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The Commissioner of Income Tax-9 Vs. Ajanta Pharma Ltd.

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10, 10A, 10B, 15JB, 80HHC, 80 HHC(1), 80 HHC(1A), 80 HHC(1B), 80HHC(3), 80HHC(3A), 80HHC(4), 80HHC(4A), 80HHC(10), 80HHD, 80HHD(3), 80HHG, 80HHE, 80HHF, 115(JB), 115J, 115J(2), 115JA, 115JA(1), 115JA(2), 115JB, 115JB(2), 115JD and 2888(2); Finance Act, 1996; Finance Act, 1997; Finance Act, 2000; Finance Act, 1987; Direct Tax Laws Amendment Act, 1989; Companies Act, 1956

Reported in : 2009(111)BomLR1905; (2009)223CTR(Bom)441; [2009]318ITR252(Bom); [2009]180TAXMAN494(Bom)

80 HHC as contended on behalf of the assessee. Section 80 HHC Sub-section 1B was introduced by the Finance Act with effect from 1.4.2001 so as to phase out the deduction completely by assessment year 2005- 06. Section … the assessment year commencing on or after the 1st day of April, 2007, is less than ten per cent of its book profit, such book … in approving the Order of the CIT(A) in allowing Respondent to exclude export profits for the purpose of Section 115 JB at the figure other than that allowed under Section 80 HHC (1B)?2. Whether in law for the

Parveen Travels (P) Ltd. Vs. Commissioner of Service Tax

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Subject : Service Tax

Reported in : (2008)11STR357

above tax in the category of "Tour Operator's Service." 'Tour operator' was covered by Section 65(52) of the Finance Act, 1994 upto October 2004 and by Section 65(115) for the subsequent period. According to the erstwhile definition, a … (with interest thereon) as also levy of penalties on the appellants, for the period April 2000 to March 2007. This demand is under challenge on numerous grounds. The lower authority demanded the above tax in the category

M/S Sivasakthi Threads vs the Deputy Commissioner of

Court : Chennai

Section 32(2) may be granted in computation of total income. However, as Section 79A has been inserted vide Finance Act 2022, with effect from 01.04.2022 only, this argument does not benefit the revenue in this case.20. In light … or set-off of any loss shall be allowed to the assessee in computing the income in terms of Section 115 BBE.23. There was some ambiguity as to whether the denial of set-off ofloss provided for under Section 115BBE(2), … Appellate Tribunal, Bench ‘C’ dated 17.10.2012 in ITA No.1374/Mds/2012 for assessment year 2007-08. For Appellant : Mr.R.Sivaraman For Respondent : Mr.V.Mahalingam Senior Standing CounselJUDGMENT(Delivered by

In Re: V. Ravi Narayanan

Court : Authority for Advance Rulings

Subject : Land Acquisition

nature of investment income, in our view Clause (b)(i)(A) of Part II of the First Schedule to the Finance Act, 2007 will be attracted.11. One more question remains. This is regarding Form 15G. This form has been prescribed by … from Saudi Arabia. He claims that the interest income arising from that account will be 'investment income' under Section 115C of the IT Act, 1961 (the Act').Accordingly, it will attract income-tax @ 20 per cent under Section … interest income arising from that account will be 'investment income' under Section 115C of the IT Act, 1961 (the Act').Accordingly, it will attract income-tax @

M/S. Vijaya Hospitality and Resports Ltd. vs Commissioner of Income Ta ...

Court : Kerala

115BBE was introduced in the statute book-:19:-through Finance Act, 2012, with effect from 1.4.2013. Sub- section (2) of Section 115 BBE as it stood with effect from 1.4.2013 provides that, notwithstanding anything contained in the Act, no deduction … Tribunal erred in not noticing/adverting to Section 115BBE and the amendment to sub-section (2) of Section 115BBE vide Finance Act 2016 and also the binding departmental circular clarifying sub-section (2) of Section 115BBE to be prospective in nature.

The Commissioner of Income Tax vs M/S Jindal Tractebel Power Co Ltd

Court : Karnataka

graduate to a substantial question of law too. -7- 3.2 Section 271C of the Act as amended by Finance Act, 1997 w.e.f. 01.06.1997, which is pressed into service by both the sides has the following text: “271C. Penalty … (b)pay the whole or any part of the tax as required by or under,-(i) sub-section (2) of section 115-O; or(ii) The proviso to section 194-B, then, such person shall be liable to pay, by way of penalty,

Hotel Asoka Vs. the Commercial Tax Officer-1, Dept of Comml. Taxes

Court : Kerala

Subject : Sales Tax/VAT

Acts : Kerala General Sales Tax Act, 1963 - Sections 1(2), 3, 5B, 5(2), 6(2), 7 and 30; Kerala Finance Act, 2006 - Sections 2(1); KVAT Act, 2003 - Sections 8; Kerala General Sales Tax (Amendment) Act, 2005; Karnataka Sales Tax Act, 1957 - Sections 17 and 17(6); Constitution of India - Articles 14, 19, 19(1), 226 and 265; Kerala General Sales Tax Rules - Rule 30

Reported in : 2008(1)KLJ419; (2009)25VST546(Ker)

Clause (b) reducing the rate of tax provided therein from 125% to 115%. As per Section 1(2)(d) of the Kerala Finance Act, the amendment would … at 10% on the sale turnover of alcohol by bar hotels. The KGST Act was amended by Kerala Finance Act, 2005 providing far payment of tax at compounded rate by bar licencees running hotels not being star hotels … H.L. Dattu, C.J.1. This judgment would dispose of Writ Appeal No. 1877 of 2007 and connected appeals, which have been filed against the common judgment passed by learned single Judge in W.P.(C) … arises for determination in these appeals is whether the amended provisions of Section 7(a) and (b) of the Kerala General Sales Tax Act, 1963 can

Test Claimants in the Franked Investment Income Group Litigation Vs. C ...

Court : UK Supreme Court

Subject : Land Acquisition

rely on section 320 of the Finance Act 2004 ("Section 320 FA 2004") or section 107 of the Finance Act 2007 ("Section 107 FA 2007") to exclude DMG mistake claims, as these provisions purported to curtail the extended limitation period … that principle for that expectation to be defeated by section 107 FA 2007. Like Lord Walker (see para 115), I agree with Lord Sumption's reasoning in para 203 as to section 107 FA 2007. 16. On the

Moser Baer India Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

High Court in the cases of Praful Chunilal Patel v. MJ. Makwana, Asstt. CIT and that in Gruh Finance Ltd. v. Jt. CIT (2002) 123 Taxman 196. Both these decisions have not been approved by the jurisdiction … Income Tax Act. In ground Nos. 3 to 3.5 the assessee challenges manner of computing book profit under Section 115 JB whereby the action of assessing officer in computing profit of the unit eligible for exemption under Section

Malad Kokil Co-operative Housing Society Ltd. and Another Vs. the Mode ...

Court : Mumbai

Subject : Land Acquisition

as laid down by the Apex Court in the case of Reserve Bank of India v/s. Peerless General Finance and Investment Co. Ltd. and ors. {AIR 1987 SCC 1023}, the Court will have to draw a distinction … prepared a note stating therein that the said orders dated 23rd April, 2007 are not applicable to the facts of the present case. It is … v. Megh Ratan Co-op.Hsg.Society Ltd., 2009 (2) Mh.L.J. 115; JamunaDarshan Co-op. Hsg. Soc. Ltd. v. JMC and … It is the contention of the plaintiff-society that after they pursued the matter under the Right to Information Act, they came to know about the Commencement Certificate granted in favour of the defendants by the Corporation on … in the property within the period mentioned in the agreement executed under Section 4 of the Maharashtra Ownership Flats Act, 1963 (hereinafter referred to as