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Wallfort Shares and Stock Brokers Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2005)96ITD1(Mum.)

exemption from tax. The holding period of 3 months has been subsequently increased to 9 months by the Finance (No. 2) Act, 2004 with effect from 1-4-2005. Assuming that the provisions of section 94(7) were not retrospective and only prospective in … to the judgment of Honble Bombay High Court in the case of Ahmuty & Co. Ltd., 27 ITR 63 (Bom.) to the effect that dividend income received by the assessee, who was a dealer in shares, was

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 … of the DVO as not good evidence. (ii) Modern Construction Development & Project Promotion v. Asstt. CAT (1997) 63 ITD 235 (Cal) 11. On analysing the aforesaid judgment, we find that in order to refer the matter

Wallfort Shares and Stock Brokers Vs. Income-tax Officer [Alongwith

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

exemption from tax. The holding period of 3 months has been subsequently increased to 9 months by the Finance (No. 2) Act, 2004 w.e.f. 1.4.2005. Assuming that the provisions of Section 94(7) were not retrospective and only prospective in effect, those … to the judgment of Hon'ble Bombay High Court in the case of Ahmuty & Co. Ltd., 27 ITR 63 (Bom.) to the effect that dividend income received by the assessee, who was a dealer in shares, was

Ashok Leyland Finance Ltd. Vs. the Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Chennai

Subject : Direct Taxation

Reported in : (2008)114TTJ(Chennai)865

given power to refer the matter to the DVO in certain cases. This provision was inserted by the Finance (No. 2) Act, 2004 with retrospective effect from 15-11-1972. The learned Judicial Member did not make any comment on this aspect whereas … assessee preferred appeal there against.It was alleged before the Commissioner (Appeals) that the prescription of Explanation 4A to Section 43(1) cannot be invoked as it was made applicable with effect from 1-10-1996 only. The prescription of Explanation … the DVO and had taken the cost of the assets at Rs. 63,92,750/- in the original assessment. Being aggrieved with that order the assessee preferred

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

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 … of Rs. 5.83 crores being the administrative fee paid by the Assessee to HIAI. Questions (c) and (d) 63. Question (c) concerns the prior expenses for the period 1st January 2000 to 31st March 2000 which was

State of West Bengal Vs. Calcutta Club Limited

Court : Supreme Court of India

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 … “taxable service” was defined as follows: ““Taxable service” means any service provided- 63 (zze) to its members by any club or association in relation to … 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,

Van Oord Dredging and Marine Vs. Adit, (international

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2008)297ITR115(Mum.)

Toyo Engg. Corpn. ITA No.6600/M/02, cited by the assessee, has not considered the amendment made by Finance (No.2) Act, 2004 which has modified the amendment made by Finance Act, 2001 retrospectively. He relied on decision in 94 ITD … allowable deduction. He relied on the decision in 93 TTJ 232 (Jodh.), 63 ITR 766 (AP); 82 ITR 136(AII); 188 ITR 532 (Ker); 161 ITR … in relation to the NMPT project and this amount was treated as income from its discontinued business Under Section 176(3A) of the IT Act, 1961, apart from certain other additions and disallowances. The appeal to the CIT(A)

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

Court : Supreme Court of India

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 … the additional arguments presented before us to persuade us to hold that Velliappa was wrongly decided. LEGISLATIVE INTENT 63. One of the functions of the Court is to ascertain the true intention of the Parliament in enacting

In Re: Coastal Andhra Power

Court : Central Electricity Regulatory Commission CERC

Subject : Land Acquisition

Coastal Andhra Power Limited, was incorporated under the Companies Act, 1956, as a wholly owned subsidiary of Power Finance Corporation (a Government company) with a total authorized and paid up share capital of Rs. 5 lakh. The … made by Coastal Andhra Power Limited under Section 63 of Electricity Act, 2003 for adoption of tariff determined through international competitive bidding process for supply … 1. The present application has been made by Coastal Andhra Power Limited under Section 63 of Electricity Act, 2003 for adoption of tariff determined through international competitive bidding process for supply of electricity