Judgment Search Results Home > Cases Phrase: finance act 2007 section 132 amendment of section 37 Court: karnataka Page 4 of about 4,506 results (0.144 seconds)

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

Court : Karnataka

Reported in : [1986]161ITR589(KAR); [1986]161ITR589(Karn)

..... 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. section 2 of the finance art which is relevant for our purpose reads thus : '2(1) subject to the provisions ..... 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 .....

Commissioner of C. Ex. Vs. Vishwanatha Karkera

Court : Karnataka

Reported in : 2009[14]STR9; [2009]21STT213

..... error in reducing the penalty from rs. 31,710/- to rs. 5,000/-.4. in this background, we have examined the provision of section 76 of the finance act, 1994.5. as per section 76(1)(b)(ii) of the finance act, 1994, the concerned officer is entitled to levy penalty a sum which is not less than rs. 100/- per day of failure but ..... 11-2005.2. we have heard the learned counsel appearing for both the parties.3. according to the learned counsel for the appellant there is no provision under the finance act, 1994 enabling the commissioner to reduce the penalty levied by the original authority. he further contended that when there is no provision under the ..... 21-1-2004 wherein, the appeal filed by the respondent viswanath karkera was allowed in part by reducing the penalty from rs. 31,710/- to rs. 5,000/- under section 76 of the act. against the same, the appellant herein had filed an appeal before the customs, excise & service tax appellate tribunal (hereinafter referred to as 'tribunal' for short). the .....

Confederation of Real Estate Developers' Association of India (Karnata ...

Court : Karnataka

..... challenging the constitutional validity of the explanations to clauses (zzq) and (zzzh) and clause (zzzzu) of sub-section 105 of section 65 of the finance act, 1994 ('the act' for short). the aforesaid provisions were inserted by the finance act, 2010 with effect from 1st july 2010. it is stated that petitioner no.1 is an association of persons ..... and 227 of the constitution of india praying to declare that the provisions of finance act, 1994 as amended by finance act, 2010 introducing an explanation to section 65(105) (zzq) and 65(105) (zzzh) and a new entry(zzzzu) in section 65 (105) of the finance act 1994 is unconstitutional void and ultra vires and etc.) (oral): in these ..... of construction is exempted from service tax vide notification dated 22.06.2010, issued by the central government in exercise of the power under section 93(1) of the finance act, 1994. be that as it may. as all the contentions fail, the writ petitions are liable to be dismissed and are accordingly dismissed. .....

Mysore Kirloskar Ltd. and ors. Vs. Union of India and ors.

Court : Karnataka

Reported in : (1986)53CTR(Kar)128; [1986]160ITR50(KAR); [1986]160ITR50(Karn)

..... contributions bona fide to those provident funds other than those recognised by clauses (iv) and (v) of sub-section (1) of section 36 of the act or funds recognised by other laws. section 43b of the act inserted by the finance act of 1984 with effect from april 1, 1984, read thus : '43b. certain deductions to be only on actual ..... banking company', 'deposit' and 'financial company' are elaborately defined in the explanation appended to the section. section 40a(9) and (10) of the act were introduced by the finance act of 1984 giving them retrospective effect from april 1, 1980. section 10 of the finance act of 1984 read thus (see [1984] 147 itr 42). '(9) no deduction shall be allowed ..... the head 'profits and gains of business or profession'. the disallowance over the limit of one lakh is uniform. section 40a(8) of the act enacted by the finance act of 1975 which also stands omitted by the finance act of 1985 from april 1, 1986, reads thus : '40a(8). where the assessee, being a company (other .....

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 .....