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Aug 05 2008

Commissioner of Income Tax Vs. Concord Pharmaceuticals

Court : Gujarat

Decided on : Aug-05-2008

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)

Matched in: Citation (2008)220CTR(Guj)117; [2009]317ITR395(Guj)

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Jun 12 2015

M/s. Lakshminirman Bangalore Pvt. Ltd., Rep. by its Managing Director ...

Court : Karnataka

Decided on : Jun-12-2015

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

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Jun 12 2015

M/S. Lakshminirman Bangalore pvt.ltd Vs. The Deputy Commissioner of In ...

Court : Karnataka

Decided on : Jun-12-2015

Subject : Education

227 OF CONSTITUTION OF INDIA PRAYING TO DECLARE THE NEWLY INSERTED SEC.234E OF THE IT ACT, BY THE FINANCE ACT, 2012 AS UNCONSTITUTIONALBEING ARBITRARY, DISCRIMINATORY & UNREASONABLE. THE RELEVANT EXTRACT OF SECTION234 IS ENCLOSED AS ANNEXURE-A. 6 W.P.NOs.6918-6938/2014: … IS FILED UNDER ARTICLE226& 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH AND TO HOLD THE PROVISIONS OF SECTION234 OF THE ACT AS ULTRA VIRES OF THE CONSTITUTION OF INDIA. W.P.NOs.3476-3479/2014 & 5661-5665/2014: BETWEEN:1. DR. SRIPADA VENKTA … 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.,

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Feb 26 2009

Commissioner of Income Tax Vs. Oscar Laboratories (P) Ltd.

Court : Punjab and Haryana

Decided on : Feb-26-2009

Subject : Direct Taxation

Reported in : (2009)222CTR(P& H)546

appeals, were granted statutory status with the insertion of Section 268A into the IT Act, 1961, by the Finance Act, 2008 with retrospective effect from 1st April, 1999. The second contention advanced by the learned Counsel for the respondent-assessee … the Tribunal.10. In the sequence of facts noticed hereinabove, reference in the first instance, must be made to Section 119 of the 1961 Act, whereunder the CBDT was authorised to issue orders, instructions or directions to IT authorities

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Feb 06 2009

Commissioner of Income Tax Vs. Jindal Exports Ltd. and ors.

Court : Delhi

Decided on : Feb-06-2009

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 … 2007, 969 of 2007, 989 of 2007, 1350 of 2007, 546 of 2008, 701 of 2008, and 893 of 2008. Question B has been framed … 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

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Jan 13 2023

K.l. Swamy Vs. The Commissioner Of Income Tax

Court : Supreme Court of India

Decided on : Jan-13-2023

Subject : Direct Taxation

the words “that Assessing Officer shall proceed” the words “under Section 158BC” was inserted w.e.f. 01.06.2002 by the Finance Act, 2002. It was contended that the amendment was specifically brought to cure the anomaly and the fact that … This very conceptualisation of tax was rephrased in CIT v. B.C. Srinivasa Setty [(1981) 2 SCC460:1981. SCC (Tax) 119 : (1981) 128 ITR294, in the following manner: (SCC p. 465, para10) :27. : “10. … The character

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Oct 19 2022

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

Court : Supreme Court of India

Decided on : Oct-19-2022

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 … 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 of this court, reported as Navnit Lal Jhaveri (supra) and

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May 06 2015

Commissioner of Income-tax-II, Agra Vs. Shyam Biri Works

Court : Allahabad

Decided on : May-06-2015

Subject : Land Acquisition

Act and, in order to give it a legislative measure, a new Section 268A was inserted by the Finance Act, 2008 with retrospective effect from 1st April, 1999 in the Income Tax Act, 1961. For ready reference, the said … the Act which cannot be taken away by Section 268A or by the instructions issued by CBDT under Section 119 of the Act. It was contended that the instructions are at best guidelines and are not mandatory upon

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Nov 03 2008

The Commissioner of Income Tax-v Vs. P.M. Electronics Ltd.

Court : Delhi

Decided on : Nov-03-2008

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24), 36(1), 36(1)(5A), 43, 43B, 139(1), 143(1)(A), 143(2) and 260A; Employees Provident Fund Act; Finance Act, 2003; Constitution of India - Article 141; Employees Provident Fund Rules

Reported in : (2008)220CTR(Del)635; [2009]313ITR161(Delhi); [2009]177TAXMAN1(Delhi)

Matched in: Citation (2008)220CTR(Del)635; [2009]313ITR161(Delhi); [2009]177TAXMAN1(Delhi)

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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

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

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