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Jul 29 2020

Shree Choudhary Transport Co. Vs. Income Tax Officer

Court : Supreme Court of India

Decided on : Jul-29-2020

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 … 40(a)(ia) of the Act by the Finance (No.2) Act, 2014, restricting and limiting the extent of disallowance to 30% of the expenditure and has submitted that the said amendment, being curative in nature and having been introduced

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May 13 2016

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

Court : Delhi

Decided on : May-13-2016

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 … Assessee had applied for grant of such permission on 24th March 2000, the RBI granted permission only on 30th June 2000. The RBI directed the Assessee to remit only 10,00,000 US$ as reimbursement of head office expenses.

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Nov 10 2017

M/S. Srd Nutrients pvt.ltd. Vs. Commissioner of cent.excise, Guwahati

Court : Supreme Court of India

Decided on : Nov-10-2017

Subject : Land Acquisition

associated with the aforesaid notification granting exemption from payment of excise duty.3) It so happened that vide Finance Act, 2004, the Education Cess and Higher Education Cess were also imposed, which are surcharge on the excise duty. These … 8323-8324 OF2010Civil Appeal Nos. 2781-2790 of 2010 & Ors. Page 1 of 30 CIVIL APPEAL NOS. 5927-5929 OF2010CIVIL APPEAL NOS. 3735-3750 OF2011CIVIL APPEAL NOS. 5022-5023 … REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2781-2790 OF2010M/S. SRD NUTRIENTS PRIVATE LIMITED .....APPELLANT(S) VERSUS COMMISSIONER OF CENTRAL EXCISE GUWAHATI .....RESPONDENT(S) W I T H CIVIL … Central Excise Act, 1944 (hereinafter referred to as the ‘Act’) read with Section 3(3) of the Additional Duties of Excise (Goods of Special Importance) Act,

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Apr 21 2022

L. Venkataramana Raju Vs. Union Of India

Court : Karnataka

Decided on : Apr-21-2022

Subject : Land Acquisition

capital gains arising from the transfer. (including compulsory acquisition) of such agricultural land is not taxable. Finance (No.2) Act, 2004 inserted Sec.10(37) in the Act from 01.04.2005 to provide specific exemption to the capital gains arising to an … discrimination and be violative of Article 14 of the Constitution of India. 10.3 Thirdly, it is contended that Section 30 of the KIAD Act (prior to amendment vide Karnataka Act No.20 of 2022 w.e.f 05.04.2022) which provided for

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Apr 21 2022

M/s Sri Balaji Corporate Services Vs. Union Of India Ministry Of Finan ...

Court : Karnataka

Decided on : Apr-21-2022

Subject : Land Acquisition

capital gains arising from the transfer. (including compulsory acquisition) of such agricultural land is not taxable. Finance (No.2) Act, 2004 inserted Sec.10(37) in the Act from 01.04.2005 to provide specific exemption to the capital gains arising to an … discrimination and be violative of Article 14 of the Constitution of India. 10.3 Thirdly, it is contended that Section 30 of the KIAD Act (prior to amendment vide Karnataka Act No.20 of 2022 w.e.f 05.04.2022) which provided for

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Oct 03 2019

State of West Bengal Vs. Calcutta Club Limited

Court : Supreme Court of India

Decided on : Oct-03-2019

Subject : Service Tax

The Finance Act, 2003 brought 8 new services within the ambit of service tax. Further, the Finance (No.2) Act, 2004 brought 13 new services under service tax which included reintroduction of service tax on 3 services and also … therefore, no sales tax could be levied.4. The Tribunal referred to Article 366(29-A) of the Constitution of India, Section 2(30) of the Act, its earlier decision in Hindustan Club Ltd. v. CCT [Hindustan Club Ltd. v. CCT,

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Apr 30 2009

Commissioner of Income-tax Vs. Leather Trends (P) Ltd.

Court : Allahabad

Decided on : Apr-30-2009

Subject : Direct Taxation

Reported in : [2010]320ITR114(All)

appearing for respondent-assessee.3. Relying on the provisions of Section 142A of the Act which was inserted by the Finance (No. 2) Act, 2004, with effect from November 14, 1972, the learned standing Counsel submits that the Tribunal committed an error of … that nothing contained in this Section shall apply in respect of an assessment made on or before the 30th day of September, 2004, and where such assessment has become final and conclusive on or before that date,

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Dec 18 2015

The Additional Commissioner, Central Excise, Madurai Vs. M/s. Strategi ...

Court : Chennai Madurai

Decided on : Dec-18-2015

Subject : Service Tax

plant, machinery or equipment". This came into effect on 01.07.2003. 11. By Section 90 of the Finance (No.2) Act, 2004, Section 65(28) was omitted and a new section 65(39a) was inserted with effect from 10.09.2004. This Section 65(39a) read … GRP Pipes for various customers during the period from 01.07.2003 to 31.10.2004. Therefore, a show cause notice, dated 30.05.2005, was issued on the ground that they are liable to pay service tax on the value of the

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Apr 07 2016

Simplex Infrastructures Ltd. Vs. Commissioner of Service Tax, Kolkata

Court : Kolkata

Decided on : Apr-07-2016

Subject : Service Tax

was brought under the purview of service tax with effect from 10th September, 2004 by the Finance (No.2) Act, 2004. The petitioner is making payment of service tax as per law and filing return regularly. (4) The levy … the petitioner was basically engaged in civil engineering construction and was not ‘consulting engineer’ within the meaning of Section 65(11) of the Finance Act, 1994. (as amended by Finance Act, 1997).(6) Thereafter, the respondent did not proceed … Show Cause-cum-Demand Notice, if no cause was shown within a period of 30 days from the date of receipt of the notice, the case was

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Feb 23 2006

Commissioner of Income Tax Vs. Rohtas Projects Ltd.

Court : Allahabad

Decided on : Feb-23-2006

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 38A; Finance Act, 2004; Income Tax Act, 1961 - Sections 55A, 69, 69A, 69B, 131(1), 133, 142A, 142A(1) and 153A

Reported in : (2006)204CTR(All)139

Tribunal is not in accordance with law as it ignores the provisions of Section 142A introduced by the Finance (No. 2) Act, 2004, with retrospective effect from 1bth Nov., 1972. Section 142A of the IT Act reads as under:142A. Estimate by … against the cost of Rs. 5,77,02,689 disclosed by the assessee. The difference of the cost amounting to Rs. 30,55,436 was added by the AO but, the addition was deleted by the CIT(A), on appeal being preferred by

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