Court : Supreme Court of India
Reported in : JT2007(5)SC311; 2007(5)SCALE429; 2007(1)LC0515(SC); (2007)6VST783(SC); 2007AIRSCW3071; JT2007(5)SC311; 2007-08(6)VATToday128; 2007(2)KCCRSN81; 2007(4)AIRKarR295
..... before 01.4.1996 adopting the basis of 'taxable turnover' for levy of tax stand automatically validated by the validation clause at section 7 of the amendment act. (v) assessments if any completed by allowing the deductions of the amounts relatable to goods purchased from another registered dealer liable to tax, such ..... of the above, the following revised instructions are issued: (i) section 5c was substituted retrospectively w.e.f. 01.4.1986 by amending karnataka taxation laws (second amendment) act, 1996. the newly substituted section 5c provides for levy of tax on the 'taxable turnover' in respect of transfer of the right to ..... of the commissioner ofcommercial taxes in karnataka, bangalore - 560 009dated 23.10.1999commissioner of commercial taxescircular no. 31/99-2000 sub: kst act, 1957 - amendment of section 5c by karnataka taxation laws (amendment act 1996) - certain instructions -reg. ref: commissioner of commercial taxes circular no. 5 of 1996-97 dated april 1996. in commissioner .....
Tag this Judgment!Court : Delhi
Reported in : AIR1987Delhi239; 117(2005)DLT753
..... statute is intended to confer benefit on any class of persons clearly a beneficial interpretation would subserve if the object. but here, as we have pointed out earlier, the amendment act had a twin object in view. one was no doubt beneficial to land owners, viz,, to curtail the period for a section 6 declaration in future from 3 years ..... (1) of section 4 is held up on account of stay or injunction by order of a court'. the maharashtra legislature had enacted a more elaborate provision by an amending act (xxxix of 1972) which provided that 'where a declaration under section 6 could not be made before the expiry of the specified period....due to stay or injunction by ..... with a view to see how far it clarifies certain ambiguities that may be there otherwise and how far it provides additional support to the dominant objects of the amendment act so as to make it meaningful and purposeful.10. now we turn to the explanationn. this provides for an extension of the period of one year or three .....
Tag this Judgment!Court : Chennai
Reported in : (1992)IILLJ128Mad; (1992)IMLJ263
..... . here the controversy does not center round a bare interpretation of the settlement. larger questions are involved. one is as to the application of the amended provisions of the act to the situation spoken to in the settlement. the other is with regard to the question as to whether the disbursement under the settlement already done ..... judge was of the opinion that when the right to receive bonus and the rate as well already settled, the enquiry into the impact of the amendments introduced into the act will only partake the character of computation of the benefits and in this view, the learned single judge found no lack of jurisdiction on the part ..... the admitted position is disbursement of bonus for the year 1984 as per the above settlement did take place. subsequently the payment of bonus act, 1965, hereinafter referred to as the act, was amended by the payment of bonus (second amendment) ordinance, 8 of 1985, and the parties are at loggerheads only with reference to the application of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1368; [1967]3SCR50
..... . m. d. chamarbaugwala : [1957]1scr874 upheld the validity of the bombay lotteries and prize competition control and tax act, 1948 (bom. liv of 1948), as amended by the bombay lotteries and prize competition control and tax (amendment) act (bombay act xxx of 1952). one of the questions raised was whether gambling was business or trade or commerce ..... the orissa high court in ranchhorlalji v. revenue divisional commissioner, northern division, sambalpur : air1960ori88 maintained the validity of the provisions of the orissa cinema (regulation) act, 1954, on the ground that it did not infringe the fundamental right guaranteed under art. 19(1)(g), read with art. 19(6) of the constitution ..... the respondents refused to renew their licences to carry on the said business in the said localities. they also pleaded that under the excise act, 1958, hereinafter called the act, the issuing of licence was at the discretion of the excise commissioner and he had, having regard to the complaints received, bona .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2000)160CTR(SC)225
..... 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 .....
Tag this Judgment!Court : Kerala
Reported in : AIR1992Ker224
..... in view of the doubts expressed in the referring order, we are dealing with the matter on the merits.11. the statement of objects and reasons to the amendment act 27 of 1979 which we have extracted earlier gives an indication of what the legislature wanted to achieve. it is permissible to look into the circumstances which prevailed ..... laid down in the guidelines drawn up on the basis of the chief ministers' conference was against the discrimination based on different systems of personal laws. the 1972 amendment act was intended by the legislature to effectuate the national policy guidelines. but it could not be given effect to due to the judgment dated 5-11 -1974. ..... hold land in excess of the ceiling limit with effect from the date notified. the date notified is 1-1-1970. section 84 as it stood after the amendment acts 35 of 1969 and 17 of 1972dealt with voluntary transfers effected by a person during certain specified periods. subsection (1) lays down that all voluntary transfers effected .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1940Cal451
..... proper order for the court would have been an order for dismissal under the provisions of section 8-b(3), court-fees act, as amended in bengal by act 7 of 1935 and not an order rejecting the plaint under the provisions of order 7, rule 11, civil p.c. ..... of 8. 7 shall not be deemed to be a question relating to valuation.5. on the section as it stood before its amendment by act 7 of 1935 (b.c.), there was a series of decisions in which the view was maintained that section 12 had no application ..... 4. this paragraph stood in the same form since 1870. it is only para. 2 that has been amended in bengal by the act 7 of 1935. by the same act (bengal act, 7 of 1935) an explanation was added to the section. the explanation is in these terms:for ..... by which the amount of court-fees payable had been determined and also the order of 5th february 1937 by which her application for amendment of the plaint had been refused. on the next day, viz., on 6th april, she made an application to the learned subordinate .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1990)34ITD268(Mum.)
..... any time after the 31st day of march 1948. later on, the taxation laws (extension of merged states and amendment) act, 1949 (18 itr - statutes - page 22) indicated that the expression used in clause (ii) under this act was "within a period of three years from the 1st day of april 1948. the report of the select ..... 1966. the minister of finance had announced in the lok sabha during its previous session that it was intended to amend the it act for extending the period of this concession. accordingly it is proposed to amend the act to secure that the aforesaid tax concession will be available to industrial undertakings going into production during the 5 years ..... mentioned in the eleventh schedule. in such cases, therefore, the production must have commenced on or before 31 march, 1979.while commenting on the amendment brought out under the finance act of 1975 in terms of which the period of 31 years was extended to 33 years, the learned authors chaturvedi & pithisaria have made the following .....
Tag this Judgment!Court : Chennai
Reported in : [1997]228ITR789(Mad)
..... april, 1975, and as a consequence of the amendment, s. 7a is introduced therein which provides as follows : '7a. compulsory deposit to ..... under its authority to impose any tax the compulsory deposit scheme is created under the act. 4. the larger contention aside, however, we have found in the instant case that the compulsory deposit scheme (income-tax payers) act, 1974, has been amended by the finance act (44 of 1980), and its operation is made retroactive w.e.f. 1st ..... therein were/are not governed by the banking regulation act, 1949. in the absence of the amendment aforementioned there could be a deposit in a bank to which the banking regulation act applies as well as to a bank to which the banking regulation act did not apply. the amendment has removed the anomaly and has made all deposits .....
Tag this Judgment!Court : Chennai
Reported in : (1998)147CTR(Mad)192
..... april, 1975, and as a consequence of the amendment, s. 7a is introduced therein which provides as follows :'7a. compulsory deposit to be ..... under its authority to impose any tax the compulsory deposit scheme is created under the act.4. the larger contention aside, however, we have found in the instant case that the compulsory deposit scheme (income-tax payers) act, 1974, has been amended by the finance act (44 of 1980), and its operation is made retroactive w.e.f. 1st ..... therein were/are not governed by the banking regulation act, 1949. in the absence of the amendment aforementioned there could be a deposit in a bank to which the banking regulation act applies as well as to a bank to which the banking regulation act did not apply. the amendment has removed the anomaly and has made all deposits .....
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