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Apr 11 2008

Sahara India (Firm), Lucknow Vs. Commissioner of Income Tax, Central-i ...

Court : Supreme Court of India

Decided on : Apr-11-2008

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 44AB, 136, 142(2A), 142(2B), 142(2C), 142(2D), 142(3), 144, 153(3), 158BC, 269UD and 288; Finance Act, 2007; Bombay Municipal Corporation Act, 1888 - Sections 314; Chartered Accountants Act, 1949; Indian Penal Code (IPC), 1860 - Sections 193 and 228

Reported in : (2008)216CTR(SC)303; 2008(226)ELT22(SC); [2008]300ITR403(SC); JT2008(6)SC83; 2008(6)SCALE733; 2008AIRSCW3665

audit under Sub-section (2A) and proposed to be utilized for the purposes of the assessment.[* Inserted by the Finance Act, 2007 w.e.f. 1-6-2007].6. A bare perusal of the provisions of Sub-section (2A) of the Act would show that the … year by ignoring the extended period of limitation in terms of explanation 1 (iii) to Sub-section (3) of Section 153 of the Act is already over, what appropriate order should be passed. As noted above, the learned Additional

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Sep 11 2009

N. Meenakshi Vs. the Assistant Commissioner of Income Tax

Court : Chennai

Decided on : Sep-11-2009

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10, 16A(1), 16A(2), 16A(3), 16A(4), 16A(5), 16A(6), 48, 50C, 50C(2), 55A, 69, 69A, 69B, 69C, 129, 142A, 142(2A), 143(3), 147, 153, 153(1), 153(3), 142, 245C, 245D(1), 245R(3), 245Q(1), 246A, 250, 254, 260, 262, 263 and 264; Indian Stamp Act - Sections 47A; Finance Act, 2006; Finance Act, 2007; Wealth-tax Act, 1957 - Sections 2, 16A, 23A, 24, 34AA, 35, 37 and 38A; Constitution of India - Articles 14 and 226

Reported in : (2009)226CTR(Mad)625

and the periods of limitation are varied by insertion through Finance Act, 2006 with effect from 1.6.2006 and Finance Act, 2007 with effect from 1.6.2007. However, Section 153(3) of the Act exempts the said period of limitation in certain

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Sep 29 2009

Tube Investments of India Limited Represented by Its Vice President, T ...

Court : Chennai

Decided on : Sep-29-2009

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24), 5, 9(1), 10A, 10A(1A), 10B, 28 to 43C, 43D, 44AC, 64, 72, 80, 80(IA), 80(IE), 143C, 145, 153, 192, 193, 194, 194A, 194C, 194C(1), 194D, 194G, 194H, 194I, 194J, 194LA, 195, 195(5), 195A, 197, 198, 199, 200, 200(1), 201, 201(1), 201(1A), 205, 206C, 221, 271C, 276B and 276BB; Hindu Women's Right to Property Act; Companies Act; Finance Act, 1983; Finance Act, 2007; Central Excises and Salt Act, 1944 - Sections 11D; Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 11(4); Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13(4), 17 and 17(2); Andhra Pradesh Shops and Establishments Act, 1966 - Sections 47(3); Payment of Gratuity Act, 1972; Partnership Act, 1932 -

Reported in : (2009)226CTR(Mad)313; [2009]185TAXMAN438(Mad)

submission.87. The contention comparing Section 40(a)(ia) with the proviso to Section 40A(3)(b) of the Act as introduced through Finance Act, 2007, can have no relevance, in as much as in the first place, the two substantive provisions are not … Andhra Pradesh High Court upholding the Constitutional validity of Section 43B, when notice came to be issued under Section 153 of the Act, the challenge came to be made to the said notice before the Division Bench of

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Aug 19 2019

Prg Consultants Private Limited vs.principal Commissioner of Income Ta ...

Court : Delhi

Decided on : Aug-19-2019

Subject : Direct Taxation

with the limitation in such case of abatement was the further proviso to Section 153 inserted by the Finance Act, 2007 and applicable from 1st June 2007. The legislative intent was clear from the explanatory notes to the above

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Aug 19 2019

Rohit Kumar Gupta vs.principal Commissioner of Income Tax Central -Ii, ...

Court : Delhi

Decided on : Aug-19-2019

Subject : Direct Taxation

with the limitation in such case of abatement was the further proviso to Section 153 inserted by the Finance Act, 2007 and applicable from 1st June 2007. The legislative intent was clear from the explanatory notes to the above

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Jan 27 2026

Eaton Power Quality Private Limited Vs The Deputy Commissioner of Inco ...

Court : Chennai

Decided on : Jan-27-2026

vide amendment in Finance Act, 2006 with effect from June 1, 2006 and the second proviso inserted by Finance Act, 2007, extending the time for completion of assessment, when a reference has been made to the Transfer Pricing Officer, … that the reference to the 1 st Respondent on 13.01.2022 was beyond the statutory period of limitation under Section 153(2) r/w 153(4) and Section 92CA(1) of the Income Tax Act, 1961.4. The sum and substance of the challenge

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Aug 09 2007

Asstt. Cit, Rg. 4(1) Vs. Claridges Investments and

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Aug-09-2007

Subject : Direct Taxation

observations of the Apex Court have since been enshrined in the Act by virtue of an amendment by Finance Act, 2007. Sub-section (2A) of Section 142 is now followed by a proviso:- "Provided that the assessing officer shall not … of the Act only because the assessing officer was interested in extending the period of limitation prescribed in Section 153 of the Act and that was done without observing the principles of natural justice. The learned Counsel for

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Feb 15 2018

Cellular Operators Association of India and Others vs.union of India a ...

Court : Delhi

Decided on : Feb-15-2018

Subject : Service Tax

2015 had omitted Section 95 of the Finance (No.2) Act, 2004, which imposed EC on taxable services, vide Section 153 and Section 140 of Finance Act, 2007 and SHE on taxable services vide Section 159, with effect from … of EC on excisable goods and taxable services. SHE on excisable goods and taxable services was imposed vide Finance Act, 2007.3. Under the CENVAT Credit Rules, 2004 (CCR, for short), credit of EC and SHE was admissible and could

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Dec 02 2015

Commissioner of Income Tax TDS, HMT Bhavan, Bangalore and Another Vs. ...

Court : Karnataka

Decided on : Dec-02-2015

Subject : Direct Taxation

Section 201 of the Act for initiating action for failure to deduct TDS. It was only by the Finance Act, 2009 that sub-section (3) was inserted, initially providing for a period of limitation of two years from the … a financial year commencing on or before the 1st day of April, 2007 may be passed at any time on or before the 31st day … 2002-03 was completed under Section 143(3) of the Act on 28.2.2005, which was within the period prescribed under Section 153 of the Act. Besides this, the return of income of the assessee for the relevant assessment year 2002-03

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Dec 02 2015

Commissioner of Income Tax Tds Vs. M/S Bharat Hotels Limited

Court : Karnataka

Decided on : Dec-02-2015

Subject : Education

Section 201 of the Act for initiating action for failure to deduct TDS. It was only by the Finance Act, 2009 that sub-section (3) was inserted, initially providing for a period of limitation of two years from the … a financial year commencing on or before the 1st day of April, 2007 may be passed at any time on or before the 31st day … 2002-03 was completed under Section 143(3) of the Act on 28.2.2005, which was within the period prescribed under Section 153 of the Act. Besides this, the return of income of the assessee for the relevant assessment year 2002-03

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