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Anand Estate (P) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Mumbai

Subject : Direct Taxation

Acts : Finance Act, 1983 - Sections 2, 40 and 40(3); Finance (No. 2) Act, 1996

Reported in : (2009)223CTR(Bom)288; [2009]316ITR94(Bom)

draws our attention to the definition of 'assets' as contained in Section 2(ea) and the substitution by the Finance (No. 2) Act, 1996 w.e.f. 1st April, 1997. The definition of assets (sic-prior to amendment and) as amended reads as under:(ea) 'assets'

The Commissioner of Income Tax and Vs. Brindavan Beverages Ltd.

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(14), 2(19AA), 2(42C), 41[2], 45, 48, 50B, 80IA(4), 80IB(4), 80IB(5), 80HHC, 80HHC(3), 80HHC(3A), 80HHC(4), 80HHC(4A), 115A, 115B, 115BB, 115C, 115J, 115JA, 115JA[1], 115JA[2], 115JA[4], 115JB, 143(2), 161[1A], 164, 164A, 207, 208, 209, 209[1], 210, 211, 215, 234, 234A, 234B, 234C, 234G, 254(2) and 260A; Finance [No. 2] Act, 1996; Finance Act, 1997; Finance Act, 1998; Finance Act, 1999; Finance Act, 2000 - Sections 2; Companies Act, 1956 - Sections 210; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(1) and 17(1); Constitution of India - Article 141

Reported in : (2010)228CTR(Kar)1; [2010]186TAXMAN233(Kar)

of changes brought about by the legislature by the introduction of Section 115JA of the Act by the Finance [No. 2] Act, 1996 with effect from 01.04.1997, dismissal of the appeal of the revenue in the case of Commissioner of Income

Om Sindhoori Capital Investments Ltd. Vs. Joint Commissioner of Income ...

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 36(1); Finance (No. 2) Act, 1996 - Sections 43(1)

Reported in : [2005]274ITR427(Mad)

learned counsel for the assessee that Explanation 4A to Section 43(1) of the Act was inserted by the Finance (No. 2) Act, 1996, with effect from October 1, 1996, and the said provision is not applicable for the assessment year in

ito Vs. Selchem Engineers (P) Ltd.

Court : Delhi

Subject : Direct Taxation

Reported in : (2004)84TTJ(Del)101

assessed') was disallowed by the assessing officer keeping in view the provisions of section 32(2) as amended by Finance (No. 2) Act, 1996, with effect from 1-4-1997. The learned Commissioner (Appeals), however, allowed this claim of the assessed relying on the

M. Srinivasalu Vs. Union of India (Uoi) and ors.

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 148 and 154; Finance (No. 2) (Amendment) Act, 1996

Reported in : [1999]239ITR282(KAR); [1999]239ITR282(Karn)

in the notice. The words 'not being less than 30 days' were deemed to be omitted by the Finance (No. 2) Act, 1996, with effect from April 1, 1989. This court in the case of Winter Care Pvt. Ltd. W. P. … V.K. Singhal, J.1. The validity of Section 148 of the Income-tax Act, 1961, has been challenged in this petition as violative of Articles 14 and

Commissioner of Income Tax Vs. Rajatha Jewellers

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 139, 143(1), 143(3), 147, 148 and 256(1); Finance (No. 2) Act, 1996

Reported in : (2006)202CTR(Kar)97; [2006]286ITR573(KAR); [2006]286ITR573(Karn)

for the Revenue, assailing the impugned order of the Tribunal made two submissions. Firstly, he contended that the Finance (No. 2) Act, 1996 which came into force in 1996 made the amendment retrospective w.e.f. 1st April, 1989 by deleting the words … N. Kumar, J.1. The Revenue has sought this reference under Section 256(1) of the IT Act, 1961 (for short hereinafter referred to as 'the Act'). The substantial questions of

Jindal thermal Power Company Limited (Formerly Jindal Tracteble Power ...

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 10, 10A, 10B, 11, 12, 80HHC, 80HHC(3), 80HHF(3), 112, 113, 115A, 115AA, 115AB, 115ACA, 115AD, 115B, 115BB, 115BBA, 115E, 115JB, 119(2), 140A, 154, 161(1A), 164, 164A, 167B, 172(4), 174(2), 175, 176(2), 192, 207, 208 to 219, 234A, 234B and 234C; Finance Act, 2002 - Sections 115J, 115J(1), 115JA, 115JB(1) and 115JB; Finance Act, 1987; Finance (No. 2) Act, 1996; Finance Act, 2000 - Sections115B and 115JB; Finance (Amendment) Act, 2000; Finance (Amendment) Act, 2002; Companies Act, 1956 - Sections 210; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3, 17(1), 32(2), 32A(3), 72(1), 73, 74, 74A(3), 139(1), 142(1) and 288(2); Finance Act, 2001 - Sections 2(8); Constitution of India - Articles 265 and 300A

Reported in : (2006)203CTR(Kar)381; [2006]286ITR182(KAR); [2006]286ITR182(Karn)

assessment year 1991-92. The scheme of MAT, however, was revived effective from the assessment year 1997-98 by the Finance (No. 2) Act, 1996 by insertion of a new charging Section 115JA into Chapter XIIB of the Act and under the said

Bhuna Coop. Sugar Mills Ltd. Vs. Commissioner of Income Tax, Rohtak an ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act - Sections 43B, 141(1) and 143(1); Finance (No. 2) Act, 1996

Reported in : (2005)194CTR(SC)1; [2005]273ITR212(SC); JT2005(2)SC386; (2005)2SCC728

that Clause (e) of Section 43B will have no application as the said provision was introduced by the Finance (No) 2 Act 1996 with effect from 1.4.1997. Learned counsel for the appellant also argued that in view of the tact that

Cargo Clearing Agency (Gujarat) Vs. Joint Commissioner of Income Tax

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 2(7A), 3, 4, 4(1), 32(2), 64, 65, 66, 68, 69, 69A, 69B, 69C, 113, 132, 132A, 132B, 132(5), 132(7), 139, 139(1), 139(5), 142, 142(1), 143, 143(1A), 143(1B), 143(2), 143(3), 144, 145, 147 to 153, 153(2), 158B, 158BA, 158BA(1), 158BA(2), 158BB, 158BB(1), 158BB(2), 158BC, 158BD, 158BE, 158BG, 158BH and 245D; Finance Act, 1995; Finance (No. 2) Act, 1996; Finance (No. 2) Act, 1998; Finance Act, 2001; Finance Act, 2002

Reported in : (2008)218CTR(Guj)541; [2008]307ITR1(Guj)

filed by the assessee before the initiation of the search shall be on the assessee.12.1. Subsequently by the Finance (No. 2) Act, 1996 certain amendments in Chapter XIV-B of the Act came to be made with retrospective effect from 01.07.1995 i.e. … Association of Persons (AOP) declaring income of Rs. 5,05,087/- came to be filed.3. On 24.11.1995 search proceedings Under Section 132 of the Income Tax Act, 1961 (the Act) were carried out at the residential premises of three

Commissioner of Income-tax Vs. Sengunthar Thirumana Mandapam

Court : Chennai

Subject : Trusts and Societies

Acts : Income Tax Act, 1961 - Sections 11, 12, 12AA, 139, 143(1) and 148; Tamil Nadu Societies Registration Act; Finance (No. 2) Act 1996

Reported in : (2006)204CTR(Mad)473; [2006]283ITR355(Mad)

18, 1998 (see [1998] 230 ITR 12), which came into effect from April 1, 1997, inserted by the Finance (No. 2) Act 1996, enabling the Chief Commissioner or Commissioner to satisfy himself about the genuineness of the trust or institution and … the case, the Income-tax Appellate Tribunal was right in holding that the assessee-society was entitled to exemption under Sections 11 of the Income-tax Act merely on the ground that the registration under Sections 12AA has been granted