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Ester Industries Ltd. Vs. Union of India and ors.

Court : Delhi

Subject : Education

which survived was the ground regarding the deferred tax liability on the basis of retrospective amendment made to Section 115 JB by the Finance Act, 2008. The amendment had been made with retrospective effect and undisputedly it covered … specifically recorded that though a prayer was made in the writ petition to declare certain provisions of the Finance Act, 2008 to be unconstitutional, yet in course of hearing Mr. R. Santhanam, learned counsel for the assessee-petitioner and Mr.

R (on the Application of Prudential Plc and Another) Vs. Special Commi ...

Court : UK Supreme Court

Subject : Right to Information

of TMA have now been replaced by provisions contained in section 113 of, and Schedule 36 to, the Finance Act 2008 ("the 2008 Act"). While there are differences between the regime in TMA and that in the 2008 Act, … LAP are explained in terms which I could not begin to improve on by Lord Sumption in paras 115 to 121 below. In modern times, LPP, and more particularly LAP, have been fully considered and refined in

Cit, Central – I, Kolkata Vs. Binani Cement Ltd.

Court : Kolkata

Subject : Direct Taxation

115-J in the IT Act which can be easily deduced from the Budget speech of the then Hon'ble Finance Minister of India made in Parliament while introducing the said section which is as follows: “It is only … assessment was completed under Section 143(3) by an order dated 5th November, 2008 whereby the total income was determined to be ‘nil’ and book profit … ITR273wherein the following issue arose for consideration:“Can an Assessing Officer while assessing a company for income tax under Section 115-J of the Income Tax Act question the correctness of the profit and loss account prepared by the assessee

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),

Assistant Commissioner Of Income Tax (exemptions) Vs. Ahmedabad Urban ...

Court : Supreme Court of India

Subject : Land Acquisition

certain exemptions: Section 10 (20A) and Section 10 (23) ................................................... 20 G. Amendments to Section 2 (15) by Finance Act, 2008 (w.e.f. 01.04.2009) ................................................ 21 II. Submissions of parties ................................................................................................................................. 22 A. Arguments on behalf of the revenue.......................................................................................................... 22 … this amendment has further been explained by the CBDT vide its circular no.11/2008 dated 19th Dec 2008.” 66 115. Senior counsel appearing for the assessees relied on Section 119 of the IT Act as well as decisions

The Commissioner of Income-tax and Another Vs. M/S. Ranka and Ranka

Court : Karnataka

Subject : Direct Taxation

file or not to file appeal. The new Section 268A of the Income Tax Act was inserted by Finance Act, 2008 with retrospective effect from 01.04.1999. The said provision reads as under: 268A. Filing of appeal or application for … shall apply accordingly. 19.  In the case of CIT versus Oscar Laboratories P. Ltd (STR VOL 324 Pg. 115 at 144) the Punjab and Haryana High Court has referred to the objects for enacting Section 268-A of

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 … 791; White Towers Co-op. Hsg. Society Ltd. vs. S.K. Builders and Ors. 2008 (6) Bom. C.R. 371; BajranglalEriwal v. Sagarmal Chunilal, 2008 (6) Bom.C.R. 887; … 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

Shri Manoj Aggarwal, Bemco Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

it is submitted that the whole mater is procedural in nature; that Section 292BB recently inserted by the Finance Act, 2008 shows that any defect in such notice can be cured and is not fatal; that even otherwise the

M/S Gs1 India Vs. Director General of Income Tax (Exemption) and anr

Court : Delhi

Subject : Land Acquisition

reproduce Section 2(15) of the Act which defines the term ‗charitable purpose‘ before and after its amendment by Finance Act, 2008. Section 2(15) before amendment by Finance Act, 2008 was as under; ―2(15) ―charitable purpose‖ includes relief of the poor, … Court held that both qualitative and quantitative tests should be satisfied in view of specific language of Section 115(4)(a) of Delhi Municipal Corporation Act 1957. Nevertheless it negated and rejected the argument that data for one year

Microsoft Corporation (India) Private Ltd. Vs. Commissioner of Service ...

Court : Delhi

Subject : Service Tax

Acts : Finance Act, 1994 - Sections 35F, 65(105) and 83; Customs Act, 1962 - Sections 2(18) and 129; Constitution of India - Article 226; Export of Service Rules, 2005

Reported in : (2009)227CTR(Del)209; 2009[16]STR545; [2009]23STT400; (2010)27VST497(Delhi)

Section 35F of the Act, which is made applicable also to service tax vide Section 83 of the Finance Act, 1994. The case of the petitioner is that commission received by the petitioner under the agreement is not … Rules. Ld. Advocate also placed reliance on the Tribunal's decision in the case of Blue Star Ltd. : 2008 (11) STR 23 (Tri-Bang) and in the case of ABS India Ltd. : 2009 (13) STR 65 (Tri.-Bang.),