Judgment Search Results Home > Cases Phrase: taxation laws amendment act 2001 section 4 amendment of section 10 Court: mumbai Page 1 of about 19,509 results (0.286 seconds)

Commissioner of Income Tax Vs. Emilio Ruiz Berdejo and ors.

Court : Mumbai

Reported in : (2010)228CTR(Bom)145

..... of the tax due on the returned income where such shortfall is on account of increase in the rate of surcharge under section 2 of the finance act, 2000 (10 of 2000), as amended by the taxation laws (amendment) act, 2000 (1 of 2001), and the assessee has paid the amount of shortfall, on or before the 15th day of march, 2001 in respect of ..... of the tax due on the returned income where such shortfall is on account of increase in the rate of surcharge under section 2 of the finance act, 2000 (10 of 2000) as amended by the taxation laws (amendment) act, 2001 (4 of 2001) and the assessee has paid the amount of shortfall on or before the 15th day of march, 2001 in respect of ..... that if a sum to be paid to the non-resident is chargeable to tax, tax is required to be deducted.23. having seen the aforesaid scheme of the act and law laid down by the apex court, the further question which needs consideration is : the consequences of failure to deduct advance tax in whole or part or after deducting, one .....

M/s. Ghodawat Energy Pvt. Ltd. Vs. The State of Maharashtra, Through t ...

Court : Mumbai

..... thereunder from the first schedule to ade act 1957 vide section 10, taxation laws (amendment) act, 2007 (act no.16 of 2007) effective from 1st april, 2007, without losing share of central taxes. this enabled states to levy vat on tobacco ..... 5 is annexed as annexure-e to the paper-book. 18. the petitioner has also brought to our notice the following changes which were made by the taxation laws (amendment act, 2007. these, according to the petitioner, are as under: 19. the parliament omitted chapter headings 2401, 2402 and 2403 and sub-heading and tariff item ..... heading 2403 was omitted from the first schedule to the ade act only with effect from 1st april, 2007, vide section 10 of the taxation laws (amendment) act, 2007 (act no.16 of 2007) read with the notification dated 29th march, 2007. the schedule entry a-45 was amended with effect from 1st april, 2007, to delete reference to tobacco .....

Plastiblends India Ltd., a Company Incorporated Under the Companies Ac ...

Court : Mumbai

Reported in : (2009)223CTR(Bom)291; [2009]178TAXMAN397(Bom)

..... from 1.4.2002 and, therefore, the tribunal erred in holding that omission of section 34(1) by taxation laws (amendment and miscellaneous provisions) act, 1986 changed the legal complexion. he further reiterated that explanation 5 to section 32 of the act as inserted by the finance act, 2001 with effect from 1st april, 2002 clearly demonstrates that prior thereto depreciation could not be thrusted on ..... irrespective of whether depreciation allowance was claimed as a deduction under section 32 of the act in arriving at the business income. the tribunal also held that there is no provision in the act for disclaimer of depreciation. omission of section 34(1) by the taxation laws (amendment & miscellaneous provisions) act, 1986 leads to the conclusion that assessee has no option to not to claim depreciation .....

Ultramarine and Pigments Ltd. Vs. O.P. Srivastava, Commissioner of Inc ...

Court : Mumbai

Reported in : 2006(1)BomCR528; (2006)205CTR(Bom)34; [2006]286ITR86(Bom)

..... in the case of commissioner of income tax v. saswad mali sugar factory ltd. reported in : [2001]249itr756(bom) . the division bench has held therein that the taxation laws (amendment) act, 1984 is procedural in nature and, therefore, it will apply to all the pending actions. this being so, sub-section (1a) which was introduced in section 214 will ..... assessing officer granted the petitioner refund of rs. 10,25,207/- inclusive of interest. it may be noted that section 214 of the income tax act, 1961 came to be amended on 1st april 1985 whereby interest payable by the government to the assessee could be increased or reduced by the assessing officer while giving effect to the ..... 214 has been calculated on the refund due as per the original assessment order, by totally ignoring the amended section 214, the petitioner filed a revision application before the c.i.t. under section 264 of the income tax act. the said revision came to be rejected by the order dated 30th january 1992 which is impugned .....

Gulabrai V. Gandhi Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2003)84ITD370(Mum.)

..... by shri dave in support of the proposition that the declaration was not voluntary.16. let us have a look to explanation 5 which has been inserted by the taxation laws (amendment) act, 1984. it provides that where in the course of a search under section 132, the assessee is found to be the owner of any money, bullion, ..... of 22-9-1989 given by the income-tax department (copy placed on record) wherein the assessees were advised to avail of the concession given by the taxation laws (amendment & miscellaneous provisions) act, 1986 which provided that if during the course of search, the assessee makes a statement under section 132(4) that any money, bullion, jewellery or any ..... assessee has no intention to fabricate any evidence and he includes in his return, the income out of which such assets have been acquired. hence, by the amending act, it has been provided that if an assessee in such cases makes a statement during the course of search admitting that the assets found at his premises or .....

Chohung Bank Vs. Deputy Director of Income-tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)102ITD45(Mum.)

..... existing taxes. the competent authorities of the contracting states shall notify each other of any substantial changes, which have been made in their respective taxation laws.11.2 it is, thus, evident that dtaa recognizes the fact that the amendments made in the it act are not affected in so far or they are not in conflict with the specific provisions of the ..... computation of income and not about rates of taxes on the income so computed as it falls in the domain of annual finance act.further, the power of parliament to make amendment in law is not assigned or compromised by virtue of dtaa being in force. it has only to be seen as to whether new provision is in conflict with ..... considered view the explanation introduced in 2001 by finance act, 2001 w.r.e.f. 1-4-1962 is no way in conflict with the dtaa with korea. in fact the dtaa provides for a mechanism for communicating with each other any amendment in law made by one country. article 2 para 4 of dtaa is relevant. it is extracted below : 4. .....

NavIn Bharat Industries Ltd. Vs. the Deputy C.i.T., Special

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... income which is not includible in the total income and does not deal with the losses from that source etc., and in any case, as per the amendment in the said section by the finance act, 2001, it is applicable only from 1.4.1962.22. the learned departmental representative strongly relied upon the orders of the authorities below. he submitted ..... the facts on record. we have also perused the provisions of section 10a, section 70 and section 71 of the i.t. act and also the decisions relied upon by the learned cit(appeals). the special scheme of taxation formulated by the govt. for taxability of units set up in the export processing zone, contained in section 10a, is a code ..... by itself. the computation of such units as well as the carry forward and set off etc., has been specifically laid down in the said section. the other provisions of the i.t. act and any .....

Mahendra Panmal Duggad JaIn and anr. Vs. Bhararilal Panmal Duggad JaIn ...

Court : Mumbai

Reported in : 2008(6)BomCR699; 2008(4)MhLj803

..... question referred to us, therefore, is:on the facts and in the circumstances of the case, and on a true interpretation of section 274, as amended by the taxation laws (amendment) act of 1970, the inspecting assistant commissioner to whom the case had been referred prior to 1971 had no jurisdiction to impose penalty.11. it was argued ..... supp (1) scc 257. in that case the question pertained to provisions of section 274(2) of the income tax act as amended by taxation laws (amendment) act, 1970 w.e.f. 1st april, 1971. the amended section provided that if the amount of concealed income exceeds a sum of rs. 25,000/- the income tax officer shall refer ..... the appellate tribunal stated the case to the orissa high court, referring the following question of law:whether, on the facts and circumstances of the case, and on the true interpretation of section 274, as amended by the taxation laws (amendment) act, 1970, the inspecting assistant commissioner to whom the case was referred prior to april 1, 1971 .....

First Wealth-tax Officer Vs. Smt. P.H. Harilela

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1984)8ITD645(Mum.)

..... dates for considering the exigibility of the assessee to penalties. he pointed out that the relevant provision of section 18, as it stood prior to its amendment by the taxation laws (amendment) act, 1970, with effect from 1-4-1971, was to the effect that where the value of any asset returned by any person was less than ..... purposes of section 18(1)(c). even after the amendment of the relevant provisions with effect from 1-4-1971, the law on the subject was unaffected.section 18, after its amendment by the taxation laws (amendment) act, 1975, with effect from 1-4-1976, had undergone substantial change. this amendment placed on the statute book the explanation 4 which was ..... for attending to the wealth-tax affairs of the assessee the assessee had appointed shri b.g. gandhi, a senior chartered accoutant, to look after the taxation matters. the returns were being filed by shn ishwardas valiram mahbubani, another co-partner in the firm of hariela.the assessment proceedings were being attended to by .....

Orkay Silk Mills (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1983)5ITD661(Mum.)

..... to hold that, following the calcutta high court decision in the case of bombay photo stores (p.) ltd. (supra), the provisions of section 104 as amended by the taxation laws (amendment) act, 1975, which took effect from 1-4-1976, did not apply to the facts of the case. the question whether the provisions of section 104 applied ..... notification so 475(e), dated 5-9-1975, issued by the central government in exercise of the powers conferred under section 1(2) of the taxation laws (amendment) act, 1975, this amendment came into effect with effect from 1-4-1976. it was the plea of the learned counsel for the assessee that as explained by the learned ..... on the plea that the liability did not exist as on the date of amalgamation. a further argument was made before the commissioner (appeals) that the taxation laws (amendment) act, 1975 amending the relevant provisions with effect from 1-4-1976 had no application to the facts of the present case. the commissioner (appeals) overruled this objection on .....