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Joint Commissioner of Income-tax Vs. Montgomery Emerging Markets Fund

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2006)100ITD217(Mum.)

The source will be the asset itself. The CIT(A) further referred to the amendment brought in by the Finance Act, 1987 (No. 2 of 1987) with effect from 1 -4-1988. According to the CIT(A), as per the said … the present cases, fall. Again the law has been amended and it is different from the assessment year 2003-04 onwards.22. He explained that as per the law stood in Section 70 upto assessment year 1987-88, where the

Nishit Construction Company (P) Ltd. Vs. Income Tax Officer

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 69 and 260A; Finance Act, 1998 - Sections ; 86, 87, 88, 89, ;90, 90(1), 90(2), 90(4), 91 and 92; Constitution of India - Article 14

Reported in : [2008]303ITR419(MP)

speech of the Finance Minister. Even in the Finance (No. 2) Act, 1998 (hereinafter referred to as the 'Finance Act') the provisions are very clear, unambiguous, unequivocal and in no manner of doubt convey that all matters pending … IT Act raise a common question against the order cit. 28th June, 2003 of the Tribunal, Indore Bench, Indore in CO. No. 43 to 45/Ind/1997, … determined and payable, in respect of an assessment, year under any direct tax enactment but which remains unpaid.7. Section 88 provides for settlement of tax payable and lays down that subject to the provisions of the Scheme, where

Commissioner of Cen.Excise, Mumbai.iii and Another Vs. M/S. Ceat Ltd. ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Service Tax

for payment of BED by an amendment of Explanation to rule 3 of CCR. By Section 88 of Finance Act 2004, this Explanation was retrospectively amended to prohibit use of credit of AED (GSI) earned prior to 1.4.2000 … payment of duty and used for payment of duty following the amendment of Cenvat Credit Rules under Budget 2003. Vide Circular No. 7/16/2003- CX dated 6.3.03, the CBEC had also clarified that it was considered appropriate not

Sunny Detergent Pvt. Ltd. Vs. Commissioner of C. Ex.

Court : Kolkata

Subject : Excise

Reported in : 2007(207)ELT331(Cal)

disputes under the said Scheme. The appellant also filed a declaration as required under Section 88 of the Finance Act, 1998. Since the total amount as adjudicated upon by the Commissioner was Rs. 33,36,289.00 and the appellant paid … heard and disposed of by the learned Single Judge by His Lordship's judgment and order dated April 4, 2003. His Lordship held that the designated authority correctly adjudicated the amount under the said scheme and there was

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

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. … v. Herold, 198 F. 199, 201, aff'd 201 F. 918; Parkview Bldg. Assn. v. Herold, 203 F. 876, 880; Mutual Trust Co. v. Miller, 177 N.Y. 51, 57.” Again, in United States v. Merriam[15]., the Supreme Court

The Additional Commissioner, Central Excise, Madurai Vs. M/s. Strategi ...

Court : Chennai Madurai

Subject : Service Tax

sector. 10. Therefore, the services of "commissioning or installation" were brought under the service tax net in the Finance Act, 2003. Section 65(28) defined "commissioning or installation" to mean" any service provided by a commissioning and installation agency in relation … commissioning and installation agency in relation to erection, commissioning or installation fo plant, machinery or equipment." 12. By Section 88 of the Finance Act, 2005, Section 65(39a) was amended. The amended Section 65(39a) reads as follows: "(39a) 'erection,

income Tax Officer Vs. Bal Bharti Public School

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2007)111TTJ(Delhi)222

amount of Rs. 12,000 in respect of such child. This proviso was inserted in the Act by the Finance Act, 2003, w.e.f. 1st April, 2004. Thus, this proviso is applicable to asst. yr. 2004-05 and onwards. In other words, … & 2004-05 5. The learned Counsel referred to the provisions contained in third proviso below Sub-section (5) of Section 88, which provides that where the aggregate of any sum specified in Clause (xivb) of Sub-section (2) exceeded an

Ms. Mina Fusade, Legal Heir of the Late Prince Sayajirao Gaekwar Vs. M ...

Court : Mumbai

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 18(1); Finance Act, 1998 - Sections 87, 88, 90(1) and 95; Arbitration Act - Sections 17, 30 and 39(1); Limitation Act - Sections 5; Income Tax Act, 1961 - Sections 143(3) and 264; Constitution of India - Article 226; Code of Civil Procedure (CPC) , 1908 - Order 9, Rule 13

Reported in : (2005)107BOMLR1160; (2006)201CTR(Bom)207; [2006]285ITR229(Bom)

Commissioner of Income-tax, who is the designated authority under Section 87(b)(i) of the Finance (No. 2) Act, 1998 ('Finance Act' for short), vide order-cum-intimation dated 10th March, 1999 rejected the applications-cum-declarations made by the petitioner under KVS Scheme … held that if the appeal or revision is pending on the date of filing of the declaration under Section 88 of the Scheme, it was not open to the designated authority to hold that the appeal/revision was sham, … of Commr. of C.Ex. v. Smithkline Beecham Co. Health C. Ltd., : 2003ECR10(SC) needs reference; wherein two judge Bench of the Apex Court in its

K.l. Swamy Vs. The Commissioner Of Income Tax

Court : Supreme Court of India

Subject : Direct Taxation

block period, absence of specific assessment year in the block assessment would render the levy suspect. XXXXXXXXXXXX44 The Finance Act, 2003, again makes the position clear that surcharge in respect of block assessment of undisclosed income was made prospective. … Section 12% 12% 12 12% 13% 2(3) or % 17% 2002 Section 2% 2% 2% 2% 2% 2(3) 2003 Section 5% 5% 5% 5% 5% 2(3) 39.2. The rate at which tax, or for that matter surcharge is