Judgment Search Results Home > Cases Phrase: finance no 2 act 2009 chapter iii direct taxes Court: supreme court of india Page 1 of about 7,695 results (0.357 seconds)

All India Bank Officers Confederation Vs. The Regional Manager Central ...

Court : Supreme Court of India

..... making authority to prescribe any other fringe benefits or amenities that are liable to taxation as perquisites . 4 before amendments brought in by finance (no.2) act, 2009, with effect from 01.04.2010, section 17(2)(vi) of the act read: (vi) the value of any other fringe benefit or amenity (excluding the fringe benefits chargeable to tax under chapter xiih) ..... accordingly, rule 3(7)(i) is intra vires section 17(2)(viii) of the act. 26 air (1967) sc1895 27 (1965) 2 scr477 civil appeal no.7708 of 2014 & ors. page 15 of 17 section 17(2)(viii) does not lead to an excessive delegation of the essential legislative function . ii. is rule 3(7)(i) arbitrary and violative of article 14 ..... amenity as perquisite is not boundless. it is demarcated by the language of section 17 of the act. anything made taxable by the rule-making authority under section 17(2)(viii) should be a perquisite 19 (1968) scc online sc13 civil appeal no.7708 of 2014 & ors. page 11 of 17 in the form of fringe benefits or amenity .....

Hira Lal Hari Lal Bhagwati Vs. C.B.i., New Delhi

Court : Supreme Court of India

Reported in : AIR2003SC2545; 2003(2)ALD(Cri)292; 2003(2)ALT(Cri)142; 2003(51)BLJR1697; 2003CriLJ3041; 2003(3)CTC356; (2003)182CTR(SC)1; 104(2003)DLT699(SC); 2003(87)ECC473; 2003(155)ELT4

..... rs. 98,40,222/- being the sum determined by thedesignated authority. 21. in exercise of the powers conferred by sub-section (2) of section 90 read withsection 91 of the finance (no. 2) act, 1998, the designated authority issued thecertificate to the declarant in the following terms:(a) certifying the receipt of the payment from the ..... (kvss-98) takes into consideration the following facts:(a) that the gujarat cancer society, ahmedabad had made declaration undersection 88 of the finance (no. 2) act, 1998; (b) that the designated authority by order dated 10.2.1999 determined theamount of rs. 98,40,222/- payable by the declarant in accordance with theprovisions of the kar vivad samadhan scheme, ..... in that regard for this case is section 95 of the kar vivadsamadhan scheme, chapter iv of finance (no. 2) act, 1998, which isquoted below :'95. the provisions of this scheme shall not apply - (i) xx xx xx (ii) in respect of tax arrear under any indirect tax enactment-, (a) in a case where prosecution .....

Sabarkantha Zilla Kharid V. Sangh Ltd. Vs. Commissioner of Income-tax

Court : Supreme Court of India

Reported in : AIR1993SC2561; (1993)114CTR(SC)459; [1993]203ITR1027(SC); JT1993(4)SC448; (1993)4SCC102; [1993]Supp1SCR993

..... portion of the said amount as can be called total income attributable to activities defined in clause (5) of section 80b. section 80ab introduced into the i.t. act by the finance (no. 2) act, 1980, with effect from april 1, 1981, was adverted to by his lordship to buttress the view so taken, in that it read:where any deduction is required ..... 3,72,038 relating to marketing of agricultural produce of its members and interest on loans given to its members should be allowed as deduction under section 80p(2)(a) of the income-tax act, and not rs. 73,720 with reference to the proportionate net profit referable to those activities only? 15. section 80p, which provided for exemption to ..... income is included in the total income. it reads:where there is included in the total income of an assessee any income on which no income-tax is payable under the provisions of this act, the assessee shall be entitled to a deduction from the amount of income-tax with which he is chargeable on his total income, of .....

Mafatlal Industries Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : 2002(83)ECC85; 1997(89)ELT247(SC); JT1996(11)SC283; 1996(9)SCALE457; (1997)5SCC536; [1996]Supp10SCR585; [1998]111STC467(SC)

..... transport by sea. chapter-v contains special provisions relating to salt. chapter- vi deals with adjudication of confiscations and penalties while chapter vi-a introduced by the finance (no. 2) act, 1980 (with effect from october 11, 1982) provides for appeals against the orders of the original and appellate authorities. in certain matters, a reference is provided ..... terms of the contract.108. incidentally, it should be noted that lord goddard, j. took into consideration section 27 of finance (no. 2) act, 1940 which appears to be similar to section 64a of our sale of goods act, 1930. section 64a provides:64a. in contracts of sale, amount of increased or decreased taxes to be added or deduced. ..... the preparation of a separate set of statutory rules. there are now no less than 10 separate excise acts (the excise on kerosene being covered by a part of the indian finance act, 1922) and 11 sets of statutory rules; and there are also 5 acts relating to salt, the duty on which is by a wide margin .....

Union of India and anr. Vs. Ms Nitdip Text. Processors Pvt. Ltd. and o ...

Court : Supreme Court of India

Reported in : 2011(4)KLT134(SN); 2012(1)SCC226; 2012(2)SCJ617; AIR2012SCW2723; 2012(2)KCCR61SN

..... reduced payments instead of the disputed liability and immunity from prosecution. 3... 3.1. the relevant extracts containing provisions of the samadhan scheme as incorporated in the enacted finance (no. 2) act, 98 (21 of 1998) are enclosed herewith. the salient features of the samadhan scheme in relation to indirect taxes are briefly discussed below:- 4. applicability of the ..... were issued after 31.03.1998 and further, has struck down the expression on or before the 31st day of march 1998 under section 87(m)(ii)(b) of the finance (no. 2) act, 1998 as ultra vires of the constitution of india and in particular, article 14 of the constitution on the ground that the said expression prescribes a ..... of the scheme. aggrieved by the judgment and order, the revenue is before us in this appeal. 5) the scheme was introduced by finance (no.2) act and is contained in chapter iv of the act. the scheme is known as kar vivad samadhana scheme, 1998. it was in force between 1.9.1998 and 31.1.1999. briefly, .....

Madras Bar Association Vs. Union of India and anr.

Court : Supreme Court of India

..... law which had arisen before it, had been interpreted differently, by two or more jurisdictional high courts. (vii) section 260a was inserted in the income tax act by the finance (no.2) act, 1998, with effect from 1.10.1998. under section 260a, an appellate remedy was provided for, to raise a challenge to orders passed by the appellate ..... by the collector of central excise as an adjudicating authority, (b) against an order passed by the collector (appeals) under section 35a of the excise act (as substituted by the finance (no.2) act, 1980), (c) against an order passed by the board or the appellate collector of central excise under section 35 (as it stood before 21.8 ..... the post of collector of customs or central excise (level i), or equivalent or higher post, for at least 3 years. the finance (no.2) act, 1996 amended section 129(3) of the customs act, whereby it enabled the central government to appoint a person to be the president of the appellate tribunal. the central government could make .....

Shree Choudhary Transport Co. Vs. Income Tax Officer

Court : Supreme Court of India

..... provisions of this chapter were substituted for the previous expressions carrying various provisions of the act, by the finance (no.2) act, 2004, w.e.f. 01.10.2004. 10 sub-section (2) was inserted by the finance act, 2002. 11 sub-section (3) was inserted by the finance (no.2) act, 2004, w.e.f. 01.04.2005. 26 to in that sub-section ..... . 10.3.1. in yet another alternative, learned counsel for the appellant has referred to the amendment made to section 40(a)(ia) of the act by the finance (no.2) act, 2014, restricting and limiting the extent of disallowance to 30% of the expenditure and has submitted that the said amendment, being curative in nature and ..... dealing with curative amendment, relating more to the procedural aspects concerning deposit of the deducted tds, be applied to the amendment of the substantive provision by the finance (no.2) act, 2014. 19.6. we may in the passing observe that the assessee-appellant was either labouring under the mistaken impression that he was not required to .....

Reserve Bank of India and Others Vs. Peerless General Finance and Inve ...

Court : Supreme Court of India

Reported in : 1996IAD(SC)774; AIR1996SC646; [1996]85CompCas920(SC); JT1996(1)SC8; 1996(1)SCALE13; (1996)1SCC642; [1996]1SCR58

..... from general public on a large scale, it became necessary to make suitable provisions for regulating the same. the reserve bank of india act, 1934 (hereinafter referred to as 'the act') was amended by act no. 55 of 1963 and chapter iii-b (sections 45(h) or 45(q) which contains provisions relating to non-banking institutions receiving ..... -k(3), we cannot lose sight of the object underlying the said provision. section 45-k is part of chapter iii-b which was inserted in the act by act no. 55 of 1963. in the statement of objects and reasons appended to the bill it was expressly mentioned that 'it is desirable that the reserve bank should ..... reserve bank of india v. peerless general finance & investment co. ltd. : [1987]2scr1 , (hereinafter referred to as 'peerless i'). the court, after examining the various schemes offered by peerless, held that the said schemes were not covered by the expression 'prize chits' as defined in section 2(e) of the said act. while upholding the decision of the .....

Sri Marthanda Varma (D) Th. Lr. . Vs. State of Kerala .

Court : Supreme Court of India

..... the provisions in paragraphs 4 and 5 above shall apply equally to the advisory committee.10. the advisory committee shall ensure that regular annual audit of the finances of the temple is completed by a reputed accounting firm, which shall be changed every three years.11. the administrative committee shall not take any decision on ..... were brought under the land revenue department. this resulted in improved collection of revenue from the lands and there was considerable augmentation and stability of the state finances. in fact, vast extent of properties of the sree padmanabhaswamy temple were also restored to it and the financial position of this temple also improved. the ..... all courts shall take judicial notice of every such instrument and acceptance. 10. the travancore interim constitution act, 1123 came into force on 24.03.1948. sections 1, 2 and 4 of said act were:- civil appeal no.2732 of 2020 (arising out of slp(c)no.11295 of 2011) etc. sri marthanda varma (d) thr. lrs. & anr. vs. .....

Mathew M. Thomas and ors Vs. Commissioner of Income Tax

Court : Supreme Court of India

Reported in : AIR1999SC999; (1999)152CTR(SC)172; 1999(111)ELT4(SC); [1999]236ITR691(SC); JT1999(1)SC481; 1999(1)KLT740(SC); 1999(1)SCALE485; (1999)2SCC543; [1999]1SCR651

..... as against the said order, the revenue filed an appeal under section 269 h in the high court of kerala.2. during the pendency of the appeal, chapter xx-c was introduced in the income tax act (hereinafter referred to as 'act') by finance act of 1986 w.e.f. october 1, 1986. under section 269 rr, chapter xx-a was made inapplicable in ..... the properties, the value of which exceeded rs. 5 lakhs.7. in view of the change in the legislation, the c.b.d.t. thought fit to issue circular no. 455, obviously with an object of achieving the earlier finalisation of the proceedings under chapter xx-a. the circular is undoubtedly a beneficial measure in order to bring an ..... 15% thereof. the government found that the provision of the said chapter where not as effective as intended in the finance bill of 1986. chapter xx-c was introduced and chapter xx-a was deleted. it was proposed that no proceedings under section 269 c shall be initiated in respect of the property transferred after september 30, 1986. in the .....