Judgment Search Results Home > Cases Phrase: finance act 2005 section 121 amendment of section 10 of act 54 of 2000 Page 99 of about 24,240 results (0.380 seconds)

C.W.S. (India) Limited Vs. Commissioner of Income Tax

Court : Supreme Court of India

Reported in : [1994]208ITR649(SC); JT1994(3)SC116; 1994(1)SCALE840; 1994Supp(2)SCC296; [1994]2SCR247

..... the meaning assigned to it in rule 2(h) of part-a of the fourth schedule to the act.5. with effect from april 1, 1972, section 40a(5) was introduced in substitution of section 40(a)(v). as introduced by finance act, 1971, it read as follows:40a. expenses or payments not deductible in certain circumstances:-(5)(a) where ..... , of course, applicable only to companies and not to other assessees.2. section 40(c)(iii) introduced by finance act, 1973 with effect from april 1, 1963, as substituted by finance act, 1964, read as follows:40 amounts not deductible: notwithstanding anything to the contrary in sections 30 to 38, the following amounts shall not be deducted in computing the income ..... or any payment referred to in clause (ii) of sub-section (3) of that section or any payment referred to hi clause (iv) or clause (v) of sub-section (1) of section 36 shall not be taken into account.3. by finance act, 1968, sub-clause (iii) in clause (c) of section 40 was deleted and in its place sub-clause (v) .....

Commissioner of Income Tax Vs. Hindustan Bulk Carriers

Court : Supreme Court of India

Reported in : AIR2003SC3942; (2003)179CTR(SC)362; (2003)2MLJ65(SC); (2003)3SCC57; [2002]SUPP5SCR387

..... amount of tax calculated on the total income assessed in the earlier proceeding for assessment under section 143 or section 144 or section 147'.(underlined for emphasis)10. prior to substitution by finance act, 1987 w.e.f. 1.6.1987, the proviso to sub-section (1) read as follows:'provided that no such application shall be made unless the ..... particular situation it has done so like insections 139(8), 215(4), 216 and section 220(2a) of theact.4. prior to finance act, 1987, the corresponding sections pertaining to imposition of interest used the expression 'may' but the change brought about in the finance act, 1987 is a clear indication that the intention of the legislature was to make ..... rupees in the earlier proviso has been substituted by the expression 'one hundred thousand rupees' by the finance act, 1995 w.e.f. 1.7.1995. some changes were introduced by finance act, 1987 w.e.f. 1.6.1987 in sub-section (1b) and (1c) which do not have much importance for the present appeals.11. the commission .....

Commissioner of Income Tax Vs. Hindustan Elector Graphites Ltd.

Court : Supreme Court of India

Reported in : [2000]109TAXMAN342(SC); [2000]243ITR48SC

..... of cash compensatory support became taxable retrospectively with effect from april 1, 1967, but that was by amendment of section 28 by the finance act of 1990 which amendment could not have been known before the finance act came into force. levy of additional tax bears all the characteristics of penalty. additional tax was levied as the ..... assessment year 1989-90 a sum of rs. 1,31,41,030 by way of cash assistance. since clause (iiib) was inserted in section 28, though having retrospective operation by the finance act, 1990, the assessee did not include this income in its return which, as noted above, was filed on december 29, 1989. the ..... mentioned therein is chargeable to income-tax under the head "profits and gains of business or profession". clause (iiib) in section 28 was inserted by the finance bill of 1990. the finance bill which ultimately became the finance act received assent of the president of india on may 31, 1990. clause (iiib) was given retrospective operation with effect from .....

S.B. Construction Company Vs. Union of India (Uoi)

Court : Rajasthan

Reported in : RLW2007(2)Raj1606; 2006[4]STR545; [2007]6STT385

..... of levy of service tax, taxable services and their valuation, procedure and the rules. certain provisions of the central excise act, 1944 also applies to the service tax. the act of 1944 provides for imposition of service tax by section 54. section 65 of finance act, 1994 provides and defines various services on which service tax is levied. the central government decided to bring 'cargo handling ..... petitioner s.b. construction company a partnership firm engaged in construction and maintenance activities has challenged the order of the 3rd respondent superintendent, central excise, sri ganganagar dated 25th april, 2005 to get the registration for the services of 'cargo handling service' and pay the service tax due thereon. the petitioner has been asked to give the details of amount received .....

Commissioner of Income-tax Vs. B.C. Kothari

Court : Chennai

Reported in : (1986)53CTR(Mad)176; [1986]160ITR27(Mad)

..... 8. sub-clauses (ii) and (iii) are not relevant for our purpose. this amendment by addition of sub-clause (ib) was also made by the finance act, 1972. by the same finance act, in section 59, it was provided as follows : 'certain casual ad non-recurring receipts not to be included the total income for the assessment year 1972-73. - ..... question which falls for consideration is whether the income from horse racing in question when it was received on february 27, 1972, qualifies for this exemption under section 59 of the finance act, 1972. according to the assessee, the income must be treated as having been received by him in the financial year 1971-72 and, therefore, it was ..... source of income of rs. 38,079 and that previous year was the deepavali year ending deepavali, 1972. 7. the learned counsel has contended that when section 59 of the finance act, 1972, referred to a casual and non-recurring receipt of the previous year relevant to the assessment year commencing on the 1st day of april, 1972 .....

K.N. Chari Rubber and Plastics Pvt. Ltd. Vs. the Commissioner of Wealt ...

Court : Chennai

Reported in : (2002)178CTR(Mad)483; [2003]260ITR164(Mad)

..... as the memorandum of association of the company mentions the leasing of the properties of the company as one of it's objects. sub clause (vi) of section 43 of the finance act stipulates that what is to be excluded is a factory which is 'used by the assessee for the purpose of its business'. here it cannot be said ..... holding that the factory building at avadi cannot be treated as business asset used for the purpose of business of the appellant company as per interpretation of section 40(3)(vi) of the finance act, 1983, in the facts and circumstances of the case ?'the assessment years are 1986-87 to 1988-89.2. the assessee which is a closely ..... company and such inclusion is against the intention of the legislature ? 2. whether, the tribunal was right in holding that the expression 'motor cars' occuring in section 40(3)(vii) of the finance act, 1983 leaves no ambiguity in interpretation and as such, motor cars forming part of plant and machinery in the block of assets for depreciation under .....

Commissioner of Service Tax Vs. P.J. Margo Pvt. Ltd.

Court : Karnataka

Reported in : 2010[18]STR146

..... . we find that the very liability is under section 65(19) of the finance act, 1994 and this statutory provision has undergone a change by the amendment given effect retrospectively from 10-9-2004, as substituted by the finance (no. 2) act, 2004 and again by way of amendment of finance act, 2005 notified on 16-6-2005, it was clarified that service provided by processing of goods is ..... d.v. shylendra kumar, j.1. the subject matter of the appeal filed under section 35g of the central excise act, 1944, by the commissioner of service tax, service tax commissionerate, bangalore, is as to whether the tax liability under the provisions of finance act, 2005, in respect of the activity of the respondent-assessee namely, activity of enhancing the acidic value of humic acid supplied .....

Smt. Vinita Devi Singhania Vs. Commissioner of Wealth-tax

Court : Kolkata

Reported in : [1991]191ITR233(Cal)

..... that an allowance or deduction should be made from the value of the property, it made an express provision to that effect as in section 48 of the estate duty act and section 7(3) of the u. k. finance act, 1894. the fact that no provision was made in respect of expenses which may have to be borne by the assessee in effecting ..... valuation date and, in the case of estate duty, the date of death of the deceased. the supreme court also noted that section 48 of the estate duty act, which corresponds to section 7(3) of the u. k. finance act, 1894, specifically allowed a deduction up to a prescribed percentage on account of certain expenses relating to the property. the supreme court was ..... only at such time be sold to an investor or speculator.'14. lord guest observed (at page 541) :'the terms of section 7(5) of the finance act, 1894, have already been quoted. the value of property under this section is to be taken to be at its market value at the date of the death of the deceased. some things, i .....

Regency Soraj Infrastructures Vs. Union of India and Others

Court : Delhi

..... and words "31st day of march, 2006", the figures, letters and words "[the 31st day of march, 2011]" had been substituted".8. section 80 ia was substituted by finance act, 1999. section 80 ia(1) provides that where gross total income of an assessee includes profits and gains derived by an undertaking or an enterprise from a business ..... developers (p) limited (supra) was different. in the said case, the petitioner therein had applied for grant of approval under the 2002, scheme on 27th december, 2005 and the approval was granted by the ministry of commerce and industries on 24th july, 2006. in the application, the expected date of commencement of commercial park was ..... valley properties and buildcon and m/s l.k. corporation. pursuant to permission granted by the district industrial centre vide letter dated 3rd january, 2005 and the commencement certificate dated 7th january, 2005 issued by the pune municipal corporation, they have constructed w.p. (c) nos. 13825/2009 and 7699/2010 page 1 of 25 .....

Mohabir Enterprises Vs. Commissioner of Central Excise

Court : Chennai

..... the main contractors. the petitioner contested the classification and taxability of impugned services under the category "survey and exploration of mineral services" as defined under section 65(104a) of the finance act, 1994. a show cause notice, dated 30.11.2009 was issued to the petitioner, to show cause as to why rs.47,93,469/- ..... 29.2.2012, levying service tax of rs.47,93,469/-, with interest, penalty, etc., against which, the petitioner filed a statutory appeal under section 85 of the finance act, 1994, before the first respondent-appellate authority, along with petition for stay/waiver of pre-deposit of service tax, interest and penalty and the said appeal ..... petitioner, requiring the petitioner to show cause as to why a sum of rs.47,93,649/- towards service tax, should not be demanded under section 73(1) of the finance act, 1994, apart from demand of interest. however, the petitioner filed reply, dated 19.1.2010 to the adjudicating authority, and the adjudication proceedings were .....