Judgment Search Results Home > Cases Phrase: finance act 2005 section 54 amendment of section 238 Court: uttaranchal Page 2 of about 29 results (0.128 seconds)

Sedco Forex International Inc. Vs. Commissioner of Income Tax

Court : Uttaranchal

Reported in : (2005)198CTR(Uttranchal)364; [2005]279ITR1(Uttaranchal)

..... . posti, learned counsel for the respondent and have perused the judgment of the assessing authority and the tribunal.answer to question nos. 1 and 2 :6. section 44bb of the it act was inserted by the finance act, 1987 w.e.f. 1st april, 1983 which is reproduced as under:'special provision for computing profits and gains in connection with the business of exploration, etc ..... be used, in the prospecting for, or extraction or production of, mineral oils outside india.'the following sub-section (3) shall be inserted after sub-section (2) of section 44bb by the finance act, 2003, w.e.f. 1st april, 2004 :'(3) notwithstanding anything contained in sub-section (1), an assessee may claim lower profits and gains than the profits and gains specified in that sub .....

Cit Vs. Halliburton Offshore Services Inc.

Court : Uttaranchal

Reported in : [2004]140TAXMAN405(NULL)

..... payment which he received was for his services in india. in this connection it may be noted that the explanation to section 9(1)(ii) introduced by finance act, 1983 refers to what constitutes 'income earned in india'. this explanation was introduced by finance act, 1983 with effect from 1-4-1979 to get over the judgment of the gujarat high court in cit v ..... . s.g. pgnatale manu/gj/0015/1980 : [1980]124itr391(guj) in which it was held that in order to attract section 9(1)(ii) of the act, liability to pay must arise in india .....

Commissioner of Income-tax and anr. Vs. Halliburton Offshore Services ...

Court : Uttaranchal

Reported in : [2004]271ITR395(Uttaranchal)

..... he received was for his services in india. in this connection it may be noted that the explanation to section 9(l)(ii) introduced by the finance act, 1983, refers to what constitutes 'income earned in india'. this explanation was introduced by the finance act, 1983, with effect from april 1, 1979, to get over the judgment of the gujarat high court in ..... had to go back to the country of his residence. the off period followed the on period. they both formed part of an integral scheme. that even under the finance act of 1999, the new explanation uses the term 'rest period/ leave period'. for the above reasons we find merit in the arguments of the revenue. further, even assuming ..... cit v. s. g. pgnatale manu/gj/0015/1980 : [1980]124itr391(guj) , in which it was held that in order to attract section 9(l)(ii) of the act, liability to pay must arise in .....

Manik Chandra and Kapoor Chand Vs. Assistant Commissioner of Income-ta ...

Court : Uttaranchal

Reported in : (2004)186CTR(Uttranchal)750; [2004]265ITR212(Uttaranchal)

..... , the judgment of the supreme court in cit v. m.r. doshi manu/sc/1240/1995 : [1995]211itr1(sc) has no application to this case. lastly, the finance act of 1979 came into force with effect from april 1, 1980, and therefore it was applicable to the assessment year in question.accordingly, both the above appeals are disposed of ..... the income had to be accumulated up to the age of 18 and therefore explanation 2a was not attracted. he further contended that explanation 2a was inserted by the finance act of 1979 only with effect from april 1, 1980, and therefore explanation 2a was not applicable to the assessment year in question. he relied upon several judgments of ..... :5. under section 64(1)(iii), income arising to a minor from admission to the benefits of partnership, is included in the total income of that parent who has higher income, although neither of the parents is a partner in the firm to the benefits of which the minor is admitted. to counter the device, the finance act, 1979, inserted .....

Sedco Forex International Vs. Cit, Dehradun

Court : Uttaranchal

Reported in : [2005]147TAXMAN389(NULL)

..... for the respondents and have perused the judgment of the assessing authority and the income tax appellate tribunal.answer to question nos. 1 and 2 :6. section 44bb of the income tax act was inserted by the finance act, 1987, with effect from 1-4-1983 which is reproduced as under :'special provision for computing profits and gains in connection with the business of ..... be used, in the prospecting for, or extraction or production of, mineral oils outside india.'the following sub-section (3) shall be inserted after sub-section (2) of section 44bb by the finance act, 2003, with effect from 1-4-2004 :'(3) notwithstanding anything contained in sub-section (1), an assessee may claim lower profits and gains than the profits and gains specified in that sub .....

Dish T.V. India Limited and anr. Etc. Vs. State of Uttarakhand and ors ...

Court : Uttaranchal

Reported in : AIR2009Utr31; (2009)26VST649(NULL)

..... accordingly;the same definition of word 'broadcasting' has been adopted by the finance act, 2001 (with the following changes made vide finance act, 2003):'broadcasting' has the meaning assigned to it in clause (c) of section 2 of the prasar bharati (broadcasting corporation of india) act, 1990 (25 of 1990) and also includes programme selection, scheduling or ..... sated that no entertainment tax can be levied by the state. in state of west bengal and ors. v. purvi communication (p) ltd. manu/sc/0216/2005 : air2005sc1849 , the apex court has held that legislative competence of state to levy tax on luxuries, including taxes of entertainments, amusements etc.; falling under entry 62 ..... ii (state list) of seventh schedule of the constitution of india. referring to the case of state of west bengal v. purvi communication manu/sc/0216/2005 : air2005sc1849 , it is further pleaded that the regulatory power and taxing powers cannot be mixed up. what is material is that the dth service providers are .....

Commissioner of Income Tax Vs. National Institute of Aeronautical Engi ...

Court : Uttaranchal

Reported in : (2009)226CTR(Uttranchal)582; [2009]184TAXMAN264(NULL)

..... the ex parte order dated 12.06.2009 is recalled. 4. this appeal (ita no. 40/2006), preferred under section 260a of income tax act, 1961 (hereinafter referred as the act), is directed against the order dated 12.08.2005, passed by the income tax appellate tribunal (for short itat), delhi bench 'd' new delhi, whereby income tax appeal ..... involving the carrying on of any activity for profit' was deleted from the tail of aforequoted provision with effect from 01.04.1984, vide finance act, 1983. (again the expression is restored vide finance act 2008 w.e.f. 01.04.2009 with a proviso to it.) it is argued on behalf of the respondent that expression 'education' ..... to the genuineness of the activities of the trust or the society who has sought its registration under section 12aa of the act. 10. section 12aa of the act provides the procedure for registration. clause (a) of sub section (1) of section 12aa empowers the cit to call for such documents or information from the trust or institution as he .....

Asian Education Charitable Society and ors. Vs. State of Uttarakhand a ...

Court : Uttaranchal

..... claims that the school is entirely private funded and since they are not 'public authority' as defined under section 2(h) of the right to information act, 2005 (from hereinafter referred to as the act), cognizance cannot be taken against them by public information officers as well as by the state information commission, ..... or order made by the appropriate government, and includes any--(i) body owned, controlled or substantially financed;(ii) non-government organisation substantially financed, directly or indirectly by funds provided by the appropriate government;section 2(f) of the act, which defines 'information' reads as follows:(f) information means any material in any form, including ..... came into existence vide any notification or order made by the government, nor is it owned or controlled by the government or even financed, leave aside 'substantially financed', by the government, as it receives no funds or financial aid of any kind from the government. there cannot be any dispute .....

The Commissioner of Income-tax Vs. Mcdermott International Inc.

Court : Uttaranchal

Reported in : (2008)218CTR(Uttranchal)203; [2008]302ITR268(Uttaranchal)

..... call for and examine the record of assessing officer if the same is erroneous in law and prejudicial to the interest of the revenue. sub-section (4) of section 90 of the finance (no. 2) act, 1998, provides that appeals or references made by the declarant shall be deemed to have been withdrawn, and in the present case the ..... denovo. said order was challenged by the respondent/assessee before the itat, which allowed the appeal vide impugned order dated 30.09.2005 and set aside the order passed by cit, under section 263 of the act. hence, this appeal by revenue.5. before further discussion, we think it just and proper to mention here, the relevant provision ..... prafulla c. pant, j.1. this appeal, preferred under section 260a of the income tax act, 1961 (hereinafter referred as the act) is directed against the judgment and order dated 30.09.2005, passed by the income tax appellate tribunal, delhi bench 'a', delhi (hereinafter referred as itat), in income tax appeal no. 2173(m) of 2000, for the .....

Commissioner of Income-tax and anr. Vs. District Excise Officer

Court : Uttaranchal

Reported in : [2006]284ITR22(Uttaranchal)

..... during the financial year immediately preceding the financial year in which the goods of the nature specified in the table in sub-section (1) are sold.13. the vires were challenged of the aforesaid finance act of 1988. the 13 hon'ble apex court in the case of union of india v. a. sanyasi rao manu/sc/0326/1996 : [1996]219itr330( ..... and have gone through the material on record.12. by the finance act, 1988, section 44ac and section 206c of the income-tax act were amended with effect from june 1, 1988. apart from other amendments, an explanation was appended to section 206c defining buyer and seller. for convenience, section 206c of the income-tax act is reproduced here as under :206c. (1) every person, ..... by the decision taken by third member on january 21, 2000, in i.t.a. nos. 162 to 165/delhi of 1998.4. appeals nos. 197 of 2005 and 198 of 2005 have been filed by the appellants against the common order passed by the learned income-tax appellate tribunal, delhi bench : 'b' new delhi, in t.d.s. .....