Court : Guwahati
..... taxable subject to deduction or allowances set out in sub-section (1) of section 24. the catalogue of deductions is comprehensive. we are here concerned with clause (iv) of sub-section (1) as set out earlier. prior to the amendment of this clause by the finance act of 1968, allowance from house property income was admissible for an annual ..... charge on house property without any exception even in cases where the charge was created by the assessee himself voluntarily in favour of another person. section 24(1)(iv) was amended with effect from ..... pay or make good something which may be enforced by action' (black's law dictionary), 7. the allowance enjoined in clause (iv) of sub-section (1) of section 24 of the act is admissible on fulfilment of the following conditions : (a) the property is subject to an annual charge on the house property that is providing income .....
Tag this Judgment!Court : Guwahati
..... services ; or(c) repair, alteration, renovation or restoration of, or similar services in relation to, residential complex.20. by the finance act, 2005, clause (zzq) of section 65(105) of the finance act, 1994, was amended on june 16, 2005. with the amendment, so made, clause (zzq) reads as under:(zzq) to any ..... be provided to any person, by a commercial concern, in relation to construction service 18. prior to its amendment by the finance act, 2005, clause (30a) of section 65 of the finance act, 1994, which contained the definition of 'construction service', read as under:(30a) 'construction service' means--(a) construction of new ..... namely, superintendent of central excise, to the petitioner, whereby the petitioner-company has been asked to get itself registered under section 69 of the finance act, 1994 (hereinafter referred to as, 'the finance act, 1994'), inasmuch as the petitioner-company has been, according to respondent no. 3, 'providing commercial or industrial construction service/ .....
Tag this Judgment!Court : Guwahati
..... record the said facts. in modi rubber limited (supra), the exemption notifications were issued in exercise of powers under rule 8(1) alone. section 32(4) of the finance act, 1978 is perimeteria with section 157(3) of the finance act of 2003. the notification no. 33/99 does not recite that the exemption granted is in exercise of powers under ..... the union has argued that additional duty having been imposed by the finance act, must be distinguished from the basic duty (cenvat) imposable under section 3 of the central excise act, 1944. it is an additional duty by way of surcharge for creation of a special fund and what has been ..... bar.4. while the learned counsel for the petitioners has argued that the additional duty of excise levied by the finance act of 2003 is in essence a duty of excise leviable under section 3 of the central excise act, 1944 and, therefore, the notification no. 33 of 1999 would operate to exempt the same, learned counsel for .....
Tag this Judgment!Court : Guwahati
..... achieved by issuing notification no. 6/2001 to have retrospective effect to amend notification no. 32/1999 from its very inception viz. 8.7.1999. section 154 of the finance act, 2003 retrospectively amended notification no. 32/1999, withdrawing the benefit of exemption to pan masala containing tobacco.6.6.2003 : impugned order issued by the ..... relation to the filing of an appeal, as is also the mandate of sub-section (5) of section 39 of the act this court in lakhsmiratan engineering works ltd. v. assistant commissioner (judicial) i, sales tax, kanpur range, kanpur (1968) 21 stc 154; air 1968 sc 438 observed:'to begin with it must be noticed that the proviso merely ..... on the issue on merit. mr. m. bhuyan, learned counsel appearing for the petitioners upon instructions submitted that although a challenge has been put to section 154 of the finance act, 2003, the petitioners would not like to pursue the same in these proceedings. however, liberty was prayed for to make challenge to the same .....
Tag this Judgment!Court : Guwahati
..... policy decisions taken in the industrial policy itself. in this view of the matter, any notification issued by government order in exercise of power under section 7 of the bihar finance act, if is found to be repugnant to the industrial policy declared in a government resolution, then the said notification must be held to be bad ..... the state of bihar approached the supreme court challenging the order passed by the high court. while dealing with the question, the issuance of notification under section 7 of the bihar finance act, the apex court held that - 'it is true that issuance of such notifications entitles the industrial units to avail of the incentives, and benefits ..... made applicable by the sales tax department as before.'37. the state government issued a notification on 4.4.1994 in exercise of power under section 7 of the bihar finance act, under which the old industrial units like the respondents who had started production prior to 1.4.1993 but whose investment in plant and machinery .....
Tag this Judgment!Court : Guwahati
..... is whether there is any substantive provision which empowered the revenue to charge interest from the assesee for delayed payment of additional duty of excise payable under section 157 (1) of the finance act 2003 and if so, which is that provision. the answer to this question has to be found by carefully reading the law laid down by the ..... ( 1 ) ibid. in our view, the liability to pay additional duty of excise on tea is created for the first time by section 157 ( 1 ) )of the finance act 2003. however, the finance act of 2003 does not contain any substantive provision to charge/levy interest from the assessee in case if payment of additional duty of excise is not made or ..... . as rightly pointed out by mr. choudhury, learned senior counsel for the petitioner, that even if the expression interest had been mentioned in section 157 (3) of the finance act 2003, yet it would not have improved the case of revenue for sustaining the demand for interest. in our view, it was for the reason that supreme .....
Tag this Judgment!Court : Guwahati
..... except the first item which was, however, included in the petition of smt. swati devi. the tribunal held that neither section 68 of the finance act, 1965, nor section 24 of the finance (no. 2) act, 1965, required the commissioner to make any enquiry whatsoever, touching or concerning the sources of the income disclosed or any matter ..... other accounts of the assessee had not been totally accepted by the authorities below. it relied on northern bengal jute trading co, ltd. v. cit : [1968]70itr407(cal) and in particular on the following observations (p. 416): ' the receipts or cash credits in the books of account of the assessee-firm are ..... the answer to the question posed depends entirely on the interpretation of the provisions contained in the act and in particular section 24 of the finance act. section 24 deals with ' voluntary disclosure of income' and consists of 16 sub-sections. sub-section (1) permitted a person to make a declarantion in respect of amounts representing income chargeable .....
Tag this Judgment!Court : Guwahati
..... therefore, not misplaced.28. in suprabhat steel ltd. : air1999sc303 , the state government issued notification, on april 4, 1994, in exercise of the powers under section 7 of the bihar finance act, whereunder the old industrial units, which had started production prior to april 1, 1993 but whose investments in the plants and machinery had not exceeded rs. ..... obligation to the citizen on an ex parte appraisement of the circumstances in which the obligation has arisen'.41. the decision in indo afghan agencies air 1968 sc 718 not only strengthened the application of the doctrine of promissory estoppel, in india, against the government by firmly laying down that the government ..... of uttar pradesh reported in : [1979]118itr326(sc) , as the epoch-making decision.42 close on the heels of the epoch-making decision in indo afghan agencies air 1968 sc 718, the two-judge bench of the supreme court in century spinning & mfg. co. ltd. v. ulhasnagar municipal council reported in : [1970]3scr854 , observed .....
Tag this Judgment!Court : Guwahati
..... a) or sub-clause (b), as the case may be.' 8. the amendment of sub-clause (ii) of clause (a) of sub-section (1 a) of section 143 by the finance act of 1993 provided for levy of additional income-tax with retrospective effect even where the loss declared by an assessee is further reduced by reason of ..... by a common judgment dated june 12, 1998, disposed of the civil rules holding, inter alia, that the provisions in sub-section (1a)(a) of section 143 of the income-tax act, 1961, substituted by the finance act, 1993, are constitutionally valid, but the retrospective operation given to the provisions therein that additional income-tax is to be imposed ..... way of cash compensatory support became taxable retrospectively with effect from april 1, 1967, but that was by amendment of section 28 by the finance act of 1990 which amendment could not have been known before the finance act came into force. levy of additional tax bears all the characteristics of penalty. additional tax was levied as the .....
Tag this Judgment!Court : Guwahati
..... nit no. agtatpt/lv geeps)/10/2002 dated february 22, 2002. on the basis of the same nit further work orders were also issued in subsequent years.2. under the finance act, 1994, chapter v was inserted introducing the concept of 'service tax'. cab providers were also brought within the purview of service tax with effect from july 16, 1997. thereafter ..... tax- (1) every stock-broker, the telegraph authority or the insurer who is providing taxable services to any person shall collect the service tax at the rate specified in section 66.(2) ....(3) any person, responsible for collecting the service tax, who fails to collect the tax in accordance with the provisions of sub ..... ) shall, notwithstanding such failure, be liable to pay the tax to the credit of the central government in accordance with the provisions of sub-section (2).7. it was the submission of shri bhowmik, learned senior counsel for the petitioner, that the petitioner being the assessee is the collecting agent of the service tax .....
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