Court : Karnataka
..... of any other law for the time being in force. as per section 136 of the finance act, a surcharge by way of duty of excise at the rates specified in the schedule is levied. by virtue of the amendment of the twelfth schedule of the finance act, 2005 the rates stand amended. the surcharge would merely refer to an increase of ..... not vitiate levy of tax. (see avinder singh v. state of punjab - air1979sc321. c. legality of levy of nccd as per section 136 of the finance act, 2001 section 136 of the finance act, 2001 provides for levy of nccd and section 136 (1) and (2) are extracted herein below for reference:1. in the case of goods specified in the seventh schedule, ..... (hereinafter referred to as nccd ) as unconstitutional. d) in the alternative and without prejudice to the relief at prayer (c), have sought for declaration that section 136 of the finance act, 2001 under which there has been a levy and collection of nccd has been impliedly repealed with effect from 01.07.2017 i.e., the date on which .....
Tag this Judgment!Court : Karnataka
..... of any other law for the time being in force. as per section 136 of the finance act, a surcharge by way of duty of excise at the rates specified in the schedule is levied. by virtue of the amendment of the twelfth schedule of the finance act, 2005 the rates stand amended. the surcharge would merely refer to an increase of ..... not vitiate levy of tax. (see avinder singh v. state of punjab - air1979sc321. c. legality of levy of nccd as per section 136 of the finance act, 2001 section 136 of the finance act, 2001 provides for levy of nccd and section 136 (1) and (2) are extracted herein below for reference:1. in the case of goods specified in the seventh schedule, ..... (hereinafter referred to as nccd ) as unconstitutional. d) in the alternative and without prejudice to the relief at prayer (c), have sought for declaration that section 136 of the finance act, 2001 under which there has been a levy and collection of nccd has been impliedly repealed with effect from 01.07.2017 i.e., the date on which .....
Tag this Judgment!Court : Karnataka
..... of any other law for the time being in force. as per section 136 of the finance act, a surcharge by way of duty of excise at the rates specified in the schedule is levied. by virtue of the amendment of the twelfth schedule of the finance act, 2005 the rates stand amended. the surcharge would merely refer to an increase of ..... not vitiate levy of tax. (see avinder singh v. state of punjab - air1979sc321. c. legality of levy of nccd as per section 136 of the finance act, 2001 section 136 of the finance act, 2001 provides for levy of nccd and section 136 (1) and (2) are extracted herein below for reference:1. in the case of goods specified in the seventh schedule, ..... (hereinafter referred to as nccd ) as unconstitutional. d) in the alternative and without prejudice to the relief at prayer (c), have sought for declaration that section 136 of the finance act, 2001 under which there has been a levy and collection of nccd has been impliedly repealed with effect from 01.07.2017 i.e., the date on which .....
Tag this Judgment!Court : Karnataka
..... at 1 4 source(tds) and also from payment of income tax in view of section 96 of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 and section 194-la of the income tax act amended vide finance act 67 of 2017 w.e.f 01.04.2017 as well as the cbdt circular dated ..... 5. hindi version of the order shall follow. sd/- (rohit garg) 11.2 subsequently, section 194-la of the i.t. act was amended vide finance act 67 of 2017 w.e.f 01.04.2017 by inserting a second proviso. after the amendment, the section reads as under:- "194la. any person responsible for paying to a resident any sum, ..... as a capital asset. hence, capital gains arising from the transfer. (including compulsory acquisition) of such agricultural land is not taxable. finance (no.2) act, 2004 inserted sec.10(37) in the act from 01.04.2005 to provide specific exemption to the capital gains arising to an individual or a huf from compulsory acquisition of an agricultural land situated in .....
Tag this Judgment!Court : Karnataka
..... at 1 4 source(tds) and also from payment of income tax in view of section 96 of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 and section 194-la of the income tax act amended vide finance act 67 of 2017 w.e.f 01.04.2017 as well as the cbdt circular dated ..... 5. hindi version of the order shall follow. sd/- (rohit garg) 11.2 subsequently, section 194-la of the i.t. act was amended vide finance act 67 of 2017 w.e.f 01.04.2017 by inserting a second proviso. after the amendment, the section reads as under:- "194la. any person responsible for paying to a resident any sum, ..... as a capital asset. hence, capital gains arising from the transfer. (including compulsory acquisition) of such agricultural land is not taxable. finance (no.2) act, 2004 inserted sec.10(37) in the act from 01.04.2005 to provide specific exemption to the capital gains arising to an individual or a huf from compulsory acquisition of an agricultural land situated in .....
Tag this Judgment!Court : Karnataka
..... , i.e., it is produced by the unit. however, certain doubts appear to have arisen following the insertion of explanation 3 to sections 10a and 10b (vide finance act, 2001) and explanation 2 to section 10aa (vide special economic 85 zones act, 2005) providing that the profits and gains derived from on site development of computer software (including services for development of software) outside india shall ..... which is impermissible in law. (iv) whether the bar under third proviso to section 147 of the i.t. act is a legal impediment insofar as the present re-assessment notice is concerned?.50. the third proviso to section 147 of i.t. act as it existed prior to amendment of finance act 2021 reads as follows: provided also that the assessing officer may assess or .....
Tag this Judgment!Court : Karnataka
..... , i.e., it is produced by the unit. however, certain doubts appear to have arisen following the insertion of explanation 3 to sections 10a and 10b (vide finance act, 2001) and explanation 2 to section 10aa (vide special economic 85 zones act, 2005) providing that the profits and gains derived from on site development of computer software (including services for development of software) outside india shall ..... which is impermissible in law. (iv) whether the bar under third proviso to section 147 of the i.t. act is a legal impediment insofar as the present re-assessment notice is concerned?.50. the third proviso to section 147 of i.t. act as it existed prior to amendment of finance act 2021 reads as follows: provided also that the assessing officer may assess or .....
Tag this Judgment!Court : Karnataka
..... for any assessment year, its profits and gains had not been included by application of the provisions of this section as it stood immediately before its substitution by the finance act, 2000, the undertaking shall be entitled to deduction referred to in this sub-section only for the unexpired period of the aforesaid ten consecutive assessment years: provided further that where an undertaking initially ..... commissioner of income tax, circle 12(3), bangalore. respondent (by sri.jeevan j.neeralgi, advocate) this ita is filed under section 260-a of i.t. act, arising out of order dated 31.12.2007 passed in ita.no.57/bng/2005 for the assessment year 2001-2002 praying to formulate the substantial question of law therein and to allow the appeal and .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR3597; 2000(6)KarLJ418
..... appointment either on daily wages or at the time of regularisation. the date of birth so recorded is subject to any alteration made under section 5 of the act. sub-section (2) of section 5 of the act provides a remedy for the state servant to make an application for the purpose of alteration of the date of birth entered in the service ..... facts of this case. in that case, the petitioner had made application/representation to the competent authority for alteration of his date of birth as required under section 5(2) of the act well-within the period of limitation, but no steps were taken to consider the said application. in the case on hand it is not the case of ..... and recorded in the service register or book or any other record of service or within one year from the date of commencement of this act, whichever is later'. under sub-section (1) of section 3 every person on appointment as a state servant shall declare his ago along with the date of birth and support of such declaration shall .....
Tag this Judgment!Court : Karnataka
..... the subject matter of various interpretation by the various high courts. in order to avoid such unnecessary litigations, the parliament introduced sub-section (3) to section 12aa by finance (no.2) act of 2004 with effect from 1.10.2004 which reads as under: "section 12aa(3): where a trust or an institution has been granted registration under clause (b) of sub ..... trust or institution has been given a reasonable opportunity of being heard." as is clear from the circular no.5 of 2005 dated 15.7.2005 issued by the central board of direct taxes, the aforesaid section was amended so as to specifically provide that if the commissioner of income tax is satisfied that the activities of any trust ..... invested rs.20 lakhs in ordinary shares of yimsrpl during the previous year relevant to assessment year 1995-96 and continued to remain so invested up to 31.3.2005. the assessee is paying huge rent to yimsrpl and also given huge deposit of rs.225 lakhs which was claimed as rent deposit (v) search u/s.132 .....
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