Judgment Search Results Home > Cases Phrase: finance act 1968 section 38 amendment of act 1 of 1944 Page 5 of about 50,434 results (0.632 seconds)

The Commissioner of Wealth-tax Vs. Fagun Co. P. Ltd.

Court : Chennai

Reported in : 2007(1)CTC13; (2006)205CTR(Mad)225; [2006]286ITR297(Mad); (2006)4MLJ836

..... leviable. 6. heard both the counsel. it is useful to know the background of the introduction of section 40 of the finance act of 1983. earlier, wealth-tax was leviable on companies under section 3 of the finance act. section 13 of the finance act, 1960 provided that wealth-tax is not leviable on a company with effect from april 1, 1960 ..... only certain commercial assets alone are mentioned for the purpose of exemption. it does not exempt all the commercial assets. clause (vi) of sub-section 3 of section 40 of the finance act, specifically excludes buildings or part thereof used by the assessee as factory, godown, warehouse, cinema house, hotel or office for the purposes of ..... the assessee is not entitled to exemption unless the assets come within the specified assets mentioned in the said clause (vi) of sub-section (3) of section 40 of the finance act. it is noted that parliament has clearly specified the assets which are excluded under the said clause. all the commercial assets are not exempt .....

South African Property Owners Association Vs. the Council of the City ...

Court : South Africa Supreme Court of Appeal

..... )(i) of the systems act. 14. section 15 of the finance act. 15. section 16(1) of the finance act. 16. section 16(2) of the finance act. 17. section 17(1) of the finance act. 18. section 17(3)(a),(b) and (c) of the finance act. 19. section 18 of the finance act. 20. section 21(1) of the finance act. 21. section 22(a) of the finance act. 22. section 23(1) of the finance act. 23. section 23(2) of the finance act. 24. section 24(1) and ..... (2)(a),(b) and (c) of the finance act. 25. section .....

Commissioner of Income-tax Vs. P.S.S. Investments (P.) Ltd.

Court : Chennai

Reported in : [1971]79ITR456(Mad)

..... company, amongst others, is bound to pay a super-tax at the rate for that year as laid down by the relative finance act (section 55 of the indian income-tax act, 1922). under the finance act of 1958, which has been referred to before us in connection with the cases under review, super-tax shall be charged at ..... reduced for the purpose of reducing the rebate in corporation tax in the manner directed ?' 2. mr. balasubrahmanyan for the revenue has taken us through the finance acts of 1949, 1951, 1955 and 1958, to bring out the distinction between distribution of dividends and declaration of dividends. his contention was that the dividends having ..... of distribution of the dividend alone ought not to weigh to consider the nature and quantum of entitlement of the assessee to rebate in accordance with the finance acts. the appellate assistant commissioner accepted in principle the assessee's contention that the components of the dividend should be considered with reference to the profits of .....

A.H. Wheeler and Co. P. Ltd. Vs. Income-tax Officer, a Ward

Court : Allahabad

Reported in : [1973]88ITR231(All)

..... petition.4. the other contention is that the income-tax officer acted outside the scope of section 35 of the act inasmuch as there was no mistake apparent from the record. there was, it is said, a debatable question whether the finance act, 1958, and the finance act, 1959, warranted 'the reduction of super-tax rebate. it appears ..... that in the rectification proceedings before the income-tax officer it was contended that the relevant provisions of the two finance acts ..... no comparison whatever is possible between the two.5. this is a case where the income-tax officer omitted to apply the relevant provisions of the finance acts of 1958 and 1959, and we are satisfied that the omission constitutes a mistake apparent from the record. it has not been shown to us .....

Indian Hotels and Restaurant Association Represented by Its Treasurer ...

Court : Mumbai

..... air-conditioning, well-dressed waiters, linen, cutlery, crockery, music on a dance floor, etc.. thus, a new clause (zzzzv) was inserted to section 65(105) of the finance act, 1994 by the finance act, 2011. according to the said clause, the service provided by a restaurant having specified facilities such as air-conditioning and licence to serve liquor, was ..... , a service tax was payable on 30% of the gross amount charged by the restaurants to its customers. a tax levied under section 65(105)(zzzzv) read with section 66 and section 67 of the finance act, 1994 is a service tax on supply of food and beverages in a restaurant falling under sub-clause (f) of clause 29a ..... by this writ petition under article 226 of the constitution of india, the petitioners are claiming a writ, order or direction declaring clause (zzzzv) of section 65(105) of the finance act, 2010 as ultravires the constitution of india, null, void and of no legal affect. it is prayed that the said provision be struck down as .....

The Commissioner of Income Tax-v Vs. Natraj Stationery Products (P) Lt ...

Court : Delhi

Reported in : (2009)222CTR(Del)430; [2009]312ITR22(Delhi); [2009]177TAXMAN168(Delhi)

..... present appeal, it would be sufficient, if a note is made of the fact that the section was amended by the finance act, 1992 with effect from 01.04.1993, thereafter by the finance act, 1993 with effect from 01.04.1994, then the finance act, 1994 with retrospective effect from 01.04.1994 and with effect from 01.04.1995, then ..... deduction with respect to the 'profits and gains' from industrial undertaking in certain stated cases as enumerated in the section was brought on the statute book by virtue of the finance act (no. 2), 1991 by insertion of section 80-ia with effect from 01.04.1991. this provision has undergone amendment several times. for the purpose of the ..... e., assessment years 2000-01 and 2001-02 under the provision of section 80-ib(3)(ii). the assessing officer failed to note that by virtue of the finance act,1999 with effect from 01.04.2000, section 80-ia had been bifurcated, and consequently, substituted by sections 80-ia and 80-ib. in these circumstances, the respondent/assessee .....

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 .....

Commissioner of C. Ex. Vs. Eid Parry Confectionery Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (2005)(179)ELT447Tri(Chennai)

..... and always to have been valid for all purposes, as validly and effectively taken or done" vide section 117 of the finance act, 2000. later on, the finance act, 2003, made certain amendments to the service tax provisions of the finance act, 1994, whereby the aforesaid assessees were required to present tax returns to the proper officer within six ..... 5-2000 in show cause notices dated 13-5-2002 and 14-2-2003. such demands are not affected by the amendments made to section 65 by parliament under section 116 of the finance act, 2000 and consequently they are hit by the apex court's ruling in laghu udyog bharati (supra).furthermore, undisputedly, the demands raised ..... bharati v. uoi [1999 (112) e.l.t. 365 (s.c.)]. even otherwise, counsel submits, both the demands are barred by limitation prescribed under section 73 of the finance act, 1994. the sdr has reiterated the findings in the impugned orders.5. i have carefully considered the submissions. the assessees in both the appeals are recipients .....

Commissioner of C. Ex. Vs. Bhuwalka Steel Industries Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (2005)(185)ELT153Tri(Chennai)

..... valid and always to have been valid for all purposes, as validly and effectively taken or done" vide section 117 of the finance act, 2000. later on, the finance act, 2003, made certain amendments to the service tax provisions of the finance act, 1994, whereby the aforesaid assessees were required to present tax return to the proper officer within six ..... , the demand of service tax raised by the department is heavily time-barred inasmuch as the demand raised after 12-5-2000 was not validated under section 117 of the finance act, 2000.ld. counsel has relied on the decision of this bench in cce chennai v.eid parry confectionery ltd. 3. after considering the submissions, ..... the grounds of this appeal and submits that, on account of retrospective revalidation of rule 2(1)(d)(xii) of the service tax rules, 1994 under section 117 of the finance act, 2000, the tax on the service availed by the respondents during the period of dispute was recoverable from them. ld. counsel for the respondents submits .....

Container Tea and Commodities, Represented by Its Partner Vs. Commissi ...

Court : Chennai

..... service tax, a show cause notice was issued to the service provider requiring them to show cause as to why, (i) the extended period under proviso to section 73 of finance act, 1994 should not be invoked to demand service tax not paid in as much as they have suppressed the fact of having rendered the service of "business auxiliary ..... ctandc for the promotion or marketing or sale of goods produced by their clients are squarely fall under the category of "business auxiliary service" in terms of section 65(19) of finance act, 1994, a taxable service. the service provider i.e., ctandc had neither followed the service tax procedures nor paid the appropriate service tax on the gross ..... non filing of the st3 returns; (iv) i impose a penalty of 1,72,70,465/- on m/s.container tea and commodities, coonoor, under section 78 of the finance act 1994." as against the above order, the present writ petition is filed pleading that one or other factual issues raised by the petitioner and legal plea taken has .....