Court : Rajasthan
Reported in : (1984)41CTR(Raj)21; [1984]149ITR487(Raj)
..... which refers to the previous year relatable to the assessment year 1952-53. the proviso, as mentioned above, merely makes the provisions of section 2(3)(a) of the finance act applicable in the calculation of rebate or concession relating to dividend income or deemed dividend income. the president of the appellate tribunal has referred ..... fact that nobody appeared for the assessee.28. it appears rather unfortunate that their lordships of the bombay high court followed the earlier decisions in kevaldas ranchhoddas's case : [1968]68itr842(bom) and ravindran's case : [1977]107itr547(ker) in cwt v. ballarpur industries ltd. : [1979]118itr711(bom) . as pointed out earlier, ravindran's ..... . the kerala high court in cit v. c. ravindran : [1977]107itr547(ker) simply followed the decision of the bombay high court in kevaldas ranchhoddas's case : [1968]68itr842(bom) and the decision of the allahabad high court in sir shadi lal and sons v. cit : [1973]92itr453(all) . however, as observed above, the bombay .....
Tag this Judgment!Court : Rajasthan
Reported in : (2002)176CTR(Raj)177
..... chartered accountant in his professional capacity, in any manner.66. charge of services tax:(1) ......(2) .....(3) with effect from the date notified under section 88 of the finance act, 1997 (26 of 1997), there shall be levied a service-tax at the rate of five per cent of the value of the taxable services referred to ..... value of taxable service inter alia, referred to in sub-clause. (2) of clause (48) of section 65. sections 68 to 71 as originally enacted by the finance act, 1994, have also been substituted by the finance (no. 2) act, 1998. the substituted sections 68 to 70 are reproduced as under :'68. payment of service-tax(1) every person providing taxable ..... vide notification dated 7-10-1998. the liability has been made effective from 16-10-1998. further, in exercise of the powers conferred by section 93 of the finance act, 1994, the central government has exempted in the public interest the taxable services other than of auditing and accounting provided by a practising chartered .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj70; [1969]74ITR378(Raj); 1969()WLN83
..... of tax on income shall be increased for the purposes of levying the special surcharge on unearned income by 15 per cent under the provisions of section 2 (1) (a) of the finance act 1957 (act no. 2 of 1957). he urged that simply because the income-tax on the dividend income of the assessee is to be computed with reference ..... it is not disputed that in the case of the assessee paragraph a of the first schedule of the finance act, 1957 applies. under this provision of section 2 (1) (a) of the finance act which is made subject to sub-section (3) of that section, the assessee is entitled to claim that the income-tax on his dividend income should be calculated by applying ..... does not make any provision for the levy of special surcharge. as we are of opinion that the term 'income-tax' as used in sub-section (3) (a) of section 2 of the finance act, 1957, does not include the amount of surcharge for the union and also the amount of special surcharge as prescribed under the head 'surcharges on income .....
Tag this Judgment!Court : Rajasthan
Reported in : (1995)128CTR(Raj)325; [1996]217ITR799(Raj)
..... behind these provisions is to provide for a tax disincentive by denying deduction in respect of a statutory liability which is not paid in time. the finance act, 1987, inserted a proviso to section 43b to provide that any sum payable by way of tax or duty, etc., liability for which was incurred in the previous year will be allowed ..... realised the mistake and inserted the proviso for that reason alone.29. the object of insertion of the proviso by the finance act, 1987, was stated in the memorandum of the finance act that the object behind the proviso to section 43b is to provide for a tax disincentive for deduction in respect of statutory liability which is not paid in time ..... has actually paid it on or before the due date applicable to his case for furnishing the return of income under sub-section (1) of section 139 in respect of the previous year. by the amendment by the finance act, 1989, in the second proviso the words 'during the previous year' have been deleted, as a result of which the .....
Tag this Judgment!Court : Rajasthan
Reported in : [2003]264ITR529(Raj); 2006[3]STR344; 2002WLC(Raj)UC708
..... a practising chartered accountant in his professional capacity, in any manner. 66. charge of service tax.--. . . (3) with effect from the date notified under section 88 of the finance act, 1997 (26 of 1997), there shall be levied a service tax at the rate of five per cent of the value of the taxable services referred to ..... of the taxable service, inter alia, referred to in sub-clause (s) of clause (48) of section 65. sections 68 to 71 as originally enacted by the finance act, 1994, have also been substituted by the finance (no. 2) act, 1998. the substituted sections 68 to 70 are reproduced as under : '68. payment of service-tax.--(1) every person providing ..... notification dated october 7, 1998. the liability has been made effective from october 16, 1998. further, in exercise of the powers conferred by section 93 of the finance act, 1994, the central government has exempted in the public interest the taxable services other than of auditing and accounting provided by a practising chartered .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(4)Raj2995
..... of this petition as no remedy is provided under the statute against the order of central government.9. learned counsel for the petitioner contends that section 93 of the finance act makes it abundantly clear that with the commencement of the finance act, 1994, particularly the provisions relating to levy of education cess and exemption attached with the excise duty payable under the central excise ..... withdrawing the claim to rebate on exports of goods manufactured by the petitioner relating to education cess payable under the finance act, 1994 which came into effect w.e.f. 9/7/2004 in terms of sections 91, 92 and 93 of the said act of 1994.3. the petitioner is engaged in the manufacture of yarn, gray fabrics and in getting man made .....
Tag this Judgment!Court : Rajasthan
Reported in : [1987]163ITR278(Raj)
..... regarded as preference shares so as to entitle the assessee to rebate under the provisions of the finance act, 1964, and the finance act, 1965, involves the interpretation of the provisions of the financial corporations act, in the light of the provisions contained in section 85 of the companies act, 1956. the said question was indeed a debatable question and in the light of the test referred ..... (1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), has referred the following questions arising out of the order of the tribunal dated june 1, 1970, in income-tax appeals nos. 666 and 667 of 1968-69, for the opinion of this court:'1. whether, on the facts and in the circumstances of the case, the income-tax appellate .....
Tag this Judgment!Court : Rajasthan
Reported in : (2005)194CTR(Raj)84
..... officer.'9. it will be relevant to notice in brief the legislative history of the two explanations. when the chapter x1v-b consisting of sections 158b to 158bh was enacted and inserted in it act, 1961, by the finance act, 1995, w.e.f. 1st july, 1995, no explanations were enacted. neither any provision for exclusion of any period for any reason ..... decision in km. sharma v. ito : [2002]254itr772(sc) . it was a case where challenge was made to the notice issued under section 148 of the act for reassessment for the asst. yrs. 1968-69 to 1971-72 and for the year 1982-83 on the ground that the proposed reassessment for those assessment years had already become barred ..... by time under section 149 of the act, for which in the relevant periods a maximum period of four years or seven years limitation was prescribed depending upon .....
Tag this Judgment!Court : Rajasthan
Reported in : 2008(229)ELT50(Raj)
..... the question as framed is required to be answered in the manner, that the learned tribunal was not right in coming to the conclusion, that under section 112(2)(b) of the finance act, interest can be levied, even where there is no adjudication of the show cause notices, which were pending decision, at the time of commencement of ..... of law, being as under:whether in the facts and circumstances of the case, the tribunal was right in coming to the conclusion that under section 112(2)(b) of the finance act, 2000 interest can be levied even without there being adjudication of show cause notice, which are pending decision at the time of commencement of the ..... 2005(180)elt3(sc) , wherein it was found, that inadvertently attention of the court was not drawn to provisions of section 112 of finance act, 2000. then, the provisions were quoted, and it was found, that sub-section (1) of section 112 shows, that no credit is admissible on any duty paid on high speed diesel oil at any time during the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995(2)WLN208
..... realised the mistake and inserted the proviso for that reason alone.18. the object of insertion of the proviso by the finance act, 1987 was stated in the memorandum of finance act that the object behind the proviso to section 43b is to provide for a tax dis-incentive for deduction in respect of statutory liability which is not paid in time ..... behind these provisions is to provide for a tax disincentive by denying deduction in respect of a statutory liability which is not paid in time. the finance act, 1987 inserted a proviso to section 43b to provide that any sumpayable by way of tax or duty ect. liability for which was incurred in the previous year will be allowed as ..... he has actually paid it on or before the due date applicable to his case for furnishing the return of income under sub-section (1) of section 139 in respect of previous year. by the amendment by finance act, 1989, in the second proviso the words' during the previous year' have been deleted as a result of which the deduction .....
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