Judgment Search Results Home > Cases Phrase: finance act 2001 section 5 amendment of section 10 Court: uttaranchal Page 2 of about 21 results (0.074 seconds)

Sedco Forex International Inc. Vs. Commissioner of Income Tax

Court : Uttaranchal

Reported in : (2005)198CTR(Uttranchal)364; [2005]279ITR1(Uttaranchal)

..... 'the following sub-section (3) shall be inserted after sub-section (2) of section 44bb by the finance act, 2003, w.e.f. ..... section 44bb of the it act was inserted by the finance act, 1987 w.e.f. ..... '. clause (24) of section 2 defines 'income' includes--profits and gains.7 ..... 'from perusal of the section it is clear that for an assessee, being non-resident, a sum equal to ten per cent of the aggregate of the amounts specified in sub-section (2) shall be deemed to be profits and gains of such business chargeable to tax under the head 'profits and gains of business or profession'.the 'assessee' as has been defined in clause (7) of section 2 means a person by whom or any other sum of money is payable under this act.the 'person' is defined in clause (31) of section 2 which includes 'an individual ..... these appeals, preferred under section 260a of the it act, 1961, are directed against the consolidated judgment and order dt. ..... it also involves the question of presumptive taxation under section 44bb of the it act. .....

Cit Vs. Halliburton Offshore Services Inc.

Court : Uttaranchal

Reported in : [2004]140TAXMAN405(NULL)

..... this connection it may be noted that the explanation to section 9(1)(ii) introduced by finance act, 1983 refers to what constitutes 'income earned in india ..... the circumstances of the case, the learned itat was legally justified in holding that the salary paid to the assessee for the off period outside india was not chargeable to indian income tax act in terms of section 9(1)(ii) of the income-tax act, 196 1, whereas the learned itat has itself held, vide order dated 25-3-1992 in ita no. ..... this explanation was introduced by finance act, 1983 with effect from 1-4-1979 to get over the judgment of the gujarat high court in cit ..... that even under the finance act of 1999 the new explanation uses the term' rest period/ ..... secondly, although section 191 of the act is not over-ridden by sections 192, 208 & 209(1)(a)(d) of the act, the scheme of sections 208 & 209 of the act indicates that in order to compute advance tax the assessee has to inter alia estimate his current income and calculate the tax on such income by applying the rates ..... 0015/1980 : [1980]124itr391(guj) in which it was held that in order to attract section 9(1)(ii) of the act, liability to pay must arise in india. ..... the facts and in the circumstances of the case, the learned itat was justified in holding that interest under section 234b of the income tax act cannot be charged since the entire income of the assessee was subject to tds whereas this interest is chargeable on assessed tax as defined by explanation 1 below section 234b?'4. .....

Commissioner of Income-tax and anr. Vs. Halliburton Offshore Services ...

Court : Uttaranchal

Reported in : [2004]271ITR395(Uttaranchal)

..... in this connection it may be noted that the explanation to section 9(l)(ii) introduced by the finance act, 1983, refers to what constitutes 'income earned in india'. ..... of the case, the learned income-tax appellate tribunal was legally justified in holding that the salary paid to the assessee for the off period outside india was not chargeable to indian income-tax act in terms of section 9(l)(ii) of the income-tax act, 1961, whereas the learned income-tax appellate tribunal has itself held, vide order dated march 25, 1992, in i. t. a. no. ..... this explanation was introduced by the finance act, 1983, with effect from april 1, 1979, to get over the judgment of the gujarat high court in cit v. s. g. ..... that even under the finance act of 1999, the new explanation uses the term 'rest period/ leave period'. ..... secondly, although section 191 of the act is not overridden by sections 192, 208 and 209(l)(a)(d) of the act, the scheme of sections 208 and 209 of the act indicates that in order to compute advance tax the assessee has to, inter alia, estimate his current income and calculate the tax on such income by applying the rates in force. ..... pgnatale manu/gj/0015/1980 : [1980]124itr391(guj) , in which it was held that in order to attract section 9(l)(ii) of the act, liability to pay must arise in india. .....

Manik Chandra and Kapoor Chand Vs. Assistant Commissioner of Income-ta ...

Court : Uttaranchal

Reported in : (2004)186CTR(Uttranchal)750; [2004]265ITR212(Uttaranchal)

..... he further contended that explanation 2a was inserted by the finance act of 1979 only with effect from april 1, 1980, and therefore explanation 2a was not applicable to ..... questions : the following questions have been referred to us in the above appeals :'(a) whether, the tribunal erred in holding that the provisions of section 64(1)(iii) read with the explanation 2a were attracted particularly when the minor children of the assessee were not entitled to any right to the trust funds including the income ..... the income which was accumulated was for the benefit of the partners of the firm in which investment was made by the trustees and therefore section 64(1)(iii) read with the explanation 2a was attracted and therefore the income-tax officer was right in taxing the income of rs. ..... in this connection, it was submitted on behalf of the assessee that two conditions were required to be satisfied in order to attract explanation 2a to section 64(1)(iii), namely, that the income should arise to the trustee from the membership of the trust in the firm and that such income should accrue for the benefit of ..... 1995 : [1995]211itr1(sc) , the tribunal erred in coming to the conclusion that section 64(1)(iii) read with the explanation 2a was attracted in the facts of the present ..... -tax (appeals) took the view that since the minors had no right to receive the income during their minority the provisions of section 64(1)(iii) read with the explanation 2a was not applicable and therefore the income of rs. .....

Sedco Forex International Vs. Cit, Dehradun

Court : Uttaranchal

Reported in : [2005]147TAXMAN389(NULL)

..... 'the following sub-section (3) shall be inserted after sub-section (2) of section 44bb by the finance act, 2003, with effect from 1-4-2004 :'(3) notwithstanding anything contained in sub-section (1), an assessee may claim lower profits and gains than the profits and gains specified in that sub-section, if he keeps and maintains such books of account and other documents as required under sub-section (2) of section 44aa and gets his accounts audited and furnishes a report of such audit as required under section 44ab, and thereupon ..... section 44bb of the income tax act was inserted by the finance act, 1987, with effect from 1-4-1983 which is reproduced as under :'special provision for computing profits and gains in connection with the business of exploration, etc. ..... non-resident, a sum equal to ten per cent of the aggregate of the amounts specified in sub-section (2) shall be deemed to be profits and gains of such business chargeable to tax under the head 'profits and gains of business or profession'.the 'assessee' as has been defined in clause (7) of section 2 means a person by whom or any other sum of money is payable under this act.the 'person' is defined in clause (31) of section 2 which includes 'an individual', clause (24) of section 2 defines 'income' includes - profits and gains.7. .....

Dish T.V. India Limited and anr. Etc. Vs. State of Uttarakhand and ors ...

Court : Uttaranchal

Reported in : AIR2009Utr31; (2009)26VST649(NULL)

..... and all its grammatical variation and cognate expressions shall be construed accordingly;the same definition of word 'broadcasting' has been adopted by the finance act, 2001 (with the following changes made vide finance act, 2003):'broadcasting' has the meaning assigned to it in clause (c) of section 2 of the prasar bharati (broadcasting corporation of india) act, 1990 (25 of 1990) and also includes programme selection, scheduling or presentation of sound or visual matter on a radio or a ..... act, 1979 and that of 'cable service' and 'cable television network', quoted above, and the definitions of expressions 'broadcasting' and 'broadcasting agency and organisation' given in the finance act, 1994 (as amended), this court is of the clear view that the broadcasting agency or organization which is providing entertainment without cables cannot be said to be covered by ..... bljr845 , wherein division bench of patna high court took the view that no entertainment tax can be levied on the cable operators unless the bihar entertainment tax act, 1948, is amended to include them who are not specifically covered under the act, as the cable operators cannot be said to be admitting anyone to entertainment (unlike the proprietors of cinema halls) ..... bring the dth services under the net of entertainment tax, but, in the state of uttarakhand without there being any amendment in the state law, impugned notices are being issued to the petitioners seeking recovery of entertainment tax which according to .....

Commissioner of Income Tax Vs. National Institute of Aeronautical Engi ...

Court : Uttaranchal

Reported in : (2009)226CTR(Uttranchal)582; [2009]184TAXMAN264(NULL)

..... section 2(15) of the act reads as under:charitable purpose' includes relief of the poor, education, medical relief and advancement of any other object of general public utility.it is pertinent to mention here that earlier expression 'not involving the carrying on of any activity for profit' was deleted from the tail of aforequoted provision with effect from 01.04.1984, vide finance act ..... is restored vide finance act 2008 w.e.f. ..... found, whether by carrying on an activity for profit or not.having gone through the aforesaid case law, we do not find that it gives a right to every institution engaged in commercial activity, to get registered under section 12aa of the act, or bars the commissioner of income tax to examine the genuineness as required under ..... said society moved an application under section 12aa of the act before cit, dehradun for grant of registration under section 12aa(1)(b)(i) of income tax act, 1961, in the prescribed form ..... law involved in this appeal is as under:whether the itat has erred in law in holding that assessee carried on activity for charitable purpose in terms in terms of section 2(15) and directing cit to grant registration under section 12aa of the act to the assessee society 6. ..... the papers including income and expenditure of the assessee for the financial years 2000-2001, 2001-2002 and 2002-2003 and concluded that the assessee is not carrying any charitable activity within the meaning of section 2(15) of the act, as it was in a profit making business. .....

Asian Education Charitable Society and ors. Vs. State of Uttarakhand a ...

Court : Uttaranchal

..... other law made by parliament;(c) by any other law made by state legislature;(d) by notification issued or order made by the appropriate government, and includes any--(i) body owned, controlled or substantially financed;(ii) non-government organisation substantially financed, directly or indirectly by funds provided by the appropriate government;section 2(f) of the act, which defines 'information' reads as follows:(f) information means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts ..... , reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;section 2(i) of the act, which defines 'record' reads as follows:(i) 'record' includes--(i) any document, manuscript and file;(ii) any microfilm, microfiche and facsimile copy of a document;(iii) any reproduction of image or images embodied in such microfilm (whether enlarged ..... for the petitioners to come within the purview of section 2(h) of the act, what is necessary is that the body should be formed vide a notification issued or an order made by the appropriate government and either it should be owned, controlled or substantially financed by funds provided by the appropriate government. .....

The Commissioner of Income-tax Vs. Mcdermott International Inc.

Court : Uttaranchal

Reported in : (2008)218CTR(Uttranchal)203; [2008]302ITR268(Uttaranchal)

..... 2) act, 1998, and settlement order is passed under section 88 of aforesaid act, no matter covered under the settlement can be reopened as provided in sub-section (3) of section 90 of the finance (no ..... the assessing officer (hereinafter referred as ao), on scrutiny of the return and the relevant contract, passed order under section 143(3) of the income tax act on 26.03.1998, wherein he assessed only 50 per cent of the total amount of mobilization/demobilization charges received by the respondent/assessee as an amount received in respect of the work outside india and remaining 50 per cent was assessed as ..... whether, the itat has erred in law in holding that order under section 263 of income-tax act, 1961, could not have been passed ignoring that the settlement under kvss related only to the tax arrears ..... sub-section (3) and sub-section (4) of section 90 contained in chapter iv of the finance ..... however, on 20th january 1999, cit issued a notice under section 263 of the act to the assessee, proposing to revise the assessment on the ground that ao was not justified in accepting that 50 per cent of the mobilization/demobilization charges cannot be treated towards work carried out outside india, as according to him ..... or ground on the basis of which it can be said that the order of the ao, passed under the kvss is erroneous in law, as such, merely on the ground that order can be prejudicial to the interest of revenue, power under section 263 of the act could not have been exercised by the cit. .....

Commissioner of Income-tax and anr. Vs. District Excise Officer

Court : Uttaranchal

Reported in : [2006]284ITR22(Uttaranchal)

..... by the finance act, 1988, section 44ac and section 206c of the income-tax act were amended with effect from june 1, 1988. ..... manu/sc/1557/2001 : [2001]248itr105(sc) , while considering section 206c of the act held as under (page 593) :it is quite evident that section 206c of the income-tax act, 1961, refers to a case where by reason of the payment to the seller the buyer gets specific goods mentioned in the table to the said section or gets a right to collect or receive those goods by virtue of that payment. ..... 55/2003, 56/2003, 57/2003 and 58/2003 have been filed by the appellants against the common order dated august 1, 2001, passed by learned income-tax appellate tribunal, delhi bench 'd', new delhi in i.t.a. ..... state of kerala manu/sc/0123/2001 : 2001(75)ecc718 and government of maharashtra v. ..... 35/2001, 37/2001 and 39/2001 have been filed by the appellants against the common order dated may 3, 2000, passed by the income-tax appellate tribunal, delhi bench 'd' new delhi (in short 'the itat'), in i.t.a. ..... 36 and 2001 and 38 of 2001 have been filed by the appellants against the common order passed by the learned income-tax appellate tribunal, delhi bench 'd', new delhi, in i.t.a. ..... 7 of 2001 has been filed by the appellant against the order dated may 2, 2000, passed by the learned income-tax appellate tribunal, delhi bench 'd' delhi, in c. o. no. .....