Judgment Search Results Home > Cases Phrase: finance act 2005 section 2 income tax Page 5 of about 352,905 results (1.767 seconds)

Jalaram Industries Vs. Union Of India

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that section 136 of the finance act, 2001 under which there has been a levy and collection of nccd has been impliedly repealed with effect from 01.07.2017 i.e., the date on which .....

Aditya Chemicals Ltd. Vs. Commissioner of Income-tax

Court : Delhi

Reported in : [2009]177TAXMAN66(Delhi)

..... disposed of by the tribunal on 30-8-2007. in view of the retrospective amendment to the provisions of section 148 with effect from 1-10-1991 by virtue of the finance act, 2006, the question with regard to the issuance of notice under section 143(2) was no longer relevant. in this background, the learned counsel for the assessee had no objection ..... 6-2-2003 passed by the commissioner of income-tax (appeals) in which an additional ground was raised that the assessment was bad in law as the notice under section 143(2) had not been served within the statutory period.3. the tribunal had admitted the said ground and restored the issue to the file of the commissioner of ..... to the restoration of the issue to the file of the commissioner of income-tax (appeals) for deciding the same afresh on merits.5. by virtue of the order dated 30-8-2007 passed by the tribunal in ita 1209/delhi/2005 .....

Assistant Commissioner of Income Vs. Smt. Radha Rani

Court : Income Tax Appellate Tribunal ITAT Jaipur

Reported in : (2006)101TTJ(JP.)1017

..... search in the present case was carried on 7th april, 2000, i.e., prior to 1st june, 2002. finance act, 2002 had brought an amendment in section 113 and surcharge was levied on block assessment from prospective effect and not from retrospective effect which further clarifies the ..... cit(a) has erred in law and fact while deleting the surcharge levied as the finance act clearly laid down that surcharge is leviable on rate prescribed under section 113 of the act. the section 113 prescribes rate for block period only. the rates for block period would be governed ..... account. the assessee's firm is a sister-concern of m/s gulshan kumar satish kumar. while finalising the assessment proceedings under section 158bc of m/s gulshan kumar it was observed that the papers relating to sales outside the books of account were found for ..... this appeal arises from the order of learned cit(a), kota, vide order dt. 20th jan., 2005 for the block period 1990-91 to 1999-2000 and upto 7th april, 2000. 1. the learned .....

Slum Rehabilitation Authority Vs. The Deputy Director of Income Tax an ...

Court : Mumbai

..... object of the petitioner was to provide residence to slum dwellers without any profit motive. 5. by finance (no.2.) act, 2009 w.e.f. 1st april, 2009, a proviso was added to the definition of 'charitable purpose' in section 2(15) of the act. by the addition of the proviso, an advancement of any other object of general public utility would ..... kumar, learned counsel appearing for the respondent revenue states that the orders of the tribunal for the assessment years 2005 06, 2007 08 and 2008 09 were all passed in the context of definition 'charitable purpose' under section 2(15) of the act as then existing i.e. without the proviso. therefore, in view of the change in law, the petitioner ..... . therefore, we decided to examine the impugned orders and dispose of the petition on merits. 14. we find that the orders of the tribunal for the assessment years 2005 06, 2007 08 and 2008 09 as well as the order of the this court disposing of the revenue's appeal from the above orders of the tribunal on which .....

ito Vs. Shri R.K. Gupta

Court : Income Tax Appellate Tribunal ITAT Delhi

..... even a copy of the notice on file, such a finding could have been recorded by the cit(a).10. we have also examined the proviso to section 148(1) inserted by the finance act, 2006 with retrospective effect from 1-10-1991 to find out its applicability to the present case. the first proviso saves the validity of a reassessment order where ..... reassessment order is invalid as has been held by the special bench delhi in the case of raj kumar chawla v. ito (2005) 94 itd 1 (sb). in this order, it has been held that the proviso to section 143(2) which mandates service of notice within the period of 12 months from the end of the month in which the return ..... return was filed. but the saving is subject to certain limitations. firstly, the assessee should have filed the return between 1-10-1991 and 30-9-2005 in response to a notice issued under section 148. in the present case the assessee has been held to have filed such a return on 23-3-2000 and thus this condition is satisfied.the .....

Tata Tea Ltd. Vs. Assistant Commissioner of Income-tax

Court : Kerala

Reported in : [2010]189TAXMAN303(Ker)

..... years 2001-02 and 2002-03 to which these appeals relate, exemption was declined for the reason that by the finance act, 2000 the definition of 'manufacture' which included 'processing' contained in section 10b was deleted with effect from 1-4-2001. the department's stand is that manufacture or production had ..... pisciculture, poultry, sericulture, viticulture and mining.this court also noticed that the definition of 'manufacture' contained in section 2(r) of the special economic zones act, 2005, was incorporated later under section 10aa of the income-tax act with effect from 10-2-2006, which is as follows:'manufacture' means to make, produce, fabricate, assemble, ..... , pisciculture, poultry, sericulture, viticulture and mining.the finding of this court is that the purpose of incorporation of section 2(r) of the special economic zones act, 2005 into section 10aa of the income-tax act is to provide a liberal meaning to the word 'manufacture' which takes in even blending, refrigeration etc. it .....

The Institue of Chartered Accountants of India and Vs. the Director Ge ...

Court : Delhi

..... under section 10(23)(iv) of the act subject to fulfilment of certain conditions have been notified by the income tax authorities from time to time until the assessment year 2005-2006. the last notification in this regard was dated 18.10.2004 and is quoted below:government of india ministry of finance department ..... of revenue central board of direct taxes new delhi, the 18.10.2004 notification (income tax) s.o. no. in exercise of the powers conferred by sub clause (iv) of clause (23c) of section 10 of the income tax act ..... charitable purpose includes relief to the poor, education, medical relief and the advancement of any other object of general public utility.29. section 2(15) was substituted by the finance act, 2008 by introducing the proviso, the effect of which was to exclude from the ambit of the expression charitable purpose any activity which .....

Girnar Industries Vs. Commissioner of Income-tax

Court : Kerala

Reported in : [2010]187TAXMAN136(Ker)

..... 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 ..... can be treated as a manufacturing activity only after the definition clause of 'manufacture' contained in section 2(r) of the special economic zones act, 2005 is incorporated in the provisions of section 10aa of the income-tax act with effect from 10-2-2006. even though first appeal was allowed by the cit (appeals ..... pisciculture, poultry, sericulture, viticulture and mining.it is worthwhile to refer to the definition of 'manufacture' contained in section 2(r) of the special economic zones act, 2005, which is incorporated later under section 10aa of the income-tax act with effect from 10-2-2006. it reads as follows:2(r) 'manufacture' means to make, produce, .....

Dewan Chand Amrit Lal Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2006)98ITD200(Chd.)

..... the particulars of his income or furnished inaccurate particulars of such income. the following clause (d) shall be inserted after clause (c) of sub-section (1) of section 271 by the finance act, 2005, w.e.f. 1st april, 2006: (d) has concealed the particulars of the fringe benefits or furnished inaccurate particulars of such fringe benefits, ..... 32.1 with a view to countering this device, which enables taxpayers to explain away unaccounted cash or unaccounted deposits, the finance act, 1984, has inserted a new section 269ss in the it act debarring persons from taking or accepting after 30th june, 1984, from any other person any loan or deposit otherwise than by ..... trace the legislative intent for incorporation of such provisions of the act.sec. 269ss was newly inserted by finance act, 1984 (21 of 1984) w.e.f.1st april, 1984. the provisions are effective from 1st july, 1984. the scope and effect of section 269ss and section 276dd have been explained in the departmental circular no. 387, .....

R and B Falcon (A) Pty Ltd. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Reported in : 2008BusLR469(SC); (2008)216CTR(SC)289; [2008]301ITR309(SC); 2008(8)SCALE223; 2008AIRSCW4096

..... to the place of work and back is liable to fringe benefit tax?5. chapter xii of the act providing for income tax on fringe benefits was inserted by the finance act, 2005. it came into force with effect from 1.4.2006.6. section 115w defines 'employer' and 'fringe benefit tax'. 'fringe benefit tax' (fbt) has been defined as ..... a tax chargeable under section 115wa.section 115wa(1) provides for the basis for charge of fringe benefit tax in the ..... its retrospective operation, held:16. the departmental understanding of the effect of the 1999 amendment even if it were assumed not to bind the respondents under section 119 of the act, nevertheless affords a reasonable construction of it, and there is no reason why we should not adopt it.17. as was affirmed by this court in .....