Judgment Search Results Home > Cases Phrase: finance act 1968 section 28 amendment of section 280zb Court: mumbai Page 13 of about 1,446 results (0.121 seconds)

Prism Cement Limited, (Formerly Known as H and R Johnson (India) Limit ...

Court : Mumbai

..... the avowed object of the amendment viz. to discourage the sales to unregistered dealers. this error of the draftsman has been corrected by deleting the words 'or sub-section 2' by finance act 2007 which is purely clarificatory in nature. accordingly, it is contended that since the object of 2002 amendment is to discourage sales to unregistered dealers, the said ..... and not in respect of sales of goods to any person or persons covered under section 8(2) of the cst act. 24. relying on the decisions of the apex court in the case of state of madras v/s. n.k. nataraja mudaliar reported in (1968) 22 stc 376 (s.c.) and video electronics private limited v/s. state ..... of punjab reported in (1990) 77 stc 82 (s.c.), it is contended on behalf of the petitioners that the power to grant exemption conferred upon the state governments under section 8(5) is to meet the unforeseen circumstances .....

Tonira Pharma Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... or other charges which have not been collected, as if the amendment made by section 113 of the finance act, 2001 had been inforceat all material time. thus, any obligation or liability that was incurred under the notification imposing anti-dumping duty prior to the expiry ..... and to have always been for all purposes as validly and effectively taken or done as if the amendment by section 113 of the finance act, 2001 have been enforced at all material time and that recovery shall be made of all such amounts of duty or interest or penalty or fine ..... be instituted, continued or enforced in relation to such notification as if it had not been repealed, superseded or rescinded. this section was introduced with effect from 11-5-2001 by the finance act, 2001. by section 114 of the finance act, 2001 it was also, inter alia, provided that any action or omission under any notification etc. shall be deemed to be .....

Hindalco Industries Ltd. Vs. the Income-tax Officer (Tds)

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)91ITD64(Mum.)

..... read with explanation (1) thereof, the legislature has expressly indicated that it never intended to exclude clauses (vi) and (vii) from the purview of section 9(1)(i),) by the finance act 1976 with effect from 17.1976.).7. ld. counsel submitted that business includes rendering technical services and, therefore, if no business connection is in india, ..... the learned counsel's first argument is that the legislature while inserting clause (vi) and (vii) of section 9 by the finance act, 1976 did not exclude incomes referred to in the said clauses from the purview of section 9(1)(i) which clearly shows that the legislative intent was not to exclude these clauses from the ..... of and does not admit of such construction. probably, the placement of section 80t is wrong. it ought to have been placed along side section 48, as has since been done by the finance act, 1987, with effect from april 1, 1988. by the said act, section 80t has been omitted and its provisions with certain changes, have been placed .....

Hindalco Industries Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)85TTJ(Mum.)71

..... ) r/w expln. (1) thereof, the legislature has expressly indicated that it never intended to exclude clause (vi) and (vii) from the purview of section 9(1)(i), by the finance act, 1976 w.e.f. 1st july, 1976.7. learned counsel submitted that business includes rendering technical services and, therefore, if no business connection is in india ..... . the learned counsel's first argument is that the legislature while inserting clauses (vi) and (vii) of section 9 by the finance act, 1976 did not exclude-incomes referred to in the said clauses from the purview of section 9(1)(i) which clearly shows that the legislative intent was not to exclude these clauses from the purview ..... capable of and does not admit of such construction. probably, the placement of section 80t is wrong. it ought to have been placed along side section 48, as has since been done by the finance act, 1987, w.e.f. 1st april, 1988. by the said act, section 80t has been omitted and its provisions with certain changes, have been placed .....

Mafatlal Industries Ltd. Vs. Collector C. Ex. and Cus.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (1991)LC65Tri(Mum.)bai

..... it is abundantly clear that the arguments of the learned attorney general, either on the ground of accrual of cause of action or on the question that section 51 of the finance act overrides the section 11-a, were not found acceptance by the supreme court. we are also unable to find anywhere in the judgment that the supreme court has taken ..... issued by the department dated 4-5-1981 followed by the addenda dated 5-1-1981. the department, after the enactment of the finance act, 1982, issued further notices invoking section 51(2)(d) of the finance act, for the same periods as were covered by the notices dated 4-5-1981. in the absence of supersession of the earlier notice ..... or other authority.hence, in our view even if the demand has been nullified by the court judgment, because of the specific deeming provisions laid down in section 51(2) of the finance act, it should be deemed to have been for all purposes as validly and effectively taken. hence, such a demand issued even prior to 20-2-1982 .....

M/S. Three M Paper Manufacturing Co. Pvt. Ltd. Vs. Commissioner of Ser ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... that. show-cause notice issued for the period prior to 14.05.2003 and in this case of appellant, provisions of section 73 of the finance act are not applicable to their case. the section 71a of the finance act was introduced in the finance bill with effect from 14.5.2003. as the demand involved prior to 14.5.2003 the appellants are not liable ..... . cce 2004 (171) elt 317 (t). 5. heard both sides. 6. i find that in this case the show-cause notice issued on 26.4.2001 under section 73 of the finance act for the services availed by the appellant from the goods transport operator for non-registering with the department and non-filing of st-3 returns. in the case of ..... jindal the appellant has filed this appeal against the order upholding the order of the asst. commissioner confirming the demand of service tax of rs.60,860/- under section 73 of the finance act. 2. brief facts of the case are that during the period 16.11.97 to 1.6.98 the appellant had availed the services of goods transport operator. .....

Bank of Credit and Commerce Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1991)37ITD293(Mum.)

..... may be, apply in computing the income chargeable under the head "income from other sources". this would mean that the finance act, 1976 has amended section 58 of the act to secure that the ceiling prescribed under section 44d will be applicable even in cases where income by way of royalties or technical service fees received under the approved ..... in india by inflating their claims in respect of head office expenses. with a view to getting over these difficulties, the finance act, 1976 has inserted a new section 44c in the income-tax act laying down certain ceiling limits for the deduction of head office expenses in computing the taxable profits in the case of non- ..... evidence for applying its judicial mind. in that case, the assessee had claimed certain expenses under what was called "monsoon gift scheme" during the accounting year 1968-69 relevant to the assessment year 1969-70. the expenditure was not claimed at the time of assessment but it was claimed in the subsequent assessment year, .....

ScIndia Steam Navigation Co. Ltd. Vs. Commissioner of Income Tax, Bomb ...

Court : Mumbai

Reported in : AIR1955Bom230; (1955)57BOMLR98; [1954]26ITR686(Bom)

..... 1946 that imposed a liability upon the assessee to pay tax on this income at the rate mentioned in that act. when we turn to the finance act of 1946, sub-section (9) of section 11 makes-this provision:'for the purposes of this section and of the rates of tax imposed thereby, the expression 'total income' means total income as determined for ..... the appellant or his daughters, nor assessment of such income, until the passing of the indian finance act of 1939, which imposed the tax for 1939-40 on the 1938-39 income and authorised the present assessment. by sub-section (1) of section 6, indian finance act, 1939, income-tax for the year beginning on 1-4-1939, is directed to be ..... charged at the rates specified in part i of sch. ii, and rates of super-tax are also provided for, and by sub-section (3) it is provided that 'for .....

Commissioner of Income Tax Vs. N.J. Pavri

Court : Mumbai

Reported in : (1999)153CTR(Bom)134

..... received by an employee of a statutory corporation was equated to gratuity received by employees of central government, state government or local authority. sec. 10(10) as amended by the finance act, 1974, consists of three sub-clauses. retiring gratuities received by the employees of central government, state government and local authority are fully ..... a maximum of twenty-four thousand rupees or fifteen months salary so calculated, whichever is less; 'a bare reading of the above section as it stood before amendment by finance act, 1974, shows that gratuity payment to employees of the government, local authority or a statutory corporation was totally exempted from payment of ..... finance act, 1974, which came into force on 1st april, 1975, cannot be read retrospectively. he pointed out that when the gratuity was paid by air india in 1968, the amount received by the employee from the statutory corporation stood fully exempted under the first part of s. 10(10) whereas after the section came .....

Goa Carbon Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)2SOT152(Mum.)

..... higher rebate in respect super-tax available in relation to the profits and gains attributable to the business of manufacture and production of' mineral oil under the finance act, 1964, and the finance act, 1965, provided the other conditions specified in this behalf are fulfilled.2. on a parity of reasoning, the business of refining of crude oil will ..... be regarded as priority industry for purposes of section 80-i and section 80m of the income tax act, 1961, and also as business of manufacture or production of 'mineral ..... are not eligible for the export incentive deduction with effect from 1-4-1991 as per finance (no, 2) act of 1991." both the appeals in assessment years 1992-93 & 1993-94 are arising out from the respective orders under section 263 of act.assessment year 1995-96 - ita no, 211 /pnj/02-03, in the order under .....