Judgment Search Results Home > Cases Phrase: finance act 1992 chapter iii direct taxes income tax Court: supreme court of india Page 1 of about 1,088 results (0.311 seconds)

Vijay Madanlal Choudhary Vs. Union Of India

Court : Supreme Court of India

..... transferred or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of crime under this chapter, he may, by order in writing, provisionally attach such property for a period not exceeding ninety days from the date of the order, in the manner provided in the second schedule to the income-tax act, 1961 (43 of 1961) and the director or the other officer so authorised by him, as the case may be, shall be deemed ..... provision prior to amendment vide finance act, 2015 and finance (no.2) act, 2019, took within its sweep any property (mentioned in section 2(1)(v) of the act) derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence (mentioned in section 2(1)(y) read with schedule to the act) or the value of ..... in such offence or offences; ii) the possession of equipment or materials or substances listed in table i and table ii, knowing that they are being or are to be used in or for the illicit cultivation, production or iii) publicly inciting or inducing others, by any means, to commit any of the offences established in accordance with this article or to use narcotic drugs or psychotropic substances illicitly; iv) participation in, association or conspiracy to commit, attempts to ..... . paragraph11offences under the securities and exchange board of india act, 1992 (15 of 1992) section description of offence 12a read prohibition of manipulative and deceptive with .....

Agricultural Produce Market Committee, Narela, Delhi Vs. Commissioner ...

Court : Supreme Court of India

Reported in : (2008)218CTR(SC)433; [2008]305ITR1(SC); JT2008(10)SC17; 2008(11)SCALE540; (2008)9SCC434; 2008AIRSCW6285; 2008(6)Supreme520; 2008(11)SCALE540

..... prior to the amendment by finance act, 2002, section 10(20) of the income-tax act, 1961 provided as under:chapter iiiincome which do not form part of total incomeincomes not included in total income.10. ..... thereof including programmes undertaken by such marketing committees for the maintenance of markets, sub-markets, check posts and other sites in the market areas; (ii) undertake the planning and development of markets for agricultural produce; (iii) administer the market development fund; (iv) issue direction to marketing committees in general or to one or more marketing committees in particular with a view to ensuring improvement thereof; (v) any other function specially entrusted to it by this ..... it states, inter alia, that notwithstanding anything in part ix, any law relating to panchayats in a state immediately before commencement of the constitution (seventy-third amendment) act, 1992, which is inconsistent with the provisions of part ix, shall continue to be in force until repealed by a competent legislature. ..... this article, inter alia, states that notwithstanding anything in part ixa, any provision of any law relating to municipalities in force in a state immediately before the commencement of the constitution (seventy-fourth amendment) act, 1992, which is inconsistent with the provisions of part ixa, shall continue to be in force until amended or repealed by a competent legislature. .....

Kalpana Mehta and Ors. Vs. Union of India and Ors.

Court : Supreme Court of India

..... section 57 is a part of chapter iii of the evidence act which deals with "facts which ..... before the two-judge bench, learned counsel for the writ petitioners had invited the attention of the bench to a report of the parliamentary standing committee (psc) and the court had directed the governments to file affidavits regarding the steps taken keeping in view the various instructions given from time to time including what has been stated in the report of the psc. ..... *** 81 (2009) 10 scc56482 id, at page 582 76 part g in the sole trustee, lok shikshana trust v the commissioner of income tax, mysore83, a three judge bench of this court, while construing section 57(4) made a distinction between the fact that a particular statement is made in parliament and the correctness of what is stated ..... , the court acknowledged a few decisions of this court where speeches made by the finance minister were relied upon by the court for the purpose of ascertaining the reason for ..... had nexus in respect of those 26 (1998) 4 scc62627 bradlaugh v gosset: (1884) 12 qbd271 53 ljqb290 prebble v television new zealand ltd: (1994) 3 aii er407 pc; r v currie: (1992) 43 part e votes, and the proposed inquiry in the criminal proceedings was in regard to its motivation. ..... . the governor, rbi set up a committee on 30 april, 1992 to investigate into the possible irregularities in funds management by commercial banks and financial institutions, and in particular, in relation to their dealings in government securities, public .....

Karnataka Small Scale Industries Development Corporation Ltd. Vs. Comm ...

Court : Supreme Court of India

Reported in : (2003)179CTR(SC)1; [2002]258ITR770(SC); JT2002(10)SC41; (2003)7SCC224

..... itr 87 at page iii the circular gives explanatory notes on the provisions relating to direct tax in the finance act. ..... senior counsel appearing on behalf of one of the appellants, an assessee- company which was otherwise entitled to various deductions under the provisions of the act from its total income, in computing its total income, was liable under section 115j to pay tax of 30 per cent of the company's book profit irrespective of the actual deductions claimed by it for the period when section 115j was in operation ..... since there was no law between the date the territories were merged in india and the date when the income tax act was extended to those territories under which the income of those prior years could be computed, there was no question of any depreciation being claimed, allowed or carried forward by the assessee for any year ..... of the assets will have to do adjusted by deducting therefrom the amounts of depreciation which would have been allowed on such assets in the regular method of assessment in accordance with the provisions of section 28 to 43 of the income tax act, 1961 without applying the provisions of section 115j(1), and the resultant amount of written down values will only have to be carried forward to the next year.'7. ..... sub-sections (1) and (2) section 115j is in keeping with the (sic) purpose for which chapter xii-b was introduced in the act by the finance act, 1987. ..... section 115j is in chapter xii-b of the act which is entitled 'special provisions relating .....

Adityapur Industrial Area Development Authority Vs. Union of India (Uo ...

Court : Supreme Court of India

Reported in : AIR2006SC2375; (2006)202CTR(SC)464; [2006]283ITR97(SC); [2006(4)JCR202(SC)]; 2006(5)SCALE321; (2006)5SCC100; 2006(1)LC713(SC)

..... chapter iii of the income tax act relates to incomes which do not form part of total income ..... arises from the supply of a commodity or service (not being water or electricity) within its own jurisdictional area or from the supply of water or electricity within or outside its own jurisdictional area ;(20a) any income of an authority constituted in india by or under any law enacted either for the purpose of dealing with and satisfying the need for housing accommodation or for the purpose of planning, development or improvement of cities, ..... on behalf of the union of india, repelled the submissions urged on behalf of the appellants by contending that unless the income generated by an agency or instrumentality of the state went to the coffers of the state directly and remained the income of the state, the agency, whether corporation, company or an authority, could not claim the exemption from union taxation under ..... herein challenged, by a writ petition, the notice issued by the deputy commissioner of income tax, tds circle, jamshedpur dated february 14, 2003 to the manager of the central bank of india, jamshedpur bringing to the notice of the manager of the bank that the finance act, 2002 had brought about changes in the income tax act and while section 10(20a) had been omitted, an explanation was added to section 10(20) of the act. ..... stood before its amendment by the finance act of 2002 read as follows:-10. ..... by the finance act, 2002 with effect from april 1, 2003 an explanation was added to .....

Jagdish A. Sadarangani Vs. Government of India

Court : Supreme Court of India

Reported in : (1998)146CTR(SC)105; [1998]230ITR442(SC); JT1998(9)SC241; (1998)8SCC409; 1998Supp(8)SCC409

..... given by the learned judges of the high court in the impugned judgment as well as the objects and reasons of the bill which was enacted as the finance act, 1995, namely, sub-section (4) inserted in section 269-uc of the income tax act. ..... was that the extent of the property under transfer is about 24 grounds which includes 8.01 grounds for which acquisition under the tamil nadu urban land (ceiling and regulation) act (hereinafter referred to as 'the urban ceiling act') is in force and the stay order has been granted by the high court and that the total consideration towards the entire land is inclusive of the portion affected under ..... the appropriate authority shall reconsider the matter in pursuance of the directions given by the learned single judge within a period of four weeks from the date of this order and shall ..... if the defect is not rectified within the said period of fifteen days or, as the case may be, the further period so allowed, then, notwithstanding anything contained in any other provision of this chapter, the statement shall be deemed never to have been furnished.5. ..... (2) shall,(i) be in the prescribed form; (ii) set forth such particulars as may be prescribed; and(iii) be verified in the prescribed manner,and shall be furnished to the appropriate authority in such manner and within such time as may be prescribed, by each of the parties to such transaction or by any of the parties to such transaction acting on behalf of himself and on behalf of the other parties. .....

Commissioner of Income Tax, Bombay and ors. Vs. Mahindra and Mahindra ...

Court : Supreme Court of India

Reported in : AIR1984SC1182; (1983)3CompLJ30(SC); [1983]144ITR225(SC); 1983(2)SCALE222; (1983)4SCC392; [1983]3SCR773

..... section 72a of the income tax act, 1961 (herein-after referred to as the act) was inserted therein by finance act no. ..... a of chapter iii of monopolies and restrictive trade practices act, 1969 (for short monopolies & restrictive trade practices act) was applicable, m&m; made an application on october 30, 1976 under section 23(2) of the act seeking approval of the central government to the scheme of amalgamation. ..... the high court further directed the specified authority to consider and issue the requisite statutory certificate under section 72a(2)(ii) of the act within one month of the declaration made by the central government under section 72a(1) of the act; the high court gave the further direction that the statutory certificate when it will be furnished by m & m to the concerned income tax officer shall be deemed to have been filed by m & m with its return of income for the concerned assessment year. ..... 391 and 394 of the companies act, 1956 seeking the court's sanction to the scheme of amalgamation ; and during the pendency of the petitions pursuant to the interim directions given by the learned company judge meetings of the shareholders of both the companies were held at which the scheme of amalgamation was approved by them and ultimately by its order dated march 9, 1978 the bombay high .....

Cit, Delhi Vs. Swaran Singh Kanwar

Court : Supreme Court of India

Reported in : AIR1999SC1593; [1998]232ITR350(SC); JT1998(9)SC249a; (1997)11SCC69

..... section 80-k, since deleted by the finance act, 1986, fell in chapter vi-a bearing the heading ''deductions in respect of certain incomes'. ..... since the tribunal refused to make a reference, the revenue moved the application in the high court under section 256(2) for an order directing the tribunal to refer the following question for opinion: whether on the facts and in the circumstances of the case, the tribunal was right in allowing the claim of interest amounting to rs ..... 51,612/- paid on borrowed capital by the assessee for the purpose of shares when the dividend income therefrom was exempted under section 80-k of the income-tax act?3. ..... 23 of 1980 whereby the high court has dismissed the application filed by the revenue under section 256(2) of the income-tax act, 1961 (hereinafter referred to as 'the act'). ..... this means that before applying section 80-k it is necessary to determine the income in accordance with the other provisions of the act, including section 56 read with section 57(iii) of the act and only thereafter the deduction under section 80-k has to be made. ..... the said order of the income-tax officer was upheld in appeal by the appellate assistant commissioner but on further appeal, the income-tax appellate tribunal (hereinafter referred to as 'the tribunal') held that the amount of rs ..... the income-tax officer disallowed the deduction to the extent of rs ..... of income-tax : [1979]118itr243(sc) , which decision has subsequently been overruled by this court in distribution (baroda) .....

People's Union for Civil Liberties and Anr. Vs. Union of India (UOi) a ...

Court : Supreme Court of India

Reported in : (2009)5MLJ587(SC); 2009(3)SCALE22; (2009)3SCC200; 2009(2)LC850(SC):2009AIRSCW2819

..... court also directed the ministry of finance to make investigation/enquiry against each of the defaulting political parties and initiate necessary action including penal action under section 276cc of the income tax act. ..... there cannot be any distinction between the fundamental rights mentioned in chapter iii of the constitution and the declaration of such rights on the basis of the judgments rendered by this ..... expression 'conduct of election' in article 324 of the constitution of india is wide enough to include in its sweep, the power of the election commission to issue - in the process of the conduct of elections - directions to the effect that the political parties shall submit to the commission for its scrutiny, the details of the expenditure incurred or authorised by the political parties in connection with the election of their respective candidates.17. ..... an elector who is otherwise eligible to cast vote and to elect his representative has statutory right under the act to be a voter and has also a fundamental right as enshrined in chapter iii. ..... 1/1992) and the representation of the people (second amendment) ordinance, 1992 (ordinance ..... zachillhu : [1992]1scr686 , union of india ..... of india : [1993]1scr786 a three-judge bench examined challenge to the representation of the people (amendment) ordinance, 1992 (ordinance no. ..... 2/1992) by which provision for countermanding elections in certain circumstances was amended and period of twenty days specified in section 30 was reduced to fourteen .....

Brij Lal and ors. Vs. Commissioner of Income Tax, Jalandhar.

Court : Supreme Court of India

Reported in : (2011)1SCC1

..... income tax as indicated by proviso (b) to section 245c(1); aggregation of total income inter alia in terms of sections 143, 144 or 147 as indicated by section 245c(1b)(iii); aggregation of total income as returned plus income disclosed in the application for settlement as indicated in section 245c(1b)(ii); the deductions in section 245c(1c); increase of interest under section 215(3) pursuant to the orders of the settlement commission and the levy of interest under sections 234a(4) and 234b(4) all bring into chapter xix-a various provisions of the act ..... and sections 217 and 273, "assessed tax" means the tax determined on the basis of the regular assessment (reduced by the amount of tax deductible in accordance with the provisions of sections 192 to 194, section 194a, section 194c, section 194d, section 195 and section 196a so far as such tax relates to income subject to advance tax and so far as it is not due to variations in the rates of tax made by the finance act enacted for the year for which ..... under sub- section (4) of section 245d, have, subject to the provisions of sub-section (3) of that section, exclusive jurisdiction to exercise the powers and perform the functions of an income-tax authority under this act in relation to the case : (3) notwithstanding anything contained in sub-section (2) and in the absence of any express direction to the contrary by the settlement commission, nothing contained in this section shall affect the operation of any other provision of this .....