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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

C.I.T Mumbai Vs. M/S Sarkar Builders

Court : Supreme Court of India

Subject : Land Acquisition

time to time. We are concerned with the amendment to the said sub-section carried out by Finance No.2 Act, 2004 w.e.f. 01.04.2005. In all these cases, though the housing projects were sanctioned much before the said amendment but … concerned. It may also include carried-forward loss which is required to be set up against future income under Section 72 of the Act. Therefore, the applicable law on the date of filing of the return cannot be confined

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 … jurisprudence does not say so.'50. In M.V. Jawali v. Mahajan Borewell & Co. and Ors. 1977 (8) SCC 72 this Court was considering a similar situation as in the present case. Under Section 278B of the Income

Commissioner of Income Tax Vs. Malwa Texturising (P) Ltd.

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Companies Act, 1956; Income Tax Act, 1961 - Sections 158BC, 249, 253, 254, 254(1) and 254(2) ; Finance (No. 2) Act, 1998 - Sections 89, 90, 90(1), 90(2), 90(4), 249(4) and 254(2)

Reported in : (2006)204CTR(MP)549; [2007]292ITR488(MP)

appeal was pending before the Tribunal, Kar Vivad Samadhan Scheme, 1998 (for short KVSS) was introduced by the Finance (No. 2) Act, 1998. The assessee submitted an offer for settlement under the KVSS and submitted a declaration under Section 89 … ORDERA.K. Patnaik, C.J.1. This is an appeal against the order dt. 16th Jan., 2004 passed by the Tribunal, Indore Bench, Indore in MA No. 8/Ind/2003.2. The facts briefly are that the respondent

Saroj Sales Organisation Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2008)115TTJ(Mum.)485

5 per cent of the limit prescribed, it is pointed out that this sub-section was amended by the Finance (No. 2} Act, 2004 w.e.f.1st April, 2005. Prior to its substitution the section granting 100 per cent deduction of income arising from

Hanemp Properties Pvt. Ltd. Vs. Asstt. Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2006)101ITD19(Delhi)

be bad in law, in view of the provisions of Section 142A of the Act inserted by the Finance (No. 2) Act, 2004 with retrospective effect from 15.11.1972.11. We are now left with the argument of the learned Counsel for the … 131 ITR 597 (SC). He also placed reliance on the order of ITAT, Calcutta "D" Bench reported in 72 TTJ (Cal) 433; judgment of Hon'ble Calcutta High Court reported in 238 ITR 57 and Punjab & Haryana

Dy. Cit(A) Vs. Subham Industries

Court : Income Tax Appellate Tribunal ITAT Lucknow

Subject : Direct Taxation

case, in view of the newly inserted provisions of Section 142A with retrospective effect from 15.11.1972 by the Finance (No. 2) Act, 2004, the order dated 9^thNovember, 2004, passed in I.T.A. Nos. 1399 & 1400/Alld/1998 should not be recalled as held

Hercules Hoists Limited Acit Vs. Mumbai

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

for which reliance was placed on the decisions in the case of ACIT vs. Gold Mine Shares and Finance (P.) Ltd., 113 ITD 209 (SB) (Ahd) and CIT vs. Sonakaya Steering Systems Ltd. (2010) 321 ITR 463 … allowing the assessee's appeals against its assessments u/s.143(3) of the Income Tax Act, 1961 ('the Act' hereinafter) for the relevant years. 2. The appeals raising … years from such a source would hold, considering it as the only source of income, in terms of section 72. The same may or may not have been already set off against other income, but that is irrelevant. … Commissioner of Income Tax (Appeals)-22, Mumbai ('CIT(A)' for short) dated 07.09.2010, 07.09.2010, 21.12.2010 and 13.09.2011 for four consequent years, being assessment years (AYs) 2005-06 to … Eligible business Ineligible business u/s. 80IA u/s. 80IA 2004-05 (-) 1,00,000 2,40,000 2005-06 60,000 2,80,000 2006-07 1,20,000

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

Court : Income Tax Appellate Tribunal ITAT Kolkata

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 … the profits or gains being less than the allowance, then, subject to the provisions of Sub-section (2) of Section 72 and Sub-section (3) of Section 73, the allowance or part of the allowance to which effect has not … 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,

M/s. D.P. Jain and Company Infrastructure Pvt. Ltd. Vs. Union of India ...

Court : Mumbai

Subject : Service Tax

tax amounting to Rs.10,25,72,125/- should not be demanded from it under the provisions of section 73(1) of the Finance Act, 1994. Interest under section 75 was proposed to be recovered and penalties under sections 76, 77 and … this judgment. 3. The writ petition is directed against the order-in-original dated 28th November, 2014 passed by respondent no. 2. 4. The petitioner is a company incorporated under the Indian Companies Act, 1956, having registered office at the … of work done and the receipts for the same, during the period 2004-05 to 2009-12. (ii) The petitioner, vide letter dated 19th August, 2010, filed