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m/s.karnataka Power Transmission Vs. The Deputy Commissioner Of

Court : Karnataka

..... the tax deducted to the credit of the central government or as the board directs. as could be seen from these provisions, prior to passing of the finance act, 2008, the provisions of section 200 mandated that the amount of tax deducted should be paid to the credit of the central government. it does not speak about the person who has not ..... year 2005-06 date of order 27.03.2008 2006-07 27.03.2008 2007-08 18.02.2008 thus, it is clear the tds officer has passed the order based on non existent law during the interregnum period between the period of finance bill becoming the finance act by the assent of the president.25. we have also noticed the circular ..... the provision would never be paid in view of the understanding between the appellant and its suppliers, corresponding reversal entries were made in the books of accounts during march 2007. it is noticed that though the amount made in the provision is treated as expenditure in the profit and loss account, was added back to arrive at the taxable .....

India Trade Promotion Organization Vs. Director General of Income Tax ...

Court : Delhi

..... mask or device to hide the true purpose, which was 'trade, commerce or business'."from this, it is evident that the introduction of the proviso to section 2(15) by virtue of the finance act, 2008 was directed to prevent the unholy practice of pure trade, commerce and business entities from masking their activities and portraying them in the garb of ..... the supreme court in the case of arun kumar and others v. union of india and others:2007. (1) scc732in the context of the doctrine of reading down in order to sustain the validity of the proviso to section 2(15) of the said act. in arun kumar (supra), the court held as under: 55. the doctrine of reading down ..... . on 01.05.2008, by a notification no.dgit(e)/10(23c)(iv)/2008/143, approval had been granted under section 10(23c)(iv) of the said act to the petitioner for the assessment year 2007-08 onwards. during the assessment proceedings for the assessment year 2009-10, a proposal for withdrawal of the exemption was received from the assessing .....

Mahendra Kumar Tiwari and ors. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2008(3)JCR87(Jhr)]

..... february, 2008 and the administrative post creation committee of the finance department, government of jharkhand has recommended the proposal of the department of home for creation of prosecution directors under section 25(a) of the code of criminal procedure (amendment) act. 2005 as also for creation of different categories of posts ..... challenging the said notification dated 22.6.2007, the writ petitions were filed by the petitioners-appellants.(v) learned single judge, quoting the amendment in section 24 through sub-section (6) held that public prosecutors cannot be appointed directly and the said posts have ..... the meantime, without taking final decision on the recommendations, the government came out with the notification contained in notification no. 2389 dated 22.6.2007 whereby the private respondents, who were working as assistant public prosecutors, were asked to function as public prosecutors at their respective district courts.(iv) .....

Gobind Builders and Developers Vs. Income Tax Settlement Commission an ...

Court : Mumbai

Reported in : (2008)216CTR(Bom)75; [2009]309ITR167(Bom)

..... to be the date of the order of rejection or allowing the application to be proceeded with under sub-section (1).this sub-section along with some other sub-sections to section 245d, were introduced by finance act, 2007 w.e.f. 1st june, 2007. the judgment of the division bench of the karnataka high court is dt. 8th nov., 2006 i. ..... that the petitioner's chartered accountants, m/s khandelwal jain & associates, wrote a letter to the respondent no. 1, dt. 11th july, 2007 bringing to its notice that in view of the amendment made by finance act, 2007 to section 245d(2d) there was an obligation to pay the additional tax and the interest on or before 31st july ..... under:(2a) where an application was made under section 245c before the 1st day of june, 2007, but an order under the provisions of sub-section (1) of this section, as they stood immediately before their amendment by the finance act, 2007, has not been made before the 1st day of june, 2007, such application shall be deemed to have been allowed .....

The Bank Of Rajasthan Ltd. Vs. Commissioner Of Income Tax

Court : Supreme Court of India

..... till the date on which interest is first due after the date of purchase.5. under the income tax act, 1961 (for short, the it act ), section 18, which was repealed by the finance act, 1988, dealt with tax leviable on the interest on securities. section 19 provided for the deduction of (i) expenses in realising the interest and (ii) the interest payable on ..... securities is uniformly assessed under the head profits and gains from business or profession , the decision of this court in the case of citi bank na3 will squarely 6 (2007) 289 itr6: (2007) 15 scc6117 (1960) 39 itr114:1960. scc online sc193civil appeal no.3291 3294 of 2009, etc. page 8 of 45 apply. it was submitted that in ..... the broken period interest paid to the seller as a cost but treated it as an item of expenditure under the profit and loss account. in 2007, the cbdt issued circular no.4 of 2007, observing that a taxpayer can have two portfolios. the first can be an investment portfolio civil appeal no.3291 3294 of 2009, etc. page .....

Renjit K.g.. Vs. Sheeba

Court : Supreme Court of India

..... undisputedly had notice of the pending 8 litigation. at the outset, it appears pertinent to reiterate the settled position that the doctrine of lis pendens as provided under section 52 of the act does not render all transfers pendente lite to be void ab initio, it merely renders rights arising from such transfers as subservient to the rights of the parties ..... a decree holder qua a third party to the suit and the right of a third party after being dispossessed has been laid down by this court in sriram housing finance & investment (india) ltd. v. omesh mishra memorial charitable trust, (2022) 15 scc176:2022. scc online sc794 wherein it was held as follows: 24. on conjoint reading of the ..... raghuthaman filed execution first appeals viz., efa nos.6 of 1998 and 7 of 1998, which came to be dismissed by the high court, by judgment dated 30.05.2007. seeking to review the said judgment, the respondents herein, who are the legal representatives of the said raghuthaman, filed r.p.nos.1107 and 934 of .....

M/s Shriram Investments Vs. The Commissioner Of Income Tax Iii Chennai

Court : Supreme Court of India

..... claim after the revised return was barred by time. this court considered the appellate power of the appellate tribunal under section 254 of the it act. paragraphs 10 and 11 of the said decision in the case of wipro finance ltd1 read thus:- 10. the learned asg appearing for the department had faintly argued that since the appellant in ..... return of income are mandatory in nature.8. coming to the decision of the tribunal, we find that the tribunal has not exercised its power under section 254 of the it act to consider the claim. instead, the tribunal directed the assessing officer to consider the appellant's claim. the assessing officer had no jurisdiction to consider the ..... by the officials of the appellant. yet, the itat entertained the claim as permissible, even though for the first time before the itat, in appeal under section 254 of the 1961 act, by relying on the dictum of this court in national thermal power co. ltd. further, the itat has also expressly recorded the no objection given .....

Union Of India Vs. Rajeev Bansal

Court : Supreme Court of India

..... period, then the time limit for completion or compliance of such action was extended to 30 june 2021. iii. finance act 2021 10. the finance act 2021 substituted the entire scheme of reassessment under sections 147 to 151 of the income tax act with effect from 1 april 2021. page 41 of 112 part a substantial changes were brought about by the new ..... writ petitions and quashed all the reassessment notices issued between 1 april 2021 and 30 june 2021 under the old regime on the ground that: (i) sections 147 to 151 stood substituted by finance act 2021 from 1 april 2021;26 (ii) in the absence of any saving clause, the revenue could initiate reassessment proceedings after 1 april 2021 only in ..... co. ltd., 1960 scc online sc105[7].; state of w b v. kesoram industries ltd., (2004) 10 scc201[106]. 81 mahim patram (p) ltd. v. union of india, (2007) 3 scc668[25]. 82 (1975) 2 scc736[29]. page 64 of 112 part d not admissible in the interpretation of a charging or taxing provision of a taxing statute.37 .....

Chief Commissioner Of Central Goods And Service Tax Vs. M/s Safari Ret ...

Court : Supreme Court of India

..... object is that a registered person does not take advantage of both depreciation and itc.29. now we come to sub-section (4) of section 16. before the amendment made by the finance act, 2022, the sub-section read thus: 16. .. .. .. .. .. .. .. .. .. (4) a registered person shall not be entitled to take input tax credit in respect ..... which have been uploaded by the supplier under sub-section (1) of section 37 till the due date for furnishing the details under sub-section (1) of said section for the month of march, 2019. the finance act, 2022, substituted the words due date of furnishing return under section 39 for the month of september with thirtieth day of ..... are based upon the interpretation of the phrase machinery or plant under section 41 of the finance act, 1971 which was applicable and there appears no such distinction for grant of allowance on different heads as provided under section 32 of the income tax act. (7) to differentiate a building for grant of additional depreciation by .....

Khalsa University Vs. The State Of Punjab

Court : Supreme Court of India

..... . .. for the above reasons, we accept the contentions of the learned counsel for the appellant, and hold that section 5 of the second amendment act (act 11 of 1966), introducing section 13-a in the act, is discriminatory and violative of article 14 of the constitution and, as such, has to be struck down as unconstitutional ..... laws, life sciences and other courses under the general heads of the arts and humanities, social sciences etc.2. as the establishment of such private self financed universities requires a broadly uniform set of 11 guidelines for ensuring academic standards, prevention of commercialization and mismanagement etc., it deemed, therefore, expedient to provide for ..... charitable society, amritsar,2 (appellant no.2 herein), which was in existence since 1892, submitted a proposal to the state government for setting up a self-financing university in the state of punjab on the basis of the 2010 policy. 3.3. on 5th march 2011, the higher education department, government of punjab .....