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Uniworth Textiles Ltd. Vs. Commissioner, Customs of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2003)LC321Tri(Mum.)bai

..... or under any other law for the time being in force on like goods imported into india. section 3 of the central excise act was also amended retrospectively by the finance act, 2000.the amended provision is extracted below:- "provided that the duties of excise which shall be levied and collected on any excisable goods which are produced or manufactured,- ..... shall, notwithstanding anything contained in any other provision of this act, be determined in accordance with the provisions of the customs act, 1962 (52 of 1962) and the customs tariff act, 1975 (51 of 1975)." 3. in view of these amendments made to section 3 of the central excise act and to notification no. 2/95, it is clear that ..... to 28.02.2000.2. notification no. 2/95 was amended by notification no. 38/99-ce dated 16.09.1999. after this amendment, the notification exempted the impugned goods from so much of duty of excise leviable thereon under section 3 of the central excise act as in excess of amount calculated at the rate 50% of .....

National Agricultural Co-op. Vs. Joint Cit, Spl. Range 14

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)4SOT862(Delhi)

..... substituted with effect from 1-4-1968, by the following the aforesaid bill was passed by the parliament in january, 1999. the bill became the income tax (second amendment) act, 1998, no. 11 of 1999. the decision of the hon'ble supreme court in the case of kerala state co-operative marketing federation ltd. (supra) was rendered ..... iii) on income from marketing of agricultural produce of its members amounting to rs. 10,19,95,000. vide income tax (second amendment) act, 1999, the provision of section 80p(2)(a)(iii) have been amended. section 80p(2)(a)(iii) reads as follows: the assessee is an apex co-operative society having its members primary co-operative ..... read with section 143(1a) and section 4 and also the intimation sent by the assessing officer levying additional tax. high court noticed that section 28 of the act was amended with retrospective effect from 1-4-1967 and observed that : "an assessee cannot be imputed with clairvoyance. when the return was filed, the assessee could not .....

Mitsui Steamship Co. Ltd. Vs. C.i.T., West Bengal, Ii, Calcutta

Court : Supreme Court of India

Reported in : AIR1975SC657; [1975]99ITR7(SC); (1975)1SCC394; [1975]3SCR467; 1975(7)LC212(SC)

..... year 1962-63, deduction of amounts paid on account of wealth-tax. the ordinance was later repealed and replaced by the income-tax (amendment) act, 1972 (41 of 1972) containing similar provisions. the amendment act which received the assent of the president on august 28. 1972 sought to restore, as the statement of objects and reasons says, the ..... charged, but does not include any tax chargeable with reference to the value of any particular asset of the business or profession; 11. section 4 of the amendment act which bears directly on the appeals before us provides:4. wealth-tax not deductible in computing the total income for certain assessment years.-nothing contained in the ..... have the same meaning as is assigned to it in the explanation to sub-clause (iia) of clause (a) of section 40 of the principal act. section 5 of the amendment act contains a saving clause to which it is not necessary to refer for the purpose of these appeals.12. we have mentioned earlier the assessment years concerned .....

Smt. Viroj Kunwar and Others Vs. Ii Additional District Judge and Othe ...

Court : Supreme Court of India

Reported in : AIR1996SC2996; JT1995(9)SC297; 1995(7)SCALE317; (1996)1SCC570; [1995]Supp6SCR227

..... is to be computed and surplus land determined. sub-section (1) evidences that 'on and from the commencement of the u.p. imposition of ceiling on land holdings (amendment) act, 1972, no tenure-holder shall be entitled to hold in the aggregate throughout uttar pradesh, any land in excess of ceiling area applicable to him'. sub-section [3] ..... independent tenure-holder when her husband is a tenure-holder within the meaning of section 3(17) of the act. if construction is adopted, it is consistent with the provisions of the act for the reason that under the amendment act judicially separated wife has been brought in for computation of the aggregate of the ceiling area under section 5 ..... respondent no. 3 as a tenure-holder submitted his return under section 10 of the u.p. imposition of ceiling on land holdings act, 1960 as amended by u.p. act 18, 1973 (for short,'the act')- he was declared surplus-holder of the agricultural land. he surrendered the land of an extent of 30 bighas 13 biswas and 3 .....

Commissioner of Income-tax Vs. Jose Thomas

Court : Kerala

Reported in : (2002)173CTR(Ker)336; [2002]253ITR553(Ker)

..... context, we find that the definition in the section is not helpful. therefore, the reference to 'turnover' as defined in the kgst act pursuant to the constitution (46th amendment) act has significance. the turnover on works contract defined in explanation 1(a)(i) to section 2(xxvii) is as follows :'turnover in respect ..... foods division is patently untenable. however, we feel the assessing officer did not strictly comply with the formula provided under section 80hhc(3) of the act for the purpose of computation of eligible profit from export business. this is because the assessing officer has applied the formula : _____________export turnover__________ x ..... the cost of flats constructed and given to customers for the purpose of computation of eligible export profit under section 80hhc(3) of the income-tax act =rs. 2,66,50,238, the assessee's manner of computation for deduction of export profit undersection 80hhc export turnover = __________________________________________ x net income .....

Anglo French Textiles Ltd. Vs. Income-tax Officer and anr.

Court : Chennai

Reported in : [1976]103ITR282(Mad)

..... 16th august, 1962, by the addition of the ninth item to part ii of the first schedule to the constitution by the constitution (fourteenth amendment) act, 1962. thereafter, the pondicherry (administration) act; 1962, was enacted providing for the continuance in force of all laws in force immediately before the 16th august, 1962, in the former ..... conferred by article 240 of the constitution. the regulation extended to the union territories certain taxation laws with amendments. one of the laws so extended was the income-tax act of 1961, hereinafter called the act. clause 7 of the said regulation conferred power on the central government to remove any difficulty arising in ..... equal treatment which is part of the basic purpose and scheme of the indian income-tax act. 10. as regards the petitioner's contention that the impugned order is invalid as it virtually amends section 294a of the act inserted by the presidential regulation promulgated under article 240 pf the constitution, the case of the .....

Registrar of Restrictive Trade Vs. Rallis India Ltd. and anr.

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

..... agreement or arrangement between the respondents can constitute an agreement or arrangement between undertakings or an agreement or arrangement which can effect competition in any manner whatever within the meaning of the said act. this respondent, therefore, submits that, assuming whilst denying that the allegations in paragraph 10 of the said application are correct, ..... consent of the parties : "(1) whether the inquiry is incompetent or without jurisdiction for the reasons alleged in paragraph 1 or 2(a) of the amended written statement of the first respondent (2) whether the arrangement referred to in paragraph 10 of the application is an arrangement to siphon off or to reap ..... of civil procedure. thereafter, respondent no. 1 applied on 8th october, 1975, to the commission for amendment of its reply and the commission by its order dated the 20th october, 1975, granted leave to respondent no. 1 to amend its reply, inter alia, by adding paragraph 2-a to its original reply. the new paragraph " .....

Birla Tyres Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2004)267ITR1(Kol.)

..... of aop, boi and their members (refer to items, 5, 7 and 11 of the table given in para 2.3 ante). the combined effect of the amendments made by the amending act, 1987 and the amending act, 1989 in this respect is as follows : (i) a new clause (ba) has been inserted in section 40, which disallows deductions for any interest or ..... the maximum marginal rate. this new section 167a has, however, been omitted by the amending act, 1989, which has withdrawn the new scheme of taxation of firm and partners (refer to item 14 of the table given in para 2.3 ante). 11.2. insertion ..... higher than the maximum marginal rate, then the entire income of the association or body would be taxed at such higher rate. note : it may be clarified that the amending act, 1987, substituted the old section 167a relating to taxation of certain aop at the maximum marginal rate by a new section 167a, which provided for taxation of firms at .....

V.M. Salgaocar and Bros. Pvt. Ltd. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Reported in : [2000]243ITR383(SC); JT2000(4)SC473; 2000(3)SCALE240; (2000)5SCC373; [2000]2SCR1169

..... a concessional rate. this aspect has been recognised by the statute itself and to bring such items in the net of taxation, the law was amended by the taxation laws (amendment) act, 1984. by this amendment, as already indicated, a new sub-clause (vi) was inserted in section 17(2) and, similarly, another sub-clause (vi) was inserted ..... and for the purpose of computation, rule 3(2) was attracted and the principle underlying clause (vi) as inserted in section 17(2) by the taxation laws amendment act, 1984 could be looked at for the purpose. section 17(2)(iii) reads as under:'perquisite' includes ...(iii) the value of any benefit or amenity granted ..... and non-chargeable interest on the debit balance in running account would not amount to providing perquisite. the appellate tribunal also observed that the taxation laws (amendment) act, 1984 for the first time provided that the difference in interest between the prescribed rate and that charged by an employer to the employee should be treated .....

Modi Rubber Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : 1996VAD(SC)153; 1996(56)ECC138; 1996(84)ELT173(SC); JT1996(5)SC307; 1996(4)SCALE516; (1996)4SCC573

..... take only the smaller amount in reckoning for the purpose of determination of value in section 4(4)(d)(ii). whatever may have been the position before the amendment of the act, the in view of the explanation to clause (d)(ii), the 'value' in section 4(4)(d)(ii) can no longer be computed by reference ..... in the statute. the assessable value can no longer be computed by reference only to the act and schedule without taking into consideration the effect of a notification under rule 8, where it exists. this is made doubly clear by amending the definition of the word assessable 'value' and clarifying that, for this purpose duty payable ..... would be the effective duty payable after taking the notification into account. this definition vitally alters the first stage of computation which was easily done under the act earlier without any reference to the notification .....