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Southern Agro Engine (P) Ltd. Vs. Union of India (Uoi) and anr.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 40 and 200; Finance Act (No. 2), 2004

Reported in : (2008)215CTR(Mad)470

The petitioner, has challenged the constitutionality of Clause (ia) of Section 40(a) of IT Act introduced by the Finance (No. 2) Act of 2004 w.e.f. 1st April, 2005 as ultra vires and striking down the same insofar as it provides … which tax is not deducted at source or paid over to the Government within the time provided under Section 200 shall not be deductible in computing the income.2. Pending writ petition, the petitioner has sought for stay the

Shree Choudhary Transport Co. Vs. Income Tax Officer

Court : Supreme Court of India

Subject : Direct Taxation

from 2006-07. We, however, do not subscribe to the view so canvassed by the assessee. The Finance (No.2) Act 2004 has brought an amendment in Section 40 of the Act making it applicable w.e.f. 01/04/2004 (sic)8. Since this … previous year, or in the subsequent year before the expiry of the time prescribed under sub-section (1) of Section 200, such sum shall not be allowed as a deduction while computing the total income. As can be seen,

Commissioner of Income Tax Vs. Herbalife International India Pvt. Ltd.

Court : Delhi

Subject : Direct Taxation

payment made to residents and non-residents have to be the same. (b) Prior to its amendment by the Finance (No. 2) Act, 2004 Section 40 (a) (i) of the Act provided for disallowance of payments made to non-residents where tax is not … previous year, or in the subsequent year before the expiry of the time prescribed under sub-section (1) of section 200: Provided that where in respect of any such sum, tax has been deducted in any subsequent year or,

Silkone International and Rathi Vs. the Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Subject : Service Tax

Reported in : (2006)(111)ECC455

carved out by bringing in amendment to Section 9A of the Customs Tariff Act vide Section 76 of Finance (No. 2) Act, 2004. Therefore, he prays for setting aside the RF and penalty.3. The learned JCDR fairly concedes that the issue … on this very issue, the Apex Court, in the case of CCE, Ahmedabad v. Orient Fabrics Pvt. Ltd. 2003 (158) ELT 545(SC), has held that there is no provision made out in the Central Excise Act for

Dharampal Premchand Ltd. and ors. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Subject : Service Tax

Reported in : (2007)(123)ECC254

be deposited in an Escrow Account. The Notification neither exempts Education Cess imposed under Section 91 of the Finance (No. 2) Act, 2004 nor it requires any amount equal to the Education Cess to be deposited in the Escrow Account.3. We … Escrow Account. The Notification neither exempts Education Cess imposed under Section 91 of the Finance (No. 2) Act, 2004 nor it requires any amount equal to the Education Cess to be deposited in the Escrow Account.3. We

Oxford Academy for Career Development Vs. Chief Commissioner of Income ...

Court : Allahabad

Subject : Direct Taxation

Reported in : (2009)226CTR(All)606

or withdraw such registration. He submitted that Section 12AA(3) came into force w.e.f. 1st Oct., 2004, by the Finance (No. 2) Act, 2004. The said provision reads as under:12AA. Procedure for registration.-...(3) Where a trust or an institution has been granted … Counsel for the respondents.2. The present writ petition has been preferred against the impugned order dt. 9th March, 2004, passed by the CIT under Section 12A of the IT Act, 1961, where he has cancelled the registration

Commissioner of Income Tax -xiii Vs. Rajinder Kumar

Court : Delhi

Subject : Direct Taxation

was introduced with effect from 1 st April, 2005 by Finance (No.2), 2004 Bill. Explaining the rationale behind insertion of the said Section, the Memorandum … The assessee was asked to explain why disallowance should not be made under Section 40(a)(ia) as amended by Finance Act, 2008 with retrospective effect from 1st April, 2005. The assessee filed written submissions that they had not … or after deduction, has not been paid before the expiry of the time prescribed under sub-section (1) of section 200 and in accordance with the other provisions of Chapter XVII-B. It is also proposed to provide that where … NEW DELHI + INCOME TAX APPEAL No.65/2013 Date of decision:1. t July, 2013 COMMISSIONER OF INCOME TAX -XIII ..... Appellant Through Mr. N.P. Sahni, Sr.

Millennium Infocom Technologies Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2008)117TTJ(Delhi)456

(ia) which contains identical provisions in respect of payments made to a resident has been inserted by the Finance (No. 2) Act, 2004, w.e.f.1st April, 2005. In this sub-clause words "rent, royalty" have been inserted w.e.f. 1st April, 2006. Provisions of … order of CIT(A)-IX, New Delhi.2. The first issue consideration relates to sustaining of disallowance of Rs. 3,26,386 under Section 40(a)(i) of the Act. The facts of the case stated in brief are that during the year under … 1. This appeal by the assessee for asst. yr. 2001-02 arises out of order of CIT(A)-IX, New Delhi.2. The first issue consideration

Saroj Sales Organisation Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2008)115TTJ(Mum.)485

5 per cent of the limit prescribed, it is pointed out that this sub-section was amended by the Finance (No. 2} Act, 2004 w.e.f.1st April, 2005. Prior to its substitution the section granting 100 per cent deduction of income arising from … 1. This is an appeal filed by the assessee arising out of the order dt.28th March, 2007 of the CIT(A), Mumbai, for the asst. yr. 2005-06.2. The assessee is a partnership firm engaged in the

Laukik Developers Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2007)105ITD657(Mum.)

the Act. Both the assessee and the Revenue stated before us that the amendment brought by Finance No.(2) Act, 2004 with effect from 01 04.05 introducing sub clause(d) in the provision of Section 80-IB(10) shall have no application … 1. This appeal by the assessee for the assessment year 2002-2003 is directed against the order of the CIT(A). The only issue in this appeal is regarding the validity