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Oct 07 2014

Godrej Industries Limited Vs. Commissioner of Central Excise

Court : Mumbai

Decided on : Oct-07-2014

Subject : Excise

of the Act. Thus, explanation was inserted with effect from 11th May, 2007 by section 131 of the Finance Act, 2007. 17. The test is, therefore, whether section 11D could be invoked in the present case. Section 11D of

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Jul 25 2008

Shri Manoj Aggarwal, Bemco Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jul-25-2008

Subject : Direct Taxation

This chapter deals with the procedure for making assessment in cases of search and was introduced by the Finance Act, 1995 and it comprises of various Sections 158B to 158BH and it came into force with effect from … the matter was of public importance and by order dated 8^th March 2007 referred the aforesaid appeal to a Special Bench consisting of five Members … sales from Ahmedabad amounted to Rs. 24,07,30,000/- as per the details furnished. The Assessing Officer issued commission under Section 131(d) to the DDIT, Ahmedabad to conduct an enquiry and find out whether Bemco had a branch at Ahmedabad

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Apr 23 2018

Commissioner of Income Tax vs.m. S. Aggarwal

Court : Delhi

Decided on : Apr-23-2018

Subject : Direct Taxation

-B of the Income-tax Act. Chapter XIV-B consisting of sections 158B to section 158BH was introduced by the Finance Act, 1995 with effect from 1.7.1995 to make procedure of assessment of search cases more effective. The chapter is … 2000.3. ITA No.895/2008 arises from order of the Tribunal dated 12th October, 2007 in IT(SS)A No.400/Del/2005, whereby the Tribunal has deleted the penalty imposed by … Respondent/assessee himself had not given gift during the last 10 years. Respondent/assessee in his subsequent statement recorded under Section 131 of the Act on 6th January,2000 had again accepted and admitted that the gifts were bogus and had

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Apr 23 2018

The Commissioner of Income Tax vs.m. S. Aggarwal

Court : Delhi

Decided on : Apr-23-2018

Subject : Direct Taxation

-B of the Income-tax Act. Chapter XIV-B consisting of sections 158B to section 158BH was introduced by the Finance Act, 1995 with effect from 1.7.1995 to make procedure of assessment of search cases more effective. The chapter is … 2000.3. ITA No.895/2008 arises from order of the Tribunal dated 12th October, 2007 in IT(SS)A No.400/Del/2005, whereby the Tribunal has deleted the penalty imposed by … Respondent/assessee himself had not given gift during the last 10 years. Respondent/assessee in his subsequent statement recorded under Section 131 of the Act on 6th January,2000 had again accepted and admitted that the gifts were bogus and had

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Mar 11 2015

the Commissioner of Income Tax-Ii Vs. M/S Jansampark Advertising and M ...

Court : Delhi

Decided on : Mar-11-2015

Subject : Service Tax

this stage that two provisos were added to the main provision in Section 68 as extracted above by Finance Act, 2012 and came into effect from 01.04.2013. Therefore, they would not strictly apply to the case at hand … said original return was accepted. It is stated that some time in 2007 the Assessing Officer (AO) was in receipt of information from DIT (Investigation), … order to verify the genuineness of the claim of receipt of share application money, summons were issued under Section 131 of the Income Tax Act to the twelve entities in response to which, no one appeared and some

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May 18 2007

A-one Housing Complex Ltd. Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : May-18-2007

Subject : Direct Taxation

Reported in : (2008)110ITD361(Delhi)

sources.Reliance was placed on the decision of Hon'ble Delhi High Court in the case of CIT v. Sophia Finance Ltd. for the proposition that if the identity of the share application is not established then addition can … on 22-3-2002, it was an impossibletask particularly in the month of March. If the shareholders are nowsummoned under Section 131, the assessee will do his best toproduce thern. (6) The facts that (i) the notices issued by assessing … the addition of Rs. 1,90,10,000 under Section 68 of the Income Tax Act, 1961 ('Act') on account of unexplained share capital and share application money.

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May 23 2012

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

Court : UK Supreme Court

Decided on : May-23-2012

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 … must include transitional arrangements allowing an adequate period for lodging claims which were available under the previous legislation. 131. As Lord Walker explains at para 104, after 8 March 2001, when the Court of Justice decided Metallgesellschaft

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Feb 13 2013

Hercules Hoists Limited Acit Vs. Mumbai

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Feb-13-2013

Subject : Direct Taxation

stood clearly defined by way of an Explanation to section 80-IA as it stood prior to substitution by Finance Act, 1999 w.e.f. 01.04.2000 and, further, could have been easily defined, either per section 80-IA(5) itself or by way … of Haryana [1991] 188 ITR 402 SC; K.P. Varghese vs. ITO [1981] 131 ITR 597 (SC)). In fine, the absence of definition of the initial … at 100% i.e., on Rs.80,000 (1,20,000 - 40,000). The total income of the assessee for the assessment year 2007-08 will be computed as under: Income from eligible business u/s. 80IA 1,20,000 Income from ineligible business u/s. 80IA

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Feb 14 2012

M/S. Suzlon Infrastructure Vs. Commissioner of Central Excise, Pune.ii ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Feb-14-2012

Subject : Service Tax

of service tax under the category of ‘Erection, Commissioning or Installation service’ as defined in Sec,65(39a) of the Finance Act, 1994, the officers of Directorate General of Central Excise Intelligence (DGCEI), New Delhi conducted investigation into the matter. … to 30.9.2005. The notice also proposed to impose penalty on it under Sec.76 for contravention of provisions of Section 68 and penalty under Section 78 of Chapter V of the Finance Act, 1994 for evasion of service

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Mar 16 2011

Chandragiri Construction Company Vs. the Income-tax Settlement Commiss ...

Court : Chennai

Decided on : Mar-16-2011

Subject : Income Tax

Acts : Income-tax Act - Sections 281-B, 245D(6), 147; Income-tax Settlement Commission (Procedure) Rules, 1997 - Rule 9

or sub-section (3), or(ii) the provisions of sub-section (1) as they stood immediately before their amendment by the Finance Act,2007,and after giving an opportunity to the applicant and to the Commissioner to be heard, either in person … the Deputy Commissioner of Income-tax (Central Circle), Kozhikode by the Executive Engineer in respect to summons issued under section 131 of the Act. The reason given for the inability of the second respondent to produce the same before

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