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The Director of Income Tax (international Taxation Vs. Goodyear Tire a ...

Court : Delhi

Subject : Education

of an equity oriented fund to the Mutual Fund.3. The charge of securities transaction tax is given in section 98 of Chapter VII of Finance (No.2) Act, 2004, which, to the extent relevant, is quoted hereunder:98. On and … income-tax in view of the specific provisions of section 10(38) read with Chapter VII of the Finance (No.2) Act, 2004 . We may point out that Chapter VII of the said Finance (No.2) Act, 2004 pertains to securities

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 … by the RBI. (m) Reliance is placed on the decisions in Nonsuch Tea Estate Ltd. v. CIT (1975) 98 ITR 189 (SC), Dorr-Oliver (India) Ltd. v. CIT (1998) 234 ITR 723 (Bom), and Pfizer Corporation v. CIT

NitIn P. Shah Alias Modi Vs. Dy. C.i.T.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 64(1), 66, 67, 69, 119, 131, 132, 139(1), 142(1), 143(2), 143(3), 144, 147, 148, 158B, 158BA, 158BC, 158BD, 251, 271(1) and 276CCC; Finance Act, 1997 - Sections 68(1) and 68(2); Constitution of India - Article 14

Reported in : (2005)194CTR(Guj)306; [2005]276ITR411(Guj)

Matched in: Advocate S.N. Soparkar, Sr. Adv.,; Swati Soparkar, Adv. for Petitioner No. 1 in Tax Appeal No. 539 of 2003 and Manish R. Bhatt, Adv. for Respondent No. 1 in Tax Appeal No. 539 of 2003 and Special Civil Application Nos. 3605 and 3960 of 2004,;

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 … taken by the Tribunal, Rajkot Bench in the case of Asstt. CIT v. Nalanda Housing Development Ltd. (2005) 98 TTJ (Rajkot) 518 wherein it was held that after insertion of Section 142A with retrospective effect from 15th

Dr. Ramesh Kumar Anand Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Amritsar

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

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

Umiya Co-operative Housing Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2005)94TTJ(Ahd.)392

ITR 331 (Bom).4. The learned Departmental Representative, on the other hand, referred to. Section 142A inserted by the Finance (No. 2) Act, 2004, with retrospective effect from 15th Nov., 1972. He contended that all the decisions relied upon by the assessee's

Uttam Air Products (P) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2006)99TTJ(Delhi)718

aforesaid claim of the assessee was on account of the provisions of Section 32(2) as substituted by the Finance (No. 2) Act of 1996, which was effective from 1st April, 1997. According to the AO, the scope of the amendment

Macintosh Finance Estates Ltd. Vs. Additional Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Tribunal order in this case was passed on 14-1-1999 whereas Section 14A was inserted with retrospective effect by Finance Act, 2001 and hence Section 14A was not available before the Tribunal. In view of above discussion, we … opportunity of being heard to the assessee. This ground is partly allowed for statistical purposes.8. As per ground No. 2, it is contended that the interest expenses incurred for holding shares as investment be added to the cost … its own stock and on sale of the same in assessment years 2004-05 and 2005-06, the income is offered to tax as business income and

Brook Crompton Greaves Ltd. Vs. the Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Pune

Subject : Direct Taxation

Reported in : (2007)105ITD146(Pune.)

(Del) 101. The question before the Hon'ble Tribunal was whether in view of amendment in Section 32 by Finance (No.2) Act, 1996, with effect from 01.04.1997, unabsorbed depreciation of earlier years could be allowed to be set-off … assessee pointed out that the assessee is primarily engaged in the export business and such export constituted about 98.8% of its total turnover. Therefore, the assessee was entitled to deduction Under Section 80HHC. Such deduction was claimed