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Krishna Textiles Vs. the Commissioner of Income Tax

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 37, 37(1), 69, 69A, 69B and 69C; Finance (No. 2) Act, 1998; Evidence Act, 1872 - Sections 8 and 106

Reported in : (2008)220CTR(Guj)568; [2009]310ITR227(Guj)

of the Income Tax Act, 1961. He has further submitted that the proviso to Section 69-C inserted by Finance (No. 2) Act, 1998 with effect from 01.04.1999 has no application to the facts of the present case as the assessment year

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 … the undisclosed income for the block period, the provisions of Sections 68, 69, 69A, 69B and 69C shall, mutatis mutandis apply and the term 'financial … 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

Rakesh Goyal Vs. Asstt Cit

Court : Delhi

Subject : Direct Taxation

Reported in : (2004)87TTJ(Del)151

XIV-B of the Act. The Commissioner (Appeals) has also placed reliance on Explanationn B & C inserted by Finance (No. 2) Act, 1998, by which it was clarified as under:'Explanation -B. The total undisclosed income relating to block period shall not … the remaining amount of Rs. 23.75 lakhs is out of undisclosed sources and treated as unexplained investment under section 69 of the Income Tax Act, 1961. The addition of Rs. 23,75,000 consists of the following :(a) Rs. 8.50

Col. G.K. Burli Vs. Bangalore Development Authority

Court : Karnataka

Subject : CivilConstitution

Acts : Bangalore Development Authority Act, 1976; Constitution of India - Article 14

Reported in : ILR1986KAR1628; 1985(2)KarLJ510

sites and fulfil the norms laid down for allotment of such sites and consider ail such applications together. Section 69 of the Act, empowers the State Government to make Rules to carry out the purposes of the Act. … the State Government regarding disposal of civic amenity sites in conformity with the provisions of the Act. - FINANCE(NO.2)ACT,1998 -- Sections 92 & 90: [Deepak Verma & Anand Byrareddy, JJ] Declaration under Kar Vivad Samadhan Scheme Held,

Gujarat Ambuja Cements Ltd. and anr. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Subject : ConstitutionService Tax

Acts : Finance Act, 2000 - Sections 116 and 117; Finance Act, 2003 - Sections 158; Service Tax Rules, 1994 - Rules 2(1); Service Tax (Amendment) Rules, 1997; Finance Act, 1994 - Sections 64(3), 65, 65(5), 65(28), 65(41), 66, 66(3), 67, 68, 68(1), 69, 69(2), 69(5), 70, 70(1), 71, 71A, 72, 73, 74, 75, 76, 77, 78, 79 and 94; Finance Act, 1997 - Sections 68(1A) and 84; Finance Act, 1998; Service Tax (Amendment) Rules, 1998; Motor Vehicles Act, 1988 - Sections 2; Constitution of India - Articles 14 and 246(1); Punjab Passengers and Goods Taxation Act, 1952 - Sections 3(3); Service Tax Act, 1994

Reported in : AIR2005SC3020; (2005)4CompLJ440(SC); (2005)194CTR(SC)428; 2005(99)ECC377; 2005(182)ELT33(SC); [2005]274ITR194(SC); JT2005(Suppl3)SC389; (2005)4SCC214; 2006[3]STR608; 200

by goods transport operators were omitted with effect from 16th October, 1998. By the Finance Act (No. 2), 1998, Section 69 was also amended. The various sub-sections including Sub-sections (2) and (5) were omitted. The body of the sections

Assistant Commissioner of Income Vs. Nalanda Housing Development Ltd.

Court : Income Tax Appellate Tribunal ITAT Rajkot

Subject : Direct Taxation

Reported in : (2005)98TTJ(Rajkot.)518

Development (P) Ltd. (supra). Furthermore, the proviso to Section 69C had been inserted in the statute book by Finance (No. 2) Act 1998 w.e.f. 1st April, 1999. Thus the effect of this proviso will alter the position only w.e.f. asst. yr. … of Revenue relates to CIT(A)'s direction in deleting the addition of Rs. 50,71,505 made as unexplained investment under Section 69 of the IT Act.4. The brief facts of the case are that the assessee is a private limited

Das'S Friends Builders (P) Ltd . Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Agra

Subject : Direct Taxation

Reported in : (2004)88TTJAgra651

cases. This section prescribes the method of valuation of stock-in-trade. But this section came on the statute by Finance (No. 2) Act, 1998, with effect from 1-4-1999. This is substantive provision of law which was brought on the statute with a … by the revenue relate to the deletion of the addition of Rs. 81,69,717 made by assessing officer under section 69 of the Act on account of unexplained investment in the property constructed for sale.Briefly, the facts of the

Dy. Cit(A) Vs. Subham Industries

Court : Income Tax Appellate Tribunal ITAT Lucknow

Subject : Direct Taxation

case, in view of the newly inserted provisions of Section 142A with retrospective effect from 15.11.1972 by the Finance (No. 2) Act, 2004, the order dated 9^thNovember, 2004, passed in I.T.A. Nos. 1399 & 1400/Alld/1998 should not be recalled as … assessment or reassessment under this Act, where an estimate of the value of any investment referred to in Section 69 or Section 69B or the value of any bullion, jewellery or other valuable article referred to in Section

Deputy Commissioner of Vs. Shubham Industies

Court : Income Tax Appellate Tribunal ITAT Lucknow

Subject : Direct Taxation

Reported in : (2007)104ITD126Luck

Officer under Section 142A of the Act. The Section 142A of the Act, which has been inserted by Finance (No. 2) Act, 2004 reads as under: 142A. (1) For the purposes of making an assessment or reassessment under this Act, … in ITAT's order dated 9-11-2004, passed in ITA Nos. 1399 and 1400/Alld 1998 for the assessment years 1995-96 and 1996-97.2. The Department has stated in … assessment or reassessment under this Act, where an estimate of the value of any investment referred to in Section 69 or Section 69B or the value of any bullion, jewellery or other valuable article referred to in Section

Deputy Commissioner of Income Tax Vs. Shubham Industries

Court : Income Tax Appellate Tribunal ITAT Lucknow

Subject : Direct Taxation

Reported in : (2007)106TTJLuck34

AO under Section 142A of the Act. The Section 142A of the Act, which has been inserted by Finance (No. 2) Act, 2004, reads as under: 142A. Estimate by Valuation Officer in certain cases.(1) For the purposes of making an … assessment or reassessment under this Act, where an estimate of the value of any investment referred to in Section 69 or Section 69B or the value of any bullion, jewellery or other valuable article referred to in Section