Judgment Search Results Home > Cases Phrase: finance act 1968 section 28 amendment of section 280zb Court: kerala Page 1 of about 478 results (0.177 seconds)

CochIn Company Vs. Commissioner of Income-tax

Court : Kerala

Reported in : [1978]114ITR822(Ker)

..... derived from the export of any goods or merchandise out of india so as to entitle the assessee to the benefit of rebate of tax under section 2(5)(a)(i) of the finance act, 1966. that section is in the following terms : '(5) (a) in respect of any assessment for the assessment year commencing on the 1st day of april, ..... machinery which before the date of acquisition by the assessee were used by some other person separate provisions have been specifically made by parliament in sub-clauses (a) and (b) of sub-section (1a) of the same section, shows beyond doubt that the term ' ..... (1)(a) of the act has, in the context, to be construed in its ordinary grammatical sense as meaning 'not existing before ; now made, or brought into existence, for the first time' and in antithesis to the word 'used'. see cochin co. v. commissioner of income-tax : [1968]67itr199(sc) . the fact that in respect of ships and .....

M.V. Ganesh, Lr of Late M.S. Viswambharan Vs. Commissioner of Income T ...

Court : Kerala

Reported in : (2009)221CTR(Ker)83; [2009]310ITR183(Ker); [2009]181TAXMAN227(Ker)

..... scheme, 1998 ('scheme' for short), requires to be noticed.9. the scheme has come into existence on 1st sept., 1998. the definition clauses contained in section 87 of the finance (no. 2) act, 1998 ('finance act' for short), would define the words 'declarant', 'designated authority', 'disputed chargeable interest', 'disputed income', 'disputed tax' and 'tax arrear' of the ..... that, the order passed by the assessing authority has become final.17. as required under the scheme, the assessee had filed an application under section 88 of the finance act before the designated authority. on the date of filing of the application, what was payable by the assessee was only the interest portion towards ..... payable, in respect of an assessment year under any direct tax enactment but which remains unpaid as on the date of making the declaration under section 88 of the finance act. the expression 'tax arrear', for the purpose of direct tax, means, the amount of tax, penalty or interest determined on or before .....

Asramam Village Industrial Co-op. Society Ltd. Vs. Union of India (Uoi ...

Court : Kerala

Reported in : 1988(18)ECC69; 1988(17)LC691(Kerala); 1988(38)ELT14(Ker)

..... called upon to show cause why an amount of rs. 52,562.50, as mentioned in the work sheet, should not be collected from them under sections 2(d) of section 52 of the finance act, 1982.7. the petitioner demurred to the notice, inter alia, on the ground that the demand was barred by time. the assistant collector of central ..... bharath match works.6. after the enactment of section 52 of the finance act, 1982, the superintendent of central excise issued notice ext. p4 dated october 19,1982, to the petitioner, intimat ing them that they were not entitled to ..... validity of certain provisions in the notifications ext. p1 had been successfully challenged.5. though the petitioner before me has also challenged the constitutional validity of section 52 of the finance act he did not persist in it, and was rest content with accept ing the correctness of the decision of the madras high court in the case of .....

Commissioner of Income-tax Vs. Travancore Minerals Ltd.

Court : Kerala

Reported in : [1981]130ITR631(Ker)

..... amount distributed by way of dividends subject to the conditions mentioned in the said clause. the position under paragraph f of part i of the first schedule to the finance act, 1965, is also substantially similar. 11. thus, going by the definition of the expression 'the relevant amount of distributions of dividends' contained in expln. 1 ..... attracted at all. it is the correctness of the said view taken by the tribunal that really arises for consideration before us in this reference, 7. the finance act, 1966, introduced some substantial changes in the matter of levy of income-tax on companies. the object and purpose of the effectuation of such changes has been ..... conferred under section 148 of the act, reopened the assessment made against the company for the year 1966-67, on the ground that the distribution of dividend made by the assessee during the accounting year relevant to the said assessment year had been wrongly omitted to be subjected to tax as required under the finance acts, 1965 and .....

Commissioner of Income Tax Vs. N. C. John and Sons Ltd.

Court : Kerala

Reported in : (1996)135CTR(Ker)319

..... india of such goods, services or facilities as may be prescribed.original explanation was renumbered as explanation 1 and a new explanation 2 was inserted by finance act, 1973 w. r. e. f. 1st april, 1968 explanation 1. - in this section, 'domestic company' shall have the meaning assigned to it in cl. (2) of 80b.explanation 2 was inserted by ..... finance act, 1973 w. r. e. f. 1st april, 1968 explanation 2. - for the purposes of sub-cl. (iii) and sub-cl. (viii) of cl. (b), expenditure incurred by an ..... w.e.f. 1st april, 1978, but it is to stand deleted w.e.f. 1st april, 1980 by finance act, 1979. (1a). notwithstanding anything contained in sub-s. (1), no deduction under this section shall be allowed in relation to any expenditure incurred after the 31st day of march, 1978, unless the following conditions are fulfilled, namely :(a) .....

Kerala Colour Lab. Association Vs. Union of India (Uoi)

Court : Kerala

Reported in : (2002)174CTR(Ker)464; 2003(156)ELT17(Ker); [2003]264ITR633(Ker); 2006[2]STR554; [2007]8STT353

..... to double taxation since the materials would have already suffered a tax on account of sales tax. hence also, it is contended that section 67 of the finance act is liable to be struck down as violative of article 14.9. most of these contentions arise out of misapprehension of the nature ..... market research agencies, under writers and mechanised slaughter houses. the relevant definitions under the finance act are as under:-section 65(47): photography.- 'photography includes still photography, motion picture photography, laser photography, aerial photography and fluorescent photography'.section 65(48): photography studio or agency.- 'photography studio or agency means any professional photographer ..... by a photography studio or agency, in relation to photography, in any manner.2. service tax was introduced for the first time by the finance act, 1994 and levied on certain categories of services like stock brokers, general insurers and telephone services. it came to be extended to advertising .....

M/S.Muthoot Finance Limited Vs. Union of India

Court : Kerala

..... not a contention that was available to the petitioner in proceedings under article 226 of the constitution of india. on the issue of invoking the provisions of sections 72 and 73 of the finance act, 1994, as amended, it is pointed out that the w.p.(c).no.6173 of 2015 5 show cause notices are issued by invoking the ..... to various customers. it is also the case of the petitioner that while issuing the show cause notice in terms of section 73 of the finance act, 1994, as amended, the respondents have not first resorted to the provisions of section 72 to complete a best judgment assessment against the petitioner, and therefore, to that extent, the issuance of the show ..... power under section 73 of the finance act, 1994, and section 72 only provides for the manner in which assessment is done for the purposes of recovering the amount due as per section 73. in that view of the matter, there is no illegality in invoking the provisions .....

The Commissioner of Income Tax Vs. M/S Merchem Limited

Court : Kerala

..... "3. a short question which arises for determination in this batch of civil appeals is whether omission (deletion) of the second proviso to section 43b of the income-tax act, 1961, by the finance act, 2003, operated with effect from 1st april, 2004, or whether it operated retrospectively with effect from 1st april, 1988?".21. therefore, the ..... question that was considered in alom extrusions' case' was whether omission of second proviso to sec.43b of the income tax act by the finance act, 2003, operated with effect from 1st april, 2004 or retrospectively with effect from 1st april, 1988. therefore, the question raised in this ..... by delaying payment of contributions to the welfare funds. it was also held that consequent to the implementation problems of the second proviso to sec.43b resulted in enactment of finance act, 2003, deleting the second proviso and bringing about i.t.a. no.244 of 2014 27 uniformity in the first proviso by equating .....

All Kerala Chartered Accountants Association Vs. Union of India (Uoi)

Court : Kerala

Reported in : (2002)176CTR(Ker)268; [2002]258ITR679(Ker)

..... contentions urged at the bar, it would be necessary to look at some of the provisions of the finance act. chapter v of the finance act, 1994, as amended by the finance act of 1998, deals with the subject of 'service tax'. section 65(31) defines the expression 'practising chartered accountant' as under:'practising chartered accountant means a person who ..... a certificate of practice and that every such member shall pay such annual fee for his certificate as may be prescribed on the prescribed dates under section 65(31) of the finance act, 1998, the definition of 'practising chartered accountant' means a person who is a member of the institute of chartered accountants of india and ..... hence, we are of the view that white dealing with the levy of service tax, the definition of practising chartered accountants as given in section 65(31) in chapter v of the finance act, 1998 alone would be determinative. once we keep this in mind, the contention fails.violation of article 14 :33. it is next .....

New Traders Vs. State of Kerala

Court : Kerala

Reported in : [2001]123STC82(Ker)

..... act, 1985 by virtue of which, the provision in the finance bill, 1998 by which, the purchase tax at the last point of sale with regard ..... be any doubt that in so far as the finance act authorises levy at the first point of sale, petitioners cannot contend that the act cannot be enforced against them. as already stated they have also not challenged the respective nature of the finance act. the contention urged by them is that a declaration was published under section 3 of the kerala provisional collection of revenues .....