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Jun 25 2008

Cit and anr. Vs. Wipro Infotech Ltd.

Court : Karnataka

Decided on : Jun-25-2008

Subject : Direct Taxation

is extracted as hereunder:Two Sections 80AA and 80AB of the Income Tax Act, 1961 were introduced by the Finance (No. 2) Act, 1980. While Section 80AA was to have retrospective effect from 1st April, 1968, Section 80AB was to have … for the revenue is affirmed by the apex court by dismissing the SLP in SLP No. 3828 of 2004 filed by the assessee and he has also placed reliance upon another decision of the Madras High Court … 31-7-2002 passed by the Tribunal in ITA Nos. 651/Bang/1994, 521, 522, 523/Bang/1997, 369, 370, 461, 462 and 538/Bang/2001 framing two substantial questions of law in

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Oct 21 2013

Tamil Nadu Cricket Association Vs. Director of Income Tax

Court : Chennai

Decided on : Oct-21-2013

Subject : Education

the Commissioner to cancel the registration granted under the stated circumstances, reads as under:- Provision inserted under Finance Act, 2004: Section 12AA(3):- Where a trust or an institution has been granted registration under clause (b) of sub-section (1) and … Dated :21. 10.2013 Coram The Honourable Mrs.Justice CHITRA VENKATARAMAN and The Honourable Mr.Justice T.S.SIVAGNANAM Tax Case (Appeal).No.450 of 2013 and M.P.No.1 of 2013 --- The Tamil Nadu Cricket Association No.5, M.A.Chidambaram Stadium Victoria Hostel Road Chepauk, Chennai-600

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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 … first returning a finding on the nature and character of the payment made by the Assessee to HIAI. 36. Consequently, the Court proceeds on the basis that the exceptions mentioned in the Article 26 (3) do not

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Feb 08 2008

Deputy Commissioner of Income Tax, Ahmedabad Vs. Core Health Care Ltd.

Court : Supreme Court of India

Decided on : Feb-08-2008

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28 to 41, 43, 43(1), 80HH, 80I, 90(2) and 260A; Finance Act, 1986 - Sections 43(1); Finance Act, 2003

Reported in : 105(2008)CLT433(SC); (2008)215CTR(SC)1; [2008]298ITR194(SC); JT2008(2)SC367; 2008(2)SCALE327; (2008)2SCC465; 2008AIRSCW1425

directly or indirectly by any other person or authority. Explanation 8 has been inserted in Section 43(1) by Finance Act, 1986 (23 of 1986), with retrospective effect from 1.4.74. It is important to note that the word … Care Ltd.2. These civil appeals are directed against judgment and order dated 25.4.01 delivered by Gujarat High Court in Tax Appeal Nos. 449 and 450 … capital assets not put to use in the concerned financial year can be permitted as allowable deduction under Section 36(1)(iii) of the Income-tax Act, 1961? 5. According to the Department, the assessee was not entitled to treat 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

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Mar 07 2007

Cce Vs. Nahar Industrial Enterprises

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Mar-07-2007

Subject : Service Tax

Reported in : (2007)7STR26

Finance Act, 2005 can only be utilized only for the payment of such duties. Vide Section 88 of Finance (No. 2) Act, 2004, it has been provided that the credit of AED(GSI) paid on or after 1.4.2000 shall be allowed to … for payment of Cenvat duty and interest thereon. The scheme also provides for payment of aforesaid amount in 36 equated monthly instalments {for further details, Clause 124 of Finance Bill, 2005 may be referred to}. It has

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Feb 15 2008

Aquarius Travels (P) Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Feb-15-2008

Subject : Direct Taxation

Reported in : (2008)111ITD53(Delhi)

. The attention of the learned Authorised Representative was drawn to Section 14A which was inserted by the Finance Act, 2001 with retrospective effect from 1st April, 1962 as per which any expenditure incurred by the assessee … the year under consideration, since the loan had been borrowed for business purposes, the conditions set out in Section 36(1)(iii) of IT Act are satisfied and therefore the interest is allowable.8.2. The AO, after considering the relevant material

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Jul 24 2018

N & N Chopra Consltants Pvt. Ltd. Vs.principal Commissioner, Goods ...

Court : Delhi

Decided on : Jul-24-2018

Subject : Service Tax

the amount of service tax shown in para 70.1 against them under Section 95 of the Finance (No.2) Act, 2004 read with Section 66 of the Act; I confirm the demand of SHEC amounting to Rs.29,370/- (Rupees twenty

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Aug 27 2007

Amit Estate Organizer Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Aug-27-2007

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 … yd. inclusive of land cost and development and profit, the DVO valued the cost of construction at Rs. 368 per sq. yd. during the year 1985 to 1987. To our mind, this is highly irrational and far

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Oct 18 2004

Asstt. Commissioner of Income Tax Vs. Poddar Projects Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Oct-18-2004

Subject : Direct Taxation

Reported in : (2005)92ITD468(Kol.)

useful to refer to the provisions of Section 32(2) as existed prior to the amendment made by the Finance (No. 2) Act, 1996 as well as subsequent to such amendment.10. Provision of Section 32(2) as it stood prior to the … remained unabsorbed and is brought forward to the assessment year 1997-98 and subsequent assessment years upto assessment year 2004-05 can be set-off as per pre-amended Section 32(2) and, consequently, it can, be set-off against taxable business profits … by the assessee from the tenants on regular basis aggregating to Rs. 36,72,918/- which represents surcharge on Municipal tax.3. We have heard both the parties

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