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May 05 2005

Standard Chartered Bank and ors. Etc. Vs. Directorate of Enforcement a ...

Court : Supreme Court of India

Decided on : May-05-2005

Subject : CompanyCriminal

Acts : Income Tax Act, 1961 - Sections 232(3), 232(3)(1), 276B, 276C, 277, 278 and 278B; Indian Penal Code (Amendment) Bill, 1972; Finance (No. 2) Act, 2004 - Sections 35HA(3); Wealth Tax Act, 1957; Indian Penal Code (IPC) - Sections 7, 11, 62, 417 and 420; Foreign Exchange Regulation Act, 1973 - Sections 56(1); Monopolies and Restricted Trade Practices Act, 1969 - Sections 48A; Code of Criminal Procedure (CrPC) , 1973 - Sections 235; Monopolies and Restricted Trade Practices (Amendment) Act, 1984 ; Foreign Exchange Regulation Act, 1973 - Sections 13, 19(1), 44(2), 18(1), 18A, 50, 51, 56, 57 and 58; Companies Act, 1956; Suppression of Immoral Traffic in Women & Girls Act, 1956 - Sections 3(1); Prevention of Food Adulteration (Amendment) Act No. 34 of 1976; Employees Provident Fund Act; Genera

Reported in : AIR2005SC2622; 2005(4)ALD10(SC); III(2005)BC119(SC); [2005]125CompCas513(SC); (2005)4CompLJ464(SC); 2005(3)CTC39; (2005)195CTR(SC)465; 119(2005)DLT687(SC); 2005(100)ECC457; (2005) 4 SCC 530

on 16th September, 2003. Section 278B was promptly amended by Parliament by insertion of sub-section (3) by the Finance (No. 2) Act, 2004 w.e.f. 1.10.2004. The inserted sub-section (3) reads as under:'278B (3) Where an offence under this Act has been … 1999 filed a writ petition before the High Court of Bombay challenging various notices issued to them under Section 50 read with Section 51 of the Foreign Exchange Regulation Act, 1973 (for short, the FERA Act) and contended

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Mar 09 2007

Dr. Ramesh Kumar Anand Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Amritsar

Decided on : Mar-09-2007

Subject : Direct Taxation

on the other hand, referred to the amendment introduced in the Act by inserting Section 142A by the Finance (No. 2) Act, 2004 with retrospective effect from 15-11-1972 and submitted that such reference to valuation cell for ascertaining the cost of … respectively per sq. yard It was also stated that the assessee was owner only to the extent of 50 per cent and his wife owned remaining 50 per cent share in the property. She was separately being

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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 … a tax return is filed. Non-residents may be beyond the collection jurisdiction of the taxing country. (emphasis supplied) 50. While the above explanation provides the rationale for insisting on deduction of TDS from payments made to non-resident,

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Aug 26 2014

M/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise

Court : Mumbai

Decided on : Aug-26-2014

Subject : Service Tax

the Education Cess on excisable goods leviable under section 91 read with section 93 of the Finance (No.2) Act, 2004 (23 of 2004)(via)(via) the Secondary and Higher Education Cess on excisable goods leviable under section 136 read with … and Sons, (1981(47) STC 318) 49. Mehra Brothers Vs. Joint Commercial Officer, Madras, (1991)1 Supreme Court Cases 514) 50. Banco Products (India) Ltd. Vs. Commissioner of C. Ex., Vadodara-I, (2009(235) ELT 636 (Tri-LB)) 51. Commr. Of C.

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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 … net profit of Rs. 2,89,694/- has been shown giving N.P. rate of 46.47% as against N.P. rate of 50.91% declared in the immediate preceding year on commission income of Rs. 6,00,450/-. The N.P. rate declared this year

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Dec 21 2004

S. Bangarappa (Huf) Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT

Decided on : Dec-21-2004

Subject : Land Acquisition

Reported in : (2005)96TTJ(Bang.)662

decisions of the authorities below. He further took us to the provisions of Section 142A inserted by the Finance (No. 2) Act, 2004.He pointed out that the section was introduced with a view to remove any doubt in this regard w.r.e.f. … sump, clearing the debris of the old structure, was done in financial year 1996-97. For this about Rs. 50,000 was spent. During financial year 1997-98, the brick work started and done upto lintel level. For this, the

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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 … M/s Shiv Traders that they had accounted for only an amount of Rs. 45,323. The difference of Rs. 506 was on account of Kasar accounted by M/s Shiv Traders in their books of account and credited to

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Sep 01 2016

Ebiz.Com Pvt. Ltd. Vs. Union of India and Others

Court : Delhi

Decided on : Sep-01-2016

Subject : Service Tax

by the DGCEI are illegal and ultra vires the provisions of the Finance Act, 1994 ( FA ). Respondent No. 3 was impleaded pursuant to … ), directed againstUnion of India (Respondent No. 1), the Director General of Central Excise Intelligence ('DGCEI - Respondent No. 2) and the Commissioner Audit-II of the Ghaziabad Commissionerate (Respondent No.3), seeks a declaration that the search conducted by … service tax arrears. 106. In a different context, while interpreting the provisions of the Delhi Value Added Tax Act, 2004 ( DVAT Act ), this Court in CapriBathaid Pvt. Ltd. v. Commissioner of Trade and Taxes 2016 (155) … A of the FA and the corresponding Rules 50. The FA does provide for special audits where … late in the evening at 7:40 pm on 20th January 2016 under Section 91 of the FA and sent to judicial custody. It was alleged

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Jan 23 2015

Trans Asian Shipping Services Pvt.Ltd. Vs. Commissioner of Income Tax.

Court : Kerala

Decided on : Jan-23-2015

Subject : Direct Taxation

& 129/12 -:5. :- of the Rules and Form No.66 under the Rules. Explanatory Notes to the Finance Act, 2004 were also referred to. The statutory form of audit report which should be in Form 66 specifically says … B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE23D DAY OF JANUARY20153RD MAGHA, 1936 ITA.No. 128 of 2012 () ----------------------- (AGAINST THE ORDER IN ITA.NO. 80/COCH/2012 OF INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, COCHIN DATED2007-2012) ------------- … refer to as the `assessee', is a `qualifying company' in terms of Section 115VC and that it owns at least one `qualifying ship' as defined … BENCH, COCHIN. ANNEX K COPY OF THE TAX PAYMENT CHALLAN DATED152/08 ANNEX L COPY OF THE COMPARATIVE STATEMENT SHOWING THE TAX PAYABLE UNDER THE TONNAGE

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May 31 2006

Mrs. Meena Rajagopal Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : May-31-2006

Subject : Direct Taxation

Reported in : (2006)103TTJ(Mum.)54

Act, in asst. yr. 2000-01, is further supported by the fact that Section 56(1)(v) is inserted by the Finance (No. 2) Act, 2004 w.e.f. 1st April, 2005 to provide that any gift exceeding Rs. 25,000 received by an individual or HUF, … for our consideration is whether the amount of Rs. 1 crore by way of two gifts of Rs. 50 lakhs each received by the assessee from Shri G.K. Ramamurthy is assessee's income for the asst. yr. 2000-01

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