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Jul 29 2020

Shree Choudhary Transport Co. Vs. Income Tax Officer

Court : Supreme Court of India

Decided on : Jul-29-2020

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. Learned … J.K. Synthetics Limited v. Commercial Taxes Officer: (1994) 4 SCC276 and the definition of the term “paid” in Section 43(2) of the Act to submit that the two expressions “payable” and “paid” are of entirely different connotations. The

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Apr 24 2018

Commissioner of Income Tax Kolkata Xii Vs. M/S Calcutta Export Company

Court : Supreme Court of India

Decided on : Apr-24-2018

Subject : Education

parties and perused the factual matrix of the case. Point(s) for consideration:-5) Whether the amendment made by the Finance Act, 2010 in Section 40(a)(ia) of the IT Act is retrospective in nature to apply to the present facts and … REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 4339-4340 OF2018(Arising out of Special Leave Petiton (C) Nos. 24362-24363 OF2013Commissioner of Income Tax Kolkata XII ….Appellant(s) Versus M/s

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Jun 26 2012

Ms.Eid Parry (India) Limited Vs. the Dy. Commissioner of Income Tax

Court : Chennai

Decided on : Jun-26-2012

Subject : Direct Taxation

Acts : Income Tax Act - Section 260A, 43(6), 37, 72A, 32A(6)

laws (Amendment and Miscellaneous Provisions) Act, 1986 with effect from 1.4.1988. Explanation 2A was later on inserted by Finance Act, 2000 with effect from 1.4.2000. In the case before us, we are concerned about Explanation 2 only and … Appellate Tribunal was right in law in holding that as per the Explanation 2 to Clause (c) of Section 43(6), the unabsorbed depreciation of FGCL - Amalgamating Company cannot be added to the written down value?2. The following

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May 09 2013

Bharat Sanchar Nigam Ltd. Vs. Deputy Commissioner of Income Tax and or ...

Court : Delhi

Decided on : May-09-2013

Subject : Direct Taxation

over by the Company subject to finalization of the transfer value by 31.03.2001 in consultation with Ministry of Finance. (iv) The Assets are being transferred to the Company in consideration of Rs 5,000 crore equity (for which … would be required to be reduced from the cost of the assets in terms of Explanation 10 of Section 43(1) of the Act. The Assessing Officer observed that the depreciation had been claimed by the petitioner on the

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May 09 2013

Bharat Sanchar Nigam Ltd. Vs. Deputy Commissioner of Income

Court : Delhi

Decided on : May-09-2013

Subject : Direct Taxation

over by the Company subject to finalization of the transfer value by 31.03.2001 in consultation with Ministry of Finance. (iv) The Assets are being transferred to the Company in consideration of Rs 5,000 crore equity (for which … would be required to be reduced from the cost of the assets in terms of Explanation 10 of Section 43(1) of the Act. The Assessing Officer observed that the depreciation had been claimed by the petitioner on the

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Apr 08 2016

PGS Exploration (Norway) AS Vs. Additional Director of Income-tax

Court : Delhi

Decided on : Apr-08-2016

Subject : Direct Taxation

India. He submitted that the amendment introduced in the proviso to Section 44BB(1) of the Act by the Finance Act, 2010 with effect from 01.04.2011, specifically excluded the incomes falling within the scope of Section 44DA of the Act … of mineral oils. 44BB. (1) Notwithstanding anything to the contrary contained in sections 28 to 41 and sections 43 and 43A, in the case of an assessee, being a non-resident, engaged in the business of providing services

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Feb 15 2024

Association For Democratics Reforms Vs. Union Of India

Court : Supreme Court of India

Decided on : Feb-15-2024

Subject : Right to Information

establishing the double proportionality standard ...................................................... 103 b) Validity of the Electoral Bond Scheme, Section 11 of the Finance Act and Section 137 of the Finance Act ..................................................... 113 c. Validity of Section 154 of the Finance Act … Effects on Vote Choice in “The Oxford Handbook of American Elections and Political Behavior” (Ed. Jan E. Leighley 2010) 45 PART E is assumed to not possess knowledge of the policy positions of the candidates.66 Campaigns have … 41 Electoral Bond Scheme, Clause 8(1) 42 Electoral Bond Scheme, Clause 8(2) 43 Electoral Bond Scheme, Clause 9 44 Electoral Bond Scheme, Clause 10 20

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Apr 01 2014

The Commissioner of Income Tax Vs. Pricol Limited

Court : Chennai

Decided on : Apr-01-2014

Subject : Direct Taxation

(1969) 73 ITR53(Metal Box Company of India Ltd. v. Their Workmen), the provision under Section 40A(9), inserted by Finance Act, 1984 with reference to 01.4.1980, would stare at the assessee for making any claim as deduction. He submitted … of the Tribunal relating to the assessment year 2002-2003 in I.T.A.No.1088 of 2010 dated 8th October, 2010 and submitted that the Tribunal pointed out to … took us through the provisions of Section 40A(9), 43B(b) as well as to the definition of ".paid". in Section 43(2) of the Income Tax Act and submitted that the assessee was having service weightage scheme even prior to

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Jul 01 2013

Commissioner of Income Tax -xiii Vs. Rajinder Kumar

Court : Delhi

Decided on : Jul-01-2013

Subject : Direct Taxation

the said decision, it has been held that the proviso to Section 40(a)(ia) of the Act amended by Finance Act, 2010 has retrospective effect.9. Learned counsel for the appellant submits that the decision of the Calcutta High Court in … the case of Allied Motors (P) Limited (supra), the Supreme Court was examining the first proviso to Section 43B and whether it was retrospective. Section 43B was inserted in the Act with effect from 1st April 1984

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Feb 03 2017

Asmitha Microfin Limited (Asmitha)

Court : Andhra Pradesh

Decided on : Feb-03-2017

Subject : Land Acquisition

across India. The erstwhile State of Andhra Pradesh passed Andhra Pradesh Micro Finance Institutions (Regulation of Money Lending) Act, 2010 regulating the loan disbursement and recovery process for micro finance institutions in Andhra Pradesh and Telangana. The provisions … Rs.10/- each. Both the companies are engaged in the business of providing financial and support services to marginalized sections of society particularly underserved rural and urban women across India. The erstwhile State of Andhra Pradesh passed Andhra … 19. The company which is liable to be wound up under Section 433 of the Companies Act is not eligible to take protection under Section

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