Judgment Search Results Home > Cases Phrase: finance act 1968 section 28 amendment of section 280zb Court: mumbai Page 9 of about 1,446 results (0.288 seconds)

Mafatlal Fine Spg. and Mfg. Co. Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Reported in : (1994)117CTR(Bom)246; [1994]206ITR578(Bom)

..... the purchase of accessories were placed after 1-12-1973. that being so, it was clearly beyond the cut off date specified in s. 16 of the finance act, 1974. the claim for development rebate in respect thereof was, therefore, liable to be rejected. further, the admitted position is that the original order placed by the ..... though order for the plant which accessories were related to had been placed before 1-12-1973. application :not to current assessment years.citation :finance act 1974 s.16(c)income tax act 1961 s.33export market development allowance--export licence fees, export freight charges and insurance chargesheld :no weighted deduction is allowable in respect of the said ..... which placed after 1-12-1973held :the cut off date '1-12-1973' assumes utmost importance in view of the provisions contained in s. 16 of the finance act, 1974, which permits allowance of development rebate only on those machineries for which orders had been placed before 1-12-1973. in this case the orders for .....

State of Bombay Vs. Nagindas Maneklal and anr.

Court : Mumbai

Reported in : AIR1956Bom89; (1955)57BOMLR913; ILR1956Bom31

..... state of bombay. the contention of the state was that all the properties were parts of one building and that consequently under the second proviso to section 22, bombay finance act, the urban immoveable property tax could be assessed on the annual letting value of the building as a whole. this contention has not been accepted ..... register and in the municipal records. the plaintiffs' case is that each of these properties was separately assessed for the urban immoveable property tax leviable under section 22, bombay finance act up to 1946-47 on the annual letting value of that property.in the bills for 1947-48 and 1948-49, the tax was, however, ..... their properties being considered one building only.' the appeals have been heard together, as they involve a common point of law relating to the interpretation -of section 22, bombay finance act, 1932.2. these three appeals arise from three different suits. the plaintiffs in these suits are cousins and are owners of three properties, which form .....

Gtc Industries Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)105TTJ(Mum.)1010

..... this aspect. second, which is independent of and without prejudice to the aforesaid, the explanation has now been inserted in clause (vii) of sub-section (1) of section 36 by the finance act, 2001 with retrospective effect from 1st april, 1989. the learned jm holds the view that the retrospective legislation was not in existence at the time ..... has also ignored the binding decisions of the larger benches of the supreme court. (v) reference to explanation inserted in clause (vii) of sub-section (1) of section 36 by the finance act, 2001 with retrospective effect from 1st april, 1989 has been made in the order proposed by the learned jm for the proposition that the said ..... learned counsel for the assessee, was passed by the ao on 17th june, 1996.according to him, explanation to clause (vii) of sub-section (1) of section 36 was inserted by the finance act, 2001 with retrospective effect from 1st april, 1989 to the effect that any debt or part thereof written off as irrecoverable in the accounts .....

Abu-dhabi Commercial Bank Ltd. Vs. Jt. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... be charged to the assessee in excess of tax rate being charged to an indian company. in this connection, we find that anexplanation has been inserted in section 90 by the finance act, 2001 with retrospective effect from 1-4-1962. the explanation reads as under: explanation. for the removal of doubts, it is hereby declared thatthe charge of ..... ] payable out of its income in india". it is submitted that this condition is the same as the one that existed in the explanation to section 90 prior to its deletion by the finance act, 2004; and, therefore, the ratio of the rulings in the case of decca survey overseas ltd., it appeal no. 3604/b/94 dated ..... ignored. with regard to tax treaties with 4-countries, which are subsequent to insertion of this explanation to section 90 by the finance act, 2001, we are of the considered opinion that in spite of insertion of this explanation in section 90, insertion of such clause in tax treaties with the outside countries is always advisable to avoid any confusion .....

Joy Construction Vs. the Commissioner of Central Excise, Nagpur

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... legal provisions of the service tax and the appellant has paid the service tax without any protest. accordingly, i take lenient view and giving the benefit of section 80 of the finance act, 1994 and i have also considered the reliance placed by the learned advocate which are squarely applicable to the case of the appellant. accordingly, i set ..... relied on cce vs. state bank of india 2009 (14) str 148 (all.) wherein the honble high court of allahabad held that we find under section 80 of the finance act upon establishing a reasonable cause for the said failure to deposit service tax within stipulated period, the penalty can be waived. 5. on the other hand the ..... repair services. he was discharging service tax liability regularly. he further submitted that if at all the service tax liability is fastened on the appellant the benefit of section 80 of the finance act has to be given to the appellant. to support his contention he placed reliance on d.r. gade vs. cc, nasik 2006 (2) str 205 (tri .....

Plasticotes Investments Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1992)40ITD332(Mum.)

..... that the value of the flats in question was not liable to tax as the said flats do not fall within the any of assets enumerated in sub-section (3) of section 40 of the finance act, 1983.4. the assit. commissioner of w.t., however, rejected the assessee's stand for the reason stated in his order for the assessment year ..... owns only a portion of building (flat) and therefore the value thereof could not be considered for determining its net wealth.he also submitted that since section 40 of the finance act, 1983, is a charging section, the same should be construed strictly. again, according to him, neither the intention of the legislature nor the spirit of the provision is relevant to ..... in bennet villa and nilkant are let out to outsiders while the flats in anand kamal are let out to the director of the assessec-company.3. by section 40 of the finance act, 1983, the levy of wealth-tax was revived in the case of closely held companies. in its return of net wealth (showing nil wealth), as well .....

Gtc Industries Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2007)104ITD86(Mum.)

..... this aspect. second, which is independent of and without prejudice to the aforesaid, the explanation has now been inserted in clause (vii) of sub-section (1) of section 36 by the finance act, 2001 with retrospective effect from 1-4-1989. the learned judicial member holds the view that the retrospective legislation was not in existence at the ..... has also ignored the binding decisions of the larger benches of the supreme court. (v) reference to explanation inserted in clause (vii) of sub-section (1) of section 36 by the finance act, 2001 with retrospective effect from 1-4-1989 has been made in the order proposed by the learned judicial member for the proposition that the said ..... for the assessee, was passed by the assessing officer on 17-6-1996. according to him, explanation to clause (vii) of sub-section (1) of section 36 was inserted by the finance act, 2001 with retrospective effect from 1-4-1989 to the effect that any debt or part thereof written off as irrecoverable in the accounts .....

G.T.C. Industries Ltd. Vs. the Dy. Cit, Spl. Rg. 50

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... this aspect. second,which is independent of and without prejudice to the aforesaid, the explanation has now been inserted in clause (vii) of sub-section (1) of section 36 by the finance act 2001 with retrospective effect from 1.4.1989. the learned judicial member holds the view that the retrospective legislation was not in existence at the ..... has also ignored the binding decisions of the larger benches of the supreme court. (v) reference to explanation inserted in clause (vii) of sub-section (1) of section 36 by the finance act, 2001 with retrospective effect from 1.4.1989 has been made in the order proposed by the learned judicial member for the proposition that the said ..... counsel for the assessee, was passed by the assessing officer on 17.06.1996. according to him, explanation to clause (vii) of sub-section (1) of section 36 was inserted by the finance act, 2001 with retrospective effect from 1.4.1989 to the effect that any debt or part thereof written off as irrecoverable in the accounts .....

Madhukar S.S.S.K. Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2007)8STT156

..... 03.2001 was issued by the superintendent of central excise & customs (service tax) jalgaon alleging that they have contravened the provisions of section 68, 69 & 70 of chapter v of the finance act, 1994 (32 of 1994) in as much as they failed to pay the service tax on the transportation charges paid during the ..... persons covered by under section 71a who are the service availers. the amendment made by the finance bill 2003 omits the retrospective effect of persons covering under section 71a. further, the appellants also challenged the ..... tax and to get complete formalities under the service tax act. further, the amendments brought to the finance act, 2001 and 2003 covering availer of services of goods transport operators under network of service tax with retrospective effect to cover the assessee under section 70 of the finance act i.e. only service providers, not to the .....

The Mogaveera Vyavasthapaka Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2004)(166)ELT476Tri(Mum.)bai

..... the managing committee, which looks after the affairs of the trust, consists of senior citizens. service tax on mandap keepers was introduced for the first time through section 88 of the finance act, 1997 which came into force from 1.7.1997. the appellants' main activity being what it was, they were ignorant of the fact that service tax is ..... paid service tax but also paid interest on the delayed payment of the service tax. the original authority levied a penalty of rs. 1,02,000/- under section 77 of the finance act for delayed filing of returns. in appeal, the penalty was reduced to rs. 32,700/-.5. the commissioner (appeals)'s findings are that a penalty of ..... the case of palika palace v. cce, chandigarh 2001 (47) rlt 182 (cegat-del.) took the view that section 80 of the finance act, 1994 provides that no penalty shall be imposable for any failure of the provisions of section 77 if the assessee proves that there was reasonable case for the said failure. the appellants' main activity is not .....