Judgment Search Results Home > Cases Phrase: finance act 2008 section 2 income tax Page 1 of about 340,871 results (1.587 seconds)

Indian National Shipowners' Association, a Company having Its register ...

Court : Mumbai

Reported in : 2009(5)BomCR369; 2009(111)BomLR1529; (2009)224CTR(Bom)197; [2009]17STJ255; 2009[14]STR289; [2009]19STT408; (2009)22VST293(Bom)

..... moot question is what kind of services are covered by this entry. as noticed by us hereinabove entry (zzzzj) was inserted into section 65(105) of the finance act, 1994 by the finance act 2008 with effect from 16/5/08. services rendered by the 1st petitioner's members have been specifically brought to levy of service tax only ..... logistic services rendered to it by the members of the 1st petitioner.18. in the meantime by the finance act 2008 entry (zzzzj) which we have quoted hereinabove was inserted into subsection (105) of section 65 of the finance act, 1994 to be effective from 16/5/08 to tax service in relation to supply of tangible goods including ..... the loading, unloading and similar activities are done using mechanical systems.10. entry (zzzzj) was inserted into section 65(105) of the finance act, 1994 by the finance act 2008 with effect from 16/5/08. the said entry reads as under:section 65(105)(zzzzj) to any person, by any other person in relation to supply of tangible goods including .....

Vodafone International Holdings B.V., a Company Incorporated Under the ...

Court : Mumbai

Reported in : 2009(4)BomCR258; (2008)220CTR(Bom)649; [2009]311ITR46(Bom)

..... a person who has failed to deduct tax at source as required in terms of a section other than section 194 of the act could not be proceeded against under section 201 of the act. it was by the finance act, 2008 that section 201 of the act has been substantively amended, and the interpretation to the contrary that has been urged by ..... the respondents would be violative of article 14 and the petitioner is also challenging the validity of the retrospective amendments inserted by the finance act, 2008 in sections 191 and 201 of the act, the writ petition is clearly maintainable as it would not be open to the petitioner to challenge the vires of the aforesaid ..... in their operation;iv) the petitioner would be an assessee in default even in accordance with the language of section 201 prior to the amendments made by the finance act, 2008; andv) the amendments made by the finance act, 2008 are not violative of article 14 of the constitution. rejoinder to submission (i) of the respondents 108. it .....

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

Court : Delhi

..... a 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 an activity ..... ahmed, j.1. by way of this writ petition (as amended), the petitioner seeks the quashing of the first proviso to section 2(15) of the income-tax act, 1961 (hereinafter referred to as the said act ) as amended by the finance act, 2008, on the ground that it is arbitrary and unreasonable and has no rational nexus with the object sought to be achieved and .....

M/S.Srei Infrastructure Finance Ltd. Vs. Dy.Commissioner of Income Tax ...

Court : Kolkata

..... in addition to the income tax calculated at the rate provided in section 115jb. we are supported in our view by sub-section 1, the second proviso to sub-section 3; sub-section 11 and sub-section 12 of section 2 of the finance act, 2008, which provides as follows: (1) subject to the provisions of sub-section (2) and (3).for the assessment year commencing on the 1st day ..... by an additional surcharge, for purposes of the union, to be called the education cess on income tax, .. (d) sub-section 12 of section 2 of the finance act, 2008 provides, inter alia as follows: the amount of income tax as specified in sub-sections (1) to (10) and as increased by a surcharge, for purposes of the union, calculated in the manner provided therein, shall .....

Commissioner of Income Tax, Vs. I. T. C. Ltd

Court : Kolkata

..... . 4) whether the learned tribunal below committed substantial error of law in holding that the amendment brought by the finance act, 2008 in the form of explanation 3 to section 2(1a) with effect from 1st april, 2009 is retrospective in nature. let notice of this appeal be served by the department on the respondent in usual course. let requisite ..... of their irrecoverability by the assessee 2) whether the learned tribunal below committed substantial error of law in holding that the assessee was entitled to deduction under section 80 1a of the income-tax act 1961 on 100% of the profit of the power undertaking at bhadrachalam where the said undertaking commenced operation in the financial year 1997-98. 3) whether the .....

High Court Bar Association Allahabad Vs. The State Of Uttar Pradesh

Court : Supreme Court of India

..... 22 of the said decision read thus: 20. judged by both these parameters, there can be no doubt that the third proviso to section 254(2-a) of the income tax act, introduced by the finance act, 2008, would be both arbitrary and discriminatory and, therefore, liable to be struck down as offending article 14 of the constitution of india. ..... income tax appellate tribunal, 2007 scc online bom 671 : (2007) 295 itr22 , the second proviso was introduced by the finance act, 2007 to mitigate the rigour of the first proviso to section 254(2-a) of the income tax act in its previous avatar. ordinarily, the appellate tribunal, where possible, is to hear and decide appeals within a period of four ..... time.18. the legislature attempted to provide for an automatic vacation of stay granted by the income tax appellate tribunal by introducing the third proviso to section 254 (2a) of the it act. it provided that if an appeal in which the stay was granted was not heard within a period of 365 days, it would amount to .....

Godrej and Boyce Mfg.Co.Ltd. Mumbai. Vs. Commissioner of Income Tax,

Court : Mumbai

..... income was a loss. this question had to be considered in the background of the amendment made by the finance act of 2002 with effect from 1 april 2003 in explanation 4 to section 271(1)(c) (iii). in 39 (2008) 298 itr 19440 304 itr 308 (sc)its earlier decision in the case of virtual soft systems ltd. v ..... to prejudicially affect the interest of the assessee. sub sections (2) and (3) were inserted into section 14a by the finance act of 2006 with effect from 1 april 2007. rule 8d was inserted by the income tax act (fifth amendment) rules 2008 which were published in the gazette on 24 march 2008. the rules specifically provide that they shall come into ..... 1 april 1962; (ii) sub sections (2) and (3) were inserted in section 14a by the finance act of 2006 with effect from 1 april 2007; (iii) the proviso was inserted by the finance act of 2002 with retrospective effect from 11 may 2001; (iv) rule 8d was inserted by the income tax (fifth amendment) rules, 2008 by publication in the gazette dated .....

Maxopp Investment Ltd and ors. Vs. Commissioner of Income Tax and ors.

Court : Delhi

..... provisions of rule 8d of the said rules has prospective effect and shall apply with effect from assessment year 2008-09 onwards.36. insofar as sub-sections (2) and (3) of section 14a are concerned, they have also been introduced by virtue of the finance act, 2006 with effect from 01.04.2007.this is apparent, first of all, from the notes on clauses of ..... of the total income?2. whether the provisions of sub-section (2) and sub-section (3) of section 14a inserted by the finance act, 2006 with effect from 01/04/2007, would apply retrospectively to all pending proceedings?3. whether rule 8d inserted by the income -tax (fifth amendment) rules, 2008 with effect from 24/03/2008 was procedural in nature and hence would apply retrospectively to .....

The Commissioner of Income-tax Vs. A.K. Khosla

Court : Chennai

..... . the supreme court, in the case of commissioner of income tax v. infosys technologies ltd. reported in : (2008) 297 itr 167, has considered the scope of amended provision of section 17(2)(iiia) which was inserted by the finance act 1999 with effect from april 1, 2000. the issue in that judgment is whether the said provision comes into effect ..... 20(1) of the constitution of india. in paragraphs 53 to 56 it has been held as follows:it may be noted that the amendment made to section 271 by the finance act, 2002, only stated that the amended provision would come into force with effect from april 1, 2003. the statute nowhere stated that the said amendment was ..... the purpose of income tax for the year 2001-2002 and question is answered accordingly.further, this court also considered the new provision of section 17(3)(ii), which was inserted by the finance act, 2002 and held that the amendment is only prospective in nature and not retrospective and in paragraph 22, it has been held as follows .....

All India Union Bank Officers and Others Vs. Union of India, rep. by i ...

Court : Chennai

..... and null and void (wp.no.10053 of 2008) (vi) writ of declaration declaring that the amendment to section 17(2) of the income tax act, 1961 as amended by finance act 2007 and also circular dated 6.9.2007 issued by the 4th respondent bank are unconstitutional, ultra ..... by the 4th respondent bank are unconstitutional, ultra vires and null and void (wp.no.10052 of 2008) (v) writ of declaration declaring that the amendment to section 17(2) of the income tax act, 1961 as amended by finance act 2007 and also circular dated 16.7.2007 issued by the 4th respondent bank are unconstitutional, ultra vires ..... respondent bank are unconstitutional, ultra vires and null and void (wp.no.10050 of 2008) (iii) writ of declaration declaring that the amendment to section 17(2) of the income tax act, 1961 as amended by finance act 2007 and also circular dated 2.1.2008 issued by the 4th respondent bank are unconstitutional, ultra vires and null and void .....