Judgment Search Results Home > Cases Phrase: finance act 1968 section 2 income tax Court: karnataka Page 11 of about 16,996 results (0.132 seconds)

Premier Associates Vs. The Assistant Commissioner of Service Tax,

Court : Karnataka

..... of service tax & others. date of order 28-11-2017 w.p.no.3824/2016 5/16 form vces-1 dated 31-12-2013, in terms of section 106(2) read with section 106(1) of finance act, 2013 (17 of 2013), chapter vi, service tax voluntary compliance encouragement scheme, 2013. 2. mr.sunil p. prasad, the learned counsel for the petitioner submitted that ..... clause 105(e) and clause 106 of the finance act, 2013 (act) of vces, 2013 only stipulates that the tax due for the period from 1st october 2007 to 31st december .....

Bangalore International Airport Limited Vs. Karnataka Information Comm ...

Court : Karnataka

Reported in : ILR2010KAR3214

..... greater "operational and managerial independence" as stated in the statement of objects and reasons of 2003 amendment act. insofar as importing the definition of substantial funding as stated in section 14 of the cag act is concerned, he submits that the said definition of "substantially financed or controlled" would operate in different fields and the commission cotdd not have relied on the said definition ..... companies, sales tax dealers amongst others will have to give information under the rti act. such a wide interpretation is not clearly intended in the law.21. thus now consider what are the implications of the words substantially financed*. it is obvious that as per section 2(h)(i) "body substantially financed' would be a body where the ownership may not lie with the government .....

The Commissioner of Income-tax and the Assistant Commissioner of Incom ...

Court : Karnataka

Reported in : (2009)226CTR(Kar)474

..... context of the law as it existed prior to its amendment in the year 1987. finance act of 1987 having expressly and with definite purpose brought about the amendment to income tax act reintroducing sub-sections (3) and (4) to section 45 of the act, the tribunal should have examined the appeal before it more by applying the statutory provisions ..... 4-1988 and so on and so forth.17. while this position continued for some time by the finance act of 1987 section (3) and (4) were reintroduced with effect from 1-4-1988 and simultaneously clause (ii) of section 47 was omitted.18. the division bench of bombay high court in the case of a.n. naik ..... was introduced to take out certain transactions which otherwise are transfers of capital assets and otherwise taxable under section 45, from being taxed.22. on the reintroduction of sub-section (3) and (4) by the finance act 1987 clause (ii) of section 47 has been expressly omitted removing the protective umbrella. the legislative intent is quite clear and in .....

Micro Labs Ltd. and ors Vs. Deputy Commissioner of Income-tax and ors.

Court : Karnataka

Reported in : (1998)144CTR(Kar)174

..... . 755, dt. 25th of july 1997 issued by the cbdt to the extent they preclude the petitioners from availing the benefit under sub-s. (1) of s. 64 of the finance act in the year of search or any earlier years as discriminatory, arbitrary and unreasonable and opposed to art. 14 of the constitution of india and consequently to direct the respondents ..... -cls. (i) and (ii) of sub-s. (2). in these petitions we are concerned with cl. (ii) of sub-s. (2) of s. 64 of the act, which reads as hereunder :'(2) nothing contained in sub-section(1) shall apply in relation to(i) ...........................(ii) the income in respect of the previous year in which a search under s. 132 of the ..... ' cannot be read as limiting it to the survey conducted under s. 133a of the act. in my view, there is absolutely no scope to read or understand the section as indicated by sri sarangan holding that in cases falling under ss. 132 and 132a of the act, the persons are not denied of the benefit of the scheme in respect of the .....

Micro Labs Ltd. and Others Vs. Deputy Commissioner of Income-tax (Asse ...

Court : Karnataka

Reported in : ILR1998KAR3784; [1998]231ITR934(KAR); [1998]231ITR934(Karn)

..... , 1997, issued by the central board of direct taxes to the extent they preclude the petitioners from availing of the benefit under sub-section (1) of section 64 of the finance act in the year of search or any earlier years as discriminatory, arbitrary and unreasonable and opposed to article 14 of the constitution of india ..... previous year.' 4. in these petitions, the petitioners have made two prayers. firstly, they have prayed for a declaration that clause (ii) of sub-section (2) of section 64 of the finance act, 1997, is unconstitutional; and, secondly, for a writ in the nature of certiorari declaring the circulars bearing no. 754 (see [1997] 226 itr ..... , some records belonging to the petitioners also have been seized. 3. chapter iv of the finance act, 1997, provides for the voluntary disclosure of income scheme (hereinafter referred to as 'the scheme'). sub-section (1) of section 64 of the finance act (chapter iv) provides that subject to the provisions of the scheme, where any person makes, .....

Gowli Buddanna Vs. Commissioner of Income-tax, Mysore

Court : Karnataka

Reported in : ILR1962KAR500; [1963]50ITR467(KAR); [1963]50ITR467(Karn)

..... family and not of any individual thereof.12. it was next contended by sri srinivasan that in view of certain provisions found in the finance act of 1949 and in the subsequent finance acts, we must hold that the legislature had clearly expressed its intention as regards the meaning of the expression 'hindu undivided family'. according to ..... also rejected his contention but accepted his prayer to refer the afore-mentioned questions of law to this court for its opinion. 5. under section 3 of the indian income-tax act, the liability to pay tax is charged not only on the income of hindu undivided families. the expression 'hindu undivided family' is not ..... committee disagreed with the view of the calcutta high court as regards the meaning to be given to the expression 'hindu undivided family' found in section 3 of the indian income-tax act, 1922. sir goerge rankin, speaking for the judicial committee, observed 'the phrase 'hindu undivided family' is used in the statute with reference, not .....

Micro Labs Ltd., Vs. Deputy Commissioner of Income-tax (Assessment) an ...

Court : Karnataka

Reported in : (2001)166CTR(Kar)148; [2001]247ITR333(KAR); [2001]247ITR333(Karn); [2001]115TAXMAN27(Kar)

..... , issued by the central board of direct taxes, to the extent to which they precluded them from availing of the benefit of filing a declaration under section 64(1) of the finance act, 1997, in the year of search or any earlier year/s, as discriminatory, arbitrary and illegal and opposed to article 14 of the constitution and ..... in relation to both these persons independent of the search. in denying the persons, who have been searched under section 132 of the act, the application of the vdis provisions, clause (ii) of sub-section (2) of section 64 of the finance act, 1997, renders itself unreasonable and arbitrary.(ii) alternatively, the words 'or in respect of earlier previous year' ..... and the same was concluded on april 5, 1992. can he take advantage of vdis for the assessment year 1993-94 and subsequent years ?answer : section 64(2)(ii) of the finance act, 1997, lays down that no disclosure of income can be made in respect of the previous year in which a search is initiated or in respect .....

Binani Industries Limited Vs. Assistant Commissioner of Commercial Tax ...

Court : Karnataka

Reported in : [2006]145STC24(Kar)

..... . the court in the said decision, has noticed :the understanding of the law at the earliest point of time of its enactment cannot be ignored. the finance act, 1964, amended section 52(2) of the income-tax act, 1961 : this was understood in a particular manner by the central board of direct taxes, in a circular issued on july 7, 1964. in varghese v ..... tax accrues on the last date of the year of account on the taxable income of the previous year of a person at the rate or rates prescribed by the finance act of the year of assessment but the liability to pay sales tax arises the moment the transaction of sale or purchase is completed and at the rate specified under the ..... and the liability to tax arises not by reason of the provisions of the income-tax act but by reason of the fact that the finance act fixes the rate at which the assessee is liable to pay tax and it is by the reason of the finance act that the income of the previous year of the assessee becomes liable to tax. these principles .....

B.K. Suresh Babu S/O Late B.L. Kamalaraj Chetty, Vs. Smt. Ananthalaksh ...

Court : Karnataka

Reported in : 2009(3)KarLJ386; 2009(1)KCCR551; 2009(2)AIRKarR214; AIR2009NOC1286

..... territory in the year 1949-50, the respondent was chargeable in respect of his income whether derived within or without rajasthan. it was, however, argued on his behalf that section 3 of the finance act, 1950, having substituted the amended clause (14-a) 'with effect from the first day of april 1950,' rajasthan was not a taxable territory during the accounting year 1949 ..... held, while placing reliance on the principle in queen v. st. mary whitechapel as follows:15. nor can it be said, in strictness, that the finance act, 1950 is retroactive legislation. that act, as already noticed, purports by section 2 to charge income tax and super tax at specified rates 'for the year beginning on the 1st day of april, 1950'. the case is .....

M/s. Hindustan Petroleum Corporation Ltd. and Another Vs. Union of Ind ...

Court : Karnataka

..... and etc., this writ petition is filed under articles 226 and 227 of the constitution of india praying to quash section 35f of the central excise act of 1944 as amended by section 105 of the finance act of 2014 and the said section 105 of the finance act of 2014 as being unconstitutional. this writ petition is filed under articles 226 and 227 of the constitution of ..... merits after hearing both sides. f) the expression shall not entertain an appeal as inserted section 35f of the act is of significance. in lakshmi ratan engineering works limited vs. cst (air 1968 sc 488), while interpreting the word entertain under section 39(5) of the haryana general sales tax act, 1953, it was held that the dictionary meaning of the word entertain was to .....