Court : Madhya Pradesh
Reported in : (2006)204CTR(MP)555
..... appeal or reference with the leave of the court, furnish proof of such withdrawal along with the intimation referred to in sub-section (2). '13. sub-section (2) of section 90 of the finance (no. 2) act, 1998 quoted above provides that the declarant shall pay the sum determined by the assessing authority within thirty days of the passing ..... the assessee and if so, whether such an appeal stood withdrawn when such an order was issued under sub-section (2) of section 90 of the finance (no. 2) act, 1998 by the designated authority.12. section 90 of the finance (no. 2) act, 1998 is quoted hereinbelow :'90. time and manner of payment of tax arrear(1) within sixty days ..... the material particulars and, therefore, the designated authority should be at liberty to take action in accordance with the said proviso to sub-section (1) of section 90 of the finance (no. 2) act, 1998.11. in this appeal we are not called upon to decide as to whether the material particulars furnished with the declaration by .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1988]173ITR126(MP)
..... gain on value of yarn entitlement ? (5) whether, on the facts and in the circumstances of the case, the amount of rebate allowable under section 2(5)(a)(ii) of the finance acts, 1964 and 1965, should be calculated by including in the export turnover the amounts representing the drawback of customs duty, refund of excise duty and ..... of the commissioner of income-tax : (4) whether, on the facts and in the circumstances of the case, the amount of rebate allowable under section 2(5)(a)(i) of the finance acts, 1964 and 1965, should be calculated by including in the export turnover the amounts representing the drawback of customs duty, refund of excise duty and ..... that it was not revenue expenditure. the income-tax officer also rejected the claim of the assessee that the amount of rebate allowable under section 2(5)(a)(i) and (ii) of the finance act in force, should be calculated by including in the turnover the amounts representing drawback of customs duty, refund of excise duty and premium .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1979]116ITR347(MP)
..... the year of assessment. during the assessment year 1966-67, the valuation date for which was the last day of diwali 1965, the firm made a voluntary disclosure under section 68 of the finance act, 1965, amounting to rs. 20,60,000 comprising of three items :(i) a sum of rs. 3 lakhs representing intangible additions in the assessment year 1957-58 ..... (m) of the act on the valuation date, viz., march 31, 1957, and was as such deductible in computing the net wealth of the company as on the valuation date.12. in h.h. setu parvati bayi v. cwt : [1968]69itr864(sc) , their lordships of the supreme court reiterated their view in kesoram industries and cotton mills ltd. v. cwt ..... his view that the tax paid on concealed income disclosed by an assessee under section 68 of the finance act, 1965, was not in satisfaction of any liability under section 3 of the indian i.t. act, 1922, or section 4 of the i.t. act, 1961, or that section 68 of the finance act, 1965, creates a new charge to tax, on an ad hoc basis, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2004]137STC269(MP)
..... be termed to be 'law' either within the scope and ambit of section 2(f) of the act or even otherwise. we are saying so, because on the touch-stone of section 84 read with section 86 of the act, without the issuance of the requisite statutory notification (under the provisions of bihar finance act, 1981), the policy resolution of 1995 by itself was not even enforceable ..... rai (1999) 1 scc 705 the apex court placed reliance on balbir singh air 1977 sc 629 and came to hold that section 88 of the punjab reorganisation act is similar to section 26 of bihar and u.p. (alteration of boundaries) act, 1968.13. in this regard we may profitably refer to a division bench decision rendered in the case of commissioner, commercial taxes .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1953]23ITR382(MP)
..... chargeability. the chargeability is left to arise by some other law, and that law is the previous state law referred to in section 13 of the finance act, 1950.'as to section 13 of the finance act, 1950, it was observed in the rajasthan high court decision that it kept alive the state law not only for the purpose of ..... the general words imposing the tax by reference to extraneous considerations such as the report of the indian states finance inquiry committee, or possible intention of the legislature gathered from other acts, and that section section 13 of the finance act, 1950, is perfectly intelligible if it is read as keeping alive the state law for the purposes of levy ..... 31st march, 1950, would be chargeable under the state law and not under the indian income-tax act. i am unable to agree with this reading of section 13 of the finance act, 1950. to my mind, section 13 of the finance act preserves the operation of the state law imposing income-tax, super-tax or tax on profits of business .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1969MP100; [1969]73ITR95(MP); 1969MPLJ61
..... for- payment of the amount specified in any notice of demand ended before 1st april 1965, and that there was nothing in section 220(2) or in the finance act, 1965, to indicate that the amendment made by section 53 of the finance act, 1965, in section 220(2) had such a retrospective effect. thus, according to the learned counsel, an assessee, to whom a notice under ..... from the petitioner interest at the rate of six per cent the department was not giving a greater retrospective effect to the amendment than that expressly stated in section 1 (2) of the finance act, 1965. to support his contention, learned counsel relied on venkatachalam v. bombay dyeing and mfg. co. ltd. : [1958]34itr143(sc) .8. in our judgment the plea of the ..... are allowed to be paid as under: rs. 1 crore by 15th march 1966 rs. 1.20 crores by 15th march 1967 rs. 1.34,76,999 by 15th march 1968. one of the terms is that the rate of interest on the unpaid dues will be 5% from 1-1-65 (it will be 4% upto 31-12-1964). the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(3)MPHT356
..... dated 29-4-2006 had expressed the opinion that the said service tax is recoverable from the service provider under section 65 (76-b) the provisions of the finance act on the packaging activities as inserted by finance act, 2005 and further service provider can pass on the liability to the retail contractors and accordingly dismissed the writ ..... another division bench of this court has delivered the judgment on 29-4-2006, holding that bottling of liquor is a packaging activity as defined in section 65 (76-b) of the finance act, 2005, on which service tax is payable.on a reading of judgment dated 29-4-06 of the division bench in vindhyachal distilleries pvt. ..... separate activity, but part of manufacturing activity and is not covered by 'packaging activity' as defined in section 65 (76 g) of the finance act, 2005 read with definition of 'taxable service' in section 65 (105) (zzzf) of the service tax act.(2) whether the decision in the case of som distilleries (supra), in para 11, that bottling .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1989]178ITR284(MP)
..... upholding the levy of penalty by the appellate assistant commissioner. it is thus clear that even in this case, reliance was not placed on the explanation added in section 271 by the finance act, 1964. it is, therefore, apparent that virtually, the tribunal, in its appellate order, placed reliance on the decision of the supreme court in cit v. ..... court in the case of cit v. mussadilal ram bharose : [1987]165itr14(sc) . the supreme court has pointed out that the explanation added to section 271(1) by the finance act, 1964, permits a presumption to be raised, but the said presumption was a rebuttable one. in the instant case, in view of the facts already ..... the addition of an explanation to section 271(1)(c) according to which the onus of proof is placed upon the assessee under certain circumstances. some more authorities may be noticed which are cit v. punjabhai shah : [1968]67itr337(mp) , cit v. satish churn law : [1969]71itr275(cal) , state of orissa v. maharaja shri b.p. singh deo : .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2009)20VST853(MP)
..... is contended that the law laid down in the case of laghu udyog bharati : 1999ecr53(sc) has not been altered by virtue of amendment and validating act, i.e., sections 116 and 117 of the finance act, 2000 and, therefore, the defect which was found by the apex court remains as it is. and the legislature has no authority to overrule a ..... as the liability of service tax on the transport operators remained in dispute all along before the courts.6. it is averred in the petition that sections 116 and 117 of the finance act, 2000 in so far as they seek to validate levy and recovery of service tax on the customers of goods transport operators is illegal and ultra ..... to the decision rendered in the case of west ramnad electric distribution co. ltd. v. state of madras : [1963]2scr747 , udai ram sharma v. union of india air 1968 sc 1138, hindustan gum & chemicals ltd. v. state of haryana : air1985sc1683 and eventually expressed the view as under:it is open to the legislature to remove the defect pointed .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2007)7VST197(MP)
..... the government to widen the nature of service tax, certain changes are made time to time by making amendment in the finance act. accordingly the packaging activity was inserted in section 65(76)(b) by finance act, 2005. it has to be seen in every case whether packaging activity of packaging of goods including pouch filling, bottling ..... packaging/sealing charges of rs. 2.25 per bottle.4. the petitioner m/s. vindhyachal distilleries pvt. ltd. got the registration certificate (p-6) under section 69 of the finance act. after registration the distillers demanded the service tax @ 10.2% on the packaging/sealing charges of rs. 2.25 per bottle from the retail contractors, ..... , asst. solicitor general appearing for central excise has submitted that it is clear that the activity is packaging activity within the purview of section 65(76)(b) as inserted by finance act, 2005, which means packaging of goods including pouch filling, bottling, labelling or imprinting of the package, since it is not an item .....
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