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Commissioner of Income Tax Vs. Motilal Subhodh Kumar Jain

Court : Madhya Pradesh

Reported in : (2005)197CTR(MP)58; [2005]277ITR524(MP); 2004(3)MPLJ304

..... amendment has been made in the above provisions by the finance act, 2002, the amended section 269t reads thus :'mode of repayment of certain ..... loan has been later on specifically included under section 269t of the act in the year 2002; section 269t was not attracted, hence, no interference is called for in ..... purposes of this section,--[substituted for following clause (i) by the finance act, 1985, w.e.f ..... of section 269t prior to the amendment and section 269ss makes it abundantly clear that legislature made a distinction between the mode of repayment of certain deposits which conditions provided in section 269t were not made applicable to a case of loan; loan and deposit have been treated differently in section 269ss and unamended section 269t of the act. ..... from the amended section 269t of the act that 'loan' word has been introduced in section 269t for the first time in the year 2002, w.e.f. ..... loan had not been included in deposit under unamended section 269t, thus, scheme of sections 269ss and 269t, as the provision stood before amendment in the relevant assessment year, provided for repayment of certain 'deposit' by way of account payee cheque not that ..... prior to amendment made in section 269t of the act, section 269ss provided the mode of taking or accepting certain ..... to substitute the existing section by a new section so as to extend its scope to loans also and delete provisions contained therein, which have become obsolete.these amendments will take effect from 1st june, 2002.'8. .....

Punjab State Cooperative Supply and Marketing Federation Limited Vs. U ...

Court : Punjab and Haryana

Reported in : (2006)206CTR(P& H)194; [2007]290ITR15(P& H)

..... period commencing on the lst day of october, 1991 and ending on the 30th day of september, 2005 in response to a notico served under this section, and(b) subsequently a notice has been served under sub-section (2) of section 143 after the expiry of twelve months specified in the proviso to sub-section (2) of section 143, as it stood immediately before the amendment of said sub-section by the finance act, 2002 (20 of 2002) but before the expiry of the time-limit for makmg the assessment, reassessment or recomputation as specified in sub ..... -section (2) of section 153, every such notice referred to in this clause shall be deemed to be a valid notice:provided further that in a case-(a) where a return has been furnished .....

Dcit Vs. S.G. Investments and Industries

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2004)89ITD44(Kol.)

..... the explanatory notes on provisions of section 14a as amended by the finance act, 2002 has been given in circular no. ..... proviso to section 14a is inserted to clarify ..... further, in section 14a of the act, the following proviso was inserted by the finance act, 2002 with effect from the 11th day of may, 2001, namely:- "provided that nothing contained in this section shall empower the assessing officer either to reassess under section 147 or pass on order enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessee under section 154 for any assessment year beginning on or before the 1st day of april, 2001" this ..... 23.2 through finance act, 2002, a proviso to section 14a has been inserted so as to clarify that the assessing officer shall not reassess the cases under section 147 of pass an order enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessee under section 154, for any assessment year beginning on or before the 1st day of april, 2001 .....

Valueline Securities (i) Ltd. Vs. Assistant Commissioner

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2007)108ITD639(Delhi)

..... . it provides that the assessment is to be made in the manner laid down in section 158bb and the provisions of sections 142, 143(2) and (3), and sections 144 and 145 shall, so far as may be, apply section 158bb as existing prior to amendment by the finance act, 2002, provides that the undisclosed income of the block period shall be computed in accordance with the provisions of chapter iv on the basis of evidence found as a result of search or requisition of books of account or documents and such other materials or information as ..... made, is defined in section 158b(b) which include money, bullion, jewellery or other valuable article or thing or any income based on any entry in the books of account or other documents or transactions, where such money, bullion, jewellery, valuable articles, things, entry for the books of account or other document or transaction represents wholly or partly income or property which has not been or would not have been disclosed for the purpose of this act and after the amendment by finance act, 2002 ..... with effect from 1-7-1995 it includes also any expenses, deduction or allowance claimed under this act which is to be found to be false. 9 .....

Commissioner of Income Tax Vs. Heartland Delhi Transcription Services ...

Court : Delhi

..... the circular issued by the board after amendment was brought about by finance act 2002 to sections 10a and 10b. ..... examine sub-section (9a), which was inserted by the finance act, 2002 and omitted after one year by the finance act, 2003 with effect from 1st april, 2004, it would indicate that the legislature had noticed the ill effect of the prohibition casted in subsection 9 and had partly modified and removed the bar in specific/particular cases by the finance act, 2002 with ..... the aforesaid section, the effect thereof and why and how it was omitted, we would also like to reproduce sub section (9a) to section 10b, which was inserted by the finance act, 2002 with effect from 1st april, 2003, but was deleted/omitted by the finance act, 2003 with ..... 19.9 the finance act, 2002 has introduced sub-section (9a) to provide that in case of genuine reorganization of business whereby a proprietary concern or a partnership is succeeded by a company, the prohibition of sub-section (9) will not apply if the beneficial ownership of not less than ..... however, in respect of undertakings commencing operation in the notified special economic zones (sezs) on or after 1st april, 2002, the finance act, 2002 intends to provide a separate tax holiday for a total period of seven assessment years, comprising of a deduction of 100% of export profits for five years followed by deduction ..... the assessee, the tribunal noted that section 10a(9) was substituted by the finance act 2000 with effect from 1 april 2002. .....

Fashion Design Council of India vs.govt. Of Nct of Delhi and Anr.

Court : Delhi

..... court also noticed and quoted the following passage from virtual soft systems ltd v commissioner of income tax 2007 (9) scc665 and held as follows:"it may be noted that the amendment made to section 271 by the finance act, 2002 only stated that the amended provision would come into force with effect from 1.4.2003 ..... believing that its fashion shows were entertainment events, fdci had applied for exemption under the provisions of section 14 of the act; the then joint secretary (finance) acting at the behest of the government of national capital territory of delhi (gnctd) granted 100% entertainment tax exemption for events held from 2002-04 and 50% exemption for events held from 2008-09.later, no tax exemptions were given and fdci was asked to deposit the requisite entertainment ..... or in the case of cinematograph exhibitions, cover exhibition of news- reels, documentaries, cartoons, advertisement shorts or slides, whether before or during the exhibition of a feature film or separately, and also includes entertainment through cable service;" section 2(m) of the act, after amendment with effect from 1st october, 2012 reads as under:-"(m) "payment for admission" includes- (i) any payment made by a person for seats or other accommodation in any form in a place of entertainment; (ii) any payment for cable ..... martin lottery agency ltd, likewise, insertion of an explanation was held to be insufficient to constitute levy (in that case, of service tax, through amendment to the finance act of 1994) .....

Bcci vs.govt. Of Nct of Delhi and Ors.

Court : Delhi

..... court also noticed and quoted the following passage from virtual soft systems ltd v commissioner of income tax 2007 (9) scc665 and held as follows:"it may be noted that the amendment made to section 271 by the finance act, 2002 only stated that the amended provision would come into force with effect from 1.4.2003 ..... believing that its fashion shows were entertainment events, fdci had applied for exemption under the provisions of section 14 of the act; the then joint secretary (finance) acting at the behest of the government of national capital territory of delhi (gnctd) granted 100% entertainment tax exemption for events held from 2002-04 and 50% exemption for events held from 2008-09.later, no tax exemptions were given and fdci was asked to deposit the requisite entertainment ..... or in the case of cinematograph exhibitions, cover exhibition of news- reels, documentaries, cartoons, advertisement shorts or slides, whether before or during the exhibition of a feature film or separately, and also includes entertainment through cable service;" section 2(m) of the act, after amendment with effect from 1st october, 2012 reads as under:-"(m) "payment for admission" includes- (i) any payment made by a person for seats or other accommodation in any form in a place of entertainment; (ii) any payment for cable ..... martin lottery agency ltd, likewise, insertion of an explanation was held to be insufficient to constitute levy (in that case, of service tax, through amendment to the finance act of 1994) .....

Gmr Sports Pvt. Ltd. Vs.commissioner of Excise, Entt and Luxury Tax an ...

Court : Delhi

..... court also noticed and quoted the following passage from virtual soft systems ltd v commissioner of income tax 2007 (9) scc665 and held as follows:"it may be noted that the amendment made to section 271 by the finance act, 2002 only stated that the amended provision would come into force with effect from 1.4.2003 ..... believing that its fashion shows were entertainment events, fdci had applied for exemption under the provisions of section 14 of the act; the then joint secretary (finance) acting at the behest of the government of national capital territory of delhi (gnctd) granted 100% entertainment tax exemption for events held from 2002-04 and 50% exemption for events held from 2008-09.later, no tax exemptions were given and fdci was asked to deposit the requisite entertainment ..... or in the case of cinematograph exhibitions, cover exhibition of news- reels, documentaries, cartoons, advertisement shorts or slides, whether before or during the exhibition of a feature film or separately, and also includes entertainment through cable service;" section 2(m) of the act, after amendment with effect from 1st october, 2012 reads as under:-"(m) "payment for admission" includes- (i) any payment made by a person for seats or other accommodation in any form in a place of entertainment; (ii) any payment for cable ..... martin lottery agency ltd, likewise, insertion of an explanation was held to be insufficient to constitute levy (in that case, of service tax, through amendment to the finance act of 1994) .....

Den Soccer Private Limited vs.gnctd and Ors.

Court : Delhi

..... court also noticed and quoted the following passage from virtual soft systems ltd v commissioner of income tax 2007 (9) scc665 and held as follows:"it may be noted that the amendment made to section 271 by the finance act, 2002 only stated that the amended provision would come into force with effect from 1.4.2003 ..... believing that its fashion shows were entertainment events, fdci had applied for exemption under the provisions of section 14 of the act; the then joint secretary (finance) acting at the behest of the government of national capital territory of delhi (gnctd) granted 100% entertainment tax exemption for events held from 2002-04 and 50% exemption for events held from 2008-09.later, no tax exemptions were given and fdci was asked to deposit the requisite entertainment ..... or in the case of cinematograph exhibitions, cover exhibition of news- reels, documentaries, cartoons, advertisement shorts or slides, whether before or during the exhibition of a feature film or separately, and also includes entertainment through cable service;" section 2(m) of the act, after amendment with effect from 1st october, 2012 reads as under:-"(m) "payment for admission" includes- (i) any payment made by a person for seats or other accommodation in any form in a place of entertainment; (ii) any payment for cable ..... martin lottery agency ltd, likewise, insertion of an explanation was held to be insufficient to constitute levy (in that case, of service tax, through amendment to the finance act of 1994) .....

Pro Sportify Pvt. Ltd. Vs.the Commissioner of Entertainment Tax, Gnctd

Court : Delhi

..... court also noticed and quoted the following passage from virtual soft systems ltd v commissioner of income tax 2007 (9) scc665 and held as follows:"it may be noted that the amendment made to section 271 by the finance act, 2002 only stated that the amended provision would come into force with effect from 1.4.2003 ..... believing that its fashion shows were entertainment events, fdci had applied for exemption under the provisions of section 14 of the act; the then joint secretary (finance) acting at the behest of the government of national capital territory of delhi (gnctd) granted 100% entertainment tax exemption for events held from 2002-04 and 50% exemption for events held from 2008-09.later, no tax exemptions were given and fdci was asked to deposit the requisite entertainment ..... or in the case of cinematograph exhibitions, cover exhibition of news- reels, documentaries, cartoons, advertisement shorts or slides, whether before or during the exhibition of a feature film or separately, and also includes entertainment through cable service;" section 2(m) of the act, after amendment with effect from 1st october, 2012 reads as under:-"(m) "payment for admission" includes- (i) any payment made by a person for seats or other accommodation in any form in a place of entertainment; (ii) any payment for cable ..... martin lottery agency ltd, likewise, insertion of an explanation was held to be insufficient to constitute levy (in that case, of service tax, through amendment to the finance act of 1994) .....