Judgment Search Results Home > Cases Phrase: finance act 1978 chapter iii direct taxes Page 82 of about 15,464 results (0.205 seconds)

The Commissioner of Income Tax, Thrissur Vs. the Dhanalakshmi Bank Ltd ...

Court : Kerala

..... tax and do not constitute part of the total income assessable under the income tax act, 1961 (hereinafter referred to as the act for short). section 14a of the act is a new provision introduced in the income tax act by finance act, 2001 with retrospective effect from 01/04/1962 under which expenditure incurred by the assessee ..... section 14a. expenditure incurred in relation to income not includible in total income. (1) for the purposes of computing the total income under this chapter, no deduction shall be allowed in respect of expenditure incurred by the assessee in relation to income which does not form part of the total income under ..... making disallowance under section 14a can be neutralised and defeated by referring concluded assessments to the commissioner for initiating suomotu revisional power under section 263 of the act. in other words, we felt that the proviso is not procedural but guarantees vested rights of parties against reopening concluded assessments. so far as concluded .....

Polyplex Corporation Ltd. Vs. Cit

Court : Delhi

..... section 80hhc(1) refers to eligibility whereas section 80hhc(3) refers to computation of tax incentive. coming to section 80hhc(1b) it is clear that after the finance act, 2000, with effect from the assessment year 2001-02 exporters would not get 100 per cent deduction in respect of profits derived from exports but that they would get ..... the tax incentive in a phased manner. however, for the purposes of computation of book profits which computation is different from normal computation under the 1961 act/ computation under chapter vi-a. we need to keep in mind the upward and downward adjustments and if so read it becomes clear that clause (iv) covers full export ..... from computation of book profits under section 115jb which imposes mat on deemed income. the above reasoning also gets support from the memorandum of the explanation to the finance bill, 2000. one of the contentions raised on behalf of the department was that if clause (iv) of the explanation to section 115jb is read in entirety .....

Yum Restaurants (India) Private Limited and Another Vs. Income Tax Off ...

Court : Delhi

..... section 92ca of the income tax act, 1961 by finance act, 2012. (ii) whether amp expenses incurred by the assessee in india can be treated and categorized as an international transaction under section 92b of the income tax act, 1961? (iii) whether under chapter x of the income tax act, 1961, a transfer pricing adjustment ..... impermissible. (viii) the bright line test (blt) was judicial legislation. by validating the blt the special bench in lg electronics case went beyond chapter x of the act. even international tax jurisprudence and commentaries do not recognise blt for bifurcation of routine and non-routine expenses. (ix) segregation of aggregated transactions ..... (ii) amp expenses were held to be international transaction as this was not denied as such by the assessees therein. (iii) chapter x and section 37(1) of the act operated independently. the former dealt with the alp of an international transaction whereas the latter deals with the allowability/disallowability of business expenditure .....

Mohammed Razhur Rehman @ Umesh and Others Vs. State of Karnataka, by S ...

Court : Karnataka

..... the sanction order which is marked at ex.p-224. as per section 196 of cr.p.c. and u/s.45 of the unlawful activities (prevention) act, 1967, the court cannot take cognizance of any offence punishable under chapter vi or u/s.153-a or u/s.153-b of ipc. u/s.45 of the unlawful activities (prevention ..... for waging war against the government of india and destroy the entire hindusthan and cut hindusthan into pieces and also suggested that a-1 and others would supply armories and finance for the purpose of demolishing darga and declare 'jihad' and also training will be given to young muslim boys to declare 'jihad' etc., though they have denied all these ..... to provoke or preach 'jihad' and in that direction, they began to make arrangements to preach muslims and as well to provoke the young muslim community to declare 'jihad' with finance, weapons like bombs, grenades, guns etc. hence, we are of the opinion that, the mind-set and conduct of the accused does fall within the definition of conspiracy for .....

Commissioner of Central Excise Service Tax Vs. Ultra Tech Cement Ltd

Court : Supreme Court of India

..... ; goods amounting transportation of (ii) demanding interest under rule 14 of cenvat credit rules, 2004 read with section 11ab of central excise act, 1944 read with section 75 of the finance act, 1994; 4 (iii) did not order for initiation of action under rule 15(1) of cenvat credit rules, 2004 read with rule 25 of central excise rules, 2002 ..... rules, if any words or expressions are used in the cenvat credit rules, 2004 and are not defined therein but are defined in the central excise act, 1944 or the finance act, 1994, they shall have the same meaning for the cenvat credit rules as assigned to them in those ..... : the respondent m/s. ultratech cement ltd. (hereinafter referred to as the assessee ) is involved in packing and clearing/forwarding of cement classifiable under chapter sub heading 25232910 of central excise tariff act, 1985, with central excise registration no.aaacl6442lem014. the assessee is also availing the benefit of 2 cenvat credit facility under the cenvat credit rules, 2004 .....

Rambagh Palace Hotels Pvt. Ltd. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2008)12STJ210CESTATNew(Delhi)

..... over-looked as is evident from the definition of 'mandap', which has defined in sub-section (66) of section 65 of chapter v of the finance act, 1994, means, "any immovable property as defined in section 3 of the transfer of property act, 1882 and includes any furniture, fixtures, light fittings and floor coverings therein let out for a consideration for organizing any official .....

Jaded Siddappa and Co. Vs. the Commissioner of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : (2008)9STR239

..... , arbitrator or receiver, but shall include the following. i) financial, management planning and financial policy determination. ii) capital structure planning and advice regarding raising finance by issue of capital or by way of borrowings. v) preparing cash budgets, cash flow statements, profitability statements, statement of sources and application of funds etc ..... 61 and 62, which is as follows: as per the definition given in the chartered accountants act, 1949, a member of the institute shall be deemed to be in practice when individually or in partnership with chaptered accountants in practice, he in consideration of remuneration received or to be received. comment: it ..... of professional chartered accountant. therefore, the services rendered by them and fee collected is required to be brought under the professional chartered accountant's act for levy of service tax. the extended period is also applicable and demand should be confirmed for larger period. he submits that the reliance .....

Abdos Oils (P) Ltd. and anr. Vs. State of West Bengal and ors.

Court : Sales Tax Tribunal STT West Bengal

Reported in : (2006)143STC681Tribunal

..... failed to pay any tax" included in the aforesaid provision refer to non-payment of tax at the stage of pre-assessment or post-assessment. the chapter 7 of the west bengal sales tax act, 1994 provides the relevant provisions relating to assessment of tax, imposition of penalty, recovery of tax, etc. on going through those provisions we find that ..... 30, the commissioner may order for payment of penalty in addition to the amount of tax so assessed. the relevant rules in this section has been provided in the chapter xiii of the rules, 1995.10. therefore, according to the aforesaid relevant sections and rules we find that the revenue has been given power to impose penalty and ..... matter of recols (india) ltd.], it was held while deciding a case under the provisions of the bengal finance (sales tax) act, 1941 which is similar to the provisions of section 13 of the act, 1994 that the tax payable under the act would not become due and payable at the time the return became due to be filed. the amount .....

M/S.Karur K.C.P.Packkagings Limited Vs. 1.The Commissioner of Customs,

Court : Chennai

..... director general of foreign trade, udyog bhawan, classifying that flexible intermediate bulk containers are covered under itc(hs) code 63 and not under itc(hs) code 39. the ministry of finance (department of revenue) central board of excise & customs, new delhi, in circular no.42/2011-cus., dated 22.09.2011, f.no.609/82/2011-dbk, also has ..... settled the dispute regarding the classification of fibc by bringing it under chapter 63, therefore, this court has no hesitation to allow the prayer made by the petitioner.10. in view of the above, a mandamus is issued directing the 3rd respondent ..... of [one month].]. till the date of payment of such drawback. [(2)where any drawback has been paid to the claimant erroneously or it becomes otherwise recoverable under this act or the rules made thereunder, the claimant shall, within a period of two months from the date of demand, pay in addition to the said amount of drawback, .....

Sodexo Svc India Pvt. Ltd. Vs. State of Maharashtra and Ors.

Court : Supreme Court of India

..... entry of goods into the limits of the city, when these goods are for consumption, use or sale. the tax is to be levied in accordance with the provisions of chapter xib. it, however, specifically excludes octroi, as defined in section 2(42. it also becomes clear that octroi is a cess on the entry of goods into the ..... local body tax means a tax on the entry of goods into the limits of the city, for consumption, use or sale therein, levied in accordance with the provisions of chapter xib, but does not include cess as defined in clause (6a) and octroi as defined in clause (42); xx xx xx (42) octroi means a cess on the ..... india' (unless specific relaxation has been permitted by the rbi) sodexo shall adhere to the provisions of the prevention of money laundering act and ruled framed thereunder. further, the guidelines on know your customer/anti-money laundering/ combating financing of terrorism issued by the rbi to banks, from time to time shall apply mutatis mutandis to the entity. thus, as per .....