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Singapore Airlines Ltd. Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : Customs

Acts : Customs Act, 1962 - Sections 129DD; Finance Act, 1979 - Sections 35(2), 35A(1) and 38(3); Finance Act, 1997 - Sections 38; Foreign Travel Tax Rules, 1979 - Rules 4, 9 and 10A

Reported in : 2004(73)DRJ168; 2004(94)ECC332; 2004(175)ELT89(Del)

imposing a penalty of Rs.2,07,840/- under Section 35A(1) {clarified in the impugned order as Section 38(3)} of the Finance Act, 1979 (as amended){for short the Act} read with Rule 4 of the Foreign Travel Tax Rules, 1979 (as amended),

M/S.Malaysian Airlines. M/S.Saudi Arabian Airlines. and ors Vs. the Un ...

Court : Mumbai

Subject : Service Tax

Acts : Constitution Of India - Article 226

under Article 226 of the Constitution of India are challenging imposition of penalty under section 38(3) of the Finance Act, 1979 ("Finance Act" or "Act" for short) for delay in payment of Foreign Travel Tax ("FTT" for short) to … 2nd September, 2002, a showcause notice was issued to the petitioner proposing to levy interest of Rs.5,273/ under section 35A and penalty under section 38(3) of the Finance Act. They replied the same vide their reply dated 16th

Commissioner of Income-tax Vs. Gujarat State Fertilizers Co. Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32A, 43(1), 43A and 43A(1)

Reported in : (2003)179CTR(Guj)266; [2003]259ITR526(Guj)

(No. 2) Act of 1967, with effect from April 1, 1967, whereas Section 32A was inserted by the Finance Act, 1976, with effect from April 1, 1976. Hence, the non obstante clause in Section 43A could not have … rebate. Section 43A(1) itself refers to Section 35(1)(iv) {capital expenditure on scientific research related to the business) and Section 35A (capital expenditure on acquisition of patent rights or copy- rights) which are also one time allowances. There are … years 1976,1977 and 1978 (relatable to the assessment years 1977-78, 1978-79 and 1979-80) increased by reason of fluctuation in the foreign exchange rate. The assessee

Precision Fastners Ltd. Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Excise

Reported in : (1989)(19)ECC58

door screens would be classifiable under item 34-A prior to the amendment of this tariff item by the Finance Act, 1979 and under item 68 after the amendment, and not under item 23-A (4) as "glass and glassware". After … 68 from 10-5-1979. The Collector of Central Excise, Bombay-II reviewed the said order of the Assistant Collector under Section 35A as then existed, and after issuing necessary show cause notice and giving personal hearing, held that tariff item

Gujarat Alkalies and Chemicals Ltd. Vs. Deputy Commissioner of Income ...

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2002)82ITD135(Ahd.)

i.e.., 1st April, 1999. According to the learned counsel, the legislative intention in introducing Section 35AB by the Finance Act, 1985, w,e.f. 1st April, 1986, and thereafter substituting the same by a new provisions allowing depreciation on the … income filed by the assessee-company for asst. yr.1995-96 the assessee claimed deduction of technical know-how fees under Section 35AB amounting to Rs. 6,26,70,890. In the note enclosed with the return the assessee, however, claimed that deduction on

Aps-star Industries Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2003)86ITD182(Ahd.)

considered opinion provisions of Section 35AB are clearly applicable in the instant case. Section 35AB, inserted by the Finance Act, 1985 lays down that where an assessee has paid in any previous year "any lump sum consideration for … on the decision of the Tribunal dt.27th June, 1994, in assessee's own case for asst. yrs. 1978-79 and 1979-80 in ITA Nos. 2825 & 2826/1988 whereby in view of Expln. 8 to Section 43(1) as well as … restricting the allowance at l/6th of the amount actually paid/remitted under Section 35AB instead of total amount payable under the agreement." The AO has discussed

B. Vijayakumar Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (1987)20ITD254(Mad.)

of 1975, dated 17-12-1979] which relates to similar amendment made to Section 18 of the Act by the Finance Act, 1969. Following respectfully, the aforesaid judgment we hold that the Commissioner was justified in invoking his revisionary jurisdiction … was pending before the AAC, the Commissioner revised the order of the ITO to cancel the relief under Section 35A of the 1961 Act granted and the High Court upheld the revisionary order of the Commissioner. Following respectfully

Tips Cassettes and Record Co. Vs. Asstt. Cit

Court : Mumbai

Subject : Direct Taxation

Reported in : (2002)76TTJ(Mumbai)396

elaborate discussions on various aspects. It has been found that the provisions of section 35A were introduced by Finance Act, 1966, to allow deduction of expenditure incurred on acquisition of copyrights. Prior to this, the same was allowed

T.S. Arumugham Vs. Lakshmi Vilas Bank Ltd. and Others

Court : Chennai

Subject : Company

Reported in : [1994]80CompCas814(Mad); (1992)IILLJ210Mad

the following matters, viz., (i) accountancy (ii) agriculture and rural economy (iii) banking (iv) co-operation (v) economics (vi) finance (vii) law (viii) small-scale industry (ix) any other matter the special knowledge of and practical experience in which … the representatives of the offices association and the management on April 24, 1979, wherein the first respondent-bank agreed to co-opt the writ petitioner as one … writ of mandamus directing the Reserve Bank of India, Madras, the third respondent herein, to take action under section 35A of the Act and directing the respondent Nos. 1 and 2 to fill up the vacancies caused by

Fit Tight Nuts and Bolts Ltd. Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Excise

Reported in : (1985)(21)ELT717TriDel

parts and accessories of Motor Vehicles not otherwise specified". However, by virtue of an amendment made through the Finance Act, 1979, Item 34A was amended so as to cover only 15 specific items.This change became effective from 10-5-1979. It … out of the Order-in-Revision No. 23-R/84, dated 16-4-1984 passed by the Central Board of Excise and Customs under Section 35A, Central Excises and Salt Act. By that order, the Board set aside the Order-in-Original No. V. 52(30) 3/74-CXI,