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The Commissioner of Income Tax-v Vs. Natraj Stationery Products (P) Lt ...

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80IA, 80IA(2), 80IB, 80IB(3), 143(1) and 260A; Finance Act, 1991; Finance Act, 1992; Finance Act, 1993; Finance Act, 1994; Finance Act, 1995; Finance Act, 1996; Finance Act, 1997; Income Tax (Amendment) Act, 1998; Finance Act, 1998; Finance Act, 1999

Reported in : (2009)222CTR(Del)430; [2009]312ITR22(Delhi); [2009]177TAXMAN168(Delhi)

undertaking.9. It would be relevant for the purpose of present appeals to note that by virtue of the Finance Act, 1999 with effect from 01.04.2000, Section 80-IA of the Act was bifurcated into two sections namely 80-IA and 80IB. … no distinction drawn between a small scale undertaking and any other industrial undertaking. In the assessment year 1994- 95, relevant to the initial year, the assessee would have been entitled to a deduction, subject to his fulfilling

Sat Kartar Trading Co. Vs. Commissioner of Income Tax

Court : Punjab and Haryana

Subject : Direct Taxation

Reported in : (2001)163CTR(P& H)175

filing of the declaration. For the sake of convenience, the relevant provision contained in section 95 of the Finance Act (No. 2) of 1998, may be reproduced as under :'95- Scheme not to apply in certain cases.-The provisions … declaration to him by registered post on 28-1-1999, and also faxed the declaration to his office on 29-1- 1999. After the said declaration had been filed, the petitioner on 12-2-1999, received a copy of the order dated

Mecpro Heavy Engineering Ltd. Vs. Union of India and Others

Court : Delhi

Subject : Excise

Acts : Central Excise & Salt Act, 1944 - Sections 6 and 11A(2); Central Excise Rules, 1944 - Rules 9(1), 49, 52A, 53, 173(B, C, F, G), 174 and 226; Finance (No. 2) Act, 1998 - Sections 87, 88, 89, 90(1) and 95; Narcotics Drugs and Psychotropic Substances Act, 1987; Prevention of Corruption Act, 1988; Prevention of Smuggling Activities Act, 1974; Special Court (Trial of Offences Relating to Transaction in Securities) Act, 1992

Reported in : 2001(59)DRJ99; 2001(76)ECC766

not disqualified in any manner from making a declaration under the Scheme with reference to the provision of Section 95 of Finance (No. 2) Act, 1998.'3. Petitioner's stand is that after acceptance of the declaration, the respondents were … of Kar Vivad Samadhan Scheme, 1998 (in short, the Scheme)(Chapter-IV OF Finance (No.2) Act, 1998 (in short, the Finance Act).2. After such declaration there was no scope for any demand as has been done. According to respondents, the

Cellular Operators Association of India and Others vs.union of India a ...

Court : Delhi

Subject : Service Tax

1st March, 2015. EC and SHE were also abolished and ceased to be payable on taxable services when Section 95 of Finance Act (No.2) 2004 and Section 140 of Finance Act, 2007 were omitted by Finance Act, 2015. … of EC on excisable goods and taxable services. SHE on excisable goods and taxable services was imposed vide Finance Act, 2007.3. Under the CENVAT Credit Rules, 2004 (CCR, for short), credit of EC and SHE was admissible and

Commissioner of Income Tax, Rajkot Vs. Shatrusailya Digvijaysingh Jade ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 87, 90, 95, 143(3), 246 and 264; Wealth Tax Act, 1957; Finance Act, 1998 - Sections 86 to 98

Reported in : AIR2005SC4000; (2005)197CTR(SC)590; 2005(192)ELT3(SC); [2005]277ITR435(SC); JT2005(8)SC50; (2005)7SCC294; 2005(2)LC1425(SC)

Kar Vivad Samadhan Scheme (for short 'the Scheme'). The said Scheme was contained in Chapter IV of the Finance Act and consisted of Sections 86 to 98 (both inclusive). The said scheme came into force w.e.f. 1.9.1998 in … Appeal/ Revision Revision___________________________________________________________________________________________1980-81 Appeal 13/15.01.99 Last Week of 15/22/23.2.99 Accepted Delay Jan., 1999 & 5.3.99 condoned1981-82 Appeal 13/15/01.99 Last Week of 15/22/23.2.99 Accepted Delay Jan., … revisions filed by the assessee were time barred and as such they were not 'pending' in terms of Section 95(i)(c) of the said Scheme. 2. The undisputed facts which lie within a very narrow compass are as follows:In

E.J. Thomas Vs. Assistant Commissioner of Income Tax and anr.

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act - Sections 264; Finance (No. 2) Act, 1988 - Sections 89 and 95

Reported in : (2005)199CTR(Ker)83; [2006]281ITR40(Ker)

petitioner had filed a declaration seeking the benefit of the Scheme as provided under Section 89 of the Finance (No. 2) Act, 1998. However, the designated authority, the CIT, took the view that the declaration submitted by … petitioner filed a revision petition against the above order on 29th Jan., 1999 along with a petition to condone the delay in filing the revision … with the controversy which has cropped up in this case. But a reference to the relevant portion of Section 95 of the Scheme is necessary which reads thus :'95. Scheme not to apply in certain cases.--The provisions of

C. Dhanapalan Vs. Cit

Court : Kerala

Subject : Direct Taxation

Reported in : [2001]119TAXMAN304(Ker)

Scheme makes an offer by the government for settling tax arrears, locked in litigation, by giving substantial discount. Section 95 of the Finance (No. s) Act, 1998 contemplates certain categories which are not entitled for the benefits under … the application of the Scheme itself. The Kar Vivad Samadhan Scheme, 1998 (the Scheme) was introduced in the Finance Act, 1998. The Scheme makes an offer by the government for settling tax arrears, locked in litigation, by giving … In the Kerala High Court Kurian Joseph, J. OP N0. 9199 of 1999 (T) 22 August 2001 - LAND ACQUISITION ACT, 1894 [C.A. No. 1/1894

Mr. Raya R. Govindarajan, Prop. Vs. the Asst. Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Chennai

Subject : Direct Taxation

Reported in : (2007)288ITR150(Chennai)

similar view.5. On the contrary, Shri K. Anangapal, the learned Departmental Representative (D.R.) submitted that the Parliament by Finance Act, 1999 provided for levy of surcharge over end above the rate of income tax prescribed under Sections 112 and … rate or those rates shall be charged in accordance thereto and subject to the provisions of the Act. Section 95, which was omitted by the Finance Act of 1965, contained similar provision with regard to super-tax. Although under

Swam Mills Ltd., a Company Incorporated Under the Companies Act, 1956 ...

Court : Mumbai

Subject : Excise

Acts : Finance Act, 1998 - Sections 89; Central Excise Act, 1944 - Sections 11AA; Customs Act, 1962 - Sections 142; Income Tax Act - Sections 246, 245D(4), 260A and 264; Wealth Tax Act - Sections 22D(4); Foreign Exchange Regulation Act, 1973; Narcotic Drugs and Psychotropic Substances Act, 1985; ;Terrorists and Disruptive Activities (Prevention) Act, 1987; ;Prevention of Corruption Act, 1988; Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 8, 9, 9(2), 9(3) 12A and 12A(6); ;Special Court (Trial of Offences Relating to Transaction in Securities) Act, 1992 - Sections 3(2); ;Kar Vivad Samadhan Scheme, 1998 - Sections 87, 90, 92 and 95; ;Constitution of India - Article 226; ;Indian Penal Code (IPC), 1860

operative from 1st September, 1998 to 31st January, 1999. The petitioners filed declaration under Section 89 of the Finance Act, 1998 before the Commissioner of Central Excise on 31st December, 1998. 4. The aforesaid declaration filed by the … 1997/18th May, 1998 was time barred and, therefore, it cannot be said that any appeal was pending under Section 95(ii)(c) of KVSS, 1998. He would submit that the appeal dated 2nd September, 1998 from the order-in-original dated 12th

Maruti Suzuki Ltd. Vs. Commissioner of Central Excise, Delhi-iii

Court : Supreme Court of India

Subject : Excise

Acts : Central Excise Tariff Act, 1985; CENVAT Credit Rules, 2002 - Rules 2, 3(1), 6, 6(1) and 14; Additional Duties of Excise (Textile and Textile Articles) Act, 1978 - Sections 3, 3(2), 4 and 4(2); Additional Duties of Excise (Goods of Special Importance) Act, 1957 - Sections 3; Finance Act, 2001 - Sections 65, 66 and 136; Provisional Collection of Taxes Act, 1931; Finance Act, 2003 - Sections 157; Customs Tariff Act - Sections 3; Provisional Collection of Taxes Act, 1931; Finance (No. 2) Act, 2004 - Sections 91, 93, 95; Central Excise Rules, 2000 - Rules 3(1), 7, 9 and 16(2); CENVAT Credit Rules, 2004

Reported in : 2009(168)LC87(SC); 2009(240)ELT641(SC); JT2009(11)SC8; 2009(11)SCALE446; (2009)9SCC193; [2009]18STJ323(SC); [2009]22STT54; 2009(7)LC3257(SC)

66 of the Finance Act; and(x) the Education Cess on taxable services leviable under Section 91 read with Section 95 of the Finance (No. 2) Act, 2004 (23 of 2004), paid on-(i) any input or capital goods received … Importance) Act, 1957 ( 58 of 1957);v. the National Calamity Contingent duty leviable under Section 136 of the Finance Act, 2001 (14 of 2001), as amended by Clause 161 of the Finance Bill, 2003, which clause has, by … the exemption under the notification numbers 32/99-Central Excise, dated the 8th July, 1999 [G.S.R.508(E) dated the 8th July, 1999] and 33/99-Central Excise dated the 8th