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1 - 10 of 65 (0.52 seconds)Section 5 in The Income Tax Act, 1961 [Entire Act]
Section 4 in The Income Tax Act, 1961 [Entire Act]
The Income Tax Act, 1961
Commissioner Of Income Tax vs P.V.A.L. Kulandagan Chettiar (Dead) ... on 26 May, 2004
(i) Telecommunication Consultant India Ltd. v/s ACIT, ITA
no.1293 & 1294/Del./2009, order dated 29th March 2012
This decision has extensively been referred to and relied upon
the OECD commentary and has distinguished the judgment in
P.V.A.L. Kulandagan Chettiar (supra) on the ground that the
phrase "may be taxed" has not been expressly dealt with.
Finance Act, 2012
Section 36 in The Income Tax Act, 1961 [Entire Act]
Section 30 in The Income Tax Act, 1961 [Entire Act]
Section 90A in The Income Tax Act, 1961 [Entire Act]
Commissioner Of Income-Tax vs Vr. S.R.M. Firm And Others on 15 March, 1994
Similarly, in case of W.N.S. Global Services
(supra), the Tribunal was dealing with the omission of section and its
operation in the succeeding years. Thus, none of these judgments are
applicable on the issue of substitution of the provisions of the Act because in
the present case, this section has been substituted later without any
substantial change as the language of the section remains exactly the same.
This does not mean that any action taken under section 90 prior to its
Essar Oil Limited
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substitution cannot be enforced at all in the year in which they were
applicable. He further reiterated that Explanation (3) to section 90, which
was brought in statute with retrospective effect from 1st October 2009 only
reinforce the intention of the legislation that any notification issued, would
be applicable from the date of agreement. There cannot be two different
meaning of the phrase "may be taxed" one prior to notification and other
after the notification. This cannot be the intention of the legislature. The
notification only clarifies the meaning and the intention of the Government
and does not impose any kind of tax liability. Under The General Clauses Act,
1897, any notification issued under the specific provision of a statute
continues until it is withdrawn by subsequent amendment. The insertion of
Explanation (3) has set at rest that notification issued will apply from the
date of the agreement and there is no ambiguity in law.