Array ( [0] => ..... the state govt. to make annual grants to the universities, subject to they being accountable to the govt. section 43 provides for the formation of finance committee which inter alia comprises of principal secretary to the - 19 - wa no.100030 of 2022 c/w wa no.100076 of2022finance department and the ..... for the govt. to play.4. as to mediate interference of government through its officers: (a) under this act, half a dozen farm universities have been established in the state, is not in dispute. chapter iii of the act enlists five principal authorities of whom three are relevant viz, (i) board of management, (ii) academic council ..... , & (iii) research council. these are statutory bodies. section 12(1) speaks of composition of bom: four principal secretaries each heading their respective departments, i.e., agriculture, finance, environment & forest ..... [1] => ..... the state govt. to make annual grants to the universities, subject to they being accountable to the govt. section 43 provides for the formation of finance committee which inter alia comprises of principal secretary to the - 19 - wa no.100030 of 2022 c/w wa no.100076 of2022finance department and the ..... for the govt. to play.4. as to mediate interference of government through its officers: (a) under this act, half a dozen farm universities have been established in the state, is not in dispute. chapter iii of the act enlists five principal authorities of whom three are relevant viz, (i) board of management, (ii) academic council ..... , & (iii) research council. these are statutory bodies. section 12(1) speaks of composition of bom: four principal secretaries each heading their respective departments, i.e., agriculture, finance, environment & forest ..... [2] => ..... regulated by rbi could still be controlled by the state enactments, because of the definition of the expression 42 money lender , we may first have to see whether chapter iii b of the rbi act is a complete code or not. in integrated finance company limited vs. reserve bank of india and others3, this court held in para 47 of the report that ..... , miscellaneous non banking companies, residuary non banking companies and housing finance companies. this working group actually recommended in paragraph 6.72 of its report that though nbfcs were being regulated by the directions issued under chapter iii b of the rbi act and chapter v of the nhb act, it would be better to enact a separate legislation. the working group went to the extent ..... [3] => ..... article 243s of the constitution of india.-. 12 - 15. section 13j of the said act of 1976 reads thus:"13j.bye-laws.- every corporation to which this chapter is made applicable shall notify bye-laws for transaction of business and for finance and accounting procedures governing the working of area sabhas and ward committees, within six months ..... it is necessary to record elaborate reasons.6. as far as constitution of area sabha is concerned, the relevant provisions are in chapter iiia of the said act of 1976. under section 13c of the said act of 1976, there is a mandatory provision that there shall be an area sabha for - 4 - each area. it is ..... from the date of coming into force of this chapter in that corporation." unless bye-laws as aforesaid ..... [4] => ..... of lottery tickets and this court had occasion to deliver several judgments on the subject which we shall notice hereinafter. service tax was levied on lottery tickets by finance act, 1994. a circular dated 14/21.2.2017 was also issued providing for mode of determination of the amount of service tax. rules were also 4 framed ..... inserted provides as follows: section 31a. value of supply in case of lottery, betting, gambling and horse racing. (1) notwithstanding anything contained in the provisions of this chapter, the value in respect of supplies specified below shall be determined in the manner provided hereinafter. (2) (a) the value of supply of lottery run by state ..... goods means every kind of movable property other than money and securities but includes actionable claim . chapter iii of the act provides for levy and collection of tax. section 15 deals with value of taxable supply. after the enactment of act no.12 of 2017, notification was issued by government of india dated 28.06.2017 in ..... [5] => ..... is all.2. we now turn to the forward contracts (regulation) act, 1952 (hereinafter referred to as the said act ; since repealed by the finance act, 2015),as the proceedings against the first two respondents herein emanated from the powers exercised under the said act. the said act aimed to regulate certain matters relating to forward contracts, prohibition of ..... in certain commodities as a result of the central government issuing orders under rule 81 of the defence of india rules during the war period.3. chapter ii of the said act provides for the forward markets commission (for short fmc ), an authority to regulate commodities futures market, which was established under section 3, with ..... that order had been set aside by the supreme court. the relegation of the proceedings to the sat did not imply, in his view, that the whole chapter would be reopened, because this court specifically opined that the appeal would be heard on merits. it was his submission, that any other reading would negate ..... [6] => ..... the 2020 rules impose a new condition whereby advocates without 25 years of experience are ineligible. it is submitted that there is nothing in the provisions of the finance act, 2017, with respect to exclusion, from consideration, of advocates, nor any restrictive condition and, on the other hand, the parent enactments and previously existing rules enabled ..... (2014) 10 scc1 7 | p a ge union of india v. madras bar association (2010) (supra). the constitutional validity of the provisions in chapter xxvii of the companies act, 2013 was upheld by a judgment in madras bar association v. union of india7. however, this court was of the view that certain provisions relating to ..... relating to the establishment of nclt and nclat. a writ petition was filed under article 32 by the madras bar association questioning the amended provisions of chapter xxvii of the companies act, 2013, and more particularly sections 408, 409, 411(3), 412, 413, 425, 431 and 434. the complaint of the madras bar association ..... [7] => ..... on such developmental activities may not be allowed as a deduction when 33 computing the income under the head profits and gains of business or profession .42. the finance act, 2003, thus, inserted a new clause mentioned aforesaid so as to provide that an expenditure not being capital expenditure incurred by a corporation or body corporate, by ..... of disputes. this finally resulted in a scheme of advance ruling being brought into effect in 1993, with the introduction of a new chapter in the income tax act, 1961 (hereinafter referred to as the it act ). a quasi-judicial tribunal was established as the authority for advance rulings (for short aar ) to provide certainty and avoid litigation ..... then advance them as loans or grants, the interest income earned which was so applied would also fall under the head d of section 14 of chapter iv of the it act under the head of profits and gains of business or profession being a part of its normal business activity. the high court delved into the scheme ..... [8] => ..... making representation against the proposed withdrawal.18. when any such exemption is withdrawn or deemed to be withdrawn under these conditions, the provisions of the chapter iii of the said act shall apply to the lands as if the land had not been adopted under this order. 13. we are of the considered opinion that in ..... any other person, except for the purpose of mortgage in favour of any financial institutions specified in sub section (1) of section 19 of the for raising finance for the purpose of construction of any one of the tenements mentioned above, breach of this conditions shall that exemption granted under this order stands withdrawn. *** 17 ..... different persons or authorities may be authorised to perform different functions.20. power to exempt. (1) notwithstanding anything contained in any of the foregoing provisions of this chapter (a) where any person holds vacant land in excess of the ceiling limit and the state government is satisfied, either on its own motion or otherwise, that ..... [9] => ..... 9 the words the foregoing provisions of this chapter were substituted for the previous expressions carrying various provisions of the act, by the finance (no.2) act, 2004, w.e.f. 01.10.2004. 10 sub-section (2) was inserted by the finance act, 2002. 11 sub-section (3) was inserted by the finance (no.2) act, 2004, w.e.f. 01.04.2005 ..... the other hand, in the case of calcutta export company (supra), this court noticed the aforesaid two amendments to section 40(a)(ia) of the act by the finance act, 2008 and by the finance act, 2010, which were intended to deal with procedural hardship likely to be faced by the bonafide tax payer, who had deducted tax at source but ..... commissioner of income-tax v. calcutta export company: (2018) 404 itr654 wherein this court has held the remedial amendment of section 40(a)(ia) of the act by the finance act, 2010 to be retrospective in nature and applicable from the date of insertion of the said provision. 10.4. learned counsel for the appellant has lastly submitted ..... [10] => ..... ) receiving domestic funds into its utilization accounts. (v) utilization of foreign contribution for personal gain by transfer of vehicle; and (vi) misuse of foreign contribution to finance wild kaapi llp . the reply submitted by the petitioner thereto, again as averred in the petition, can be broadly classified as follows: (i) the petitioner has ..... this court calling in question an order dated 05-03-2021 by which the 2nd respondent suspends its registration under the foreign contribution (regulation) act, 2010 ( the act for short) and sought a consequential relief against the orders passed aftermath of the aforesaid order and has further sought a direction by issuance of ..... cancelled in terms of section 14(2) of the act. therefore, the entire fulcrum of the lis revolves around section 14 of the act.8. section 11 under chapter iii of the act deals with registration of certain persons with central government. section 12 of the act deals with grant of certificate of registration on an ..... [11] => ..... 3.5 later, the provision for compulsory audits found favour with the parliament and was inserted by the parliament through finance act, 1984. the then finance minister, while introducing the budget through the finance bill, 1984 stated in parliament as under: with the reduction in rates and expeditious disposal of assessments, i believe ..... all its recommendations. 3.2 in order for the tax administration to become more efficient, the committee, inter alia, made other extensive recommendations, in chapter 2 black money and tax evasion and recommended insertion of a statutory provision for compulsory audit of accounts. the committee noted that mandatory audit, simultaneously ..... comparative discourse on state regulation of licensed professions as under: (i) justice powell, in ohralik vs. ohio state bar association, 436 u.s. 447 (1978), ( ohralik ), held that the state s interests implicated in the case of regulatory restriction on the practice of a licensed profession are particularly strong. the ..... [12] => ..... non-judicial member by virtue of experience of criminal prosecution include the director of public prosecutions. section 120 of the coroner and justice act, 2009 guidelines 120 sentencing guidelines (1) in this chapter sentencing guidelines means guidelines relating to the sentencing of offenders. (2) a sentencing guideline may be general in nature or limited to a ..... based on the study of the supreme court judgments in death penalty cases from 1950 to 2006. one of the main points made in the report (see chapters 2 to4) is about the court's lack of uniformity and consistency in awarding death sentence.51. the truth of the matter is that the question of ..... appear, sometimes, as an etymological chameleon (the simile is borrowed from lord diplock in town investments ltd. v. deptt. of the environment [(1977) 1 all er813 1978 ac359 (1977) 2 wlr450(hl)].). the criminal court, particularly the superior court should make a close examination to ascertain whether there was really a failure of justice or ..... [13] => ..... and resettlement award is hereby dispensed with; and (k) the expropriated land-owners shall be entitled to seek reference for enhancement of compensation in accordance with chapter-viii of the 2013 act.74. finally, apart from the aforementioned segregation of cases, the present batch of matters also includes slp(c) no.14308/2020 (ashok pratap singh v. ..... . chhatar pal singh [d. no.10729/2023].42. delhi development authority vs. pritam singh @ pritam [d. no.10553/2023].43. delhi development authority vs. m/s. green finance pvt. ltd. [d. no.2121/2023].44. land and building department vs. sanjay vermani [d. no.11257/2023].45. delhi development authority vs. jagbir singh [d. no. ..... vs. suresh [slp(c) 740/2018].69. delhi development authority vs. khayalwati [slp(c) 000738/2018].70. land and building department vs. m/s. tarouni construction and finance p ltd. [d.no.14064/2023].71. government of nct of delhi vs. jaswant [d.no.27989/2022].72. delhi development authority vs. sona devi [slp(c) no ..... [14] => ..... , the right to property drifted from part iii to part xii of the constitution, there continues to be a potent safety net 8 constitution (forty-fourth amendment) act, 1978. 15 against arbitrary acquisitions, hasty decision-making and unfair redressal mechanisms. despite its spatial placement, article 300a9 which declares that no person shall be deprived of his ..... municipal commissioner would take steps to acquire such a property, for a public purpose.18. the context in which section 352 is located in chapter xxi of part vi of the act relating to streets for public place , also makes the position clear that this provision relates to vesting of public street, squares, parks and gardens ..... shall be paid by the corporation to the owner of any building or land acquired for a public street, square, park or garden under the provisions of this chapter: provided that any increase or decrease in the value of the remainder of the property, of which building or the land so acquired formed part, likely to ..... [15] => ..... fringe benefit or amenity as may be prescribed. thus, the present section 17(2)(viii) contains similar stipulations as erstwhile section 17(2)(vi), reference to chapter xiih only being deleted. to retain uniformity, we will be referring to it as section 17(2)(viii). 5 for short, plr . 6 for ..... (no.2) act, 2009, with effect from 01.04.2010, section 17(2)(vi) of the act read: (vi) the value of any other fringe benefit or amenity (excluding the fringe benefits chargeable to tax under chapter xiih) as may be prescribed . post the amendment ..... act defines perquisites. it specifies a list of benefits/advantages, incidental to employment, and received in excess of salary, which are made taxable as perquisites. section 17(2)(viii) is a residuary clause that authorizes a subordinate rule-making authority to prescribe any other fringe benefits or amenities that are liable to taxation as perquisites . 4 before amendments brought in by finance ..... [16] => ..... passenger transportation and (iv) supporting services for road transport services.22. that apart we may also refer to the return filed by the petitioner under section 70 of the finance act, 1994 read with rule 7 of the service tax rules, 1994 i.e form st-3 (revised) wherein the petitioner has applied for - 25 - nc:2024. khc ..... of 2021 c/w wp no.12044 of 2021 relevant provisions are reproduced hereunder :exports from india scheme; "3.00 objective the objective of schemes under this chapter is to provide rewards to exporters to offset infrastructural inefficiencies and associated costs. 3.07 objective objective of service exports from india scheme (seis) is to encourage ..... convenience, the contesting respondents in both the petitions are referred to as dgft and dri- customs.5. a perusal of the material on record will indicate that chapter 3 of foreign trade policy(ftp) for the period 2015-2020 inter-alia provides an incentive scheme i.e., service exports from india scheme(seis) to maximize ..... [17] => ..... passenger transportation and (iv) supporting services for road transport services.22. that apart we may also refer to the return filed by the petitioner under section 70 of the finance act, 1994 read with rule 7 of the service tax rules, 1994 i.e form st-3 (revised) wherein the petitioner has applied for - 25 - nc:2024. khc ..... of 2021 c/w wp no.12044 of 2021 relevant provisions are reproduced hereunder :exports from india scheme; "3.00 objective the objective of schemes under this chapter is to provide rewards to exporters to offset infrastructural inefficiencies and associated costs. 3.07 objective objective of service exports from india scheme (seis) is to encourage ..... convenience, the contesting respondents in both the petitions are referred to as dgft and dri- customs.5. a perusal of the material on record will indicate that chapter 3 of foreign trade policy(ftp) for the period 2015-2020 inter-alia provides an incentive scheme i.e., service exports from india scheme(seis) to maximize ..... [18] => ..... taking recourse to two enactments viz., the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 (hereinafter referred to as cotpa for short) and the karnataka poisons (possession and sale) 28 rules, 2015. the moment ban is clamped upon ..... petitioners being run under the name and style. in writ petition no.7427 of2024between: shisha cafes and restaurant s association an association registered under the societies registration act, 1960 represented by its president mohammed danish having office at: no.27, kammanahalli main road, opp. nandana palace, bengaluru 560 084. ... petitioner ( ..... btm layout, bengaluru 560 095 represented by its director mr. bharath sathish5. m/s. eat repeat india pvt. ltd., company incorporated under companies act running a hotel under the name macaw by stories situated at ward no.191 terrace floor, no.2224, 2225 aecs layout, singasandra10hosur main road bengaluru ..... [19] => ..... taking recourse to two enactments viz., the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 (hereinafter referred to as cotpa for short) and the karnataka poisons (possession and sale) 28 rules, 2015. the moment ban is clamped upon ..... petitioners being run under the name and style. in writ petition no.7427 of2024between: shisha cafes and restaurant s association an association registered under the societies registration act, 1960 represented by its president mohammed danish having office at: no.27, kammanahalli main road, opp. nandana palace, bengaluru 560 084. ... petitioner ( ..... btm layout, bengaluru 560 095 represented by its director mr. bharath sathish5. m/s. eat repeat india pvt. ltd., company incorporated under companies act running a hotel under the name macaw by stories situated at ward no.191 terrace floor, no.2224, 2225 aecs layout, singasandra10hosur main road bengaluru ..... ) Finance Act 1978 Chapter Iii Direct Taxes - Sortby Recent - Page 3 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: finance act 1978 chapter iii direct taxes Sorted by: recent Page 3 of about 15,502 results (0.097 seconds)

Jul 14 2022 (HC)

Dr. Ishwarappa Shivaputrappa Katageri Vs. State Of Karnataka

Court : Karnataka Dharwad

..... the state govt. to make annual grants to the universities, subject to they being accountable to the govt. section 43 provides for the formation of finance committee which inter alia comprises of principal secretary to the - 19 - wa no.100030 of 2022 c/w wa no.100076 of2022finance department and the ..... for the govt. to play.4. as to mediate interference of government through its officers: (a) under this act, half a dozen farm universities have been established in the state, is not in dispute. chapter iii of the act enlists five principal authorities of whom three are relevant viz, (i) board of management, (ii) academic council ..... , & (iii) research council. these are statutory bodies. section 12(1) speaks of composition of bom: four principal secretaries each heading their respective departments, i.e., agriculture, finance, environment & forest .....

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Jul 14 2022 (HC)

The University Of Agricultural Sciences Vs. State Of Karnataka

Court : Karnataka Dharwad

..... the state govt. to make annual grants to the universities, subject to they being accountable to the govt. section 43 provides for the formation of finance committee which inter alia comprises of principal secretary to the - 19 - wa no.100030 of 2022 c/w wa no.100076 of2022finance department and the ..... for the govt. to play.4. as to mediate interference of government through its officers: (a) under this act, half a dozen farm universities have been established in the state, is not in dispute. chapter iii of the act enlists five principal authorities of whom three are relevant viz, (i) board of management, (ii) academic council ..... , & (iii) research council. these are statutory bodies. section 12(1) speaks of composition of bom: four principal secretaries each heading their respective departments, i.e., agriculture, finance, environment & forest .....

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May 10 2022 (SC)

Nedumpilli Finance Company Limited Vs. State Of Kerala .

Court : Supreme Court of India

..... regulated by rbi could still be controlled by the state enactments, because of the definition of the expression 42 money lender , we may first have to see whether chapter iii b of the rbi act is a complete code or not. in integrated finance company limited vs. reserve bank of india and others3, this court held in para 47 of the report that ..... , miscellaneous non banking companies, residuary non banking companies and housing finance companies. this working group actually recommended in paragraph 6.72 of its report that though nbfcs were being regulated by the directions issued under chapter iii b of the rbi act and chapter v of the nhb act, it would be better to enact a separate legislation. the working group went to the extent .....

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Jun 23 2021 (HC)

Smt. Malavika Gubbivani Vs. The State Of Karnataka

Court : Karnataka

..... article 243s of the constitution of india.-. 12 - 15. section 13j of the said act of 1976 reads thus:"13j.bye-laws.- every corporation to which this chapter is made applicable shall notify bye-laws for transaction of business and for finance and accounting procedures governing the working of area sabhas and ward committees, within six months ..... it is necessary to record elaborate reasons.6. as far as constitution of area sabha is concerned, the relevant provisions are in chapter iiia of the said act of 1976. under section 13c of the said act of 1976, there is a mandatory provision that there shall be an area sabha for - 4 - each area. it is ..... from the date of coming into force of this chapter in that corporation." unless bye-laws as aforesaid .....

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Dec 03 2020 (SC)

Skill Lotto Solutions Pvt Ltd. Vs. Union Of India

Court : Supreme Court of India

..... of lottery tickets and this court had occasion to deliver several judgments on the subject which we shall notice hereinafter. service tax was levied on lottery tickets by finance act, 1994. a circular dated 14/21.2.2017 was also issued providing for mode of determination of the amount of service tax. rules were also 4 framed ..... inserted provides as follows: section 31a. value of supply in case of lottery, betting, gambling and horse racing. (1) notwithstanding anything contained in the provisions of this chapter, the value in respect of supplies specified below shall be determined in the manner provided hereinafter. (2) (a) the value of supply of lottery run by state ..... goods means every kind of movable property other than money and securities but includes actionable claim . chapter iii of the act provides for levy and collection of tax. section 15 deals with value of taxable supply. after the enactment of act no.12 of 2017, notification was issued by government of india dated 28.06.2017 in .....

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Nov 27 2020 (SC)

Indian Commodity Exchange Limited Vs. Neptune Overseas Limited

Court : Supreme Court of India

..... is all.2. we now turn to the forward contracts (regulation) act, 1952 (hereinafter referred to as the said act ; since repealed by the finance act, 2015),as the proceedings against the first two respondents herein emanated from the powers exercised under the said act. the said act aimed to regulate certain matters relating to forward contracts, prohibition of ..... in certain commodities as a result of the central government issuing orders under rule 81 of the defence of india rules during the war period.3. chapter ii of the said act provides for the forward markets commission (for short fmc ), an authority to regulate commodities futures market, which was established under section 3, with ..... that order had been set aside by the supreme court. the relegation of the proceedings to the sat did not imply, in his view, that the whole chapter would be reopened, because this court specifically opined that the appeal would be heard on merits. it was his submission, that any other reading would negate .....

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Nov 27 2020 (SC)

Madras Bar Association Vs. Union Of India

Court : Supreme Court of India

..... the 2020 rules impose a new condition whereby advocates without 25 years of experience are ineligible. it is submitted that there is nothing in the provisions of the finance act, 2017, with respect to exclusion, from consideration, of advocates, nor any restrictive condition and, on the other hand, the parent enactments and previously existing rules enabled ..... (2014) 10 scc1 7 | p a ge union of india v. madras bar association (2010) (supra). the constitutional validity of the provisions in chapter xxvii of the companies act, 2013 was upheld by a judgment in madras bar association v. union of india7. however, this court was of the view that certain provisions relating to ..... relating to the establishment of nclt and nclat. a writ petition was filed under article 32 by the madras bar association questioning the amended provisions of chapter xxvii of the companies act, 2013, and more particularly sections 408, 409, 411(3), 412, 413, 425, 431 and 434. the complaint of the madras bar association .....

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Sep 11 2020 (SC)

National Co-Operative Development Corporation Vs. Commissioner of Inco ...

Court : Supreme Court of India

..... on such developmental activities may not be allowed as a deduction when 33 computing the income under the head profits and gains of business or profession .42. the finance act, 2003, thus, inserted a new clause mentioned aforesaid so as to provide that an expenditure not being capital expenditure incurred by a corporation or body corporate, by ..... of disputes. this finally resulted in a scheme of advance ruling being brought into effect in 1993, with the introduction of a new chapter in the income tax act, 1961 (hereinafter referred to as the it act ). a quasi-judicial tribunal was established as the authority for advance rulings (for short aar ) to provide certainty and avoid litigation ..... then advance them as loans or grants, the interest income earned which was so applied would also fall under the head d of section 14 of chapter iv of the it act under the head of profits and gains of business or profession being a part of its normal business activity. the high court delved into the scheme .....

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Sep 02 2020 (SC)

Shridhar c.shetty (Deceased) Thr. Lrs. Vs. addl.collector and Competen ...

Court : Supreme Court of India

..... making representation against the proposed withdrawal.18. when any such exemption is withdrawn or deemed to be withdrawn under these conditions, the provisions of the chapter iii of the said act shall apply to the lands as if the land had not been adopted under this order. 13. we are of the considered opinion that in ..... any other person, except for the purpose of mortgage in favour of any financial institutions specified in sub section (1) of section 19 of the for raising finance for the purpose of construction of any one of the tenements mentioned above, breach of this conditions shall that exemption granted under this order stands withdrawn. *** 17 ..... different persons or authorities may be authorised to perform different functions.20. power to exempt. (1) notwithstanding anything contained in any of the foregoing provisions of this chapter (a) where any person holds vacant land in excess of the ceiling limit and the state government is satisfied, either on its own motion or otherwise, that .....

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Jul 29 2020 (SC)

Shree Choudhary Transport Co. Vs. Income Tax Officer

Court : Supreme Court of India

..... 9 the words the foregoing provisions of this chapter were substituted for the previous expressions carrying various provisions of the act, by the finance (no.2) act, 2004, w.e.f. 01.10.2004. 10 sub-section (2) was inserted by the finance act, 2002. 11 sub-section (3) was inserted by the finance (no.2) act, 2004, w.e.f. 01.04.2005 ..... the other hand, in the case of calcutta export company (supra), this court noticed the aforesaid two amendments to section 40(a)(ia) of the act by the finance act, 2008 and by the finance act, 2010, which were intended to deal with procedural hardship likely to be faced by the bonafide tax payer, who had deducted tax at source but ..... commissioner of income-tax v. calcutta export company: (2018) 404 itr654 wherein this court has held the remedial amendment of section 40(a)(ia) of the act by the finance act, 2010 to be retrospective in nature and applicable from the date of insertion of the said provision. 10.4. learned counsel for the appellant has lastly submitted .....

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