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Judgment Search Results Home > Cases Phrase: finance act 2007 section 52 amendment of section 193 Page 86 of about 42,131 results (0.418 seconds)

Jan 09 2018 (HC)

Pr. Commissioner of Income Tax-2 vs.british Motor Car Co.(1934) Ltd

Court : Delhi

..... after considering and noticing these relevant facts, observed as follows:-" 34. we may now examine the provisions of section 32(2) of the act before its amendment by the finance act, 2001. the section, prior to its amendment by the finance act, 2001, read as under: where in the assessment of the assessee full effect cannot be given to any allowance ..... been to allow the unabsorbed depreciation allowance worked out in the assessment year 1997 98 only for eight subsequent assessment years even after the amendment of section 32(2) by the finance act, 2001, it would have incorporated a provision to that effect. however, it does not contain any such provision. hence, keeping in view the ..... 2001 02 got carried forward to the assessment year 2002 03 and became part thereof, it came to be governed by the provisions of section 32(2) as amended by the finance act, 2001, and were available for carry forward and set off against the profits and gains of subsequent years, without any limit whatsoever. 9 .....

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Feb 12 2021 (SC)

The International Association For Protection Of Intellectual Property ...

Court : Supreme Court of India

..... 2020) scc online sc962 2 incumbent chairperson of the board stating that his appointment was made under section 89a of the trademarks act, 1999 ( tm act hereafter). the applicant urges that section 184 of the finance act, 2017, prescribes the term of office and the conditions of service of chairperson and members of various ..... were abolished and their respective jurisdictions and powers were incorporated into seven existing tribunals, reducing the number of tribunals from 26 to19. thirdly, under section 184 of the finance act, the central government was authorized to frame delegated legislation (rules) spelling out the eligibility criteria, selection process, removal, salaries and allowances, ..... conditions hitherto applicable would no longer be so and that in matters of conditions of service and tenure of appointment, the provisions of section 184 of the finance act would apply. it is contended by senior counsel that the rules were originally framed with effect from 01.06.2017, under which .....

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May 19 2022 (SC)

Union Of India Vs. M/s Mohit Minerals Pvt. Ltd.

Court : Supreme Court of India

..... and orders were challenged on the ground that the authorities did not have the jurisdiction to issue them since the amendments introduced to section 25(1) of the kvat act through the kerala finance acts 2017 and 2018 did not operate retrospectively. the kerala high court had to decide whether the kerala state legislature had the legislative competence ..... be subject to igst under section 5 of the igst act, on the 46 part b value as determined by section 3(8) and section 3(8)(a). under section 3(8), the value includes value of freight; and (b) rule 10 of the customs valuation (determination of value of imported goods) rules 2007 includes cost of transportation and ..... insurance in the value of goods, which forms the basis of the levy of igst under the proviso to section 5 of the igst act. the impugned levy of igst on ocean freight would thus amount to double taxation .....

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Jan 02 2023 (SC)

Vivek Narayan Sharma Vs. Union Of India

Court : Supreme Court of India

..... general policy of the legislature ...192. recently, the constitution bench of this court in the case of rojer mathew (supra) considered the question, as to whether section 184 of the finance act, 2017, which does not prescribe qualifications, appointment, term and conditions of service, salary and allowances, etc. suffers from the vice of excessive delegation. rejecting the ..... in crypto assets. it is submitted that, though this court held that, in view of the provisions contained in the rbi act, the banking regulation act, 1949 and the payment and settlement systems act, 2007, and also in view of the special place and role that the rbi has in the economy of the country, 50 the ..... v. nusli neville wadia [(2008) 3 scc279: (2007) 13 scr598) thus, in the context of a statute, the word any may be read as all in the context of the income tax act for which the power of transfer has been conferred upon the authorities specified under section 127. [emphasis supplied].123. the court again reiterated .....

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Feb 18 2015 (SC)

Gvk Inds. Ltd and Anr Vs. The Income Tax officer and Anr

Court : Supreme Court of India

..... income of the recipient chargeable under the head "salaries".].21. explanation to the section 9(2) was substituted by the finance act 2010 with retrospective effect from 1.6.1976. prior to the said substitution, another explanation had been inserted by the finance act, 2007 with retrospective effect from 1.6.1976. the said explanations read as under ..... or business connection in india; or (ii) the non-resident has rendered services in india.]. as amended by finance act, 2007 explanation.-for the removal of doubts, it is hereby declared that for the purposes of this section, where income is deemed to accrue or arise in india under clauses (v), (vi) and (vii) ..... : "as amended by finance act, 2010 explanation.- for the removal of doubts, it is hereby declared that for the purposes of this section, income of a non-resident shall be deemed to .....

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Aug 14 1996 (TRI)

In Re: Advance Ruling P. No. 10 of

Court : Authority for Advance Rulings

Reported in : (1997)224ITR473AAR

..... in the same status as the beneficiary, will be assessable as a "foreign company" attracting the provisions of section 112(c) or section 115a read with section 2(3) of the relevant finance act (set out later). section 112 and section 115a will then apply as if the investor company were the direct recipient of the cg from the investee and ..... effective curb on the proliferation of such trusts, and to reduce the scope for tax avoidance through such means, the finance act, 1970, has replaced section 164 of the income-tax act by a new section. under section 164 as so replaced, a 'representative assessee', who receives income for the benefit of more than one person whose shares ..... 1970 (see [1971] 79 itr (st.) 33)) as under (at page 46) : " private discretionary trusts.--under the provisions of section 164 of the income-tax act before the amendment made by the finance act, 1970, income of a trust in which the shares of the beneficiaries are indeterminate or unknown, is chargeable to tax as a single .....

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May 31 2002 (TRI)

infotech Enterprises Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2003)85ITD325(Hyd.)

..... thing. this provision was introduced by the finance act, 1988. 3. finance act, 1993 extended the tax holiday under section 10a to industrial units in approved electronic hardware technology parks (ehtps) or software technology parks (stps). this provision is applicable to ..... or produce any article or thing and are set up in notified free trade zones (ftzs). this provision was introduced by the finance act, 1981. 2. similarly, section 10b of the it act allows a five-year tax holiday to approved 100 per cent export oriented undertakings (eous), which manufacture or produce any article or ..... the assessee that an stp unit being 100 per cent eou is eligible for exemption under section 10b of the act is accepted, the amendment brought about by the finance act, 1993 extending the benefit under section 10a of the act to the stps from 1st april, 1994, becomes redundant or superfluous. if a stp unit .....

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Nov 24 2005 (TRI)

Kiran Corpn. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2006)98ITD119(Ahd.)

..... by way of cash compensatory support became taxable retrospectively w.e.f. 1-4-1967, but that was by amendment of section 28 by the finance act of 1990 which amendment could not have been known before the finance act came into force. levy of additional tax bears all the characteristics of penalty. additional tax was levied as the assessee did ..... mentioned therein is chargeable to income-tax under the head 'profit and gains of business or profession'. clause (iii)(b) in section 28 was inserted by the finance act of 1990. finance bill which ultimately became the finance act received assent of the president of india on 31-5-1990. clause (iii)(b) was given retrospective operation w.e.f.1-4-1967 ..... of bad debts of rs. 1,30,815. insofar as this ground is concerned, we have already held that in view of explanation inserted below section 36(1)(vii) by the finance act, 2001 with effect from 1-4-1981, the claim of bad debt can be allowed only if the debt is written off by passing entries in .....

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Feb 23 1995 (HC)

Eureka Forbes Ltd. Vs. State of Bihar and ors.

Court : Patna

..... and thereby the impugned orders on different grounds, as enumerated below : (i) audit report cannot constitute an information, as enumerated under section 19(1) of the bihar finance act, 1981 and on that basis, no proceeding for reassessment can be initiated ;(ii) there is no new material on the record to make ..... while rejecting the reply of the petitioner reassessed the petitioner for the aforesaid periods. the petitioner thereafter filed petition for revision under section 46(4) of the bihar finance act, 1981, which has also been rejected by the respondent-commissioner of commercial taxes, patna vide orders as contained in annexure 3 ..... doing business of selling vacuum cleaner. petitioner has challenged notices issued by the respondent-deputy commissioner of commercial taxes, jamshedpur, under section 19(1) read with section 17(2) of the bihar finance act, 1981 (annexure 1 series in respective writ petitions) ; orders of reassessment (annexure 2 series of respective writ petitions) and .....

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Sep 26 1987 (HC)

Commissioner of Income-tax Vs. Harlal Mannulal

Court : Madhya Pradesh

Reported in : [1989]178ITR284(MP)

..... supreme court in the case of cit v. mussadilal ram bharose : [1987]165itr14(sc) . the supreme court has pointed out that the explanation added to section 271(1) by the finance act, 1964, permits a presumption to be raised, but the said presumption was a rebuttable one. in the instant case, in view of the facts already indicated ..... points, karnail singh's case does not lay down the law correctly.'8. a similar view in regard to the effect and import of the explanation added in section 271(1) by the finance act, 1964, has been taken: by a division bench of the allahabad high court in the case of addl. cit v. mangalsen mohanlal : [1982]136itr905(all ..... upholding the levy of penalty by the appellate assistant commissioner. it is thus clear that even in this case, reliance was not placed on the explanation added in section 271 by the finance act, 1964. it is, therefore, apparent that virtually, the tribunal, in its appellate order, placed reliance on the decision of the supreme court in cit v. .....

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