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Apr 03 2008

Bhawaralal (Huf) Vs. Assistant Commissioner of Income Tax

Court : Karnataka

Decided on : Apr-03-2008

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1998 - Sections 86 to 98, 90(1), 90(2) and 96(1); Income Tax Act, 1961 - Sections 143; Constitution of India - Article 14

Reported in : (2008)219CTR(Kar)300; [2009]177TAXMAN541(Kar); 2008(5)AIRKarR46(DB)

Kar Vivad Samadhan Scheme, 1998 (hereinafter referred to as the 'Scheme' for brevity) under Chapter IV of the Finance (No. 2) Act, 1998 (hereinafter referred to as 'the Act' for brevity) was Introduced. The object of the scheme as contained in … (hereinafter referred to as 'the Act' for brevity) was Introduced. The object of the scheme as contained in Sections 86 to 98 of the said Act was as explained by the Finance Minister in his speech see

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Apr 09 2012

Dr.S.Jagatrakshagan Vs. the Deputy Commissioner of Income Tax

Court : Chennai

Decided on : Apr-09-2012

Subject : Constitution

Acts : Finance (No.2) Act, 1998 - Section 90, 91, 87, 92, 88, 90(1); Kar Vivad Samadhan Scheme, 1998; Constitution of India - Articles 14

of Income Tax, the Designated authority passed an order in terms of Section 90 of the Finance (No.2) Act, 1998 treating the final settlement of tax arrears at Rs.5,88,684/-. It is a matter of record that in respect

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May 02 2003

Hira Lal Hari Lal Bhagwati Vs. C.B.i., New Delhi

Court : Supreme Court of India

Decided on : May-02-2003

Subject : CustomsCriminal

Acts : Code of Criminal Procedure (CrPC) - Sections 245 and 482; Constitution of India - Article 227; Indian Penal Code (IPC), 1860 - Sections 120B, 166 to 177 and 378 to 462; Customs Act, 1962 - Sections 28, 111, 112A and 130E; Finance (No. 2) Act, 1998 - Sections 90(2), 90(4) and 91; Wealth Tax Act, 1957; Gift Tax Act, 1958; Income Tax Act, 1961; Interest Tax Act, 1974; Expenditure Tax Act, 1987; Central Excise Act, 1944; Customs Tariff Act, 1975; Central Excise Tariff Act, 1985; Foreign Exchange Regulation Act, 1973; Narcotic Drugs and Psychotropic Substances Act, 1985; Terrorists and Disruptive Activities (Prevention) Act, 1987; Prevention of Corruption Act, 1988

Reported in : AIR2003SC2545; 2003(2)ALD(Cri)292; 2003(2)ALT(Cri)142; 2003(51)BLJR1697; 2003CriLJ3041; 2003(3)CTC356; (2003)182CTR(SC)1; 104(2003)DLT699(SC); 2003(87)ECC473; 2003(155)ELT4; (2003) 5 SCC 257

Our attention was also drawn to the Text of the Kar Vivad SamadhanScheme, 1998, under Chapter IV of Finance (No.2) Act, 1998. Our attention wasalso drawn to Sections 86 to 98 of the said Scheme which are relevant for thepresent … passed by theHigh Court of Delhi at New Delhi in Criminal Miscellaneous (M) Nos. 360/2002 and447/2002 filed under Section 482 of the Criminal Procedure Code read with Article227 of the Constitution of India by the appellants herein

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May 26 2003

Y. Venugopala Reddy Vs. Commissioner of Income Tax and anr.

Court : Karnataka

Decided on : May-26-2003

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1998 - Sections 88 and 140A

Reported in : (2003)183CTR(Kar)260

preferred further appeal to the Tribunal and that appeal is pending. 4. When the matter stood thus, the Finance (No. 2) Act, 1998 (hereinafter referred to as 'Finance Act'), introduced the scheme called Kar Vivad Samadhan Scheme (for short 'the scheme'). … of funds to the extent of Rs. 10,25,000, he made voluntary disclosure of income at Rs. 19,57,000 under Section 69B of the IT Act (for short 'the Act') plus the income from business at Rs. 90,000 and

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Feb 22 2001

All India Federation of Tax Practitioners and ors. and Indian Institut ...

Court : Mumbai

Decided on : Feb-22-2001

Subject : Service Tax

Acts : Finance (No. 2) Act, 1998 - Sections 68 and 116; Constitution of India - Articles 14, 19, 19(1) and 246(1); Service Tax Rules, 1994 - Rule 6 and 6(3)

Reported in : (2001)168CTR(Bom)24; [2002]256ITR401(Bom)

1997, Section 65 was substituted so as to include a wide variety of services. Section 116 of the Finance (No. 2} Act, 1998, substituted Section 66 of the Finance Act, 1994. While a few services covered by the 1997 Act were

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Aug 31 1999

Rajam Pictures Circuit and ors. Vs. Commissioner of Income-tax and ors ...

Court : Chennai

Decided on : Aug-31-1999

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 220 and 220(2); Finance (No. 2) Act, 1998 - Sections 87 and 88

Reported in : (1999)156CTR(Mad)392; [2000]241ITR735(Mad)

of the Scheme. Learned senior counsel submitted that the Scheme is a statutory one forming part of the Finance (No. 2) Act, 1998 and it is neither open to the Income-tax Department, nor to the assessee to go against the provisions … J. 1. The question involved in the batch of writ petitions is whether the demand of interest under Section 220(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Income-tax Act'), in the certificate of intimation

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Dec 17 2002

Dr. (Mrs.) Renuka Datla and ors. Vs. Commissioner of Income Tax, Karna ...

Court : Supreme Court of India

Decided on : Dec-17-2002

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1998 - Sections 87, 88, 89, 95 and 95(1); Income Tax Act, 1961 - Sections 143(3), 234A, 234B, 234C, 243A, 243B, 243C and 271(1)

Reported in : AIR2003SC839; (2003)179CTR(SC)218; [2003]259ITR258(SC); (2003)2SCC19; [2002]SUPP5SCR166

to briefly as 'the Scheme').2. The scheme was introduced by and is contained in Chapter IV of the Finance (No. 2) Act, 1998 (referred to hereafter as the Act). It was in force between 1st September, 1998 and 31st January 1999. … September, 1998 and 31st January 1999. Briefly, the scheme permits the settlement of 'tax arrears' as defined in Section 87(m) of the Act. The relevant extract of the definition reads:'tax arrears' means,-(i) in relation to direct tax

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Feb 22 2000

Eyelite Optical Industries Vs. Commissioner of Cus.

Court : Karnataka

Decided on : Feb-22-2000

Subject : Customs

Acts : Customs Act, 1963 - Sections 87, 87(J) 88, 89, 95, 111, 112 and 124; Finance (No. 2) Act, 1998 - Sections 86 and 95; Customs Act, 1962; Central Excise Act, 1944; Customs Tariff Act, 1975; Central Excise Tariff Act, 1985; Constitution of India - Article 14

Reported in : 2000(71)ECC499; 2000(121)ELT593(Kar)

filling the write petition the matter was pending at that stage.7. In the meantime Section 86 of the Finance (No. 2) Act, 1998 introduced the scheme called 'Ka-- Vivad Samadhan Scheme'. The Scheme is an offer by the Government for settling

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Nov 25 2002

Killick Nixon Ltd., Mumbai Vs. Deputy Commissioner of Income Tax, Mumb ...

Court : Supreme Court of India

Decided on : Nov-25-2002

Subject : Direct Taxation

Acts : Constitution of India - Article 226; ;Income Tax Act, 1961 - Sections 142(1) and 143(3); ;Finance (No. 2) Act, 1998 - Sections 87, 88, 89, 90, 90(1), 90(3), 91 and 94

Reported in : AIR2003SC312; (2002)178CTR(SC)387; [2002]258ITR627(SC); 2003(2)MhLj729; 2003MPLJ236(SC); (2003)1SCC145; 2003(2)LC804(SC)

the meanwhile, Kar Vivad Samadhan Scheme, 1998 (herein after referred to as KVSS) was brought into effect by Finance (No. 2) Act, 1998. The appellant filed a declaration under the KVSS on 20.11.1998 disclosing its assessed income as Rs. 33,65,298.00 and … the Writ Petition under Article 226 of the Constitution by which the appellant challenged the notice issued under Section 142(1) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act')2. The brief facts necessary to

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Jul 20 2006

Malwa Texturising (P) Ltd. Vs. Cit

Court : Madhya Pradesh

Decided on : Jul-20-2006

Subject : Direct Taxation

Reported in : (2006)204CTR(MP)555

s.90 In the High Court of Madhya Pradesh : Indore Bench A.K. Patnaik, C.J. & N.K. Mody, J. Finance (No. 2) Act, 1998, section 90 In favour of : Assessee; Block period : A.Y. 1994-95 to 20-11-1995 -

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