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Areva T and D India Ltd. Vs. Assistant Commissioner of Income Tax and ...

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 50B, 54EC, 54EC(1) and 119(2); Companies Act, 1956 - Sections 391 and 394; Finance Act, 2006; Finance Act, 2007; Finance Act, 2001; National Bank for Agriculture and Rural Development Act, 1981 - Sections 3; National Highways Authority of India Act, 1988 - Sections 3; National Housing Bank Act, 1987 - Sections 3(1); Small Industries Development Bank of India Act, 1989 - Sections 3(1); Constitution of India - Articles 14 and 265; Securities and Exchange Board of India Regulations

Reported in : (2008)220CTR(Mad)156; [2009]177TAXMAN192(Mad)

specified in the notification, under the provisions of Clause (b) as they stood immediately before the amendment of Finance Act, 2007. It comes into effect retrospectively from 1st April, 2006. Therefore, the learned Counsel has vehemently submitted that the … hardship caused to taxpayers, the CBDT, in exercise of powers conferred by Clause (a) of Sub-section (2) of Section 119 of the IT Act, 1961, hereby orders that the limitation of six months for making the investment under

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 … J.1. The Revenue has filed tax appeals Nos. 1402 to 1405 of 2007 under Section 260A of the IT Act 1961 for asst. yrs. 1995-96 … 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. 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 … 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

indodan Industries Ltd. Vs. State of U.P. and ors.

Court : Supreme Court of India

Subject : Sales Tax/Vat

Acts : Central Sales Tax Act, 1956 - Sections 9, 9(1), 9(2) and 9(2B); Finance Act, 2000 - Sections 119, 120 and 120(2); General Sales Tax Law

Reported in : 2009(13)SCALE421; 2009(10)LC4845(SC)

1956 (hereinafter referred to as 1956 Act). On 12th May, 2000, Finance Act 2000 came into force. Vide Section 119 of the Finance Act, 2000, Sub-section (2B) came to be inserted in Section 9 of the 1956 Act. … (2B) of Section 9 of the Central Sales Tax Act, 1956, inserted on 12th May, 2000 by the Finance Act of 2000 is retrospective? and(2) Whether Section 120 of the Finance Act, 2000 which was a validating Act … v. State of Uttar Pradesh and Ors. Civil Appeal No. 2354 of 2007.3. Prior to 12th May, 2000, there was no provision for levy of

Maheshwari Agro Industries Vs. Union of India

Court : Rajasthan

Subject : Direct Taxation

254 of the Act by Finance Act, 1999 with effect from 01.06.1999 and further first proviso substituted by Finance Act, 2007 with effect from 01.06.2007 extending period of stay granted by the ITAT in the first instance for 180 … ‘Act’) have power to grant stay and decide the stay application filed along-with appeal/s filed before them under Section 246/246A of Act respectively or not. The concomitant question, which would arise is whether the power of the

Shri Jagannath Temple Managing Committee Vs. Commissioner of Income-ta ...

Court : Orissa

Subject : Trusts and SocietiesDirect Taxation

Reported in : AIR2008Ori37; (2008)218CTR(Ori)568; [2008]299ITR56(Orissa)

was allowed under Section 10(23BBA) of the Income-tax Act which was introduced in the year 1979 by the Finance Act with retrospective effect from 1st April, 1962.Section 10 of the Income-tax Act provides that in computing the total … and ensure a fair enforcement of its provisions, by issuing Circulars in exercise of its statutory powers under Section 119 of the Income-tax Act which are binding on the authorities in the administration of the Act.26. In coming

Aztec Software and Technology Vs. Acit

Court : Income Tax Appellate Tribunal ITAT

Subject : Direct Taxation

Reported in : (2007)107ITD141(Bang.)

Matched in: Citation (2007)107ITD141(Bang.)

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. … receipt of refund results into 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., to be explained by the deductor

Vishal Garg Vs. Union of India

Court : Punjab and Haryana

Subject : Direct Taxation

under the proviso to sub-section (9) of section 139 as it stood immediately before its omission by the Finance Act, 2007 shall be deemed to have been made under the provisions of this section. 139D. Filing of return in … reports for the assessment years 2013-14 and 2014-15 by the tax payers, the CBDT invoked its powers under Section 119 of the Act to extend the due date. 6. During the course of hearing on 24.9.2015, the following

Moser Baer India Ltd. Vs. the Additional Commissioner of Income Tax an ...

Court : Delhi

Subject : Direct Taxation

Acts : Finance Act, 2007 - Sections 4A, 92CA, 92CA(2), 92CA(3), 92CA(4) and 143(3); Income Tax Act, 1922 - Sections 42(2); Income Tax Act, 1961 - Sections 92 to 92F, 220(2A), 246A, 250(4), 271AA and 271(1); Finance Act, 2001 - Sections 92; Finance Act, 2007; Assam Municipal Corporation Act - Sections 298; Imports and Exports (Control) Act, 1947 - Sections 4M(1); Municipal Act - Sections 298; Income Tax Rules, 1962 - Rules 10A and 10B, 10D, 10E and 46A; Constitution of India - Articles 226 and 227

Reported in : (2009)221CTR(Del)97; [2009]316ITR1(Delhi); [2009]176TAXMAN473(Delhi)

to be invariably complex. It was his submission that prior to the amendment brought about by virtue of Finance Act, 2007, w.e.f. 1.6.2000, the assessee was afforded an opportunity of presenting its case, both before the TPO, as well … was contended by Mr S. Ganesh, Sr Advocate appearing in writ petition No. 6974/2008, that the provisions of Section 92CA, Sub-section (3) mandate grant of an oral hearing, before the TPO makes a determination of ALP in … Co ltd v. UOI and Anr. : AIR1970Pat109 , Pr 26, Pg 119-1206. At this juncture, we may only note two important aspects. First, except