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Asstt. Commissioner of Income Tax Vs. Poddar Projects Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2005)92ITD468(Kol.)

useful to refer to the provisions of Section 32(2) as existed prior to the amendment made by the Finance (No. 2) Act, 1996 as well as subsequent to such amendment.10. Provision of Section 32(2) as it stood prior to the amendment … gains being less than the allowance, then, subject to the provisions of Sub-section (2) of Section 72 and Sub-section (3) of Section 73, the allowance or part of the allowance to which effect has not been given, as

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 … profits eligible for deduction under Section 80HHC, computed under Clause (a) or Clause (b) or Clause (c) of Sub-section (3) or Sub-section (3A) as the case may be, of that section, and subject to the conditions specified in

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. … of the uniform previous year, assessees were allowed to have any accounting period as the previous year under Section 3 of the Income-tax Act. Consequently, the block period would be different in different cases depending upon the previous

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 … chargeable being less than the allowance, then, subject to the provisions of sub-section (2) of section 72 and sub-section (3) of section 73, the allowance or part of the allowance to which effect has not been given, as

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 … this clause, 'net worth' shall have the meaning assigned to it in Clause (ga) of Sub-section (1) of Section 3 of the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986). (viii) the amount of profits eligible

Tamil Nadu Kalyana Mandapmam Am Assn. Vs. Union of India (Uoi) and ors ...

Court : Supreme Court of India

Subject : Service Tax

Acts : Finance Act, 1994 - Sections 17, 65, 65(19), 65(20), 65(22), 65(23), 65(41), 65(48), 66, 66(1), 67, 68, 85(2), 88 and 93; Service Tax Rules, 1994 - Rules 2(1) and 6(3); Finance Act, 1997 - Sections 84; Transfer of Property Act, 1882 - Sections 3; Finance Act, 1998; Finance (No.2) Act, 1996 - Sections 85; Constitution of India - Articles 14, 19, 19(1), 246, 246(1), 246(3) and 366(29A); Constitution of India (46th Amendment) Act - Article 366(29A); Central Excise Act, 1944 - Sections 11B; Sale of Goods Act, 1930

Reported in : AIR2004SC3757; (2004)4CompLJ108(SC); 2004(3)CTC63; (2004)188CTR(SC)297; 2004(93)ECC353; 2004(167)ELT3(SC); [2004]267ITR9(SC); [2004(4)JCR66(SC)]; JT2004(4)SC568; (2004)3MLJ; (2004) 5 SCC 632

from the date notified under Section 85 of the Finance Act (No.2) 1996 there shall be charged a service tax at the rate of five … the Madras High Court dismissed the writ petition of the appellant-Association and held Sections 66, 67(o) of the Finance Act, 1994 and Rule 2(1)(d)(ix) of the Service Tax Rules, 1994 and other provisions related to Kalyana Mandapmam … similar articles or accoutrements for any purpose or occasion;(19) 'Mandapmam ' means any immovable property as defined in Section 3 of the Transfer of Property Act, 1882 and includes any furnitures, fixtures, light fittings and floor coverings therein

Secy. Federn. of Bus-operators Assn. of T.N. Vs. Union of India (Uoi)

Court : Chennai

Subject : Service TaxMotor Vehicles

Acts : Finance Act, 1994 - Sections 35(38), 65, 65(38), 65(48), 65(50), 65(51), 65(52), 66, 66(3) and 67; Motor Vehicles Act, 1988 - Sections 2, 2(7), 2(22), 2(25), 2(40), 2(43), 49, 51, 58(1), 58(2), 65, 65(32), 65(38), 65(44), 65(48), 65(50) to 65(52), 65(62), 67, 68, 70, 71, 72, 72(2), 72(9), 73, 74, 80, 81, 82, 83, 84, 85, 86, 87(1), 88(8), 88(9), 88(11), 88(14) and 89; Motor Vehicles Act - Sections 63(1), 63(6) and 68; Central Excise Act, 1944; Finance (No. 2) (Amendment) Act, 1996; Finance (No. 2) (Amendment) Act, 1997; Finance (No. 2) (Amendment) Act, 1998; The Haryana Passengers and Goods Taxation Act; Government of India Act, 1935 - Sections 100; Expenditure Tax Act, 1987; Motor Vehicles Rules - Rule 82 to 85 and 128; Motor Vehicles Permit for All India Tours Rules, 1993; Fina

Reported in : 2001(134)ELT618(Mad); 2006[2]STR411; [2007]6STT49

tax came to be introduced in the Central Excise Act, 1944. This tax-net was later on widened vide Finance (No. 2) Act, 1996 by including 'Advertising Agency', 'Courier Agencies' and 'Pager Services'. Further widening was effected by including 12 additional services … is sufficient nexus between the tax and passengers and goods carried on national highways to justify the imposition. Section 3(3) of the Punjab Act is intra vires'.72. Our attention was also drawn to the earlier decision reported in

Commissioner of Income-tax Iv Vs. A.D. Jayaveerapandia Nadar and Sons

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 40A(3), 143(1), 143(2) and 295; Finance (No. 2) Act, 1996; Income Tax Rules, 1962 - Rule 6DD

Reported in : (2007)207CTR(Mad)428

or by a crossed bank draft, such expenditure shall not be allowed as a deduction.4.2. By virtue of Finance (No. 2) Act, 1996 which came into effect from 1.4.1997, the quantum of Rs. 10,000/- was increased to Rs. 20,000/-.5. It is … paid to associate concerns by way of reimbursement of day to day expenses would not be hit by Section 40A(3)?2. Whether in the facts and circumstances of the case, the conditions under Section 40A(3) that payments should

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'

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 … issued under Section 148, requiring the assessee to file a return within 30 days of the receipt of the same, was invalid ?2. Whether, on … 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