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Aft Trust - Sub 1 and ors. Vs. Chairman, Central Board of Direct Taxes ...

Court : Delhi

Reported in : (2008)220CTR(Del)59

..... directed against the order dated 17.02.2005 passed by the under secretary, department of revenue, central board of direct taxes, ministry of finance, government of india (respondent no. 2) whereby the application of the petitioners 1 and 2 under section 10(15a) of the income-tax act, 1961 (hereinafter referred to as 'the said act') was rejected. by way of ..... no. 1 to the respondent no. 3 (jet airways). there is also a prayer for refund of rs 10,98,42,772/- withheld and paid under section 195 of the said act in respect of the lease rents paid by the respondent no. 3 to the petitioner no. 1 being the owner of the aircrafts. there is also ..... that agreement was not available to the petitioner no. 1. however, the petitioner no. 1 realised that it was eligible to claim the benefit under section 10(15a) of the said act and, therefore, it contemplated moving application seeking central government approval which was a necessary pre-condition for availing of the benefit. such an application was moved .....

Hukumchand Mills Ltd. Vs. the State of M.P. and anr.

Court : Madhya Pradesh

Reported in : AIR1959MP195

..... it was illegal for the state authorities to continue it. the assessments made in 1951 by the state authorities were therefore contrary to the provisions of section 13 of the finance act of 1950 and were illegal.16. it was to validate the illegal orders passed by the state authorities that the madhya bharat taxes on income (validation ..... and shall not be called in question on the ground only that such proceedings were not taken by the authority referred to in the proviso to section 13 of the finance act of 1950.section 4 of that act provided for completion of the pending proceedings by the state authorities. in short, the effect of these two validating ..... of gwalior, indore and malwa was formed in 1948, ordinance no. 1 of 1948 was promulgated which was subsequently replaced by an act called regulation of government act, samvat 2005. ry the ordinance and the act, the existing laws in the merged states were continued and power was given to the government to make regulations for the peace and .....

Commssioner of Income Tax Vs. Haryana Minerals Ltd.

Court : Punjab and Haryana

Reported in : [2009]313ITR318(P& H)

..... 85 it was held that the benefit of amendment made in section 80hhc by finance act no. 2 of 1991 could not have been extended to the assessee in relation to the assessment year 1984-85. the position would not be different with ..... revenue and against the assessee. in that regard again reliance was placed on the judgement in the case of m/s gem granites (supra) wherein section 80 hhc(unamended) alongwith the amendment made by finance act no. 2 of 1991 was considered. applying the ratio of the judgement of hon'ble the supreme court in respect of the assessment year 1984- ..... tax tamil nadu (2005) 26 itr 1. the observations of the division bench in that regard reads as under:. it is sufficient to mention that the cit(appeals) as well as the tribunal have treated the provisions of the amended section 80hhc of the act applicable to the case of the assessee as if the amendment made by finance act no. 2 of .....

Nokia Corporation Vs. Assistant Director of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)112TTJ(Delhi)627

..... learned ao. 2. the cit(a) erred on facts and in law, in upholding inclusion of rs. 5 crores as income from vendor financing in the order passed under section 154 of the act, in respect of appeal effect order dt. 28th july, 2005. 3. based on facts and circumstances of the case and in law, the order passed by cit(a) under ..... case and in law, the order passed by ctt(a) under section 154 of the act is bad in law and void ab initio. 4. the cit(a ..... and in law, in upholding assumption of jurisdiction under section 154 of the it act, 1961 ('act') by the learned ao. 2. the cit(a) erred on facts and in law, in upholding inclusion of rs. 5 crores as income from vendor financing under section 154 of the act, in respect of appeal effect order dt. 28th july, 2005. 3. based on facts and circumstances of the .....

M/s Pulp N'Pack Private Ltd., Tadimalla Nidadavote Mandal rep. by Its ...

Court : Andhra Pradesh

Reported in : (2009)23VST573(AP)

..... intended to operate as a check on what would otherwise have been the sole discretion of the assessing authority. the provisions of section 33c are in pari materia borrowed from section 241 of the income tax act 1961 (omitted by the finance act 2001, w.e.f. 1.1.2001). another legislative intendment of the prescription (that the order must be preceded by the ..... nidadavolu, had no jurisdiction to pass an order under section 33c of the act of 1957. after the repeal of the act of 1957 by the promulgation of the a.p. value added tax act 2001 ('vat act'), section 80(2) of the vat act r/w rule 59(6) of the ap value added tax rules, 2005 enjoins that only the deputy commissioner of the division ..... of trade marks air 1981 delhi 190; union of india v. m.l. capoor air 1974 sc 87. as observed in union of india v. essel mining and industries limited (2005) 6 scc 675, it is not the number of pages but the sufficiency of reasons that is relevant. in m.l. capoor (supra), beg, j observed that the recording .....

Kmp Timbers Vs. Commercial Tax Inspector and anr.

Court : Kerala

Reported in : (2010)27VST536(Ker)

..... projected to the contrary are quite wrong and unfounded.20. in this context, it is also very much relevant to note that section 19a of the kvat act (which came into effect from july 1, 2006 as per the kerala finance act, 2006) provides for issuance of 'green card', which is extracted below for the purpose of convenience:19a. issue of green card.- every ..... and understanding of the petitioners to the contrary is quite wrong and misconceived.19. it is very much relevant to note that section 47(16a), which was brought into effect from july 1, 2006 by virtue of the kerala finance act, 2006, starts with a 'non obstante clause'. by virtue of the terminology used in the provision, paramount importance is given to the .....

G.T.C. Industries Ltd. Vs. the Dy. Cit, Spl. Rg. 50

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... aspect. second,which is independent of and without prejudice to the aforesaid, the explanation has now been inserted in clause (vii) of sub-section (1) of section 36 by the finance act 2001 with retrospective effect from 1.4.1989. the learned judicial member holds the view that the retrospective legislation was not in existence at the ..... the provisions contained under section 154 of the income-tax act, 1961, and basing on the amendment made to section 36(1), clause (viii), which was amended by finance act, 2001? 2. the hon'ble third member, nominated by the hon'ble president, income-tax appellate tribunal, vide his order dated 30.5.2005 has concurred with the ..... the provisions contained under section 154 of the income-tax act, 1961, and basing on the amendment made to section 36(1), clause (viii), which was amended by finance act, 2001? 2. the hon'ble third member, nominated by the hon'ble president, income-tax appellate tribunal, vide his order dated 30.5.2005 has concurred with the .....

Mohan Breweries and Distilleries Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2008)114TTJ(Chennai)532

..... ) and addl. cit v. ashok alco chem ltd. (2005) 96 ttj (mumbai) 1000 : (2005) 96 itd 160 (mambai) were not applicable to the facts of the case. these order were delivered before the amendment to section 80-ia. by amendment by the finance act, 1999 w.e.f. 1st april, 2000, section 80-ia(2) was introduced which has given the option to ..... the assessee to opt the initial assessment year to claim deduction under section 80 ..... year relevant to the initial assessment year and to every subsequent assessment year upto and including the assessment year for which the determination is to be made.section 80-ia as enacted by finance act, 1999 w.e.f. 1st april, 2000 as stated earlier gives an option to the assessee w.e.f. 1st april, 2000 to claim .....

…appellant Vs. Commissioner of Income Tax,

Court : Kolkata

..... in relation to the past years but not in relation to the immediately previous years can be subjected to payment of tax ?. (b) the insertion of section 25b by way of amendment by finance act, 2000 can be of any help to the assessee on the facts and circumstances of this case. while we read the ratio in the decision of ..... pvt.ltd.v.cit (1992) 194 itr 39.(cal).and cit v.d.p. sandu brothers.chembur p. ltd.(2005) 273 itr 1 (sc).he submits that section 25b cannot be made applicable for assessment of arrears of rent, as this section has no retrospective effect and it was prospective operation for the year 2001-02. he has drawn attention of the ..... .respondent judgment on:13. 3.2012. k.j.sengupta, j.:this appeal has been admitted for hearing by an order dated 16th may, 2005 on the following substantial questions of law:(i) whether the tribunal acted within its authority and/or jurisdiction by directing assessment of arrears of rent in the year of receipt and upholding the reopening of the assessments .....

Commissioner of Income Tax Vs. Pallava Granite Industries Ipvtltd

Court : Chennai

..... .gem granites vs. cit, in civil appeal nos.3633 to 3637 of 2005, dated 11.07.2005. aggrieved by this, the revenue has filed the present tax case (appeals).5. learned standing counsel appearing for the revenue referred to the definition of 'manufacture' as existed prior to substitution under the finance act, 2000, with effect from 01.04.2001 and submitted by reason of ..... of income tax (appeals), who accepted the plea of the assessee that cutting and polishing was manufacture. referring to insertion of explanation 4 below the omitted sub-section (9a) of section 10b of the income tax act with effect from 01.04.2004, as per which, the word 'manufacture' or 'produce' included the cutting and polishing of precious and semi-precious stones, the .....