Judgment Search Results Home > Cases Phrase: finance act 2008 section 2 income tax Court: allahabad Page 1 of about 19,374 results (0.261 seconds)

Adobe Systems India (P.) Ltd. Vs. Joint Commissioner of Income-tax

Court : Allahabad

..... (2a), the delhi high court held as follows (page 230) : "(i) in view of the third proviso to section 254(2a) of the act substituted by the finance act, 2008, with effect from october 1, 2008, the tribunal cannot extend stay beyond the period of 365 days from the date of first order of stay. (ii) in case default and delay is due to lapse on ..... hearing and was eventually heard on march 28, 2014. 2. these proceedings have been instituted for an extension of the period of stay since, in view of section 254(2a) of the income-tax act, 1961, the tribunal would not have the power to extend the stay in view of the judgment of the delhi high court in cit v. maruti suzuki ..... 1. an order of assessment was passed against the petitioner under section 143(3) and section 144c of the income-tax act, 1961, making a total addition of rs. 25.89 crores. the petitioner went in appeal before the income-tax appellate tribunal. the tribunal, by an interim order dated january 8, .....

Commissioner of Income-tax-II, Agra Vs. Shyam Biri Works

Court : Allahabad

..... the court. 11. previously, only instructions were issued by cbdt under section 119 of the act and, in order to give it a legislative measure, a new section 268a was inserted by the finance act, 2008 with retrospective effect from 1st april, 1999 in the income tax act, 1961. for ready reference, the said provision is extracted hereunder:--- " ..... was a beneficial piece of legislation and would be applicable retrospectively. it was also urged that the right of appeal under section 260a of the act, is now regulated by section 268a of the act. in support of their submissions, the learned counsels for the parties have placed reliance on various decisions which would be referred ..... and pending after may 15, 2008." 33. in the light of the contentions raised by the parties and various provisions indicated above, we find that the instructions issued by cbdt is not merely an administrative instruction but is an extension of the statute being issued under section 268a of the act. 34. a division bench .....

Oxford Academy for Career Development Vs. Chief Commissioner of Income ...

Court : Allahabad

Reported in : (2009)226CTR(All)606

..... general public utility not involving the carrying on of any activity for profit.' thus, the scope of the definition was changed for the it act, 1961, specially after an amendment in section 2(15) by the finance act, 1983, w.e.f. 1st april, 1984.22. in the instant case, the assessee is preparing students by providing coaching/guidelines ..... as per the law laid down in the case of aditanar educational institution v. asstt. director of it (exemptions) : (2008) 297 itr 376 (mad). regarding the applicability of the amendment in section 12aa(3) of the act, which came into existence on 1st oct., 2004, the learned counsel for the opposite parties stated that it is just ..... /surplus did not disqualify the institution.24. by taking the liberal approach, the jharkhand high court in the case of cit v. karimia trust : (2008) 218 ctr (jharkhand) 670 : (2008) 302 itr 57 (jharkhand) has observed that breach of the conditions of the trust deed even if committed by the assessee would not disentitle the assessee .....

A. H. Wheeler and Co. Private Ltd. Vs. Income-tax Officer, Allahabad.

Court : Allahabad

Reported in : [1964]51ITR92(All)

..... petition the vires of the provisions of schedule i, part ii, paragraph d of the finance acts of 1958-59 have not even been challenged. the challenge has been confined, and properly so, to the question whether the provisions of section 35 of the act could be said to be attracted in the facts and circumstances of this case. in ..... of the matter and the relevant provisions of the finance acts of 1958-59 being mandatory, the income-tax officer, under the provisions of section 35 of the act, had only done what he was obliged to do under the act. therefore, even if it could be said that the provisions of section 35 were wrongly invoked, i would not be justified ..... directed against the orders dated the 17th july, 1962, under section 35 of the income-tax act, 1922 (hereinafter referred to as the act), withdrawing the super-tax rebate under clause i (c) to the second proviso to paragraph d of part ii of the first schedule of the finance act of 1958.the material facts leading up this petition are these .....

A.H. Wheeler and Co. P. Ltd. Vs. Income-tax Officer, a Ward

Court : Allahabad

Reported in : [1973]88ITR231(All)

..... petition.4. the other contention is that the income-tax officer acted outside the scope of section 35 of the act inasmuch as there was no mistake apparent from the record. there was, it is said, a debatable question whether the finance act, 1958, and the finance act, 1959, warranted 'the reduction of super-tax rebate. it appears ..... that in the rectification proceedings before the income-tax officer it was contended that the relevant provisions of the two finance acts ..... no comparison whatever is possible between the two.5. this is a case where the income-tax officer omitted to apply the relevant provisions of the finance acts of 1958 and 1959, and we are satisfied that the omission constitutes a mistake apparent from the record. it has not been shown to us .....

income-tax Appellate Tribunal Vs. B. Hill and Co. (P.) Ltd.

Court : Allahabad

Reported in : (1982)29CTR(All)301; [1983]142ITR185(All)

..... f of part i of the first schedule to the finance act, 1965, or that the assessee-company was an ' industrial company ' within the meaning of section 2(7)(d) of the finance act, 1966, and the finance (no. 2) act, 1967, or section 2(6)(d) of the finance act, 1968, or section 2(6) of the finance act, 1969, so as to be entitled to the ..... sale of import entitlements were not profits derived from the export of goods by the assessee and accordingly not entitled to the tax concession provided under section 2(5)(i) of the finance act, 1966 (2) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in holding that the ..... the sale of import entitlements were not profits derived from the export of goods by the assessee and accordingly not entitled to tax concession provided under section 2(5)(a)(i) of the finance act, 1964 ? (2) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in holding that .....

Ved Vyas Chawla Vs. the Income Tax Officer 'C' Ward and Anr.

Court : Allahabad

Reported in : AIR1965All37; [1965]57ITR749(All)

..... total income.' therefore, income chargeable under the head 'salaries' by implication will not be subjected to additional surcharge which came to be levied under the finance act of 1963 under section 2(a)(i) and (ii) for the first time. it is contended that this classification is discriminatory and violative of article 14 of the ..... impugned provision, the salaried class of persons has been excluded from the application of the provisions for the levy of surcharge. the relevant portion of section 2 sub-clause (2) of the finance act 1963, reads; '(2) in making any assessment for the assessment year commencing on the 1st day of april, 1963. (a) where ..... no such difficulty arises as the salaried class of employees, undoubtedly, is a well defined class and has been so treated for decades by the various finance acts. the finance act of 1963 deals equally with all persons within the salaried class. the classification is also reasonable as it is based upon a real and substantial distinction .....

Addl. Commissioner of Income-tax Vs. Farrukhabad Cold Storage (P.) Ltd ...

Court : Allahabad

Reported in : [1977]107ITR816(All)

..... to be put on the word 'industrial company' as defined in section 2(7)(d) of the finance acts of 1966 and 1967. the word 'industrial company' was defined in the finance act of 1966 and has been similarly defined in the finance act of 1967. section 2(7)(d) of the finance act runs as follows : '2. (7)(d).--industrial company means a ..... running the cold storage falls in the category of processing of goods and, as such, the assessee-company was an industrial company as defined in section 2(7)(d) of the finance acts. he, as such, directed the income-tax officer to treat the assessee-company as industrial company and levy tax accordingly. an appeal filed by ..... the circumstances of the case, the appellate tribunal was legally correct in holding that the assessee-company was an 'industrial company ' within the meaning of section 2(7)(d) of the finance acts of 1966 and 1967 and was, therefore, entitled to concessional rate of taxation ' 2. the reference relates to the financial years relevant to the .....

Allahabad District Co-operative Bank Ltd. Vs. Union of India (Uoi) and ...

Court : Allahabad

Reported in : [1972]83ITR895(All)

..... year at the rate or rates mentioned therein. it is in pursuance of this provision that the central legislature enacts finance acts from time to time. section 2 of the finance act of 1963, which is the relevant finance act for our purposes, provides for the charge of income-tax at the rates specified in part 1 of the first ..... surcharge. the income-tax officer, thereafter, issued a notice of demand for a sum of rs. 8,010.09 as additional surcharge computed under section 3 of the indian finance act, 1963. the petitioner complains thatthe notice of demand was not accompanied by the order of the income-tax officer, rectifying the earlier assessment order. ..... for the assessment year 1963-64.10. learned counsel for the petitioner argued that the additional surcharge payable under the finance act, 1963, is nothing but income-tax. according to section 81 of the income-tax act, 1961, the petitioner-society is exempt from payment of income-tax and as such the respondents have no jurisdiction to .....

Ms Md Overseas Limited Vs. Director General of Income Tax and Others

Court : Allahabad

..... . (v) a flat rate of tax at 60% was charged for the block period. changes by finance act 2003 (vi) the aforesaid procedure was again changed by the finance act 2003. now, the procedure for assessment in case of search is governed by sections 153a to 153c. these sections provide the assessment in case of search or requisition, time limit, as well as prior approval for ..... of chhatisgarh (the prakash-chand case); (iv) the gwalior citizen sakh sahakarita maryadit, through its chairman v. union of india and others, wp 1569 of 2008 decided by the mp high court at jabalpur on 16.6.2008 (the gwalior-city case); (v) takshila education society vs. di (investigation): 272 itr 274 (the takshila-society case). (vi) kalpaka bazar and others vs .....