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The Chief Commissioner Large Tax Payers Unit Vs. Tnt India Pvt. Ltd.

Court : Karnataka

..... and thirdly, a demand was made for payment of the service tax immediately without complying with the procedure envisaged under the act by issuing a show-cause notice in the first instance, the respondent-assessee challenged the said order dated 9.1.2006 before the cestat by invoking section 86 of the finance act, 1994, in which a contention was raised by the revenue that such an appeal was not maintainable and that ..... we direct the competent authority to pass an order after giving an opportunity of being heard to the respondent-assessee and complying with all other mandatory requirements of section 73 or 84 of the finance act as the case may be and pass fresh orders in accordance with law.therefore substantial questions of law no. ..... written by the commissioner of service tax is an 'order' and therefore appealable under section 86 even when the said letter/order is not passed under sections 73, 83a, 84 or 85 of finance act, 1994?4.2 whether 'international freight'' activity of the assessee fall under entry in section 65(105)(f) of finance act, 1994 as clarified in board's circular f. no. ..... on behalf of the respondent that the appeal filed before the tribunal and the same was maintainable in view of the procedure envisaged under section 84 of the finance act, 1994 was not complied with by the department before passing the order dated 9.1.2006 and that the order impugned before the tribunal was in fact an order under section 84 of the said act and not just a letter or a communication. .....

Commissioner of Central Excise Vs. Sunitha Shetty

Court : Karnataka

Reported in : 2004(174)ELT313(Kar); 2006[3]STR404

..... 100/- per day is not prescribed under section 76 of the finance act, 1994, and therefore the questions formulated above are required to be referred to this court for consideration. ..... whether the reviewing authority's interpretation of provisions of section 76 of the finance act, 1994 in order-in-review no. ..... 200/- under section 77 of the finance act, 1994 for failure to furnish the st-3 returns in time in the proceedings arising in c. no. ..... 250/ under section 76 of the finance act, 1994 for non-payment of service tax and penalty of rs. ..... 8/2002, dated 29.1.2002/1.2.2002 wherein it was interpreted that the minimum penalty imposable under section 76 of the finance act, 1994 is rs. ..... as noticed by us earlier, the deputy commissioner has proceeded to levy the penalty in exercise of the discretion conferred on him under section 80 of the act and not on an interpretation of section 76 of the act, which mandates the levying of penalty of rs. ..... 100/- per day, a reading of the order annexure 'b' indicates to us that he has exercised the power conferred on him under section 80 of the act having regard to the facts and circumstances of the case. ..... sri sharma is unable to dispute that notwithstanding section 76 of the act, which prescribes for the levy of minimum penalty of rs. ..... 100/- per day, the authority has the discretion under section 80 of the act to waive the penalty.6. ..... 8/2002, dated 29.1.2002/1.2.2002 that minimum penalty imposable under the said section is rs. .....

Commissioner of Income-tax Vs. Bharath Earth Movers Ltd.

Court : Karnataka

Reported in : [1998]234ITR535(KAR); [1998]234ITR535(Karn)

..... by the finance act, 1988, with effect from june 1, 1988, was again amended by the finance act, 1989, with retrospective effect from june 1, 1988, to the effect that where any order referred to in the sub-section and passed by the assessing officer had been the subject-matter of any appeal (filed on or before or after the 1st day of june, 1988), the powers of the commissioner under the sub-section shall extend and ..... put by the supreme court in the case supra, explanation (c) added to section 263(1) as amended by the finance act of 1989, would not make any difference in the present case as it is not clear from the statement of the case as to whether the subject-matter in appeal before the appellate authority was other than what had been considered by the commissioner while exercising his revisional powers under section 263(1). ..... explanation (c) added to section 263(1) was further amended by the finance act of 1989, with retrospective effect which ..... ' explanation (c) amended by the finance act of 1989, with effect from june 1, 1989, was interpreted by the ..... opinion :'whether, on the facts and in the circumstances of the case, the tribunal was right in law in cancelling the order of the commissioner passed under section 263 of the income-tax act, on the ground that the commissioner had no jurisdiction to invoke the provision of section 263 when the commissioner (appeals) had already passed an order in an appeal for the assessment year 1983-84 and the order sought to be revised by .....

C.P. Appanna Vs. State of Coorg and anr.

Court : Karnataka

Reported in : AIR1958Kant102; AIR1958Mys102; (1958)36MysLJ73

..... ' this can only refer to the indian income-tax act, 1922, as it stood amended at the date of the indian finance act, 1939, and necessarily includes the alterations made by the amending act, which had already come into force on 1-4-1939. ..... by a further regulation which was enacted by the governor of bihar, acting under section 92(2) of the government of india act, 1935, it was provid-ed that the indian finance acts of 1938 and 1939 should be deemed to have come into force in that area on 26-3-1938 and 30-3-1939 respectively ..... when we turn to the finance act of 1946, sub-section (9) of section 11 makes this provision: 'for the purposes of this section and of the rates of tax imposed thereby, the expression 'total income' means total income as determined for the purposes of income-tax or super-lax, as the case may be, in accordance with the provisions of the indian income-tax act, 1922, and the expression 'earned income' has the meaning assigned to it in clause (6aa) of section 2 of that act. ..... said notification and also in order that a legislative council may be constituted for the province of coorg and to make provision for the matters referred to in section 76 of the act in respect of the said legislative council, rules known as the coorg electoral rules were made under sub-section (5) of section 47 of the government of india act, 1919, which came into force on october 30, 1923, by a notification issued by the governor general in council- those rules provided for the composition of .....

Commissioner of Income-tax Vs. Hotel Ayodya

Court : Karnataka

Reported in : (1993)109CTR(Kar)106; [1993]201ITR1002(KAR); [1993]201ITR1002(Karn); 1993(37)KarLJ140

..... cit : [1985]154itr53(kar) is a decision of this court which was concerned with section 2 (8) (c) of the finance act, 1975. ..... the decision is under section 2 (7) (d) of the finance act, 1966. ..... this decision is based on the definition of industrial company in section 2 (6) (d) of the finance act, 1968. 7. ..... section 32a nowhere defines the term 'industrial undertaking' in the manner the term 'industrial company' was defined in the several finance acts, considered by the kerala and madras high ..... in respect of the assessment year 1981 - 82, the following question has been referred for our consideration under section 256(1) of the income-tax act, 1961 : 'whether on the facts and in the circumstances of the case, the assessee which is doing business of running a hotel is entitled to investment allowance under section 32a in respect of the new machinery installed in the previous year relevant to the assessment year 1981-8 ?' ..... the particular provision of the finance act with which we are concerned here prescribes specific rates of tax and the assessee seeks to be included within the definition of the term 'industrial company', so as to get the benefit of the lesser rate of ..... particularly when pitted against the expression used by the legislature in sub-clause (iii) of clause (b) of sub-section (2) of section 32a, the assessee who claims investment allowances has to be an assessee carrying on the business of manufacturing or producing any article or ..... district judge alleppey [1965] klj 487 ). .....

Y.D. Nanje Gowda Vs. Union of India and anr.

Court : Karnataka

Reported in : ILR1985KAR955; [1985]152ITR618(KAR); [1985]152ITR618(Karn)

..... section 2 of the finance act, 1974, also made corresponding amendments in the i.t. ..... we notice that the taxation law (amendment) act, 1970, and the finance (no.2) act, 1971, have plunged the leakage of tax through the device of throwing self-acquired property into the common hotchpot by and the income-tax act, 1961, the wealth-tax act, 1957, and the gift-tax act, 1958. ..... sri prasad has contended that the amendment made to the act by the finance acts subjecting an huf with one member whose net wealth exceeds rupees one lakhs to higher rate of tax was discriminatory, irrational, arbitrary and was violative of art. ..... the effect of the amendments made by the said finance acts and in particulars by the finance act of 1974 was to increase the rate of taxes on an huf, when such an huf had one member whose wealth exceed rs. ..... the finance act of 1976 again amended the rates only retaining the clause in principle effected in the finance act of 1974. ..... sarangan, learned counsel for the respondents, refuting the contention of sri prasad has urged that the amendment made by the finance acts was not violative of art. ..... 14 of the finance act, 1974 which is material reads thus ([1973] 88 itr 35 : 'clause 20 seek to make certain amendments in part i of the schedule to the wealth-tax act relating to rates of wealth-tax. ..... union of india : [1983]139itr887(all) , a division bench of the allahabad high court dealing with the corresponding amendment by the finance act of 1974 to the i.t. .....

K.V. Abdulla Vs. Income Tax Officer and anr.

Court : Karnataka

Reported in : [1986]161ITR589(KAR); [1986]161ITR589(Karn)

..... agricultural income has to be excluded in computing the total income of an assessee and agricultural income not being income forming part of the 'total income' on which no tax is payable under chapter vii, the provisions of the finance act which provides for aggregating the agricultural income with the net income of the assessee for purposes levying tax is without competence. 10. ..... senior standing counsel for the revenue, argued that the finance act, had only provided for aggregation of 'agricultural income' with the other income of and assessee and it is only the 'total income' as determined under the act was taxed, and not the agricultural income and the provisions providing for aggregation was within the competence of parliament under item 82 in list i of seventh schedule to the ..... harbhajan singh dhillon : [1972]83itr582(sc) it was argued the certain provisions incorporating amendments to the relevant provisions of the wt act, 1957, having the effect of including the capital value of agricultural lands in computing the net value for the purpose of wealth tax suffers from legislative ..... section 2 of the finance art which is relevant for our purpose reads thus : '2(1) subject to the provisions of sub ..... section 4 of the act provides that the income-tax charged at the rate or rates fixed on every person on the income of previous year of the ..... section 10(1) of the act, provides that the agricultural incomes shall not be included in computing the 'total income' of the previous year of a .....

Commissioner of C. Ex. Vs. Vishwanatha Karkera

Court : Karnataka

Reported in : 2009[14]STR9; [2009]21STT213

..... as per section 76(1)(b)(ii) of the finance act, 1994, the concerned officer is entitled to levy penalty a sum which is not less than rs. ..... in this background, we have examined the provision of section 76 of the finance act, 1994.5. ..... according to the learned counsel for the appellant there is no provision under the finance act, 1994 enabling the commissioner to reduce the penalty levied by the original authority. ..... he further contended that when there is no provision under the finance act to reduce the penalty, the commissioner as well as the tribunal have committed a serious error in reducing the penalty from rs. ..... this appeal is filed under section 35 of the central excise act by the commissioner of central excise, mangalore challenging the order passed by the cestat, bangalore in appeal no. ..... even though there is no provision under section 76 to reduce the penalty, it does not mean that the appellate court is not vested with the power to reduce the penalty, if the discretion is not exercised by the original authority judiciously. ..... 5,000/- under section 76 of the act. .....

Confederation of Real Estate Developers' Association of India (Karnata ...

Court : Karnataka

..... petitions are filed under articles 226 and 227 of the constitution of india praying to declare that the provisions of finance act, 1994 as amended by finance act, 2010 introducing an explanation to section 65(105) (zzq) and 65(105) (zzzh) and a new entry(zzzzu) in section 65 (105) of the finance act 1994 is unconstitutional void and ultra vires and etc. ..... in these writ petitions, the petitioners are challenging the constitutional validity of the explanations to clauses (zzq) and (zzzh) and clause (zzzzu) of sub-section 105 of section 65 of the finance act, 1994 ('the act' for short). ..... that presently 75% of the gross value of construction is exempted from service tax vide notification dated 22.06.2010, issued by the central government in exercise of the power under section 93(1) of the finance act, 1994. ..... is some element of service in the process of construction and sale of flats, the measure of tax could be only the service component and not the gross amount charged for the construction as per section 67 of the act; as the measure of tax is notional, in the sense the service component is not taken as the measure, the impugned provisions are unconstitutional. ..... aforesaid provisions were inserted by the finance act, 2010 with effect from 1st july ..... 4.1 scheme of the act: chapter v of the finance act, 1994 relates to ..... subject matter of the impugned provisions will fall within the ambit of entry 92c of list i which was inserted by the constitution (eighty-eighth amendment) act, 2003 w.e.f. .....

Mysore Kirloskar Ltd. and ors. Vs. Union of India and ors.

Court : Karnataka

Reported in : (1986)53CTR(Kar)128; [1986]160ITR50(KAR); [1986]160ITR50(Karn)

..... section 40a(8) of the act enacted by the finance act of 1975 which also stands omitted by the finance act of 1985 from april 1, 1986, ..... section 43b of the act inserted by the finance act of 1984 with effect from april 1, 1984 ..... section 40a(9) and (10) of the act were introduced by the finance act of 1984 giving them retrospective ..... these sections were introduced by the finance act of 1983 with ..... section 10 of the finance act of 1984 read thus ( ..... section 37(3a) has been omitted from april 1, 1986, by the finance act ..... on, as its principal business, the acquisition of shares, stock, bonds debentures, debenture stock, or securities issued by the government or a local authority, or other marketable securities of a like nature; or (iii) a housing finance company, that is to say, a company which carries on, as its principal business, the business of financing of acquisition or construction of houses, including acquisition or development of land in connection therewith; (iv) a loan company, that is to say, a company not being a company referred to in sub-clauses (i) to (iii) ..... are of the opinion that act xxii of 1947 which amended the indian income-tax act, 1922, by enlarging the definition of the term 'income' in section 2(6c) and introducing a new head of income in section 6 and inserting the new section 12b is intra vires the powers of the central legislature acting under entry no. ..... this amendment will take effect from 1st april, 1976, and will accordingly apply in relation to the assessment .....