Judgment Search Results Home > Cases Phrase: information technology amendment act 2008 section 46 amendment of section 87 Page 4 of about 18,884 results (0.379 seconds)

Myspace Inc. Vs.super Cassettes Industries Ltd.

Court : Delhi

..... certain terms enunciated thereunder. this court is conscious that a significant amendment to this provision took place in 2008; the information technology amendment act was brought into force on 5 february, 2009. however, that amendment brought in greater clarity to the nature of duty and the ..... circumstances whereby intermediaries could be held liable. it is therefore, relevant in the present case, as it covers the greater part of the period in these proceedings. section 79 provides intermediaries exemption from liability for any third party information ..... that by creating a website for users to share their content it was only acting as an intermediary , under the information technology act ( it act ). it argued that the provisions of the it act and act had to be read harmoniously. as a us based company, it took several .....

Association For Democratics Reforms Vs. Union Of India

Court : Supreme Court of India

..... of the finance act 2017; it act 6 section 154 of the finance act 2017; companies act 4 part a entities; (b) disclosure of information on contributions; and (c) income tax exemptions for donations. i. corporate contributions 4. the companies act 1956 and the provisions of the rpa, when they were enacted did not regulate contributions to political parties by companies and individuals. the companies (amendment) act 1960 included ..... question whether funding details of political parties are essential information for the voter to possess. 64 part f80 the constitution of india did not make a reference to political parties when it was adopted. a reference was made when the tenth schedule was included in the constitution by the constitution (fifty-second) amendment act 1985. however, even though the constitution on its adoption .....

indo Marine Agencies (Kerala) Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (1995)51TTJ(Coch.)18

..... government : (a) if the company has not provided for depreciation for any previous financial year or years which falls or fall after the commencement of the companies (amendment) act, 1960 (65 of 1960), it shall, before declaring or paying dividend for any financial year provide for such depreciation out of the profits of that financial year or ..... assessee-company on 15th march, 1990, which is delayed and considered non est.in view of the return filed, there is information to the effect that income assessable under the provisions of s. 115j of the act, has escaped assessment. i am, therefore, satisfied that for the reason stated above, this is a fit case for action ..... after the closing of the assessment as n.a as evidenced by the order sheet entry dt. 31st oct., 1989, would constitute information within the meaning of the predecessor s. 147(b) of the it act. at that point of time, when the notice was issued the time-limit for reopening the assessment even under the predecessor section had .....

Birla Tyres Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2004)267ITR1(Kol.)

..... of aop, boi and their members (refer to items, 5, 7 and 11 of the table given in para 2.3 ante). the combined effect of the amendments made by the amending act, 1987 and the amending act, 1989 in this respect is as follows : (i) a new clause (ba) has been inserted in section 40, which disallows deductions for any interest or ..... the maximum marginal rate. this new section 167a has, however, been omitted by the amending act, 1989, which has withdrawn the new scheme of taxation of firm and partners (refer to item 14 of the table given in para 2.3 ante). 11.2. insertion ..... higher than the maximum marginal rate, then the entire income of the association or body would be taxed at such higher rate. note : it may be clarified that the amending act, 1987, substituted the old section 167a relating to taxation of certain aop at the maximum marginal rate by a new section 167a, which provided for taxation of firms at .....

Dewan Chand Amrit Lal Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2006)98ITD200(Chd.)

..... this major economic evil. the government have, in recent past, taken several legislative and administrative measures to unearth black money. the it (second amendment) act, 1981 (hereinafter referred to as the amending act) represents another step in the same direction. 2.2 it came to government's notice that a substantial amount of black money was deposited ..... the limitation with reference to the assessment proceedings, then in no case, penalty under sections 271d and 271e could be initiated in the cases where the information is gathered in the course of search. that would defeat the very purpose of legislating the provisions of sections 271d and 271e. looking from the background ..... the report of the ao has been reproduced by the dy. cit in para 2 of his order which is quoted hereunder: "on receipt of the information necessary enquiries were made and the concerned parties were confronted with the photocopy of the receipt issued by them to shri surinder kumar of bhatinda. the assessee .....

Deputy Commissioner of Income Tax Vs. Indian Syntans Investments (P)

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2007)103ITD457(Chennai)

..... applicable on change of opinion and held that there is no difference between the law prior to substitution and after substitution of section 147 by direct tax laws (amendment) act, 1987. the hon'ble high court laid down the principle as under in our opinion, we have to see the law prevailing on the date of issue ..... reassessment proceedings upon his mere change of opinion. we, however, may hasten to add that if "reason to believe" of the ao is founded on an information which might have been received by the ao after the completion of assessment, it may be a sound foundation for exercising the power under section 147 r/w ..... 80hhc on account of interest receipt, miscellaneous income and rent treated as business income, (ii) incorrect allowance of exemption under section 54 for the lump sum transfer of technology, (iii) incorrect computation of working of the capital gains, (iv) incorrect computation of working of taxability under section 115ja and (v) computation of receipt as non-compete .....

Star India (P) Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)103ITD73(Mum.)

..... business, profession or vocation and intends to continue his business, profession or vocation for the foreseeable future.6.7 section 145(1) of the it act, 1961 was amended w.e.f. 1st april, 1997 to require an assessee to maintain books of account either on cash or mercantile system of accounting for ..... (c) "consistency" refers to the assumption that accounting policies are consistent from one period to another; (d) "financial statements" means any statement to provide information about the financial position, performance and changes in the financial position of an assessee and includes balance sheet, p&l a/c and other statements and explanatory ..... made for all known liabilities and losses even though the. amount cannot be determined with certainly and represents only a best estimate in the light of available information. (ii) substance over form : the accounting treatment and presentation in financial statements of transactions and events should be governed by their substance and not merely .....

Smt. Krishna Verma Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)107ITD1(Delhi)

..... a mistake or defect in the notice which is contrary to the mandatory provisions of the statute is curable under section 292b of the act.42. he submitted that section 292b was introduced by the taxation laws (amendment) act, 1975 and in para 47 of the explanatory notes vide circular no. 179, dt. 30th sept., 1975, (1976) 102 itr (st) ..... to call for a return from the assessee. other clauses empowered the ao to ask the assessee to produce or cause to be produced accounts and documents and give information in writing and verified in the prescribed manner. in the present appeal, there is no quarrel that as far as powers given to the ao in the provisions ..... assessee and therefore the notice issued was proper was rejected by the court.24. he argued that it is pertinent to mention here that section 148 of the act, prior to amendment in 1996 retrospectively from 1st april, 1989, also required that notice issued under that section must prescribe 30 days clear time for filing the return of income. .....

Commissioner of Income Tax Vs. Siemens Aktiongesellschaft

Court : Mumbai

Reported in : (2008)220CTR(Bom)425; [2009]310ITR320(Bom); [2009]177TAXMAN81(Bom)

..... received by way of technical fees and (3) reimbursement of expenses, are taxable in india considering the provisions of section 9 of the it act as amended w.e.f. 1st june, 1976.18. the finance act, 2007 has inserted the explanation to section 9(1) with retrospective effect from 1st june, 1976. the supreme court in ishikawqjma-harima ..... whether the taxability of the income should be governed by the provisions of that agreement and not by the provisions of it act as amended. in other words would the dtaa prevail over the provisions of the it act.25. in cit v. visakhapatnam port trust (supra) a learned division bench of the andhra pradesh high court considering ..... taxes for the finance act, 2007. it referred to circular no. 202, dt. 5th july, 1976. with respect to rule for royalty income, it was stated as follows:in view of the aforesaid amendment, royalty income consisting of lump sum consideration for the transfer outside india of, or the imparting of information outside india in respect of .....

Mahaveer Kumar JaIn Vs. Commissioner of Income Tax

Court : Rajasthan

Reported in : (2004)191CTR(Raj)303; [2005]277ITR166(Raj)

..... w.e.f. - 26th april, 1975 to take care of special circumstances emerging therefrom, article 371f was inserted in constitution of india vide constitution (36th) amendment act, 1975, w.e.f. 26th april, 1975. the combined effect of clauses (h) and (n) was that laws in force in territories comprised in ..... the matter. firstly, that the sikkim was not originally a part of india when it act, 1961, was enacted. leaving aside the historical background, which does not have much bearing on the present controversy, by 36th constitutional amendment act, sikkim was admitted into union of india as a state and special provisions were ..... immediately before the appointed day in the territories comprised in the state of sikkim or any part thereof shall continue to be in force therein until amended or repealed by a competent legislature or other competent authority;(l)..............................(m) ................................(n) the president may, by public notification, extend with such restrictions or .....