Advanced Search Results

M/s. Lakshminirman Bangalore Pvt. Ltd., Rep. by its Managing Director ...

Court : Karnataka

Subject : Direct Taxation

227 of Constitution of India praying to declare the newly inserted Sec.234E of the IT Act, by the Finance Act, 2012 as unconstitutional being arbitrary, discriminatory and unreasonable, the relevant extract of Section 234E is enclosed as Annexure-A. … as the Board directs. (3) Any person deducting any sum on or after the 1st day of April, 2005 in accordance with the foregoing provisions of this Chapter or, as the case may be, any person being … flow crunch “especially for business activity. 6. It is contended that Section 119(2)(a) has been introduced simultaneously which provides for hardship, reasons beyond control etc.,

Commissioner of Income Tax Vs. Jindal Exports Ltd. and ors.

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 2(1), 2(43), 16(3), 24(2), 90, 90A, 91, 115J, 115JA, 115JA(1), 115JAA, 115JAA(1), 115JAA(2), 115JAA(4), 115JAA(5), 119, 139, 140A, 140A(1), 142, 143, 143(1), 144, 147, 148, 154, 155, 158BC, 207, 208, 209, 209(1), 210, 215(2), 234A, 234B, 234B(1), 234B(2), 234C, 234C(1), 245D(4), 245D(6), 250, 254, 260, 262, 263 and 264; Finance Act, 2006; Direct Tax Laws (Amendment) Act, 1987; Finance Act, 1997; Finance (No. 2) Act, 1996

Reported in : (2009)221CTR(Del)8; [2009]314ITR137(Delhi); [2009]179TAXMAN391(Delhi)

Section 234C(1) of the IT Act, 1961 (hereinafter referred to as 'the said Act') by virtue of the Finance Act, 2006, w.e.f. 1st April, 2007. According to the learned Counsel for the appellant/Revenue, after the said amendments, there … 1961?2. Question A has been formulated in IT Appeal Nos. 402 of 2005, 407 of 2007, 907 of 2007, 914 of 2007, 969 of 2007, … 234B and 234C except to the extent of granting relief under the circulars issued by the Board under Section 119 of the Act.12. Reliance was also placed by the learned Counsel for the Revenue on the Bombay High

Kasturi and Sons Ltd. Vs. Union of India Rep. and ors.

Court : Chennai

Subject : Banking

Acts : Finance Act, 1994 - Section 65(19);Central Excise Act, 1944 - Section 37B; Constitution of India - Article 265; Income-tax Act - Section 119

Court held in Kerala Finance Corporation v. Commissioner of Income-tax [(1994) 4 SCC 375] in the context of section 119 of the Income-tax Act that the circulars issued cannot override the provisions of the Act and the relevant … issued by the second respondent, the Central Board of Excise and Customs as ultra vires section 83 of Finance Act, 1994 read with sections 37B and 65(19) of the Central Excise Act, 1944 and is in violation of

Commissioner of Income Tax Vs. Concord Pharmaceuticals

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 3, 4, 37(4), 90, 90(2), 119, 253(2), 260A, 263, 268A, 268A(1), 268A(4), 268A(5) and 275(1); Finance Act, 2008; Kerala General Sales Tax Act, 1963 - Sections 3(1A) and 60; Income Tax Rules - Rule 47; Income Tax Appellate Tribunal Rules, 1963 - Rules 6 to 15

Reported in : (2008)220CTR(Guj)117; [2009]317ITR395(Guj)

The Court's attention is invited to the provisions contained in Section 268A of the Act inserted by the Finance Act, 2008, with retrospective effect from 1st April, 1999. Sub-section (4) of Section 268A clearly states that the Tribunal … is erroneous on this ground as the CBDT Instruction No. 2 of 2005, dt. 24th Oct., 2005 1(2005) 198 CTR (St) 41] on which heavy … for all which is prevalent prior to this amcndment. One view was that only the circulars issued under Section 119 of the Act are having binding effect and other circulars, instructions or directions are not having any binding

Commissioner of Income-tax Vs. Jagdish Chand Agrawal (Late)

Court : Madhya Pradesh

Subject : Limitation

Acts : Income Tax Act, 1961 - Sections 132, 142, 142(2), 142(2A), 142(2C), 147, 148, 153, 153(2), 153(3), 260A, 288 and 288(2); Service Rules

Reported in : (2005)199CTR(MP)188; [2005]278ITR132(MP)

Matched in: Citation (2005)199CTR(MP)188; [2005]278ITR132(MP)

M/S. Lakshminirman Bangalore pvt.ltd Vs. The Deputy Commissioner of In ...

Court : Karnataka

Subject : Education

227 OF CONSTITUTION OF INDIA PRAYING TO DECLARE THE NEWLY INSERTED SEC.234E OF THE IT ACT, BY THE FINANCE ACT, 2012 AS UNCONSTITUTIONALBEING ARBITRARY, DISCRIMINATORY & UNREASONABLE. THE RELEVANT EXTRACT OF SECTION234 IS ENCLOSED AS ANNEXURE-A. 6 W.P.NOs.6918-6938/2014: … as the Board directs. (3) Any person deducting any sum on or after the 1st day of April, 2005 in accordance with the foregoing provisions of this Chapter or, as the case may be, any person being … CONSTITUTION OF INDIA PRAYING TO QUASH AND TO HOLD THE PROVISIONS OF SECTION234 OF THE ACT AS ULTRA VIRES OF THE CONSTITUTION OF INDIA. W.P.NOs.3476-3479/2014 … cash flow crunch -especially for business activity.6. It is contended that Section 119(2)(a) has been introduced simultaneously which provides for hardship, reasons beyond control etc.,

Devarsons Private Ltd. Vs. U.P. Singh

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 119(2), 143(1A), 143(3), 234A, 234B and 234C; Finance Act, 1990

Reported in : (2006)203CTR(Guj)48; [2006]284ITR36(Guj)

Act), the petitioner addressed a letter dated 22nd January 1991 addressed to the assessing officer informing that, by Finance Act, 1990, export cash assistance had become taxable because of amendment with retrospective effect from 1st April 1967. Accordingly, … an order came to be made by the respondent on 4th March 2005. He has reduced the interest by a sum of Rs. 2,48,122/- while … the circumstances, the notification dated May 23, 1996 (see : [1997]225ITR101(Mad) ), particularly para (d) thereof, issued under Section 119(2)(a) would be applicable. The relevant portion of the notification reads as under :In exercise of the powers conferred

Centre for Public Interest Litigation Vs. Union of India

Court : Supreme Court of India

Subject : Land Acquisition

made by the learned counsel for the parties. Chapter IX of the Disaster Management Act, 2005 deals with Finance, Accounts and Audit. Section 46 provides for National Disaster Response Fund. Section 46 reads:51. “46. National Disaster Response … disasters and for undertaking a holistic, coordinated and prompt response to any disaster situation.” 4. The Disaster Management Act, 2005 (hereinafter referred to as “Act, 2005”) was enacted to provide for the effective management of disasters and matters … India under the major head 8235- ‘General and other Reserve Funds' - 119- National Disaster Response Fund”.56. Paragraph 5 deals with contribution to the NDRF

R and B Falcon (A) Pty Ltd. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 40, 115B(2), 115JB, 115W, 115WA, 115WA(1), 115WA(2), 115WB, 115WB(1), 115WB(2), 115WB(3), 115WC, 119 and 245Q(1); Finance Act, 2005; Income Tax (Amendment) Act, 1983 - Sections 9(1)

Reported in : 2008BusLR469(SC); (2008)216CTR(SC)289; [2008]301ITR309(SC); 2008(8)SCALE223; 2008AIRSCW4096

Benefit Tax?5. Chapter XII of the Act providing for income tax on fringe benefits was inserted by the Finance Act, 2005. It came into force with effect from 1.4.2006.6. Section 115W defines 'employer' and 'fringe benefit tax'. 'Fringe Benefit … of the effect of the 1999 Amendment even if it were assumed not to bind the respondents under Section 119 of the Act, nevertheless affords a reasonable construction of it, and there is no reason why we should

Sri V.G. Ramachandiron Vs. Income-tax Officer [Alongwith

Court : Income Tax Appellate Tribunal ITAT Chennai

Subject : Land Acquisition

Reported in : (2006)284ITR53(Chennai)

either. It is pertinent to mention here that even while Clause (10C) has since been amended by the Finance Act, 2003, so as to make it applicable not only to any amount "received" but also to any amount … called as VRS) subject to a limit of Rs. 5,00,000/- are exempt from being charged to tax under Section 10(10C) of the I.T. Act, 1961, even, if the payment is made in instalments and the same are