Judgment Search Results Home > Cases Phrase: finance act 1968 section 9 amendment of section 80k Court: kolkata Page 4 of about 1,458 results (0.179 seconds)

M/S. Kar Enterprise Vs. Commissioner of S. Tax, Kolkata

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata

..... construction of roads, but relates to repair and maintenance of roads. we find that in view of the retrospective amendment to the finance act, 1994 by virtue of sections 97 and 98 of the finance act, 2012, no service tax be leviable in respect of management, maintenance and repairing of roads during the period from 16th june, ..... taxable services under the category of commercial or industrial construction servicesunder sub-clause (zzq) of clause (105) of section 65 of the finance act, 1994. the services primarily rendered by them relates to widening of roads and construction of bituminous roads, filling the potholes, depressions etc, with bituminous macadam, ..... the department. 2. this is an application for waiver of predeposit of service tax of rs.3.15 crores and equal amount of penalty imposed under section 78 of the finance act, 1994. 3. it is seen from the record that during the relevant period i.e. from 2005-06 to 2009-10, the applicant provided .....

M/S. B.S.N.L. Vs. Appearance

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata

..... the appellant before the ld. commissioner (appeal) beyond the statutory period of three months and the condonable period of three months, prescribed under section 85 of finance act, 1994. in view of the judgment of the honble supreme court in the case of singh enterprises (supra), the ld. commr. has no power to condone the ..... months.-in the present case, the appeal was filed by the appellant beyond the statutory period of three months and the condonable period of three months prescribed under section 85 of finance act, 1994. in view of the judgment of the honble supreme court in the case of singh enterprises vs. commr. of c.ex., jamshedpur reported in 2008 ..... cases also, the ld. commr. cannot condone the delay beyond the period of three months in addition to the statutory limit of three months as prescribed under section 85 of the finance act, 1994. it is his submission that the appeals thus liable to be dismissed. 5. we find in the present case, the appeal was filed by .....

National Planning and Construction Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1980]122ITR197(Cal)

..... the following question of law :' whether, on the facts and in the circumstances of the case and on a proper interpretation of clause (c) of sub-section (8) of section 2 of the finance acts, 1974 and 1975, the appellate tribunal was justified in holding that the assessee was not an ' industrial company ' and was, therefore, not entitled to ..... concerned.14. in the instant case, it appears that the tribunal did not consider the scope and effect of the explanation to clause (c) of section 2(8) of the finance acts, 1974 and 1975, and, therefore, did not enquire nor ascertain what part of the total income of the assessee was attributable to its activity of ..... concessional rate of tax applicable to an ' industrial company ' '7. at the hearing dr. debi pal, learned counsel for the assessee, drew our attention to section 2(8)(c) of the finance act, 1974, which reads as follows :' (c) ' industrial company ' means a company which is mainly engaged in the business of.........or in the manufacture or .....

Principal Commissioner of Income Tax2, Kolkata Vs. National Insurance ...

Court : Kolkata

..... profits and gains on investments made by the general insurance corporation of india and the four companies formed under section 16 of the general insurance business (nationalisation) act, 1972. sub-clause (b) was again introduced by the finance act, 2009 with effect from 1st april, 2011 in the following terms:- (b) (i) any gain or ..... circular no.528, dated16121988 finance act, 1988 liberalisation of provisions in respect of taxation of profits and deduction of tax at source applicable to the general insurance corporation and its subsidiaries 45.1 under the existing provisions of section 44 of the income-tax act, the profits and gains of any insurance business is computed ..... tax purpose also can be construed from the notes on clauses extracted from the finance bill, 1988. we have reproduced the relevant portion thereof earlier in this judgment. having regard to the provisions of section 44 of the act read with firs.schedule thereto, in our opinion the assessing officer for the applicable .....

Peico Electronics and Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1993)44ITD711(Kol.)

..... stand that the order of the commissioner having been passed before 1-6-1988, i.e., prior to the amendments made by the finance act, 1988 as well as the finance act, 1989 to section 263 of the act, the doctrine of merger must be held to be applicable. he also drew our attention to the decision of the kerala high court ..... the present case.16. the learned counsel for the assessee submitted that the amendment made to section 263 of the act by inserting a new explanation with effect from 1-6-1988 by the finance act, 1988 and the further amendment made by the finance act, 1989 extending the scope of the explanation with retrospective effect from 1-6-1988 applied only ..... for the assessee was at pains to point out that the order under section 263 in the present case having been passed on 24-3-1988 the explanation (c) to section 263 inserted by the finance act, 1988 with effect from 1-6-1988 and expanded by the finance act, 1989 with retrospective effect from 1-6-1988 cannot be pressed into service .....

M/S. Balaji Constructions Vs. Commissioner of Central Excise and S. Ta ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata

..... category of construction of roads, but relates to repair and maintenance of roads. he submits that the retrospective amendment to the finance act, 1994, namely, sections 97 and 98, inserted in the finance act, 2012, no service tax be leviable in respect of management, maintenance and repairing of roads for the period from 16th june ..... 03.2010, the applicant provided taxable services under the category of commercial or industrial construction services under sub-clause (zzq) of clause (105) of section 65 of the finance act, 1994. the services primarily rendered by them relates to widening of roads and construction of bituminous roads, filling the potholes, depressions etc, with bituminous ..... predeposit of service tax of rs.1,00,82,008/- and penalty of rs.1,15,00,000/-imposed under section 78, penalty under section 77 and penalty under section 76 (not quantified) of the finance act, 1994. 2. at the outset, the ld. advocate appearing for the applicant, has submitted that during the relevant .....

Commissioner of Income-tax Vs. L.H. Hall

Court : Kolkata

Reported in : [1980]123ITR738(Cal)

..... the history of this particular piece of legislation. the opening words of section 10 indicate that the exemption is sought to be given to income. this section does not deal with the status of the individual but his income. the finance act of 1955 introduced section 4(3)(xiva) with effect from the 1st april, 1955. the ..... could be operative it was substituted by clause (xiva) of the finance act of 1956. the explanation we have quoted above has also been included more or less in the same form in the 1961 act as well. it should be appreciated that in section 10(6)(vii) exemption is being given to income due to or ..... sciences and having experience in industrial practice who is employed in india in a capacity in which such specialised knowledge and experience are actually utilised.' 27. the finance act, 1958, changed the explanation to clause (xiva) and substituted the following explanation:'explanation.--'technician' means a person having specialised knowledge and experience in constructional or .....

Sukhlall Chandanmull Vs. A.C. JaIn and anr.

Court : Kolkata

Reported in : AIR1958Cal669

..... tax cannot equally reasonably be re-classified or subdivided for the purposes of super tax.17. i, therefore, hold that the finance act, 1951 as applicable to the finance act, 1954 under section 2 of the finance act, 1954 is not ultra vires the constitution and does not infringe the right of equality before the law or the equal ..... the basis of the assessment made, the income-tax officer applied the different rates of income-tax, surcharge and super-tax prescribed by the finance act of 1951 as applicable to the finance act, 1954 for the said assessment year. dr. pal appearing for the appellant has challenged the validity of progressive and graduated system of tax ..... protection of the laws. i hold further that the finance act is not ultra vires the constitution and the rates imposed thereunder are neither .....

Commissioner of Wealth-tax Vs. Rama Shankar Bajoria

Court : Kolkata

Reported in : [1992]194ITR132(Cal)

..... that the declarant is treated as having discharged all his liability in respect of the said income under the income-tax law.the amount declared under section 68 of the finance act, 1965, has the liability to pay income-tax imbedded in it on the valuation date but only the ascertainment of that liability is postponed to ..... the supreme court held as follows (headnote) :'where an amount based on the concealed income disclosed by the assessee under the voluntary disclosure scheme pursuant to section 68 of the finance act, 1965, is included in the net wealth of the assessee, liability in respect of income-tax payable on the income so disclosed is deductible as a ..... liability on income and wealth voluntarily disclosed by the assessee under section 14(1) of the voluntary disclosure of income and wealth ordinance, 1975, subsequent to the valuation date is an admissible deduction in computing the net wealth of the assessee for the assessment years 1968-69 to 1970-71 ?'2. shortly stated, the facts are .....

Jeewanlal (1929) Ltd. Vs. Income-tax Officer, J-ward and anr.

Court : Kolkata

Reported in : [1979]118ITR946(Cal)

..... in order to determine the question whether there was wrong calculation at the rate applicable to priority income it is necessary to refer to the relevant provisions of the finance act, 1965. section 2(5)(a)(i) proceeds as follows : 'in respect of any assessment for the assessment year commencing on the 1st day of april, 1965- (i) an ..... is not necessary to refer to this aspect any further. it was contended alternatively that the petitioner was entitled to certain deductions as provided under section 2(5)(a)(i) of the finance act, 1965, as the said receipts were income or profits derived from export of goods or merchandise out of india. the petitioner also contended that the ..... -75 for the assessment years 1967-68 and 1968-69 had taken that view. it may also be contended that there being no export and profits in respect of import entitlement the petitioner was not entitled to deduction of tax as contemplated under section 2(5)(a)(i) of the finance act, 1965. i am not concerned at this stage .....