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Judgment Search Results Home > Cases Phrase: finance act 2006 section 2 income tax Sorted by: recent Court: kerala Page 1 of about 15,044 results (0.117 seconds)

Aug 07 2009 (HC)

Kmp Timbers Vs. Commercial Tax Inspector and anr.

Court : Kerala

Reported in : (2010)27VST536(Ker)

..... apprehension 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 registered ..... idea 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 necessity .....

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Dec 09 2014 (HC)

Marthoma Medical Mission Thiruvalla Vs. The Chief Commissioner of Inco ...

Court : Kerala

..... on behalf of the respondent wherein ext.p4 order is sought to be justified by placing reliance on the 14th proviso to section 10 (23-c) (via), that was inserted by the finance act, 2006 with effect from 01.06.2006. it is further pointed out that the claim for extension of the benefit granted in earlier years, for the assessment ..... .p3 application for continuing the benefit granted to it by ext.p1 order, for the assessment years from 2005-2006 to 2007-2008. by that time, however, the provisions of section 10 (23-c) (via) had been amended by finance act, 2006 by adding proviso 14 therein which read as follows: w.p.(c).no.11421 of 2008 2 "provided also ..... on 1st of april of the relevant assessment year. in the instant case, when it came to the assessment years 2005-2006 and 2006-2007, an amendment that was introduced through the finance act with effect from 01.06.2006 would have no application to the assessment of the petitioner for the said assessment years. the amendment would govern only the .....

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Apr 24 2010 (TRI)

M/S Dhanasakthi Chitties and Loans (P) Ltd. Vs. T.A. Paul, S/O T.A.Ant ...

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

..... and contended that it was bound to deduct income tax by virtue of section.194(b) of the income tax act read with the explanation to sec.2(24) of the income tax act inserted by the finance act, 2001. thus, the opposite party prayed for dismissal of the complaint ..... with cost. 2. before the forum below exts.p1 and p2 documents were marked on the side of the complainant and exts.r1 to r9 on the side of the opposite party. on an appreciation of the documentary evidence, the forum below passed the impugned order dated:10th october 2006 ..... accordingly. in the result the appeal is allowed. the impugned order dated:10/10/2006 passed by cdrf, thrissur in op:522/04 is set aside. the parties are directed to suffer their respective costs. ..... .v. viswanathan, judicial member the above appeal is preferred against the order dated:10th october 2006 passed by cdrf, thrissur in op:522/04. the complaint therein was preferred by the .....

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Dec 17 2008 (HC)

Kerala Non-banking Finance Companies Welfare Association Vs. Union of ...

Court : Kerala

Reported in : (2009)227CTR(Ker)97; [2009]20STT1; (2009)24VST185(Ker)

..... , an association of non-banking financial companies, and petitioners 2 and 3 its members, have filed this writ petition challenging the constitutional validity of section 137 of the finance act, 2001 by which service tax is introduced on 'banking and other financial services' which includes 'equipment leasing and hire purchase'. the provisions providing ..... is payable on the value of taxable service pertaining to leasing and hire-purchase transactions, government of india has vide notification no. 4/2006-st, dated 1-3-2006 granted exemption on 90 per cent representing interest income earned by the service provider. therefore, according to respondents, while considering the constitutional ..... (1993)1scc364 and several other decisions and both sides relied on the decision of the supreme court in bharat sanchar nigam ltd v. union of india [2006] 3 stt 245 whereunder the supreme court has considered in detail the scope of levy of sales tax on works contract, catering, telephone services, etc. .....

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Mar 10 2008 (HC)

Commissioner of Income Tax Vs. Kerala State Financial Enterprises Ltd. ...

Court : Kerala

Reported in : (2008)220CTR(Ker)286

..... the order of the tribunal remanding the matter to the ao with an observation that interest on financing only attracts tax under section 2(7) of the act. however, the question whether1 motor vehicle financing of the kind carried on by the respondents which is the issue in this case attracts tax ..... i) interest referred to in sub-section (ib) of section 42 of the reserve bank of india act, 1934 (2) of 1934);(ii) discount on treasury bills.admittedly, the 'finance charges' involved in these cases are from vehicle financing business. along with 'finance charges' recovered in the vehicle financing business, respondents have also claimed exemption ..... under the act or not was not raised or decided by that court. similarly, another decision relied on by the respondent is that of the madras high court in cit v. harita finance ltd. : [2006 .....

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Mar 10 2008 (HC)

Commissioner of Income-tax Vs. Muthoot Leasing and Finance Ltd.

Court : Kerala

Reported in : [2009]181TAXMAN197(Ker)

..... of the tribunal remanding the matter to the assessing officer with an observation that interest on financing only attracts tax under section 2(7) of the act. however, the question whether motor vehicle financing of the kind carried on by the respondents which is the issue in this case attract ..... i) interest referred to in sub-section (ib) of section 42 of the reserve bank of india act, 1934 (2 of 1934);(ii) discount on treasury bills.admittedly the 'finance charges' involved in these cases are from vehicle financing business. along with 'finance charges' recovered in the vehicle financing business, respondents have also claimed exemption ..... tax under the act or not was not raised or decided by that court. similarly another decision relied on by the respondent is that of the madras high court in cit v. harita finance ltd. : [2006 .....

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Feb 28 2014 (HC)

The Thalappalam Service Co-operative Bank Ltd. Vs. Union of India

Court : Kerala

..... poonjar service co-operativebank ltd poonjar, kottayam, represented by its secretary by adv. sri.a.kumar respondent(s): ---------------------------- 1. union of india represented by ministry of finance new delhi110001 wp(c).no. 3532 of 2014 (n) - 2 - 2. commissioner of income tax kottayam686001.3. director of income tax (intelligence) kochi682018 4 ..... are before this court, challenging the correctness and sustainability of ext.p1 series notices issued by the 4th respondent under section 133(6) of the income tax act, 1961. various grounds have been raised with regard to the correctness and sustainability of the said proceedings.2. the ..... copy of the representation addressed to the union finance ministry dated1812/2013 exhibit p5 copy of the petitioner's representation to the union finance ministry dated1812/2013 exhibit p6 copy of the judgment in wpc no.31579/2006 dated2911/2006 exhibit p7 copy of the representation addressed to the finance secretary, government of india dated0402/2014. .....

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Jan 29 2014 (HC)

M/S.Medical Land, Trichur Vs. Commissioner of Income Tax,kochi

Court : Kerala

..... the tribunal took note of the words "or any expense, deduction or allowance claimed under this act which is found to be false" added to the definition of the undisclosed income vide section 158b(b) of the act by the finance act, 2002 with effect from 01/7/1995 which clinched the issue against the assessee. the tribunal ..... the learned counsel for the appellant is tcv engineering ltd. v. assistant commissioner of income tax [(2006) 284 itr470(mad)]. that was a case where the assessee's main business was civil engineering contracts. proceedings were initiated under section 132a. there were certain materials related to the assessee. the assessee admitted i.t.a.no. ..... any expense, deduction or allowance claimed under the act which is found to be false" was inserted by the finance act, 2002 with retrospective effect from 1.7.1995. no doubt, the madras high court has in the decision in tcv engineering ltd. v. assistant commissioner of income tax [(2006) 284 itr470(mad)] has taken the view that .....

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Feb 14 2008 (HC)

Commissioner of Income-tax Vs. Nilgiri Tea Estate Ltd.

Court : Kerala

Reported in : [2009]312ITR161(Ker); [2009]183TAXMAN194(Ker)

..... which is the deemed income assessable under section 115j of the act. it is to be noted that chapter ..... be made in accordance with the provisions of the act and tax, if any, shall be payable at the rates in force prescribed by the relevant finance act for payment of advance tax.8. the question now to be considered is whether current income referred to in section 207 of the act includes 30 per cent. of the book profit ..... income under section 115j of the act.2. we have heard learned standing counsel appearing for the income-tax department and learned counsel for the respondent.3. even though the decision of the karnataka high court relied on by the tribunal stands confirmed by the supreme court in the decision reported in cit v. kwality biscuits ltd. : [2006]284itr434(sc .....

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Sep 01 2006 (HC)

Travancore Cements Ltd. Vs. Assistant Commissioner of Income Tax

Court : Kerala

Reported in : (2008)219CTR(Ker)359; 2006(4)KLT344; [2009]179TAXMAN117(Ker)

..... course of the reassessment proceedings. return filed by the assessee had already become final and that finality could not be disturbed even in a proceeding under section 147 of the act in respect of issues on which there is no material on record suggesting escapement of income. reference may be made to the decision of the ..... court in gursahal saigal v. c.i.t. : [1963]48itr1(bom) , gkn driveshaft's case, supra and also the decision of the gujarat high court in garden finance limited v. asst. commissioner of income tax : [2004]268itr48(guj) . we therefore hold that the writ petition is maintainable.15. in such circumstances, we allow this writ ..... petitioner was therefore directed to ensure compliance with statutory notices under sections 143(2) and 142(1) without fail. aggrieved by the same this writ petition has been preferred.5. assessing authority in the meanwhile passed the assessment order ext.r1(a) dated 2.6.2006, after seeking permission from this court. reason recorded for reopening .....

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