Judgment Search Results Home > Cases Phrase: finance act 1977 section 2 income tax Court: karnataka Page 10 of about 4,257 results (0.145 seconds)

M/S Hindustan Petroleum Corporation Ltd Vs. Union of India

Court : Karnataka

..... (except to nepal or bhutan) without payment of duty; (d) credit of any duty allowed to be utilised towards payment of excise duty on final products under the provisions of this act or the rules made thereunder and such order is passed by the commissioner (appeals) on or after the date appointed under section 109 of the finance (no.2) act, 1998: provided further that the appellate tribunal may, in its discretion, refuse to admit an appeal in respect of an order referred to in clause (b) or clause (c) or clause ..... :- brevity), as amended by section 105 of the finance act (no.2) 2014 (hereinafter referred to as 2014 act , for the sake of convenience) with effect from 6/8/2014, which provides for monetary pre-deposit of 7.5% for first appeals and 10% for second appeals on the total tax or tax and penalty, demanded for entertaining ..... of the nature referred to in the first proviso to sub-section (1), which is pending immediately before the commencement of section 47 of the finance act, 1984 (21 of 1984), before the appellate tribunal and any matter arising out of, or connected with, such appeal and which is so pending shall stand transferred on such commencement to the central government, and the central government shall deal with such appeal or matter under section 35ee as if such appeal or matter were an application or ..... commissioner of income tax, delhi ..... commissioner of income tax, delhi (supra), it has been held that a proviso, is inserted to remedy unintended consequences and to .....

M/s.balajee Pouches Vs. Union Of India

Court : Karnataka Dharwad

..... (2) the repeal of the said acts and the amendment of the finance act, 1994 (32 of 1994) (hereafter referred to as such amendment or amended act , as the case may be) to the extent mentioned in the sub-section (1) or section 173 shall not (a) revive anything not in force or existing at the time of such amendment or repeal; or - 17 - w.p. ..... any such investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and other legal proceedings or recovery of arrears or remedy may be instituted, continued or enforced, and any such tax, surcharge, penalty, fine, interest, forfeiture or punishment may be levied or imposed as if these acts had not been so amended or repealed; (f) affect any proceedings including that relating to an appeal, review or reference, instituted before on, or after the appointed day under the said amended ..... or suffered thereunder; or (c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the amended act or repealed acts or orders under such repealed or amended acts: provided that any tax exemption granted as an incentive against investment through a notification shall not continue as privilege if the said notification is rescinded on or after the appointed day; or (d) affect any duty, tax, surcharge, fine, penalty, interest as are due or may become due or any forfeiture or punishment incurred or inflicted in respect .....

The Director of Income Tax Exemptions Vs. Al-Ameen Charitable Fund Tru ...

Court : Karnataka

..... any income is required to be applied or accumulated or set apart for application, then, for such purposes be determined without, any deduction or allowance by way of depreciation or otherwise in respect of any asset, acquisition of which has been claimed as an application of income under this section in any previous year, and income the shall 24 (ii) where a trust or an institution has been granted registration under clause (b) of sub-section (1) of section 12aa or has obtained registration at any time under section 12a [as it stood before is amendment by the finance (no.2) act, 1996 ..... s.parthasarathy, advocate) respondent appellant 7 this appeal is filed under section 260-a of income tax act 1961, to set aside the appellate order dated 09.10.2013 passed by the income tax appellate tribunal, a bench, bangalore as sought for, in the respondent-assessee s case, in appeal proceedings ita no.37/bang/2013 for assessment year 2009-10. ..... market committee pipli [(2011) 238 ctr (p&h) 103 allowing depreciation in subsequent years, on the calavala of income-tax, cunnan capital asset, which has already availed the benefit of deduction in computing the income of the trust in the year of its acquisition is considered by the punjab 17 and haryana high court in the case of market committee, pipli (supra) and held thus: 9. .....

Ghodawat Industries India Private Limited Vs. Union Of India

Court : Karnataka Dharwad

..... (2) the repeal of the said acts and the amendment of the finance act, 1994 (32 of 1994) (hereafter referred to as such amendment or amended act , as the case may be) to the extent mentioned in the sub-section (1) or section 173 shall not (a) revive anything not in force or existing at the time of such amendment or repeal; or - 17 - w.p. ..... any such investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and other legal proceedings or recovery of arrears or remedy may be instituted, continued or enforced, and any such tax, surcharge, penalty, fine, interest, forfeiture or punishment may be levied or imposed as if these acts had not been so amended or repealed; (f) affect any proceedings including that relating to an appeal, review or reference, instituted before on, or after the appointed day under the said amended ..... or suffered thereunder; or (c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the amended act or repealed acts or orders under such repealed or amended acts: provided that any tax exemption granted as an incentive against investment through a notification shall not continue as privilege if the said notification is rescinded on or after the appointed day; or (d) affect any duty, tax, surcharge, fine, penalty, interest as are due or may become due or any forfeiture or punishment incurred or inflicted in respect .....

Ghodawat Packers Llp Vs. Union Of India

Court : Karnataka Dharwad

..... (2) the repeal of the said acts and the amendment of the finance act, 1994 (32 of 1994) (hereafter referred to as such amendment or amended act , as the case may be) to the extent mentioned in the sub-section (1) or section 173 shall not (a) revive anything not in force or existing at the time of such amendment or repeal; or - 17 - w.p. ..... any such investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and other legal proceedings or recovery of arrears or remedy may be instituted, continued or enforced, and any such tax, surcharge, penalty, fine, interest, forfeiture or punishment may be levied or imposed as if these acts had not been so amended or repealed; (f) affect any proceedings including that relating to an appeal, review or reference, instituted before on, or after the appointed day under the said amended ..... or suffered thereunder; or (c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the amended act or repealed acts or orders under such repealed or amended acts: provided that any tax exemption granted as an incentive against investment through a notification shall not continue as privilege if the said notification is rescinded on or after the appointed day; or (d) affect any duty, tax, surcharge, fine, penalty, interest as are due or may become due or any forfeiture or punishment incurred or inflicted in respect .....

Ghodawat Foods International Private Limited Vs. Union Of India

Court : Karnataka Dharwad

..... (2) the repeal of the said acts and the amendment of the finance act, 1994 (32 of 1994) (hereafter referred to as such amendment or amended act , as the case may be) to the extent mentioned in the sub-section (1) or section 173 shall not (a) revive anything not in force or existing at the time of such amendment or repeal; or - 17 - w.p. ..... any such investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and other legal proceedings or recovery of arrears or remedy may be instituted, continued or enforced, and any such tax, surcharge, penalty, fine, interest, forfeiture or punishment may be levied or imposed as if these acts had not been so amended or repealed; (f) affect any proceedings including that relating to an appeal, review or reference, instituted before on, or after the appointed day under the said amended ..... or suffered thereunder; or (c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the amended act or repealed acts or orders under such repealed or amended acts: provided that any tax exemption granted as an incentive against investment through a notification shall not continue as privilege if the said notification is rescinded on or after the appointed day; or (d) affect any duty, tax, surcharge, fine, penalty, interest as are due or may become due or any forfeiture or punishment incurred or inflicted in respect .....

M/s.h.i. Tamboli @ Sons Vs. Union Of India

Court : Karnataka Dharwad

..... (2) the repeal of the said acts and the amendment of the finance act, 1994 (32 of 1994) (hereafter referred to as such amendment or amended act , as the case may be) to the extent mentioned in the sub-section (1) or section 173 shall not (a) revive anything not in force or existing at the time of such amendment or repeal; or - 17 - w.p. ..... any such investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and other legal proceedings or recovery of arrears or remedy may be instituted, continued or enforced, and any such tax, surcharge, penalty, fine, interest, forfeiture or punishment may be levied or imposed as if these acts had not been so amended or repealed; (f) affect any proceedings including that relating to an appeal, review or reference, instituted before on, or after the appointed day under the said amended ..... or suffered thereunder; or (c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the amended act or repealed acts or orders under such repealed or amended acts: provided that any tax exemption granted as an incentive against investment through a notification shall not continue as privilege if the said notification is rescinded on or after the appointed day; or (d) affect any duty, tax, surcharge, fine, penalty, interest as are due or may become due or any forfeiture or punishment incurred or inflicted in respect .....

M/s. Rajnandini Foods Pvt. Ltd., Vs. Union Of India

Court : Karnataka Dharwad

..... (2) the repeal of the said acts and the amendment of the finance act, 1994 (32 of 1994) (hereafter referred to as such amendment or amended act , as the case may be) to the extent mentioned in the sub-section (1) or section 173 shall not (a) revive anything not in force or existing at the time of such amendment or repeal; or - 17 - w.p. ..... any such investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and other legal proceedings or recovery of arrears or remedy may be instituted, continued or enforced, and any such tax, surcharge, penalty, fine, interest, forfeiture or punishment may be levied or imposed as if these acts had not been so amended or repealed; (f) affect any proceedings including that relating to an appeal, review or reference, instituted before on, or after the appointed day under the said amended ..... or suffered thereunder; or (c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the amended act or repealed acts or orders under such repealed or amended acts: provided that any tax exemption granted as an incentive against investment through a notification shall not continue as privilege if the said notification is rescinded on or after the appointed day; or (d) affect any duty, tax, surcharge, fine, penalty, interest as are due or may become due or any forfeiture or punishment incurred or inflicted in respect .....

Y. Venugopala Reddy Vs. Cit

Court : Karnataka

Reported in : [2003]130TAXMAN224(Kar)

..... the effect of section 88(a)(iii) of finance act is that notwithstanding anything contained in the act, the amount payable under the scheme by a declarant (other than companies and firms), who files declaration between 1-9-1998 and 31-1-1999 shall be 30 per cent of disputed income, in case where the tax arrears includes income tax as also interest or penalty. ..... the same scheme is contained in chapter iv of the finance act and consisted of section 86-98 (both inclusive) as also a schedule, by virtue of the provisions of the scheme if an assessee undertakes to pay the 30 per cent of the disputed income as tax, interest and penalties would be waived and even intended prosecutions would be dropped. ..... 'disputed income' in relation to an assessment year, is defined in clause (e) of section 87 of the finance act as 'whole or so much of the total income as is relatable to the disputed tax. ..... 31-12-1998, a declaration to the designated authority in accordance with the provisions of section 89 in respect of tax arrear, then, notwithstanding anything contained in any direct tax enactment or indirect tax enactment or any other provision of any law for the time being in force, the amount payable under this scheme by the declarant shall be determined at the rates specified hereunder, namely:(a) where the tax arrear is payable under the income tax act, 1961 (43 of 1961),(i) in the case of a declarant, being a company or a firm, at the .....

Chamundi Granites P. Ltd. Vs. Deputy Commissioner of Income-tax and an ...

Court : Karnataka

Reported in : ILR2000KAR2743; [2000]245ITR661(KAR); [2000]245ITR661(Karn)

..... [1960]40itr189(sc) , where the additional income-tax charged in respect of dividends distributed in excess of the specified limit under clause (ii) of the proviso to paragraph b of part i of the first schedule to the finance act, 1951, as applied to the assessment year 1953-54 by the finance act, 1953, was held not a valid charge, on the ground that the finance act, 1951, did not lay down that it should be treated as a part of the total income.18. ..... the purposes of the proposed provision, the expression 'banking company' shall have the meaning assigned to it in clause (a) of the explanation to section 40a(8) of the income-tax act and the expression 'cooperative bank' shall have the meaning assigned to it in part v of the banking regulation act, 1949. ..... of 1994 and 33115 of 1995 (see : [1999]239itr694(kar) ), dismissing the writ petitions thereby upholding the vires of section 269ss of the income-tax act, 1961 (for short, 'the act'). ..... or accepted from, or any loan or deposit taken or accepted by, the following, namely :-- (a) government ; (b) any banking company, post office savings bank or any co-operative bank ; (c) any corporation established by a central, state or provincial act; (d) any government company as defined in section 617 of the companies act, 1956 ; (e) such other institution, association or body or class of institutions, associations or bodies which the central government may, for reasons to be recorded in writing, notify in this behalf in the official gazette. 25. .....