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Collector of Central Excise, Hyderabad Etc. Etc. Vs. M/S. Vazir Sultan ...

Court : Supreme Court of India

Reported in : 1996IIAD(SC)580; AIR1996SC3025; 1996(54)ECC94; 1996(83)ELT3(SC); JT1996(3)SC112; 1996(2)SCALE603; (1996)3SCC434; [1996]2SCR1194

..... not on any other basis. the special excise duty is a separate and distinct levy from the central excise. it is levied for the first time by section 37 of the finance act, 1978 on and with effect from march 1,1978. counsel submitted that when the goods in question were manufactured, there was no levy of special excise ..... time. it was discontinued from 1972 until 1978 when it was revived by the finance act, 1978. thereafter, it was being levied from year to year by annual finance act. the provisions of these finance acts, insofar as the levy special excise duty is concerned, are identical. in the finance acts of 1987 and 1988, however, the rate of special excise duty was raised ..... jeevan reddy, j.1. sub-section (1) of section 37 of the finance act, 1978, levied a special duty of excise equal to five percent of the amount of excise duty chargeable on goods. the levy came into effect on and from march 1, 1978 and was to remain in force till march 31, 1979. sub-section (3) provided that the said .....

Kanshi Ram Jagan Nath and ors. Vs. the State

Court : Supreme Court of India

Reported in : AIR1966SC805; 1978(2)ELT408(SC); [1962]2SCR942

..... 11 of that act extended, amongst others, the central excises and salt act, 1944, to the whole of india including part b states, except the ..... about april 20, 1951. the learned solicitor-general concedes that the appellants' claim must be confined to the period after april 1, 1950, from which date the finance act, 1950, began to operate. he states that prior to that date the law could not be considered to be invalid because of art. 277, which saved taxes ..... finance act, 1950, on the order impugned it may also be pointed out that the authority of the regency council to issue the impugned order and the validity of that order, unless affected by any indian law, are not called in question. 5. the finance act, 1950, was passed to give effect to the financial proposals for the year commencing on april 1, 1950. section .....

Ahmed Ibrahim Sahigra Dhoraji Vs. Commissioner of Wealth Tax, Gujarat

Court : Supreme Court of India

Reported in : AIR1981SC1562; (1981)21CTR(SC)356; [1981]129ITR314(SC); 1981(1)SCALE694; (1981)3SCC77; [1981]3SCR402

..... -65.(2) whether the tribunal was right in holding that the liability to pay tax on the amount disclosed under section 68 of the finance act 1965, arose not under that finance act but under section 3 of the indian income-tax act, 1922.2. having regard to the assessment years in question, the second question should be read as including within ..... also the question whether the tribunal was right in holding that the liability to pay tax on the amount disclosed under section 68 of the finance act, 1965 arose not under that finance act but under section 4 of the income-tax act, 1961.3. the assessee, who is the appellant in these appeals, had been assessed on the basis of his ..... 1957-58 to, 1964-65 on various dates between january 15, 1960 and july 14 1964. subsequently the assessee made a disclosure under section 68 of the finance act, 1965 (hereinafter referred to as 'the finance act') of rs. 7,00,000 which had been shown as having been covered by some hundi transactions with a concern known as m/s .....

Allied Motors (P.) Ltd. Vs. Commissioner of Income-tax, Delhi

Court : Supreme Court of India

Reported in : AIR1997SC1361; [1997]224ITR677(SC); JT1997(3)SC418; 1997(2)SCALE575; (1997)3SCC472; [1997]2SCR780

..... 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 ..... 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 ..... to prevent any undue hardship to assessees such as the ones before us. the memorandum of reasons takes note of the combined effect of section 43b and the first proviso inserted by the finance act, 1987. after referring to the fact that the first proviso now removes the hardship caused to such tax payers it explains the insertion of .....

Shri Gopal Paper Mills Co. Ltd. Vs. Commissioner of Income Tax, Centra ...

Court : Supreme Court of India

Reported in : AIR1970SC1750; [1970]77ITR543(SC); (1970)2SCC80; [1971]1SCR323

..... capital of the company as on 1st day of the accounting year for the purpose of sub-clause (b) of clause (1) of the 2nd proviso to section d of part ii of the finance act, 1956. both the company as well as the department appealed against the order of the appellate assistant commissioner to the extent it went against them. the tribunal ..... capital of the company as on january 1, 1955 and, there-more, its case came within the scope of sub-clause (1) of the second proviso to section d of pt. ii of the finance act, 1956. the appellate assistant commissioner rejected the first contention of the company but accepted the second contention. according to him, as the bonus shares were to be ..... the rebate to which the appellant-company was entitled on two counts; firstly in accordance with sub-clause (a) of clause (1) to second proviso to section d of pt. ii of the finance act, 1956, he reduced the rebate at the rate of 2 annas a rupee on rs. 50,07,500 which according to him represented the face value of .....

Mcgregor and Balfour Ltd. Vs. the Commissioner of Income-tax, West Ben ...

Court : Supreme Court of India

Reported in : AIR1959SC773; [1959]36ITR65(SC); [1959]Supp(2)SCR355

..... purposes of income-tax and super-tax the profits and gains of any business, the amount of any repayment under sub-section (1) of section 28 of the finance act, 1941, (4 & 5, geo. 6, c. 30), as amended by section 37 of the finance act, 1942 (5 & 6, geo. 6, c. 21), in respect of those profits, shall be deemed to be income ..... fiction therein created being sufficient and clear, it was not necessary to consider where the income arose. 7. section 11(14) of the finance act reads as follows : 'where under the provisions of sub-section (2) of section 12 of the excess profits tax act, 1940 (xv of 1940), excess profits tax payable under the law in force in the united kingdom has ..... reasons here. 6. it was said nextly that the high court was in error in construing s. 11(14) of the finance act as a provision which created a liability proprio vigore, as if it was a charging section. it was contended that the repayment was not within the taxable territory, and in view of the answer to the second question .....

Commissioner of Service Tax Vs. M/S Adani Gas Ltd.

Court : Supreme Court of India

..... the respondent. the purpose of the skid equipment and its utility, lie in its ability to regulate the supply and 17 section 65(105)(zzzzb), finance act, 1994. 18 section 65(105)(zzz-z), finance act, 1994. 19 section 65(105)(zzzzr), finance act, 1994. 20 circular d.o.f. no.334/1/2008-tru, dated 29 february, 2008. 29 achieve an accurate ..... a visible change in its form or substance. moreover, the nature of use is conditioned by the kind of article which is put to use. section 65(105) of the finance act, 1994 envisages myriad interpretations of the expression use , in a variety of services such as 28 telecommunication,17 renting of immovable property,18 and services ..... to the respondent on 13 october 2009 stating that the transactions undertaken by them are covered under the category of supply of tangible goods service , under section 65(105)(zzzzj) of finance act, 1994 which was introduced by notification no.18/2008- s.t. dated 10 may 2008, with effect from 16 may 2008. the show cause notice .....

Madras Bar Association Vs. Union Of India

Court : Supreme Court of India

..... and makes its recommendations. retrospectivity of the2020rules48 the learned amicus curiae submitted that the 2020 rules have been made in exercise of the powers conferred by section 184 of the finance act, 2017. rule 1(2) provides that rules shall come into force on the date of their publication in the official gazette. according to the ..... rule 9(1) permits a chairman, chairperson or president of the tribunal to continue till 70 years which is in conformity with parliamentary mandate in section 184 of the finance act. however, rule 9(2) provides that vice chairman and other members shall hold office till they attain 65 years. we are in agreement with ..... order after fresh rules are framed.8. thereafter, by a notification dated 12.02.2020, the central government in exercise of the power conferred by section 184 of the finance act, 2017 made the impugned 2020 rules. the 2020 rules which deal with the qualification and appointment of members by recruitment, procedure for inquiry into misbehavior .....

Engineering Analysis Centre Of Excellence Private Limited Vs. The Comm ...

Court : Supreme Court of India

..... in inland revenue commissioners v. coutts & co. [(1963) 2 all er722 732]., in the context of payment of estate duty, construed the words in respect of in section 5(2) of the finance act, 1894 (57 & 58 vict, c.30) 101 and observed that the phrase denoted some imprecise kind of nexus between the property and the estate duty. the house ..... tax: provided that any person, including the principal officer of a company, who fails to deduct the whole or any part of the 23 substituted by the finance act 2003 (32 of 2003), sec. 80(b) (w.e.f. 1-6-2003). 35 tax in accordance with the provisions of this chapter on the sum paid to a payee or ..... trade mark or similar property ; (iii) the use of any patent, invention, model, design, secret formula or process or trade mark or similar property ; 15 inserted by the finance act 1976 (66 of 1976), sec 4(b) (w.e.f. 1-6-1976). 30 (iv) the imparting of any information concerning technical, industrial, commercial or scientific knowledge, experience or skill ; 16(iva .....

Madras Bar Association Vs. Union Of India

Court : Supreme Court of India

..... this writ petition mainly relates to the violation of the first proviso and the second proviso, read with the third proviso, to section 184 (1), sections 184(7) and 184(11) of the finance act, 2017. section 184(1) of the finance act, 2017, prior to amendment, is as follows: (1) the central government may, by notification, make rules to provide for ..... retrospective; b) subordinate legislation cannot be given prospective effect unless the parent statute specifically provided the same. it is understood that while inserting sub- section (11) in section 184 in the finance act, 2017 and giving it retrospective effect from 26.05.2017, the ordinance has attempted to cure the defect as was pointed out by this court ..... 4(2). there is no such attempt made except to repeat the provision of rule 4(2) of the 2020 rules in the ordinance amending the finance act, 2017. ergo, section 184(7) is unsustainable in law as it is an attempt to override the law laid down by this court. repeating the contents of rule 4 .....