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Kiran Corporation Vs. the Asstt. C.i.T.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2006)102TTJ(Ahd.)375

of the case law on the subject and taking into consideration Explanation appended below Section 37(1) by the Finance (No. 2) Act, 1998 with retrospective effect, it has been held that the twin facet of the issue viz.genuineness as well as … by the Apex Court in Asst. CIT v. J.K. Synthetics Ltd. [2001] 251 ITR 200 : 116 Taxman 598...Apex Court reversed the decision of the Delhi High Court in J.K. Synthetics Ltd. v. Asstt. CIT [1993] 200

Videsh Sanchar Nigam Ltd. Vs. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2008)111ITD190(Mum.)

no way qualify, restrict the amplitude of the words "telecommunication services".39. The learned Counsel further relied on the Finance (No.2) Act, 1998 which has inserted the following in Section 80-IA(4C) w.e.f. 1st April, 1995 after the words telecommunication services, whether

income Tax Officer Vs. Mugatlal B and Sons

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2006)100TTJ(Ahd.)1042

1989, which falls after the amendment with regard to insertion of Explanation brought into the statute book by Finance (No. 2) Act, 1989.3.3 Reliance was also placed by learned Authorised Representative in Hon'ble Bombay High Court in the case of … Ltd. and Tarini Tarpuline Representative, in view of the Explanation to Section 37(1) which was inserted by Finance Act, 1998 with retrospective effect, payment of such commission cannot be allowed, as business expenditure.3. On the other hand, learned

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

Court : Mumbai

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 … was cited with approval by the Supreme Court in Union of India v. Bombay Tyre International Ltd. [1986] 59 Comp Cas 460 : 'Another principle for reconciling apparently conflicting tax entries follows from the fact that a

Director of Income-tax (Exemption) Vs. All India Personality Enhanceme ...

Court : Delhi

Subject : Direct Taxation

but under Section 10(22) of the Act. Section 10(22) of the Act was omitted by virtue of the Finance (No. 2) Act, 1998 and the exemption available to a university or an educational institution existing solely for educational purposes was included … the profit motive. The surpluses generated by the Assessee are necessarily to be applied towards its charitable objects. 59. In view of the aforesaid, the exemption under Section 10(22) of the Act cannot be denied to the

Punjab State Industrial Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Subject : Direct Taxation

Reported in : (2007)292ITR268(Chd.)

of Distributors (Baroda) (P) Ltd. v. Union of India (supra) and also contrary to the amendment made by Finance (No. 2) Act, 1998 with retrospective effect from 1st April, 1968. It is so held by the Supreme Court. So the decision … computing the income from interest.24. A combined reading of Sections 56 to 59 and the decision of the Supreme Court referred to above reveals that … ITA No. 1333/Chd/1994, ITA Nos. 944 and 1591/Chd/1995 vide order dt. 22 Nov., 1996 held that deduction under Section 80M is permissible on the net dividend to be determined after deducting proportionate administrative expenses and also deduction

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 … reported in (Union of India v. H.S. Dhillon) and more particularly to the observations in paragraphs 20 and 59 to the same effect. The following observations in paragraph 20 are extremely apposite :'It seems to us that

Salora International Ltd. Vs. Joint Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

of such transfer.8.11 It was further stated that Section 50A of the Income-tax Act was introduced by the Finance (No. 2) Act, 1998 w.e.f. 1-4-1998 wherein it was clearly provided that the said amendment will take effect prospectively from 1-4-1998 and … the capital gain. It was submitted further that in the case of K.P. Varghese v. ITO 131 ITR 597 the Hon'ble Supreme Court had observed that capital gains tax was intended to tax the gains of the

Fenoplast Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (2002)82ITD178(Hyd.)

the provisions of the Expln to Section 158BA inserted with retrospective effect from 1st July, 1995 by the Finance (No. 2) Act, 1998, it is claimed that this is only a protection to the assessee inasmuch as it prohibits the inclusion … Addl. CIT v. Andhra Printers Ltd. (1979) 117 ITR 555 (AP); (v) CIT v. Man Mohan Das (1966) 59 ITR 699 (SC); (vi) Western India Oil Distributing Co. Ltd- v. CIT (1980) 126 ITR 497 (Bom); (vii)

Tarini Tarpuline Productions Vs. Commissioner of Income-tax

Court : Orissa

Subject : Direct Taxation

Acts : Finance Act, 1998; Income-tax Act, 1961 - Sections 37, 37(1) and 271(1)

Reported in : [2002]254ITR495(Orissa)

view of the recent amendment made to Section 37 of the Act as per Section 15 of the Finance (No. 2) Act, 1998, which was brought to our notice by Mr. Ratho fairly. By the aforesaid amendment, the following Explanation has … assessee.9. The reference is accordingly rejected.CH. P. K. MISRA J.-I agree. - MOTOR VEHICLES ACT, 1988 [C.A. No. 59/1988]Section 173(1) Proviso; [D. Biswas, Amitava Roy & I.A.Ansari, JJ] Appeal without statutory deposit but within limitation/or extended period