Judgment Search Results Home > Cases Phrase: finance act 1994 section 37 amendment of section 143 Court: delhi Page 1 of about 2,650 results (0.137 seconds)

Sita World Travels (India) Ltd. Vs. Commissioner of Income Tax and anr ...

Court : Delhi

Reported in : (2005)193CTR(Del)84; [2005]274ITR186(Delhi)

..... it is the case of the petitioner that the returns as required by sub-section (6) of section 80hhd were accompanied by the report of the chartered accountant and the said claim was in conformity with the amendment made by the finance act, 1994. ..... 16th june, 2003 objected to the assumption of jurisdiction, inter alia, pointing out that there was full and complete disclosure on the basis of computation of the deduction under section 80hhd and that the deduction was allowed on the basis of figures of profit shown in the p&l; a/c, where the petitioner claimed deduction on the actual foreign exchange and actual receipt. ..... on the basis of the returns submitted by the assessed for the relevant years, the assessments were made under section 143(3) of the act, after examining various issues including the claim of deduction under section 80hhd of the act. ..... however, the assessed had excluded it from total receipts and in the order under section 143(3) as well, this position did not change. ..... it is contended by the learned counsel for the petitioner that the ao had formed an opinion when the assessment was made under section 143(3) on 25th feb. ..... in the order under section 143(3) as also before the cit(a), this amount was not included in total receipts for computing deduction under section 80hhd.however, as per sub-section (3) of section 80hhd, the deduction equals (eligible foreign exchange/total receipts of the business) x business income. .....

Sita World Travel (India) Ltd. Vs. Cit

Court : Delhi

Reported in : [2004]140TAXMAN381(Delhi)

..... that the returns as required by sub-section (6) of section 80hhd were accompanied by the report of the chartered accountant and the said claim was in conformity with the amendment made by the finance act, 1994. ..... by the petitioner, inter alia, challenging the action of the respondent whereby in exercise of powers under section 147 of the income tax act, 1961 (hereinafter referred to as the act'), the assessing officer reopened the assessment, and ultimately, made the reassessment for years 1996-97 and 1997 ..... for the petitioner that the assessing officer had formed an opinion when the assessment was made under section 143(3) on 25-2-1999, that the deduction was to be allowed by dividing turnover as reduced by turnover passed to others under section 80hhd (2a) by the total turn over as reduced by the same figure. ..... in the order under section 143(3) as also before the commissioner (appeals), this amount was not included in total receipts for computing deduction under section sohhd.however, as per sub-section (3) of section 80hhd, the deduction equals (eligible foreign exchange/total receipts ..... by the assessed for the relevant years, the assessments were made tinder section 143(3) of the act, after examining various issues including the claim of deduction under section 80hhd of the act. ..... however, the assessed had excluded it from total receipts and in the order under section 143(3) as well, this position did not change.this matter was also not before the commissioner (appeals) and .....

Federation of Hotels and Restaurants Association of India and Others V ...

Court : Delhi

..... the court accordingly: (i) upholds the constitutional validity of section 65 (105)(zzzzv) read with section 66e (i), section 65 (22) of the finance act 1994 as well as rule 2c of the service tax (determination of value) rules, 2006; (ii) strikes down section 65 (105) (zzzzw) of the finance act 1994 pertaining to levy of service tax on the provision of short-term accommodation and the corresponding instructions/circulars seeking to operationalise the levy as unconstitutional ..... 1.1 the challenge in this petition under article 226 of the constitution of india is to the constitutional validity of section 65 (105) (zzzzv) of the finance act 1994 (fa) whereby the provision to any person by a restaurant, by having the facility of air-conditioning in any part of its establishment serving food or beverage, including alcoholic beverages or both, in its premises has been made amenable ..... section 65 clause 41 sub clause (p) of the finance act, 1994, defines the taxable service (which is the subject matter of levy of service tax) as any service provided to a customer by a mandap-keeper in relation to use of a mandap in any manner including the facilities provided to a customer in ..... dated 17th march 2012 the union of india exempted various taxable services from the whole of the service tax leviable under section 66b of the finance act, 1994. ..... thereafter, parliament enacted the finance act, 2012 amending the fa by inserting sections 65b (22), 65 b (44), ..... of the finance act 2012 read as under: 143. .....

The Commissioner of Income Tax-v Vs. Natraj Stationery Products (P) Lt ...

Court : Delhi

Reported in : (2009)222CTR(Del)430; [2009]312ITR22(Delhi); [2009]177TAXMAN168(Delhi)

..... of the present appeal, it would be sufficient, if a note is made of the fact that the section was amended by the finance act, 1992 with effect from 01.04.1993, thereafter by the finance act, 1993 with effect from 01.04.1994, then the finance act, 1994 with retrospective effect from 01.04.1994 and with effect from 01.04.1995, then by finance act, 1995 with effect from 01.04.1996, then by finance act (no. ..... or such further period as the central government may, by notification in the official gazette, specify with reference to any particular industrial undertaking.the followi1ng clause (iv)(a) was substituted for the existing clause (iv) by the finance act, 1993 with effect from 01.04.1994:(iv)(a) in the case of an industrial undertaking not specified in sub clause (b), it begins to manufacture or produce articles or things or to operate such plant and plants, at any time during the period beginning ..... deductions as claimed by the respondent/assessee for the assessment year 2001-02.8.2 in these circumstances, it would be relevant to note the provision for deduction as it stood from 01.04.1991 till its amendment by the finance act, 1993 with effect from 01.04.1994. ..... officer as noted herein above, accepted the return under section 143(1)(a) of the act. ..... under section 143(1)(a) of the act. ..... relevant for the assessment years 1998-99 and 1999- 00, the respondent/assessee had claimed deductions under section 80-ia and the assessing officer accepted the return under section 143(1)(a) of the act. .....

Sterling Tools Ltd. Vs. Dy. Cit

Court : Delhi

Reported in : (2004)91TTJ(Del)261

..... cit (2002) 80 itd 429 (chen), but highlighting at the same time that it was only the amendment carried out in sub-section (1) of section 158bb by the finance act, 2002, with effect from i-6-2002, that the evidence gathered in post-search enquiries could be made the basis for ..... in other words, the assessing officer in the regular assessment made under section 143(3) did not choose to make any addition on account of the investment ..... learned counsel and once again not challenged on behalf of the revenue, the regular assessment under section 143(3) came to be made on 31-1-1997, and the search took place much earlier i.e. ..... as compared in this figure the assessing officer noticed that in the audited accounts pertaining to the period 1994-95 the value of the stock as on 31-3-1995, worked out as follows :(i) raw material 1,09,77,000(ii) work-in-progress 26,95,000(iii) ..... both the plots had been purchased in the period relevant to assessment year 1995-96 and in respect of which the regular assessment had already been completed under section 143(3) on 31-1-1997 (copy of the assessment order at pp. ..... on record a copy of the assessment order for assessment year 1996-97 framed under section 143(3) on 6-10-1997, which is once again a date much later to the date ..... vis-a-vis the two grounds before us, a valuation report obtained subsequently by the assessing officer cannot form the basis of an addition in a block assessment, moreso, when a regular assessment under section 143(3) has already been made. .....

Mtnl Vs. the Chairman, Central Board of Direct Taxes and anr.

Court : Delhi

Reported in : [2000]246ITR173(Delhi)

..... explanationn as introduced by finance act no.2 of 1999 an intimation sent to the assessed under section 143(1)(a) was deemed to be an order for purposes of section 246 between 1.6.1994 to 31.3.1995, and under section 264 between 1.10.1991 ..... 1.4.1998, second proviso to section 143(1)(a) was substituted by the finance act, 1997 which was opera-tive ..... 1994 by finance act 1994 ..... to be noted that section 143(1) has undergone a change by finance act 1999 with effect from ..... of explanationn to section 143 by the finance act no.2 of 1991 ..... establishment, maintenance and working of telephone services for metros of delhi and mumbai and license for effecting the same was granted by the government of india, department of telecommunications under sub-section (2) of section 4 of the indian telegraph act, 1885 (in short, telegraph act) initially for a period of five years and it was subsequently extended from time to time and the last extension is valid for a period of 15 years w.e.f. ..... under section 143(1)(a) as it stood prior to 1.4.1989, the assessing officer had to pass an assessment order if he decided to accept the return, but under the amended provision, the requirement of passing of an assessment order has been dispensed with and instead an ..... section 147 prior to its substitution by the direct tax laws (amend-ment) act, ..... submissions, it is necessary to take note of sections 143(1), (as it stood before and after amendment w.e.f. ..... by the direct tax laws (amendment) act 1987, the provision read as follows .....

Mahanagar Telephone Nigam Ltd. Vs. Chairman, Central Board of Direct T ...

Court : Delhi

Reported in : (2000)162CTR(Del)554

..... 1-4-1998, second proviso to section 143(1)(a) was substituted by the finance act, 1997, which was operative ..... to be noted that section 143(1) has undergone a change by finance act, 1999, with effect ..... explanationn to section 143 by the finance act, no. ..... maintenance and working of telephone services for metros of delhi and mumbai and license for effecting the same was granted by the government of india, department of telecommunications, under sub-section (2) of section 4 of the indian telegraph act, 1885 (hereinafter referred to as `the telegraph act'), initially for a period of five years and it was subsequently extended from time to time and the last extension is valid for a period of 15 years with effect from ..... section 147 prior to its substitution by the direct tax laws (amendment) act, 1987, stood as follows :'section ..... under section 143(1)(a) as it stood prior to 1-4-1989, the assessing officer had to pass an assessment order if he decided to accept the return, but under the amended provision, the requirement of passing of an assessment order has been dispensed with and instead an ..... amendment'section 143. ..... 1-10-1991, and subsequently with effect from 1-6-1994, by finance act, 1994, and ultimately omitted with effect from 1-6-1999, by explanationn as introduced by finance act, no. ..... by the direct tax laws (amendment) act, 1987, the provision read as ..... submissions, it is necessary to take note of sections 143(1) (as it stood before and after amendment with effect from 1-6-1999), 147 and 148. .....

Asstt. Cit Range-1 Vs. Mohd. Umar Asarafi

Court : Income Tax Appellate Tribunal ITAT Delhi

..... with effect from 1-4-1998, second proviso to section 143(1)(a) was substituted by the finance act, 1997, which was operative till 1-6-1999. ..... as a result of insertion of explanation to section 143 by the finance act (no. ..... on a comparison of the provisions as it stood before the direct tax laws (amendment) act, 1987 and the provisions as substituted by the direct tax laws (amendment) act, 1987, it would be clear that: the scope and effect of section 147 as substituted with effect from 1st april, 1989, as also sections 148 to 152 are substantially different from the provisions as stood prior to such substitution.14. ..... in the instant case assessment were not completed under section 143( 1), as it stood prior to amendment of section 143(1) with effect from 1-4-1989, but only intimation were issued under section 143(1), as per provisions stood during the years under consideration. ..... 2) of 1999, an intimation sent to the assessee under section 143(1)(a) was deemed to be an order for purposes of section 246 between 1-6-1994 to 31 - 3-1995 and under section 264 between 1-10-1991 and 31-5-1999. ..... 2) of 1991 with effect from 1-10-1991 and subsequently with effect from 1-6-1994 by finance act, 1994 and ultimately omitted with effect from 1-6-1999 by explanation as introduced by the finance act (no. .....

Cit Vs. Punjab National Bank

Court : Delhi

Reported in : (2001)166CTR(Del)340

..... the expiry of two years from the end of the assessment year in which the income was first assessable:(b) where as a result of an order made under sub-section (3) of this section or section 144 or section 147 or section 154 or section 155 or section 250 or section 254 or section 260 or section 262 or section 263 or section 264, or any other of settlement made under sub-section (4) of section 245d relating to any earlier assessment year and passed subsequent to the filing of the return referred to in clause (a), there is any variation in the carry forward ..... with effect from 1-4-1998, second proviso to section 143(1)(a) was substituted by the finance act, 1997, which was operative till 1-6-1999. ..... under section 143(1)(a) as it stood prior to 1-4-1989, the assessing officer had to pass an assessment order if he decided to accept the return, but under the amendment provision, the requirement of passing of an assessment order has been dispensed with and instead an intimation is required to be sent. ..... 2 of 1991 with effect from 1-10-1991, and subsequently with effect from 1-6-1994, by finance act, 1994, and ultimately omitted with effect from 1-6-1999, by explanationn as introduced by finance act no. ..... section 143(1), as it stood before and after amendment with effect from 1-6-1999, read as follows :after amendmentsection 143. .....

Commissioner of Income-tax Vs. Punjab National Bank

Court : Delhi

Reported in : 2001IIIAD(Delhi)110

..... 1.6.1999 by explanationn as introduced by finance act no.2 of 1999 an intimation sent to the assessed under section 143(1)(a) was deemed to be an order for purposes of section 246 between 1.6.1994 to 31.3.1995, and under section 264 between 1.10.1991 and 31.5.1999. ..... with effect from 1.4.1998, second proviso to section 143(1)(a) was substituted by the finance act, 1997 which was operative till 1.6.1999. ..... 1.6.1994 by finance act 1994 and ultimately omitted w.e.f. ..... 1-6-1999 read as follows:after amendment sec.143.assessment: (1) where a return has been made under section 139, or in response to a notice under sub-section (1) of section 142- i. ..... under section 143(1)(a) as it stood prior to 1.4.1989, the assessing officer had to pass an assessment order if he decided to accept the return, but under the amended provision, the requirement of passing of an assessment order has been dispensed with and instead an intimation is required to be sent. ..... section 143(1), as it stood before and after amendment w.e.f. ..... ' before amendment section 143(1) as it stood at the point of time when the intimation was given under the said provision, under section 139, or in response to a notice under sub-section (1 so far as relevant, read as follows:-sec. .....