Judgment Search Results Home > Cases Phrase: finance no 2 act 2009 chapter iii direct taxes Page 100 of about 75,028 results (0.413 seconds)

D.C. Shah Vs. Commissioner of Wealth-tax, Mysore

Court : Karnataka

Reported in : [1979]117ITR348(KAR); [1979]117ITR348(Karn); 1978(2)KarLJ30

..... reason given by the learned judge is not at all in conformity with the language of s. 68 of the finance act, 1965. section 68 of the finance act, 1965, provides that where any person makes a declaration in accordance with sub-s. (2) thereof, any amount representing income which he has failed to disclose in a return of income for any assessment year filed ..... which a single judge of the kerala high court had held that the income-tax payable under s. 68 of the finance act, 1965, could not be considered as a debt which could be deducted under s. 2(m) of the w.t. act for purposes of determining the net wealth. it has to be observed at this stage that the above decision of ..... not having deducted the income-tax liability on the various valuation dates for the assessment years in question on the amounts declared by the assessee under s. 68(2) of the finance act, 1965. 18. in the result, we answer the first question in t.r.c. nos. 5 to 10 of 1974 in the affirmative and the second question in t.r.c .....

Diamond Feeds Vs. Deputy Commissioner of Commercial Taxes (Asst. Ii) a ...

Court : Karnataka

Reported in : (2007)8VST537(Karn)

..... did not exceed rs. 15 crores on april 1, 1993, for a period of 7 years from april 1, 1993. notification dated april 2, 1994, issued under section 7 of the bihar finance act, 1981, limited the facility or benefit under the policy to old industrial units which had not availed of any facility or benefit under any industrial ..... policy announced by the government of karnataka, the state government, in exercise of its powers under sub-section (1) of section 8a of the kst act, has issued a notification in no. fd 171 csl 93(1), dated august 28,1993. the said notification is gazetted on september 23,1993. the notification provides for exemption from the ..... the assessing authority are affirmed by the first appellate authority in the appeal filed by the assessee.5. apart from other reliefs sought, petitioner in w. p. no. 5059 of 2002 calls in question the correctness or otherwise of the orders passed by the assessing authority and confirmed by the first appellate authority for the assessment year .....

Commissioner of Income Tax Vs. Motilal Subhodh Kumar Jain

Court : Madhya Pradesh

Reported in : (2005)197CTR(MP)58; [2005]277ITR524(MP); 2004(3)MPLJ304

..... branch of a banking company or a co-operative bank and no other company or co-operative society and no firm or other person shall repay any loan or deposit made ..... appeal has been preferred by the cit, jabalpur, under section 260a of the it act, 1961 (hereinafter referred to as 'the act'), aggrieved by an order passed by the tribunal, jabalpur, in ita no. 530/jab/1995 on 9th dec., 1998, relating to the asst. yr. 1990-91.2. for the asst. yr. 1990-91, the assessee was charged with the ..... ii) 'deposit' means any deposit of money which is repayable after notice or repayable after a period and, in the case of a person other than a company, includes deposit of any nature.'6. amendment has been made in the above provisions by the finance act, 2002, the amended section 269t reads thus :'mode of repayment of certain loans or deposits.--no .....

Commissioner of Income-tax Vs. Santhi Chitties P. Ltd.

Court : Kerala

Reported in : [2009]316ITR242(Ker)

..... regarding court fees payable in all appeals against the orders of the appellate tribunal under the income-tax, act/interest-tax act are coming within the purview of article 3(iii)(c) of schedule ii to the kerala court fees and suits valuation act and rules. in fact, the most specific provision under which this appeal falls is article 3(iii)(c ..... the objection raised by the registry is tenable because article 3(iii)(c) of schedule ii to the kerala court fees and suits valuation act and rules provides as follows:from an order of the appellate tribunal under the income-tax act, 1961, or the wealth-tax act, 1957:(a) where the total income of the assessee as computed by the assessing ..... for the assessment year 2000-01. the high; court registry raised an objection regarding payment of court fee of rs. 10 under article 3(iii)(c) of schedule ii to the kerala court fees and suits valuation act, 1959. the registry had intimated the appellant that the minimum court fee payable in this case is rs. 500 .....

Commissioner of Income-tax Vs. Dinesh Kumar

Court : Himachal Pradesh

..... circular is the subject matter of an adverse order.(iii) where prosecution proceedings are contemplated against the assessee.(iv) where the constitutional validity of the provisions of the act are under challenge. 4. special leave petitions under article 136 of the constitution are filed before the supreme court only in consultation with the ministry of law. therefore ..... business and not whether it was income derived from the business of the industrial undertaking and eligible for deduction under section 80hh/80ia/80ib of the income tax act, 1961.3. whether on the facts and in the circumstances of the case, the itat was right in not appreciating the ratio of judgements of the ..... of the revenue is less than rs. 2 lakhs. he has placed reliance on circular f. no. 279/126/98-it, dated march 27, 2000, issued by the central board of direct taxes, which reads as under:instruction no. 1979 f. no. 279/126/98-it government of india,ministry of finance (department of revenue),central board of direct .....

Commissioner of Income-tax Vs. Bangalore Clothing Co.

Court : Mumbai

Reported in : (2003)180CTR(Bom)127; [2003]260ITR371(Bom); 2003(3)MhLj764

..... ratio of export turnover to total turnover as contemplated by the above formula. explanation (baa) was introduced into the act by the finance (no. 2) act, 1991, with effect from april 1, 1992. under the circular of the central board of direct taxes bearing no. 621, dated december 19, 1991 (see [1992] 195 itr 154), it has been stated that the above ..... aggrieved, the assessee filed an appeal to the tribunal against the order of the commissioner of income-tax under section 263 of the act vide appeal no. 2278 of 1996 whereas, the department filed its appeal no. 5091 against the order of the first appellate authority. both the appeals are disposed of by the impugned order passed by the ..... s.h. kapadia, j.1. this appeal is filed by the department under section 260a of the income-tax act, 1961, raising the following question of law in respect of the assessment year 1992-93.2. before formulating the question, the facts may be seen.facts ;3. the assessee filed its return of income on january 29, 1993, .....

M.L. Vasudeva Murthy and Sons and Others Vs. Joint Commissioner of Agr ...

Court : Karnataka

Reported in : [1992]198ITR426(KAR); [1992]198ITR426(Karn); 1991(2)KarLJ495

..... is whether the ambit of this explanation should be restricted as operating only in respect of the period commencing with the date stated in section 2 of the earlier amendment act.7. there is no dispute that the state legislature is competent to create a forum whereby the assessment orders can be revised and, for this purpose, appropriate ..... of these words though factually in 1989 was with retrospective effect from june 1, 1988, the date on and from which explanation (c) itself was inserted by the finance act, 1988. in my judgment, explanation (c) requires to be constructed harmoniously. the insertion of the words at two places as well as the fact that the insertion ..... in section 35 and, therefore, it is a special provision governing the revisional power. the explanation now added by section by section 8 of the subsequent amendment act (act 23 of 1985) is a special provision as to the scope of the joint commissioner's power with reference to the period covered by the assessment orders. a .....

Voltas Limited Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2006(3)JCR518(Jhr)]

..... moveable properties, can be transferred from one place to another and the sale of such air-conditioners is chargeable to sales tax under the bihar finance act, 1981 under entry no. 116 of the schedule at the rate of 16%.6. one of the disputes in these cases is confined to installation and commissioning of the ..... steel ltd. after designing and manufacturing the same. for the purposes of argument, the contract can be divided into three parts: (i) to design and manufacture, (ii) to supply and (iii) installation and commissioning. thus, according to the state, the petitioner, having supplied/sold air-conditioning plant, is liable to be taxed at ..... of works contract of 'air-conditioning plant' and the rate of tax applicable to them, as per its entry number, as set out hereunder:sl.no.list ofitemsrate oftaxentryno.specifiedunspecified1.electricmotors9%73?2.electricalgoods, instruments, electric fans12%81?3. iron& steel (gp sheets, angle iron/ channels, pipes, pipe fittings, valves,strainer)4%20?4. .....

Sinclaire Murray and Co. (P) Ltd. Vs. the Commissioner of Income Tax, ...

Court : Supreme Court of India

Reported in : AIR1975SC198; [1974]97ITR615(SC); (1975)3SCC521; [1975]2SCR629; [1975]35STC142(SC)

..... distinguish the decision of this court in the case of chowringhee sales bureau p. ltd. on the ground that there was no provision in the bengal finance (sales tax) act, 1941 under which the sales tax was realised by the appellant in that case corresponding to sub-section (3) of ..... case relied upon the following observation of lawrence j. in paprika ltd. & anr. v. board of trade.(5) (1) [1970] 26 s.t.c. 254. (2) [1973] 32 s.t.c. 1. (3) 22 t.c. 51. (4) [1961] 12 stc 476 (5) [1944] 1 all. e.r. ..... the decisions of this court in the cases of r. abdul qyader & co. v. sales tax officer, second circle, hyderabad, (2) (1) [1973] 87 i.t.r. 542.(2) [1964] 15 s.t.c. 403.633ashoka marketing ltd. v. state of bihar anr.(1) and state of u.p. & ..... anr. v. annapurna biscuit manufacturing co. (2) the state legislature was competent to enact that provision and whether the same was constitutionally valid. assuming that the said provision is valid, .....

Federal Bank Ltd. Vs. Sagar Thomas and ors.

Court : Supreme Court of India

Reported in : AIR2003SC4325; 97(2004)CLT363(SC); [2004]120CompCas63(SC); 2003(4)CTC418; JT2003(Suppl1)SC470; 2003(3)KLT876(SC); (2004)ILLJ161SC; 2003(8)SCALE143; (2003)10SCC733; 2004(1)S

..... an impact and effect on the economy of the country in general. money of the shareholders and the depositors is with such companies, carrying on banking activity. the banks finance the borrowers on any given rate of interest at a particular time. they advance loans as against securities. therefore, it is obviously necessary to have regulatory check over ..... or agency or corporation aggregate or corporation sole is not of sole material relevance to decide whether it is by or under the control of the appropriate government under the act. (2) if it is a statutory corporation, it is an instrumentality or agency of the state. if it is a company owned wholly or partially by a share capital ..... to which, the manner in which and the conditions subject to which deposits may be invited or accepted by a company either from the public or from its members,(2) no company shall invite, or allow any other person to invite or cause to be invited on its behalf any deposit unless -(a) such deposit is invited or is .....