Judgment Search Results Home > Cases Phrase: finance act 2007 section 109 omission of section 127ma Court: karnataka Page 5 of about 856 results (0.702 seconds)

M/S. Lakshminirman Bangalore pvt.ltd Vs. The Deputy Commissioner of In ...

Court : Karnataka

..... respondents (by sri.k v aravind, advocate) these writ petitions are filed under articles226& 227 of constitution of india praying to declare the newly inserted sec.234e of the it act, by the finance act, 2012 as unconstitutionalbeing arbitrary, discriminatory & unreasonable. the relevant extract of section234 is enclosed as annexure-a. 6 w.p.nos.6918-6938/2014: ..... k v aravind, advocate) these writ petitions are filed under articles226& 227 of the constitution of india praying to issue a declaration that sec. 234e of the income tax act, 1961 introduced by finance act no.2/2012 for the various grounds raised in this writ petition as unconstitutional and void. w.p.nos.14296-14297/2014 & ..... dr.prannoy roy commissioner of another (10) 2009 itr vol.309 231 of commissioner another vs pranoy roy and another income-tax and 77 (11) (2007)10 scc342 state of uttar pradesh and others vs deepak fertilizers and petrochemical corporation ltd. (12) ita nos.2564/2005 c/w25652005 commissioner of income tax .....

A.S. Mani Vs. Union of India

Court : Karnataka

Reported in : [2003]131TAXMAN717(Kar)

..... brought into effect from 1-4-1991. the provision to sub-section (1) was deleted. the finance act of 1996 amended the section deduction with foreign deduction remitted into india. dr. krishna, refers to section 80 to contend that notwithstanding the availability of section 80, section 80rra was introduced and on this basis, he wants the court to give a narrow interpretation ..... invites my attention to the history of deductions. he filed a memo explaining the case on hand. section 80rra came into effect on 1-4-1975 in terms of the finance (no. 2) act, 1977. the benefit was extended to the indian employees working abroad. the finance act of 1987 increased the deduction from 50 per cent to 70 per cent of the foreign exchange .....

A.S. Mani Vs. Union of India (Uoi) and ors.

Court : Karnataka

Reported in : (2003)184CTR(Kar)511

..... was made andthe said application was allowed in the light of aditya birla's case. the delhihigh court ruled as under : 'section 80-o as it originally stood, underwent a change by the finance act of 1991 (w.e.f. 1st april, 1992). the provision which applied earlier to an indian company only was extended in ..... . krishna, refers to section 80-o to contend that notwithstanding the availability of section 80-o, section 80rra was introduced and on this basis, he wants the court ..... to the indian employees working abroad. the finance (no. 2) act of 1987 increased the deduction from 50 per cent to 70 per cent of the foreign exchange brought into effect from 1st april, 1991. the provision to sub-section 1 was deleted. the finance act of 1996 amended the section deduction with foreign deduction remitted into india. dr .....

Century Club Vs. Commissioner of Service Tax

Court : Karnataka

Reported in : 2010[17]STR337

..... issued and he has upheld the order of the authority and therefore the contention that the appellant club is excluded under clause a(i) of sub-section (25a) of section 65 of the finance act, is rejected. in our considered view the conclusions and findings and reasons recorded by the assessing authority and the appellate authority are perfectly legal and ..... appellant.2. the correctness of the order of the customs excise & service tax appellate tribunal, south zonal bench, bangalore dated 25-8-2008 passed in appeal no. st/340/2007 [ : 2009 (13) s.t.r. 68 (tri.-bang.)] is questioned in this appeal urging various grounds in support of the questions of law framed and prayed to ..... , registered as well as unregistered to their members to tax under the act are ultra vires of the powers of the state legislature and consequently void and inoperative. with reference to the said decision learned counsel placed strong reliance on the decision of the supreme court in 2007 (7) s.t.r. 25 (s.c.) in the case .....

The Commissioner of Income Tax and Vs. Brindavan Beverages Ltd.

Court : Karnataka

Reported in : (2010)228CTR(Kar)1; [2010]186TAXMAN233(Kar)

..... of capital gains arising out of the slump sale is a possibility only on and after 1-4-2000, whereafter the provisions of section 50b of the act has become operative by finance act of 1999 and the provisions having no application for the assessment year 1999-2000, the tribunal could not have directed the assessing officer ..... does not help the assessce. for the simple reason that the circular had been issued in the context of introduction of the provisions of section 115jb of the act by finance act 2000 [central act no 10 of 2000j with effect from 1-4-2001, that circular cannot have any bearing on the earlier statutory provision in terms of ..... the course of finance acts of the years 1996, 1997, 1998 and 1.999 assumes significance and importance in understanding and interpreting sub-section [4] of section 115ja of the act and for this proposition reliance is placed on the decision of the supreme court in the case of commissioner of income tax v. tara agencies reported in [2007] 292 wr 444 .....

Commissioner of Income-tax, Mysore Vs. Bangalore Woollen, Cotton and S ...

Court : Karnataka

Reported in : [1963]48ITR367(KAR); [1963]48ITR367(Karn)

..... (1) had been made by the income-tax officer when the rebate was claimed. the words occurring in those finance acts were : '.... and no order has been made under sub-section (1) of section 23a of the income-tax act, a rebate shall be allowed, at the rate of one anna per rupee on the amount of such excess.' 26. it is also ..... total income, as reduced in the manner specified, exceeded the amount of the declared dividends and that the provisions of section 23a of the income-tax act could not have been made applicable to it. these are the requirements of the finance act, 1955. 6. the assessee company during the relevant period did not distribute its entire total income as dividends. its ..... in that part of clause (1) of the proviso to item b of part 1 of schedule 1 to the finance act, 1955, which reads : '.... and the company is a company to which the provisions of section 23a of the income-tax act cannot be made applicable...' 17. it is clear from this part of the proviso that no company to which .....

Commissioner of Wealth Tax Vs. Prakashi Talkies Pvt. Ltd.

Court : Karnataka

Reported in : (1993)110CTR(Kar)87; [1993]202ITR121(KAR); [1993]202ITR121(Karn)

..... ) to clause (vii).' subsequently, in the year 1988 under s. 87 of the finance act, 1988, the above provision was amended. section 87 of the finance act, 1988, so far as it is relevant reads thus : '87. amendment of act 11 of 1983 - in s. 40 of the finance act, 1983 - (i) in sub-s. (1), before the explanation, the following proviso ..... shall be inserted, namely : 'provided that the amount of wealth-tax computed in accordance with the provisions of this sub-section shall, in relation to the assessment year commencing ..... the wealth-tax. in other words a cinema house is specifically excluded from being a constituent of the wealth by virtue of the amendment introduced under the finance act, 1988. 6. according to the assessee this amendment was by way of substituting a new provision which itself is indicative of the provision being curative or .....

M/S. Bharti Airtel Ltd., Rep by Its Head-legal and Regulatory, S. Naga ...

Court : Karnataka

..... ) defines telecommunication services as under:- section 65 (109a)- telecommunication service means service of any description provided by means ..... under the finance act passed annually more and more services were brought within the tax net. thus, in all, as of today 120 services are brought within the tax net. by the finance act 2007 which came into force from 01.06.2007, telecommunication services was specifically inserted in the finance act, 1994. 45. section 65 (109a ..... of india in the case of tcs reported in 2004 (178) elt 22 sc to determine as to what are goods. in the finance act 1994, section 65(109a) under definition of telecommunication service, transmission of voice or data is included specifically. while defining telecommunication service, the reference to signs .....

K. Vs. Abdulla V. Income Tax Officer and anr.

Court : Karnataka

Reported in : (1986)56CTR(Kar)41

..... that there was no violation of art. 14 of the constitution.5. the parliament enacted the finance act in the year 1976 to give effect to the financial proposals of the central government for the financial year 1976-77. sec. 2 of the finance art which is relevant for our purpose reads thus :'2(1) subject to the provisions of ..... of an assessee and agricultural income not being income forming part of the total income on which no tax is payable under chapter vii, the provisions of the finance act which provides for aggregating the agricultural income with the net income of the assessee for purposes levying tax is without competence.10. a state legislature has the ..... income can only be taxed under entry 46 in list ii of the seventh schedule, by a state parliament had no competence to enact a provision in the finance act and thus levy tax on agricultural income of an assessee.(ii) the impugned provision subjects the petitioner and other similarly placed to hostile discrimination and the same offends .....

Controller of Estate Duty, Bangalore Vs. John D'souza

Court : Karnataka

Reported in : ILR1974KAR299; [1974]95ITR460(KAR); [1974]95ITR460(Karn)

..... liable to estate duty. by abolishing the former provisions, it first brings all property within the prima facie charge of estate duty; but the sub-section (as amended by the finance act, 1962, section 28(1) then goes on to provide that property passing on the death which is situate out of great britain if it is shown - (i ..... parliament has throughout observed the above principles of international law while enacting section 24 if the 1936 finance act and section 28(2) of the 1949 finance act. clause 19 of the 1949 and 1948 bills referred to above was on the pattern of section 24 of the 1936 u. k. finance act. section 21(1)(i) as enacted is violative of the principles of ..... in which it is situate, immovable property.' 9. so far as the law in the united kingdom is concerned, it is clear from the provisions of section 28(2) of the finance act, 1949, that to include the value of any movable property passing on the death situated outside great britain, the 'proper law' regulating the devolution of .....