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In Re: Universities

Court : Authority for Advance Rulings

Subject : Direct Taxation

Reported in : (2005)194CTRAAR289

Tax Act, 1961 - Sections 45(1), 48, 112, 112(1), 115I, 115O, 115AD, 115AD(3) and 245(1); Finance Act, 1999; Finance (No. 2) Act, 2004; Securities Contracts (Regulation) Act, 1956 - Section 2Union of India v. A. Sanyasi Rao, Appeal (Tribunal)--PROCEDUREReversal of order

Estate Late Shri Dharambir Vs. the Dcit [Alongwith Ita Nos. 7279,

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2005)96TTJ(Mum.)880

drawn attention of the A.O on the provisions of Section 45(5) which was introduced w.e.f. 1/4/88 by the Finance Act 1987. The case laws cited before A.O were as follows.However, the A.O was of the view that … of all such cases between the period of April 1992 to April, 2004 because Sub-section (7A) of Section 155 stood deleted from April, 1992 and … arising out of separate orders of CIT (A) XVII, Mumbai all dated 25/11/2002. The issue raised as per ground of appeal and the grounds involved … are inter related and revolve around a single issue of charging of "Long Term Capital Gain" by invoking Section 45(5)(b) of IT Act (herein after referred the Act). Ground No. 4 to 7 have not been contested being

Estate of Late Shri Dharambir

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2005)95ITD83(Mum.)

the assessing officer on the provisions of section 45(5) which was introduced with effect from 1-4-1988 by the Finance Act, 1987. The case laws cited before assessing officer were as follows:CIT v. Hindustan Housing & Land Development … of all such cases between the period of April, 1992 to April, 2004 because sub-section (7A) of section 155 stood deleted from April, 1992 and … arising out of separate orders of Commissioner (Appeals) XVII, Mumbai all dated 25-11-2002. The issue raised as per ground of appeal and the grounds involved … order.The grounds are inter-related and revolve around a single issue of charging of Long Term Capital Gain'by invoking section 45(5)(b) of Income Tax Act (hereinafter referred the Act). Ground Nos. 4 to 7 have not been contested being

Reserve Bank of India Vs. Pattem Surya Prakash Rao and ors.

Court : Andhra Pradesh

Subject : Banking

Acts : Constitution of India - Articles 14, 19, 21, 162, 226 and 301; Deposit Insurance Corporation (Amendment) Act, 1968; Banking Regulation Act, 1949 - Sections 2, 5, 5(1), 11, 11(1), 13A, 13D, 18, 21, 22, 22(3), 22(3A), 22(4), 22(5), 24, 35, 35A, 36, 36A, 36(1), 38, 45K(3), 45W, 56, 115A and 115B; Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995 - Sections 36A and 41(1); Andhra Pradesh Cooperative Societies Act, 1964 - Sections 64, 65, 66, 115A and 115B; Depositors Insurance and Credit Guarantee Corporation Act, 1961 - Sections 2, 13D, 22, 35(4) and 36; Companies Act, 1956 - Sections 58A and 235; Banking Laws (Application to Co-operative Societies) Act, 1965; Reserve Bank of India Act, 1934 - Sections 42(3A); Cooperative Societies Rules; Bengal Money Lenders Act; Govern

Reported in : 2007(6)ALT563

as under:Part MA except Sections 36AAA, 36AAB and 36AAC, Part-IIC, Part-III, except Sub-section (1), (2) and (3) of Section 45, and Part-IIIA except Section 45W shall be omitted.The 1961 Act:41. Section 2(dd) of the Act defined 'cooperative bank' … and not the merits of the decision. The learned Senior Counsel in this regard relied upon Peerless General Finance and Investment Company Private Limited v. Reserve Bank of India : 1991CriLJ1391 .6. The position of Charminar Cooperative … order of the learned Single Judge in Writ Petition No. 23156 of 2004. The learned Single Judge disposed of the said writ petition alongwith Writ

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 … Shiv Traders on 24th Feb., 1997, whereas M/s Shiv Traders had credited payments to the extent of Rs. 45,323 on 28th Feb., 1997. The assessee's case was that it had issued a cheque for Rs. 44,817 to

The Commissioner of Income Tax-16 Vs. M/s Happy Home Enterprises and A ...

Court : Mumbai

Subject : Direct Taxation

or after 1st April, 2005. The date 1st April, 2005 is of some significance because by Finance (No.2) Act, 2004, w.e.f. 1st April 2005, section 80-IB(10) was substantially amended and clause (d) was inserted therein, that stipulates that … (supra) and therefore, the reliance placed by Mr Gupta on the said paragraph is wholly out of context. 45. Having held that clause (d) of section 80-IB(10) is inapplicable to housing projects approved before 31st March, 2005

Enercon (India) Ltd. and Others Vs. Enercon Gmbh and Another

Court : Mumbai

Subject : Arbitration

buttress the said submission by referring to the clauses mentioned in the IPLA, regarding the grant of licences, finance, tenure of the IPLA; iv] That the patents in respect of which the licences were to be given … has to continuously supply special components to the Petitioner No.1. In April 2004 the period of the Technical Know-How Agreement expired, however, the Respondent No.1 … the Trial Court dated 9th January 2009 came to be set aside, resulting in the Application filed under Section 45 of the Arbitration and Conciliation Act, 1996 being allowed in terms of prayer clause 28(a) thereof, and the … have been filed invoking the Writ Jurisdiction of this Court under Article 227 of the Constitution of India challenging the order dated 27th August 2009

Commissioner of Income Tax Vs. Satish Kumar Chandna

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 55A, 131, 142A and 269; Finance No. 2 Act, 2004

Reported in : (2008)218CTR(Del)528; [2009]311ITR276(Delhi)

Counsel for the Revenue has drawn our attention to Section 142A of the Act which was inserted by Finance No. 2 Act, 2004 with retrospective effect from 15th November, 1972.12. Obviously, the Tribunal did not have the benefit of the provisions … and o the facts and circumstances of the case in reducing the addition to Rs. 6 lakhs from 45 lakhs as the capital introduced in the benami business units? (d) Whether the learned ITAT was correct in

Universities Superannuation Scheme Limited as Trustee of Universities ...

Court : Authority for Advance Rulings

Subject : Land Acquisition

following proviso shall be inserted in clause (ii) of sub-section (I) of section 115AD by the Finance (No.2) Act, 2004, w.e.f. 1.4.2005: Provided that the amount of income-tax calculated on the income by way of short-term capital gains … general provisions dealing with capital gains, relevant to the present discussion, may be noticed here. They are sections 45, 48 and 112 of the Act. Section 45(1) declares that any profits and gains arising from the transfer

Shree Choudhary Transport Co. Vs. Income Tax Officer

Court : Supreme Court of India

Subject : Direct Taxation

case before us. Section 11 of the Finance (No.2) Act, 2004 by which sub-clause (ia) was added to 45 section 40(a) of the Income-tax Act does not provide that the same was to become effective from the … 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