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Dr.(Smt) P.K.Vasanthi Rangarajan. Vs. the Commissioner of Income Tax

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Section 2(47)(5), 54F, 2(47)(7), 45(1), 54E(1)

of the exemption provision contained in Section 54F, as it then stood prior to the amendment under the Finance Act of 2000, effective from 1.4.2001. Learned senior counsel submitted that irrespective of the amendment, the assessee would be … claim of exemption, learned senior counsel placed reliance on the unreported decision of this Court in T.C.No.656 of 2005 dated 4.1.2012, which, in turn, followed the decision of the Karnataka High Court reported in [2011] 331 ITR … of 8 apartments in the property owned by the assessee situate at 45, M.G. Road, Sastri Nagar, with M/s.Ceebros Hotels Pvt. Ltd., Chennai, on 27th

Deputy Commissioner of Income-tax Vs. R.L. Kalathia and Co.

Court : Gujarat

Subject : Land Acquisition

(supra). 15.3 Reliance was also placed upon the decision of the Supreme Court in the case of PNB Finance Ltd. v. CIT-I [2008] 307 ITR 75/175 Taxman 242, wherein the court held thus: "18. In Artex Mfg. … the company was a transfer in accordance with section 2(17)(vi) which was liable to capital gains tax under section 45(4) of the Act. He, therefore, observed that the provisions for charging capital gains were applicable to the said

M/s. Ghodawat Energy Pvt. Ltd. Vs. The State of Maharashtra, Through t ...

Court : Mumbai

Subject : Land Acquisition

entries in Chapter 24 of the 1985 Act, pan masala may or may not contain tobacco. 32. The Finance Act, 2005 (18 of 2005) substituted the First Schedule to the ADE Act with a new First Schedule that did … tobacco under Schedule Entry A-45 of the MVAT Act, 2002. 9. Entry 45 of the Schedule A to the MVAT Act, 2002, as introduced reads … of Excise (Goods of Special Importance) Act, 1957. 31/01/2006 10. However, in exercise of the powers conferred under section 9(1) of the MVAT Act, 2002, the State Government of Maharashtra, vide Notification No. VAT/1505/CR-382/Taxation-1 dated 21st January,

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

Court : UK Supreme Court

Subject : MRTP

as "the most fundamental reform of personal tax administration for 50 years"). The changes were introduced by the Finance Act 1994 ("FA 1994") and took effect, for income tax and capital gains tax purposes, in 1996-97. Further amendments … facts are not materially different in relation to LLP1. On 30 June 2005 HMRC issued a notice of enquiry in relation to LLP2's partnership return. … return. Meetings and correspondence ensued between HMRC and KPMG, 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

Hamdard Laboratories India and Another Vs. Assistant Director of Incom ...

Court : Delhi

Subject : Education

of Hamdard's objects prior to 01.04.2009 is concerned. In light of the amendment to Section 2(15) introduced by Finance Act, 2008, the revenue argues that Hamdard ceases to be a charitable organisation with effect from 01.04.2009 and cites … needs as may benefit the largest number of persons or their generations. 45. Priority may be given to the following: (1) To establish and run … of the DGIT(E). In W.P.(C) 3599 of 2012, Hamdard challenges reopening of its assessment for AY (assessment year) 2005-06, and impugns the notice of reopening dated 27.03.2012 issued under Section 148 of the Act as well as

Bank Mellat Vs. Her Majesty's Treasury

Court : UK Supreme Court

Subject : Land Acquisition

"closed material". Chapter 2 of Part 6 is closely modelled on the Schedule to the Prevention of Terrorism Act 2005. Section 67(3), which appears in that Chapter, requires that rules of court must provide the Treasury with the opportunity … subsection (2) lies only with the permission of the Court of Appeal or the Supreme Court ¦". 31. Section 45(1) of the 2005 Act provides that the President of the Supreme Court "may make rules (to be known … suggests, is concerned with enabling steps to be taken to prevent terrorist financing and the proliferation of nuclear weapons, and thereby to improve the security

Enercon (India) Ltd. and Others Vs. Enercon Gmbh and Another

Court : Mumbai

Subject : Arbitration

buttress the said submission by referring to the clauses mentioned in the IPLA, regarding the grant of licences, finance, tenure of the IPLA; iv] That the patents in respect of which the licences were to be given … the Trial Court dated 9th January 2009 came to be set aside, resulting in the Application filed under Section 45 of the Arbitration and Conciliation Act, 1996 being allowed in terms of prayer clause 28(a) thereof, and the … the authoritative pronouncement of the Apex Court in the Judgment reported in 2005(7) SCC 234 in the matter of Shin-Etsu Chemical Co. Ltd. and Ors.

Commissioner of Income Tax - Viii, New Delhi Vs. Gulab Sundri Bapna

Court : Delhi

Subject : Land Acquisition

was for acquisition of tenancy right and not for acquisition of ownership rights. Section 55(2)(a) was substituted by Finance Act, 1994 w.e.f. 1st April, 1995, stipulating that the cost of acquisition of tenancy rights could be taken as … during the previous year relevant to assessment year 1988-89 is taxable in view of the provisions of Section 45(5)(b) of the I.T. Act?.3. Whether the ITAT is correct in law that no capital gains arose to the

Commissioner of Income Tax Vs. Hardwari Lal (Huf) and ors.

Court : Punjab and Haryana

Subject : Direct Taxation

Reported in : (2008)219CTR(P& H)583; [2009]312ITR151(P& H)

of Clause (c) to Section 45(5) and Sub-section (16) of Section 155 of the Act as inserted by Finance Act, 2003 , w.e.f. 1st April, 2004 and has held that the provisions of Section 45(5)(b) will be attracted … to tax until an issue of enhanced compensation is finally settled. This Court in ITA No. 4 of 2005 decided on 25th Feb., 2008 in the case of Chandi Ram v. CIT and Ors. reported at (2008)

Rajbhushan Omprakash Dixit vs.union of India & Anr

Court : Delhi

Subject : Land Acquisition

were non-cognizable as was evidenced by the PMLA Amendment Act 20 of 2005 by which Section 45 of the PMLA stood amended with effect from … Directorate of Enforcement (DOE) (Respondent No.2) and the Union of India through the Department of Revenue, Ministry of Finance (Respondent No.1) to provide him a certified copy of ECIR/HQ/17/2017 dated 27th October 2017, and the application filed … it. W.P.(CRL) 363/2018 Page 4 of 32 11. The DOE on 23rd December 2017 filed a complaint under Section 45 PMLA before the learned Special Judge, PMLA with the prayer for further investigation. In the said complaint, cognizance … of Sterling Biotech Limited (SBL) under Section 132 of the Income Tax Act, 1961 (‗IT Act‘). The... Petitioner, who is a permanent resident at Vadodara,