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The Commissioner of Income Tax Vs. Smt. Amarjeet Kaur and ors.

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 10(2); Income Tax Act, 1961 - Sections 37, 37(1) and 256(1); ;Finance Act, 1998; ;Prize Chits and Money Circulation Scheme (Banning) Act, 1978 - Sections 2, 3 and 4

Reported in : (2006)201CTR(Kar)134; ILR2006KAR1060; [2006]283ITR71(KAR); [2006]283ITR71(Karn)

order as to costs. Ordered accordingly. (A) INCOME TAX ACT, 1961-SECTIONS 37, EXPLANATION TO SECTION 37 (INSERTED BY FINANCE (NO. 2) ACT, 1998), SECTION 256(1) - Reference on a question of law-M/s Manjog Homes promoting a scheme called 'Deposit Linked Incentive Scheme'-Whether … subscriptions). Two conditions must, therefore, be satisfied before a person can be held guilty of an offence under Section 4 read with Sections 3 and 2(c) of the Act. In the first place, it must be proved that

Star Trading Vs. Commissioner of Income Tax

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 245(4), 245C, 245D, 245D(1), 245D(4), 245F(2) and 251; Finance (No. 2) Act, 1998 - Sections 90, 90(1), 90(2), 90(4), 95 and 95(1)

Reported in : (2008)220CTR(Ker)511

so before passing final orders, a new scheme popularly known as 'Kar Vivad Samadhan Scheme' was introduced by Finance (No. 2) Act, 1998. Hence, the petitioner claiming benefit under the scheme approached the designated authority, namely, CIT. The designated authority, after … before the CIT, the petitioner filed an application before the Settlement Commission, Chennai invoking the provisions contained under Section 245C of the IT Act. The Settlement Commission by order dt. 27th March, 1996 allowed the application to

Commissioner of Income Tax Vs. Malwa Texturising (P) Ltd.

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Companies Act, 1956; Income Tax Act, 1961 - Sections 158BC, 249, 253, 254, 254(1) and 254(2) ; Finance (No. 2) Act, 1998 - Sections 89, 90, 90(1), 90(2), 90(4), 249(4) and 254(2)

Reported in : (2006)204CTR(MP)549; [2007]292ITR488(MP)

appeal was pending before the Tribunal, Kar Vivad Samadhan Scheme, 1998 (for short KVSS) was introduced by the Finance (No. 2) Act, 1998. The assessee submitted an offer for settlement under the KVSS and submitted a declaration under Section 89 of

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

Court : Supreme Court of India

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 … 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

Killick Nixson Limited Vs. the Dy. Commissioner of Income Tax and anr.

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 142(1) and 143(3); Finance Act, 1998 - Sections 87, 88, 89, 90, 90(1), 90(3), 94 and 95

Reported in : (2001)165CTR(Bom)280; [2001]248ITR17(Bom)

under the Kar Vivad Samadhan Scheme (hereinafter, for the sake of brevity, referred to as 'K.V.S.S.') introduced by Finance (No. 2) Act, 1998 determining the total income of the assessee - petitioner at Rs. 33, 65, 298 = 00.? In short, … Court in this Writ Petition is : Whether the A. O. was authorised and empowered to proceed under Section 142(1) of the Income Tax Act in respect of assessment year 1992-1993 after the Designated Authority passed an … Rs. 68,02,046=00. (c) Determination of capital gains to the extent of Rs. 4,00,000=00. (d) Disallowance under Rule 6D to the extent of Rs. 31,963=00. Being

Omkar S. Kanwar Vs. Union of India

Court : Gujarat

Subject : Direct Taxation

Reported in : (2001)170CTR(Guj)354

Difficulties) Order, 1998, issued by the Central Government in exercise of powers conferred by section 97(l) of the Finance (No. 2) Act, 1998, promulgating Kar Vivad Samadhan Scheme, 1998 (hereinafter referred to as 'KVS Scheme') and as the 'Order of 1998' … irregularities committed by the principal noticee, action is also proposed to certain co-noticees like directors, office-bearers, suppliers, etc. 4 .5. There could be cases in dispute where the department as well as declarants are in appeal for

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

and 'Pager Services'. Further widening was effected by including 12 additional services in Finance Act, 1997. Ultimately, in Finance (No. 2) Act, 1998, 12 more 'services' were defined under Section 65(48) of the Finance (No. 2) Act, 1994 under the head … The need for levying of this tax was felt as, according to the Finance Minister, 'services' constituted about 40% of our Gross Domestic Product (GDP) and they so far had gone tax-free in comparison to the 'goods

Deval Sales Corporation Vs. Commissioner of Income Tax and anr.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 143(3), 249, 249(4), 264 and 264(4); Finance (No. 2) Act, 1998 - Sections 95(1); Wealth Tax Act

Reported in : (2008)218CTR(Guj)282

date of filing of declaration for the abovementioned assessment year, as is required under Section 95(1)(c) of the Finance (No. 2) Act, 1998. Accordingly, for the abovementioned assessment year stands dismissed as infructuous.3. On behalf of the petitioner the learned advocate

Dr. Shashi Kant Garg, Son of Dr. P.L. Garg Vs. Commissioner of Income- ...

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(7A), 2(8), 2(9A), 2(16), 2(19A), 2(28C), 117(1), 120(1), 120(2), 120(4), 143(1), 143(2), 143(3), 147, 148, 151(1) and 263; Finance (No. 2) Act, 1998; Direct Tax Laws (Amendment) Act, 1987 Code of Criminal Procedure (CrPC) - Sections 164; Constitution of India - Article 226; Income Tax Rules; Indian Income Tax Act, 1922 - Sections 34

Reported in : (2006)203CTR(All)75; [2006]285ITR158(All)

(1) of Section 117;19. The words 'or the Deputy Commissioner of Income Tax' have been inserted by the Finance (No. 2) Act, 1998, with effect'from 1.10.1998.20. Section 2(19A) of the Act defines 'Deputy Commissioner' as follows:-'(19A) 'Deputy Commissioner' means a person … provision of this Act, and the Joint Commissioner or Joint Director who is directed under clause (b) of Sub-section (4) of that section to exercise or perform all or any of the powers and functions conferred on, or

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)

in case of all assessees.(iii) The amendment will take effect retrospectively from 1st July, 1995.12.2. Again by the Finance (No. 2) Act, 1998 certain further amendments were made in Chapter XIV-B of the Act and the same have been explained by … that for the purpose of charging tax not only Section 113 of the Act was material but even Section 4 had to be considered as laid down by the Apex Court in the case of Commissioner of Income