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income-tax Officer and ors. Vs. Kajaria Investment and Properties P. L ...

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 133(6), 142, 142A, 143, 147 and 148; ;Finance (No. 2) Act, 2004

Reported in : [2008]297ITR45(Cal)

authorised to undertake such valuation as the power conferred upon him under Section 142A was introduced by the Finance (No. 2) Act of 2004, with retrospective effect from November 15, 1972, whereas the subject assessment sought to be reopened related … the case of Smt. Amiya Bala Paul reported in , held that either under Section 133(6) or under Section 142 the Income-tax Officer was not entitled to seek report from the Valuation Officer. Hence, the report of the

Smt. Saraswati Devi Gehlot Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Subject : Direct Taxation

Reported in : (2008)304ITR354(Jodh.)

the DVO for determining the cost of construction, we find that this section has been inserted by the Finance (No. 2) Act, 2004, w.r.e.f. 15th Nov., 1972. Circular dt. 15th July, 2005 copy placed in the paper book, provides that the … Paul v. CIT to contend that such reference was invalid. He further referred to the provisions of Section 142A and Circular No. 5 of 2005, dt. 15th July, 2005 (2005) 197 CTR (St) 1 to show that

M/S. Tikaula Sugar Mills Limited Vs. Cit Muzaffarnagar

Court : Allahabad

Subject : Direct Taxation

believe". The Tribunal referred to the amendment made in section 142-A in Income Tax Act by Finance (No.2) Act, 2004 retrospectively w.e.f. 15.11.1972 providing under sub-section (1) that where an estimate of the value of any investment is

Rallis India Ltd. Vs. Commissioner of Income-tax (Appeals)- XXI, Mumba ...

Court : Mumbai

Subject : Direct Taxation

to make a reference to a Valuation Officer is Section 142-A of the Act introduced by Finance (No.2) Act 2004 with retrospective effect 15th November, 1972. Section 142-A of the Act deals with determination of the FMV of

Ashok Leyland Finance Ltd. Vs. the Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Chennai

Subject : Direct Taxation

Reported in : (2008)114TTJ(Chennai)865

given power to refer the matter to the DVO in certain cases. This provision was inserted by the Finance (No. 2) Act, 2004 with retrospective effect from 15-11-1972. The learned Judicial Member did not make any comment on this aspect whereas … assessee preferred appeal there against.It was alleged before the Commissioner (Appeals) that the prescription of Explanation 4A to Section 43(1) cannot be invoked as it was made applicable with effect from 1-10-1996 only. The prescription of Explanation … power of enquiry granted to an Assessing Officer under Section 133(5) and 142(2) does not include the power to refer the matter to the Valuation

Commissioner of Income-tax Vs. Aar Pee Apartments P. Ltd.

Court : Delhi

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 2004 - Sections 142A; Income Tax Act, 1961 - Sections 55A, 69, 69A, 69B, 69C, 131, 142A and 142A(1)

Reported in : [2009]319ITR276(Delhi); [2010]188TAXMAN39(Delhi)

DVO for determining the cost of construction was not justified even after insertion of Section 142A by the Finance (No. 2) Act, 2004, with retrospective effect from November 15, 1972 ?3. Learned Counsel for the parties are ready to argue. Accordingly, … Officer to the DVO for determining the cost of construction was not justified even after insertion of Section 142A by the Finance (No. 2) Act, 2004, with retrospective effect from November 15, 1972 ?3. Learned Counsel for

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 held … the facts and in the circumstances of the 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

Amit Estate Organizer Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2008)113TTJ(Ahd.)1018

the basis of report obtained under such reference. Section 142A has been introduced in the statute book by Finance No. 2 Act, 2004 with retrospective effect from 15th Nov., 1972, according to which for the purpose of making an assessment or … to make a return under Section 139 or in response to a notice issued under Sub-section (1) of Section 142 or Section 148 or to disclose fully and truly all material facts necessary for his assessment, for that

Commissioner of Income Tax – Ii, Lucknow Vs. Ms. Lucknow Public Educ ...

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Section 142A, 12A, 55A, 69B, 131 (1) (d); Societies Registration Act, 1860 -

section 2 of the Wealthtax Act, 1957 (27 of 1957).8. The Section was inserted by the Finance (No.2) Act, 2004 with effect from 15.11.1972 to confer power on the Assessing Officer, to refer the matter to the Valuation … questions of law:- 1. Whether while referring the property to valuer in pursuance to powers conferred under Section 142-A of the Income Tax Act, it shall be necessary for the assessing authority to record reason with regard

Krishna Lifestyle Technologies Ltd. Vs. Union of India (Uoi) Through t ...

Court : Mumbai

Subject : Excise

Acts : Customs Act, 1962 - Sections 142; Central Excise Act, 1944 - Sections 11; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2005 - Sections 13(6) and 35; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002; Finance Act, 2004 - Sections 11; Central Boards of Revenue Act, 1963 - Sections 11D; Customs Act, 1862; Karnataka Land Revenue Act - Sections 158 and 190; Contract Act - Sections 176; Central Sales Tax Act - Sections 9; Transfer of Property Act, 1882 - Sections 100; State Financial Corporation Act, 1951 - Sections 29 and 29(2); Karnataka Sales Tax Act - Sections 15; State Corporation Act, 1951 - Sections 25; Income Tax Act - Sections 2(13); Bombay Sales Tax Act, 1959 - Se

Reported in : (2008)110BOMLR456; 2008BusLR314(Bom); 2008(125)ECC208; 2008(151)LC208(Bombay); 2008(229)ELT173(Bom); 2009[16]STR669

is the power of attachment and sale. The section before the insertion of the proviso by the Finance Act, 2004, only permitted an Officer empowered, to recover any sums payable by attachment and sale of excisable goods belonging … Respondent No. 4 issued sale certificate for the immovable property and also sale certificate for the movables.3. Respondent No. 2 by an Order of 27-11-2001 had made a demand of duty under Central Excise Act, 1944 and had … dated 23-3-2005. This exercise was done pursuant to the provisions of Section 142(l)(C)(II) of the Customs Act, 1962 read with Customs (Attachment of Property of