance Act, 2002.19(iii). Under the Finance Act, 2003, the term 'broadcasting' was re-defined through Section 65(15), which is being extracted hereunder:65. Definitions.- In this Chapter, unless

Sial Sbec Bioenergy Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2004)83TTJ(Delhi)866

find favour as the AO felt that in view of Expln. 5 added to Section 32 by the Finance Act, it is obligatory on the assessee to claim depreciation and if not claimed the AO will first deduct … 1. These two appeals have been filed one by the assessee being ITA No.5461/Del/ 2003 and the other filed by the Revenue being ITA No.1007/Del/2004 challenging the order of the CIT(A) dt. 2nd … generation of steam is eligible for deduction under the provisions of Section 80-IA(4)(iv)f which is applicable to an undertaking engaged in generation of power. 3.

Gem Granites Vs. Commissioner of Income-tax, Tamil Nadu

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80HHB(2), 80HHC and 80HHC(2); Finance Act, 1982 - Sections 89A and 89A(4); Finance (Amendment) Act, 1991

Reported in : (2004)192CTR(SC)481; [2004]271ITR322(SC); 2004(9)SCALE647; (2005)1SCC289

a reasoned judgment.8. Tax relief in respect of export turnover was granted for the first time by the Finance Act 1982 by the introduction of Section 89A in the Act. Section 89A provided for relief at a particular … accordingly dismissed without any order as to costs.Civil Appeal No. 3962 of 200321. In this case, the High Court has clearly proceeded on a mis-reading … granite. According to the appellant the granite is cut and polished before export. The appellant claims deduction under Section 80-HHC of the Income tax Act 1961 (hereinafter referred as 'the Act') in respect of profits from its export

Plastiblends India Limited a Company Incorporated Under the Companies ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(45), 5, 14, 28, 29, 30 to 43D, 66 to 80, 80A to 80B, 80B(5), 80C to 80U, 143(1) and 260A; Companies Act, 1956; Finance Act, 2001 - Sections 32(1); ;Finance Act, 2003 - Sections 36(1); Customs Act, 1962 - Sections 75

Reported in : 2009(111)BomLR4592; (2009)227CTR(Bom)1; [2009]318ITR352(Bom); 2010(1)MhLj526; [2009]185TAXMAN187(Bom)

in : 298 ITR 194 (SC) where it is held that the proviso inserted to Section 36(1)(iii) by Finance Act, 2003 with effect from 1-4-2004 has to be read prospectively with effect from 1-4-2004. Accordingly, Mr. Dastur submitted that … under the Act, the assessee determined the gross total income, on which 100% deduction was claimed under Section 80IA of the Act.6. The above return of income was processed under Section 143(1) of the Act and intimation

Dy. Cit Vs. Geo Enpro Petroleum Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Land Acquisition

the controversy.5.3 The learned counsel also referred to the provisions of Section 80-IA before its substitution by the Finance Act, 1999. Sub-section (1) inter alia provided for the deduction to an industrial undertaking engaged in commercial production of … ground in respect of this issue is identically worded in the appeals of the assessee for assessment years 2003-04 and 2004-05. However, these have been stated in more elaborate manner by splitting it up in 7 parts.

Vipul Motors (P) Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Service Tax

Reported in : (2008)9STR220

proceedings imposed penalty on the appellant in terms of provisions of Section 75A, 76 and 78 of the Finance Act 1944 (sic)(1994), by reviewing the order passed by the Assistant Commissioner vide which he did not impose any … by the Assistant Commissioner vide which he did not impose any penalty in terms of the provisions of Section 80.2. The appellant is engaged in the business of arranging finance/loans for its customers from various banks and institutions.

Arun Excello Foundations (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Chennai

Subject : Land Acquisition

Reported in : LC(2007)(3)269

by various Finance Acts as amended w.e.f. 1st April, 2000 by the Finance Act, 2000 and by the Finance Act, 2003 and as substituted by the Finance (No. 2) Act, 2004, the housing projects must be approved on or … 1(1), Chennai for the asst. yrs. 2003-04 and 2004-05 vide his both orders dt. 27th March, 2006 under Section 143(3) of the IT Act, 1961 (hereinafter called "the Act"). Since the issue is found to be common, … the assessee is whether the assessee is eligible for deduction under Section 80-IB(10) or not in the given facts and circumstances.3. During the course of

The Commissioner of Income Tax-16 Vs. M/s Happy Home Enterprises and A ...

Court : Mumbai

Subject : Direct Taxation

completion was changed from 31st March, 2001 to 31st March, 2003. Everything else remained untouched. 18. Thereafter, by Finance Act, 2003 further amendments were made to section 80-IB(10) and read as under:- “(10) The amount of profits in case

Dhariwal Industries Ltd. Vs. Acit (inv.) and Addl. Cit, Range-1

Court : Income Tax Appellate Tribunal ITAT Pune

Subject : Direct Taxation

Reported in : (2008)111ITD379(Pune.)

counsel invited our attention to Sr. No. 1 in Part "A" of the Thirteenth Schedule (inserted by the Finance Act, 2003, w.e.f.1.4.2004 for the State of Sikkim) and submitted that "tobacco and tobacco products" specifically included "cigarettes, cigars and … the Eleventh Schedule to the I-T Act so as to deprive the assessee of the special relief Under Section 80-I and 80-IA of the I-T Act. In the said application, the assessee pointed out that a Division