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The Director of Income Tax Exemptions Vs. Al-Ameen Charitable Fund Tru ...

Court : Karnataka

..... or profession . applying the same analogy if, application of income is allowed under section 11 of the act, no depreciation can be allowed under section 32 of the act. reliance is placed on section 11(6) of the act inserted by the finance act no.2, act 14 with effect from 01.04.2015 to contend that the said amendment applies retrospectively ..... as such, the arguments advanced by the revenue apprehending double deduction is totally misconceived.21. section 11[6]. inserted with effect from 1.4.2015 by finance act no.2/2014, reads as under: or set (6) apart in this section where any income is required to be applied or accumulated for application, then, for such purposes ..... ltd., s case [supra]., it would be safely held that section 11[6]. of the act is prospective in nature and operates with effect from 01.04.2015. this is further clarified when compared with certain other provisions which have been made retrospectively in the same finance act. 28 26. for the foregoing reasons, we answer the .....

M/S Hindustan Petroleum Corporation Ltd Vs. Union of India

Court : Karnataka

..... j.neeralgi, advocate) this writ petition is filed under articles226and227of the constitution of india praying to quash -:5. :- sec.35f of the central excise act of1944as amended by sec.105 of the finance act of2014& the said secion105of the finance act of2014as being unconstitutional. ****** in w.p.no.21492/2015: between: m/s hewlett packard india sales pvt. ..... . jeevan j.neeralgi, advocate) ***** this writ petition is filed under articles226and227of the constitution of india praying to1declare section35 of the central excise act, 1944 as amended by sec. 105 of the finance act (no.2) , 2014 w.e.f. 6.8.2014 which provides for mandatory pre- deposit of75% for first appeals and10 for ..... w. sri. jeevan j.neeralgi, advocate) these writ petitions are filed under articles226and227of the constitution of india praying to1hold that sec. 35f of the central excise act, 1944 as amended by sec. 105 of the finance act (no.2) , 2014 w.e.f. 6/8/2014 which provides for mandatory pre- deposit of75% for first .....

Ghodawat Industries India Private Limited Vs. Union Of India

Court : Karnataka Dharwad

..... p. no.101916 of 2021 14. the next question that arises for consideration is whether when excise duty is exempted, can nccd be leviable under the provisions of section 136 of the finance act, 2001?.15. as mentioned above, nccd is a surcharge of the excise duty. the case of the petitioners is that, when excise duty is not levied, ..... no.101969 of2020 w.p. no.123492 of2020 w.p. no.146879 of2020 w.p. no.101375 of2021& w.p. no.101916 of 2021 d. declare that section 136 of the finance act 2001 under which there is a levy and collection of national calamity contingent duty (nccd) as unconstitutional. e. in the alternative and without prejudice to prayer (d ..... 2017, exemption from levy of excise duty was granted to tobacco and tobacco products. however, nccd was continued to be levied on tobacco and tobacco products under section 136 of the finance act, 2001. thereafter, by notification bearing no.3/2019 dated 06.07.2019, excise duty has been sought to be levied on various tobacco and tobacco products .....

Ghodawat Packers Llp Vs. Union Of India

Court : Karnataka Dharwad

..... p. no.101916 of 2021 14. the next question that arises for consideration is whether when excise duty is exempted, can nccd be leviable under the provisions of section 136 of the finance act, 2001?.15. as mentioned above, nccd is a surcharge of the excise duty. the case of the petitioners is that, when excise duty is not levied, ..... no.101969 of2020 w.p. no.123492 of2020 w.p. no.146879 of2020 w.p. no.101375 of2021& w.p. no.101916 of 2021 d. declare that section 136 of the finance act 2001 under which there is a levy and collection of national calamity contingent duty (nccd) as unconstitutional. e. in the alternative and without prejudice to prayer (d ..... 2017, exemption from levy of excise duty was granted to tobacco and tobacco products. however, nccd was continued to be levied on tobacco and tobacco products under section 136 of the finance act, 2001. thereafter, by notification bearing no.3/2019 dated 06.07.2019, excise duty has been sought to be levied on various tobacco and tobacco products .....

Ghodawat Foods International Private Limited Vs. Union Of India

Court : Karnataka Dharwad

..... p. no.101916 of 2021 14. the next question that arises for consideration is whether when excise duty is exempted, can nccd be leviable under the provisions of section 136 of the finance act, 2001?.15. as mentioned above, nccd is a surcharge of the excise duty. the case of the petitioners is that, when excise duty is not levied, ..... no.101969 of2020 w.p. no.123492 of2020 w.p. no.146879 of2020 w.p. no.101375 of2021& w.p. no.101916 of 2021 d. declare that section 136 of the finance act 2001 under which there is a levy and collection of national calamity contingent duty (nccd) as unconstitutional. e. in the alternative and without prejudice to prayer (d ..... 2017, exemption from levy of excise duty was granted to tobacco and tobacco products. however, nccd was continued to be levied on tobacco and tobacco products under section 136 of the finance act, 2001. thereafter, by notification bearing no.3/2019 dated 06.07.2019, excise duty has been sought to be levied on various tobacco and tobacco products .....

M/s.h.i. Tamboli @ Sons Vs. Union Of India

Court : Karnataka Dharwad

..... p. no.101916 of 2021 14. the next question that arises for consideration is whether when excise duty is exempted, can nccd be leviable under the provisions of section 136 of the finance act, 2001?.15. as mentioned above, nccd is a surcharge of the excise duty. the case of the petitioners is that, when excise duty is not levied, ..... no.101969 of2020 w.p. no.123492 of2020 w.p. no.146879 of2020 w.p. no.101375 of2021& w.p. no.101916 of 2021 d. declare that section 136 of the finance act 2001 under which there is a levy and collection of national calamity contingent duty (nccd) as unconstitutional. e. in the alternative and without prejudice to prayer (d ..... 2017, exemption from levy of excise duty was granted to tobacco and tobacco products. however, nccd was continued to be levied on tobacco and tobacco products under section 136 of the finance act, 2001. thereafter, by notification bearing no.3/2019 dated 06.07.2019, excise duty has been sought to be levied on various tobacco and tobacco products .....

M/s. Rajnandini Foods Pvt. Ltd., Vs. Union Of India

Court : Karnataka Dharwad

..... p. no.101916 of 2021 14. the next question that arises for consideration is whether when excise duty is exempted, can nccd be leviable under the provisions of section 136 of the finance act, 2001?.15. as mentioned above, nccd is a surcharge of the excise duty. the case of the petitioners is that, when excise duty is not levied, ..... no.101969 of2020 w.p. no.123492 of2020 w.p. no.146879 of2020 w.p. no.101375 of2021& w.p. no.101916 of 2021 d. declare that section 136 of the finance act 2001 under which there is a levy and collection of national calamity contingent duty (nccd) as unconstitutional. e. in the alternative and without prejudice to prayer (d ..... 2017, exemption from levy of excise duty was granted to tobacco and tobacco products. however, nccd was continued to be levied on tobacco and tobacco products under section 136 of the finance act, 2001. thereafter, by notification bearing no.3/2019 dated 06.07.2019, excise duty has been sought to be levied on various tobacco and tobacco products .....

Y. Venugopala Reddy Vs. Cit

Court : Karnataka

Reported in : [2003]130TAXMAN224(Kar)

..... answer to the above question it will be profitable to notice first the relevant provisions of the scheme contained in the finance act, as also the clarification given by the cbdt.9. the relevant portion of section 88 of the finance act relating to settlement of tax payable reads as follows :'88. settlement of tax payable.subject to the provisions of this ..... the last date for making a declaration under the scheme was extended from 31-12-1998 to 31-1-1999. the effect of section 88(a)(iii) of finance act is that notwithstanding anything contained in the act, the amount payable under the scheme by a declarant (other than companies and firms), who files declaration between 1-9-1998 and 31 ..... was the 'disputed income' when the declaration was filed by the appellant.11. 'disputed income' in relation to an assessment year, is defined in clause (e) of section 87 of the finance act as 'whole or so much of the total income as is relatable to the disputed tax.' 'disputed tax' is defined by clause (p of .....

Chamundi Granites P. Ltd. Vs. Deputy Commissioner of Income-tax and an ...

Court : Karnataka

Reported in : ILR2000KAR2743; [2000]245ITR661(KAR); [2000]245ITR661(Karn)

..... under clause (ii) of the proviso to paragraph b of part i of the first schedule to the finance act, 1951, as applied to the assessment year 1953-54 by the finance act, 1953, was held not a valid charge, on the ground that the finance act, 1951, did not lay down that it should be treated as a part of the total income.18 ..... well as the test prescribed by article 301.'20. in attar singh gurmukh singh v. ito : [1991]191itr667(sc) , the supreme court considered the constitutional validity of section 40a(3) of the act which provided that expenditure in excess of rs. 2,500 (rs. 10,000 after the 1987 amendment) would be allowed to be deducted only if made by a ..... the meaning assigned to it in part v of the banking regulation act, 1949. the expression 'loan or deposit', for the purposes of the proposed provision, would mean loan or deposit of money.' from the perusal of the speech of the finance minister it is clear that the object of section 269ss is to curb the evasion of tax. on the experience .....

Chamundi Granites (P) Ltd. Vs. Deputy Commissioner of Income Tax and a ...

Court : Karnataka

Reported in : (2000)162CTR(Kar)129

..... under clause (ii) of the proviso to para b of part i of the first schedule to the finance act, 1951, as applied to the assessment year 1953-54 by the finance act, 1953, was held not a valid charge, on the ground that the finance act, 1951 did not lay down that it should be treated as a part of the total income.16. ..... as well as the test prescribed by art. 30 1. '18. in attar singh gurmukh singh etc. v. income tax officer supreme court considered the constitutional validity of section 40a(3) of the act which provided that expenditure in excess of rs. 2,500 (rs. 10,000 after the 1987 amendment) would be allowed to be deducted only if made by a ..... have the meaning assigned to it in part v of the banking regulation act, 1949. the expression 'loan or deposit' for the purposes of proposed provision, would mean loan or deposit of money. '21. from the perusal of the speech of the finance minister it is clear that object of section 269ss is to curb the evasion of tax. on the experience gained .....