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

Court : Mumbai

Subject : Arbitration

learned Senior Counsel relied upon the English judgment reported in (2007) UKHL 40 in the matter of Premium Nafta Products Limited (20 th Defendant) and … 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 Original Side of this Court being Short Cause Suit No.2667 of 2007 seeking resumption of supplies. This Court has, by an interim order dated … 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 Injunction Application of the Petitioners above-named,

M/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise

Court : Mumbai

Subject : Service Tax

Secondary and Higher Education Cess on excisable goods leviable under section 136 read with section 138 of the Finance Act, 2007 (22 of 2007);(vii)(vii) the additional duty leviable under section 3 of Customs Tariff Act, equivalent to the duty … of excise leviable under section 3 of the Additional Duties of Excise (Textile and Textile Articles) Act,1978 ( 40 of 1978);(iv)(iv) the additional duty of excise leviable under section 3 of the Additional Duties of Excise (Goods

Mulheim Pipecoatings Gmbh Vs. Welspun Fintrade Limited and Another

Court : Mumbai

Subject : Land Acquisition

in FiliShipping Co. Ltd. vs. Premium Nafta Products Ltd., - (2007) UKHL 40 On appeal from Fiona Thrust and Holding Corpn and other vs. Privalov … dispute raised by such party would be arbitrable.” In a subsequent decision in Branch Manager, Magma Leasing and Finance Ltd. vs. Potluri Madhavilata, (2009) 10 SCC 103)the Supreme Court, in a judgment of two learned Judges, has … rendered on a Petition which was filed by the Appellant under Section 45 of the Arbitration and Conciliation Act, 1996. The Appellant which is a company incorporated in Germany entered into a Share Purchase Agreement (SPA) with

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

Court : Chennai

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

Director of Income Tax (international Taxation) Vs. Income Tax Settlem ...

Court : Mumbai

Subject : Direct Taxation

June 2007, the provisions of Chapter XIXA of the Act dealing with the settlement was amended by the Finance Act 2007. Consequently, the above application for settlement filed by respondent Nos.2 to 11 were deemed to have been allowed … Taxation), challenges the order dated 11 September 2007 passed by the Income Tax Settlement Commission (the Commission) under Section 245-D(2C) of the Income Tax Act, 1961 (the Act). 2. The challenge is essentially on the ground that … expenditure for purchase of 'Ad-Airtime' for failure to deduct tax under Section 40(a)(i) of the Act. This disallowance was carried in Appeal to the Income

Commissioner of Income Tax -xiii Vs. Rajinder Kumar

Court : Delhi

Subject : Direct Taxation

The assessee was asked to explain why disallowance should not be made under Section 40(a)(ia) as amended by Finance Act, 2008 with retrospective effect from 1st April, 2005. The assessee filed written submissions that they had not claimed … the assessment order itself that the assessee is following cash system of accounting.4. The assessment year involved is 2007-2008.5. The Assessing Officer referred to the TDS payable account for professional payments as on 31st March, 2007 and

Shree Choudhary Transport Co. Vs. Income Tax Officer

Court : Supreme Court of India

Subject : Direct Taxation

404 ITR654 wherein this Court has held the remedial amendment of Section 40(a)(ia) of the Act by the Finance Act, 2010 to be retrospective in nature and applicable from the date of insertion of the said provision. 10.4. … Officer, the assessee-appellant preferred an appeal before the Commissioner of Income 7 Tax (Appeals)6, being Appeal No.183 of 2007-08, that was considered and dismissed on 15.01.2008. 6.1. The CIT(A) re-examined the record and rejected the contentions of

Ms. Shanti Logistics (P) Limited Vs. the Assistant Commissioner of Inc ...

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act - Section 40(a)(ia), 200(1)

in not considering the issue raised by the Revenue in its grounds of appeal that the provisions of Finance Act, 2010 in Section 40(a)(ia) is retrospective or not?2. Whether the Tribunal is right in law in holding that … of the above appeals are as follows:-The appellant herein filed its return of income for the assessment year 2007-08 on 2.11.2007, returning a loss of Rs.2,73,707/-. In respect of the payments made for the sub contract hire

Commissioner of Income Tax Xiii Vs. Naresh Kumar

Court : Delhi

Subject : Direct Taxation

Talbros (P) Ltd.), has erred in holding that the amendments made to Section 40(a)(ia) of the Act by Finance Act, 2010 should be given retrospective effect. The contention of the Revenue is that these amendments are w.e.f. 1st … cash system of accountancy and had made certain payments and deducted TDS on the said amounts in March, 2007. TDS was thereafter paid in the month of April, 2007, before the due date i.e. date on which

Scottish Widows plc (Appellant) Vs. Commissioners for Her Majesty's Re ...

Court : UK Supreme Court

Subject : MRTP

Revell v Edinburgh Life Insurance Co (1906) 5 TC 221, 227. The Crown option was abolished by the Finance Act 2007 and replaced by mandatory provisions. With a mutual life office the Revenue never had a choice, since mutual … in line 15 of the Company's form 40 must be taken as falling within the scope of either section 83(2) or section 83(3) of the Finance Act 1989, as substituted by paragraph 16 of Schedule 8 to