Court : Supreme Court of India
Reported in : AIR1975SC2279; 1978(2)ELT452(SC); (1975)2SCC472; [1976]1SCR400; 1975(7)LC723(SC)
..... how there are really two stages in the course of turn-out of the finished goods. excise duty came to be imposed from march 1,1960 on aluminium under the finance act for that year (we are not concerned with the same duty on the same commodity imposed in prior years). item no. 27 which relates to aluminium, reads:description of goods ..... , cir- metric tonne. cles, strips, and foils in any form or size.a note appended to the entry is of significance and states :under the government of india, ministry of finance (department of revenue) notification no. 29/60 central excises, dated the 1st march 1960, the following aluimnium manufactures, namely plates, sheets, circles, strips and foils in any form or size .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1976)5CTR(SC)0111B
..... indicated how there are really two stages in the course of turn-out of finished goods. excise duty came to be imposed from march 1, 1960 on aluminium under the finance act for that year (we are not concerned with the same duty on the same commodity imposed in prior years). item no. 27 which relates to aluminium, reads :a note appended ..... to the entry is of significance and states :under the government of india, ministry of finance (department of revenue) notification no. 29/60 central excises, dated the 1st march 1960, the following aluminium manufactures, namely plates, sheets, circles, strips and foils in any form or size .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC2260; (1975)2SCC791; [1976]1SCR379
..... to the facts and circumstances of the present case. in this view of the matter the impugned order of the central government must, therefore, be quashed. section 23 of the act would apply only if the undertaking sought to be acquired is in actual and physical existence and has gone into actual production. the scheme which is the ..... any action to give effect to the proposal for such expansion, give to the central government notice of its intention to make such expansion stating therein the scheme of finance with regard to the proposed expansion, whether it is connected with any other undertaking or undertakings and, if so, giving particulars relating to all the inter-connected ..... and polishers of legislation which comes to them in a state enquiring varying degrees of further processing,' said donaldson j. in corocraft ltd. v. pan american airways inc. 1968 3 wlr 714 at p. 732 and indeed it is no secret that courts constantly give their own shape to enactments.x x x x xhow do the present .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC263; (1975)2SCC482; [1976]1SCR451
..... imponentis, the intention of the law maker expressed in the law itself, taken as a whole'.14. the scheme of the act is like this: under section 5(1) the director of marketing and rural finance may by a notification in the official gazette declare his intention of regulating purchase and sale of agricultural produce in the specified ..... as 'market proper' within the godhra market area. the high court was really concerned with the notification, ex. 10, dated february 16, 1968 which was issued under section 6(5) of the act and by which new varieties of agricultural produce like onion, ginger, sunhemp and jowar were added to the old list. the high court set ..... (5) of the act, like that under section 6(1), must also be published in gujarati in a newspaper having circulation in the particular area. this requirement is mandatory and must be fulfilled. admittedly, the notification (ex. 10) issued under section 6(5) on february 16, 1968 was not published in a newspaper at all, much less in gujarati. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC10; [1975]101ITR234(SC); (1976)1SCC254; [1976]1SCR461
..... see: in re grove-grady (1929) 1 ch 557. at any rate, the reason which induced our government to make an amendment by section 2(15) of the act of 1961 was thus stated by the finance minister, shri morarji desai, in the course of his speech in parliament explaining the proposed amendment (see: lok sabha debate dated 18-8 ..... interpretation. it harmonises with and clarifies the real intent of the words used. must we, in such circumstances, ignore it? 31. we find that section 57, sub-section (4) of the evidence act not only enables but enjoins courts to take judicial notice of the course of proceedings in parliament assuming, of course, that it is relevant. it is ..... case profit yielding became quite irrelevant, but fell under the more general or the 4th and last category of purposes of general public utility specified in section 2(15) of the act, the mere fact that the conduct of the printing business was profitable sometimes or even constantly was not enough to make it an activity carried on; .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC2135; [1975]101ITR449(SC); (1976)1SCC70; [1976]1SCR681
..... references to the provision so re-enacted.the 1922 act was repealed by the 1961 act. hence, it held that section 2(44) of the 1961 act, read with section 221 of that act, were sufficient to enable the additional personal assistant to the collector to proceed as a tax recovery officer.8. section 13, sub-section (1) of the finance act, 1950 laid down:13 (1) if immediately before ..... be and that they are hereby prohibited from taking any benefit under such transfer or charge.given under my hand and seal at quilon on this 10th day of may, 1968. sd/-tax recovery officer, and addl. personal assistant to collector quilon.7. as regards the authority of the additional personal assistant to the collector, quilon, as the tax recovery officer .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC313; (1975)2SCC736; [1976]1SCR689; [1976]37STC77(SC)
..... , the next question that arises is, whether it remains so even after its dissolution. this leads to an examination of the provisions of the two acts.45. taking the 1953 act first, section 2(6) of the act defines a dealer. the relevant part of the definition is as follows :dealer means any person who carries on the business of selling or buying goods ..... held that an assessment of a dissolved firm, whether the proceeding was initiated before or after the dissolution of the firm, was unsustainable.64. in additional tahsildar, raipur v. gendalal [1968] 21 s.t.c. 263 (s.c), this court in an appeal from the high court of madhya pradesh, again following the jullundur vegetables case, affirmed the decision of the ..... by this court, without more, in khushi ram behari lal & co. v. assessing authority, sangrur [1967] 19 s.t.c. 381 (s.c)., and in additional tahsildar, raipur v. gendalal [1968] 21 s.t.c. 263 (s.c). khushi ram's case [1967] 19 s.t.c. 381 (s.c), arose under the east punjab general sales tax .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1976)5CTR(SC)34
..... next question that arises is, whether it remains so even after its dissolution. this leads to an examination of the provisions of the two acts.42. taking the 1953 act first, section 2(6) of the act defines a dealer. the relevant part of the definition is as follows :'dealer means any person who carries on the business of selling or ..... firm can be realised, but whether the firm as such can be proceeded against after it has been dissolved. section 35 of the 1959 act is in terms similar to section 15 of the 1953 act.50. section 18 of the 1959 act makes the firm as well as each of its partners jointly and severally liable for the tax payable by the ..... before the dissolution of the firm and has remained unpaid, or is assessed after dissolution. 'earlier law' as defined in section 2(12) of the 1959 act includes, inter alia, the 1953 act. section 19(3) of the 1959 act makes the erstwhile partners jointly and severally liable for the tax due from a dissolved firm but does not say that assessment .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC348; [1975]101ITR796(SC); (1976)1SCC324; [1976]1SCR830
..... there is no doubt that they fall within the sweep of the expression 'the advancement of any...object of general public utility' as set down in section 2(15) of the act. briefly put, they are primarily promotional and protective of indian trade interests and other allied service operations. a general concluding clause authorizes it 'to do ..... and constrained it to engraft a clause deprivatory of the exemption if the institution fulfilling charitable purposes undertook activities for profit and thus sought to hoodwink the statute. the finance minister's speech in the house explicates the reason for the restrictive condition. he stated in the house. lok sabha debates vol, lvi, 1961, p. 3073 ..... to the problem is furnished not merely by a careful look at the history of the evil and the parliamentary debate at least the finance minister's speech on the new change but the language of section 2(15) itself, read in the light of the guidelines in loka shikshana trust : [1975]101itr234(sc) .12. taking a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1975]101ITR457(SC)
..... notice of demand the liability of the assessee to pay the arrears arose only after the expiry of 35 days and this period had expired before the finance act, 1965, amending section 220(2) of the act and, therefore, the revenue had no jurisdiction to demand payment of the arrears at the rate of 6% interest. thus, it would appear that the high court ..... march 15, 1967 1,34,76,000 by march 15, 19683. soon after the request of the assessee was granted by the income-tax officer, sub-section (2) of section 220 of the act was amended by the finance act, 1965, by which the rate of interest was increased from 4% to 6% per annum. in view of this amendment, the income-tax officer by ..... -tax officer has no power to vary the rate on which the income of the previous year is to be assessed. the rate of tax is fixed by the finance act every year. by section 3, the tax is levied at that rate for an assessment year in respect of the income of the previous year. once the length of the previous year .....
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