Section 43a - Judgment Search Results

Commissioner of Income-tax Vs. Coromandel Fertilisers Ltd.

Court: Andhra Pradesh

Reported in: [1985]156ITR283(AP)

..... s 33 is not applicable to this case section 43a 2 applies where only s 43a 1 applies section 43a is in addition to the other provisions ..... such asset the several conditions for the application of sub section 1 of section 43a are 1 that the assessee should have acquired an asset ..... not the price received by the buyer in us dollars 38 section 43a which was inserted by the finance no 2 act 1967 with .....

Assst. C.i.T., Vadodara Vs. Elecon Engineering Co. Ltd.

Court: Supreme Court of India

Reported in: (2010)230CTR(SC)1

..... the purchase of plant and machinery 9 section 43a before its substitution by a new section 43a vide finance act 2002 was inserted by ..... to the assessee in this case section 43a was not applicable according to the assessee section 43a as it stood at the relevant ..... position emerging after finance act 2002 under explanation 3 to section 43a if the assessee had covered his liability in foreign exchange .....

Lakhanpal National Ltd. Vs. Income Tax Officer

Court: Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in: (1999)69ITD9(Ahd.)

..... have to incur and which is to be allowed under s 43a sec 43a was also not a subject matter before the supreme court 1 ..... inserted by finance act 1967 w e f 1st april 1967 sec 43a 1 is an important provision which falls for interpretation and therefore ..... in which case the actual cost is to be adjusted accordingly sec 43a clearly ordains that the incremental liability for the relevant previous year .....

Darius Rutton Kavasmaneck Vs. Gharda Chemicals Ltd. and ors.

Court: Supreme Court of India

..... 2000 amendment removed the requirement for central government approval v each of the sub sections of section 43a contained a specific clarificatory proviso which preserved the essential character and status of ..... if the private company becoming a public company by virtue of operation of section 43a sub section 1b disinvest its shares either entirely or partially thereby reducing the holding to .....

Essar Steel Ltd. Vs. Deputy Commissioner of Income Tax

Court: Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in: (2005)97TTJ(Ahd.)985

..... and therefore it would need to be read in conjunction with the provision enacted under section 43a 1 section 43a 1 speaks of increase or reduction in the liability of the assessee as expressed ..... from abroad were the plant and machinery which are depreciable assets invoking the provisions of section 43a he deducted the gains arising out of cancellation of forward exchange contract from the block .....

Arvind Mills Ltd. Vs. Commissioner of Income-tax, Gujarat-ii

Court: Gujarat

Reported in: [1978]112ITR64(Guj)

..... independent of and not inconsistent with the enacting part of sub section 1 of section 43a the question of sub section 1 of section 43a operating of set aside as no longer valid anything contained in ..... same we have already adverted to the provisions of the enacting portion of sub section 1 of section 43a they do not cover cases where such increased liability is incurred before acquisition and .....

Commissioner of Income Tax Vs. Elgi Rubber Products Ltd.

Court: Chennai

Reported in: (1996)133CTR(Mad)417; [1996]219ITR111(Mad)

..... for the assessee to claim the allowance as a revenue expenditure sec 43a of the act itself provides for fluctuation in the exchange rate ..... fee fixed at rs 1 000 direct taxation nature of expenditure section 43 a of income tax act 1961 assessee imported machinery and ..... for the purpose of that section except the non obstante clause therefore the department cannot contend that s 43a could be applied to an .....

Asstt. Commissioner of Incometax Vs. Mupnar Films Limited

Court: Income Tax Appellate Tribunal ITAT Indore

..... it was held in that case that in view of specific provision of sub section 2 of section 43a the additional liability on account of exchange rate fluctuation is not to form part ..... arvind mills limited supra also considered a simple hypothetical illustration while considering the provisions of section 43a steering clear of complications that may arise where the purchase is made by borrowing funds .....

Tata Consultancy Services Limited Vs. Cyrus Investments Pvt Ltd

Court: Supreme Court of India

..... private company under sub section 4 of section 43a of the 1956 act sub section 11 of section 43a inserted under act 53 of 2000 made all sub sections of section 43a except sub section 2a inapplicable on and ..... a deemed public company but this sub clause d is nothing but sub section 1c of section 43a though section 43a was being scrapped in effect the parliament wanted to retain the prescription .....

Commissioner of Income-tax Vs. Bharat General and Textile Industries L ...

Court: Kolkata

Reported in: (1986)56CTR(Cal)237,[1986]157ITR158(Cal)

..... cost which irrespective of section 43a would be entitled to development rebate under section 33a and inasmuch as sub section 2 of section 43a only excludes the portion of sub section 1 of section 43a in our opinion ..... cases whether of increase or decrease the result of devaluation must be guided by section 43a and under section 43a alone the same view was reiterated by the gujarat high court in the .....