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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, … back to the A. O. covered an amount of more than Rs. 99 lakhs. On 20th November, 1998, the petitioner filed its declaration under Section … 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

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

Union of India and anr. Vs. Ms Nitdip Text. Processors Pvt. Ltd. and o ...

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution Of India - Article 226, 14; Finance (No.2) Act, 1998 - Section 87(m)(2) (b), 88, 89, 95, 98; Central Excise Act, 1944 - Section 14, 11A, ; Central Excise Rules, 1944 - Rule 173 Q, Section 209 A; Income Tax Act, 1961 - Section 297(2), 297(g); General Clauses Act, 1897, - Section 6

Reported in : 2011(4)KLT134(SN); 2012(1)SCC226; 2012(2)SCJ617; AIR2012SCW2723; 2012(2)KCCR61SN

The High Court, vide its impugned Judgment and Order dated 25.07.2005, has declared that Section 87(m)(ii) (b) of Finance (No.2) Act, 1998 is violative of Article 14 of the Constitution of India insofar as it seeks to deny the benefit

Commissioner of Central Excise Vs. Madanlal Steel and Forgings Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Subject : Excise

Reported in : (2006)(113)ECC212

the impugned order, the respondents had filed a declaration with the designated authority under Section 88 of the Finance (No. 2 ) Act, 1998 and the relevant Rules framed thereunder and that the dispute was settled as per the certificate dated 9.3.1999

Alfa Laval India Ltd. Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Pune

Subject : Direct Taxation

Reported in : (2008)298ITR333(Pune.)

provisions contained in Explanation 10 below Section 43(1) of the Act. According to him, this Explanation, inserted by Finance (No. 2) Act, 1998, with effect from 01.04.99, supercedes the judgment relied upon by the assessee. This Explanation provides that where a

Shri Satvinder Singh Kalra and Vs. Commissioner of Wealth-tax

Court : Income Tax Appellate Tribunal ITAT Pune

Subject : Land Acquisition

Reported in : (2007)109ITD241(Pune.)

(5) to Clause (i) of Sub-section (ea) of Section 2 of Wealth-tax Act has been inserted by the Finance (No. 2) Act, 1998 with effect from 1.4.1999. In this connection, the Id counsel for the assessee invited our attention to the … by one of the assessees, i.e. Shri Satvinder Singh Kalra, before the' CIT (A) in the assessment year 99-2000, which reads as under: The AO erred in denying the assessee's claim for excluding let out properties being

Dy. Cit, Range 3(1) Vs. Dwarkaprasad Anil Kumar

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2008)110ITD247(Mum.)

the assessee had already disclosed or would have disclosed was not to be treated as undisclosed income. Further Finance (No. 2) Act, 1998 inserted an Explanation to Section 158BA(2). Clause (b) to Explanation enacted that the total undisclosed income relating to … Group in relation to liquidation process of the three investment companies. The fax stated that TSHL had invested 99 per cent of the share capital of the three investment companies under the 24 per cent investment scheme.The

M/S. Barak Ispat (P) Ltd. Vs. Commr. of Central Excise,

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Subject : Land Acquisition

this Scheme. The Commissioner, therefore, rejected the declaration of the appellants under Section 89 of the Finance (No.2) Act, 1998 with respect to the said show-cause notice involving the tax arrears for an amount of Rs.77,469/-. On receipt

Binny Limited Vs. the Acwt, Jt. Cwt, Special Range Vi

Court : Income Tax Appellate Tribunal ITAT Chennai

Subject : Direct Taxation

Reported in : (2006)280ITR179(Chennai)

5 years by the Finance Act, 1994, w.e.f. 1.4.1995 and it was further extended to 10 years by Finance (No. 2) Act, 1998, w.e.f. 1.4.99; which means that for the assessment year 1993-94, the limit was only three years and upto … industrial company and the company made a reference to Board of Industrial Financial Reconstruction (in short BIFR) under Section 15 of the Sick Industrial Companies (Special Provision) Act in May, 1993. It seems that properties were pledged

Hitech Abrasives Ltd. Vs. Commissioner of C. Ex., Raipur

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Excise

Reported in : (2002)(144)ELT113TriDel

: "12. M/s. Hi Tech Abrasives Ltd., Raipur (C.G.) had made a declaration under Section 88 of the Finance (No. 2) Act, 1998 under Kar Vivad Samadhan Scheme, 1998. The designated authority i.e. Commissioner of Central Excise, Raipur by order of