Court : Guwahati
..... served on the strength and in the light of the provisions for section 4 of the act as per the amendment made by the finance act of 1996 and also under the power in the proviso to section 11a which too, was added by the finance act of 1996, therefore, contends petitioner's learned counsel, the impugned notice is wholly illegal and ..... without the authority of law inasmuch as, the newly added provisions in sections 4 and 11a of the act would not have retrospective operation/ application in so far as the ..... rules 1730 of the central excise rules, 1944;(ii) unaccounted for cash amounting to rs. 13,20,588 recovered from the cashier and shri mp choudhury, vice president (finance) at the head office on 21.07.1994 and seized, alleged to he part of the under valued sale proceeds of excisable goods, shall not be confiscated under .....
Tag this Judgment!Court : Guwahati
..... the chartered accountants association and the gujarat institute of civil engineers & architects have challenged the constitutional validity of section 88 of the finance act, 1997 and section 116 of the finance (no. 2) act, 1998 levying service-tax on the consulting engineers and architects and also on the practising chartered accountants.the gujarat institute of civil ..... petitions, the court granted ad interim relief restraining the respondents from enforcing in any manner the provisions of section 88 of the finance act, 1997 and section 116 of the finance (no. 2) act, 1998 in so far as they levy service-tax on services provided to the respective clients by consulting engineers, architects and ..... levy tax on professions as, per entry 60 in list ii (state list) in the viith schedule to the constitution. the relevant provisions of the finance acts, 1997 and 1998 enacted by the parliament, therefore, suffer from the vice of lack of legislative competence as the parliament has no power to levy .....
Tag this Judgment!Court : Guwahati
..... 30, 1970. the aac held that the petitioner would be governed by the then existing law prevalent on june 30, 1969, and the provision of the amendment brought by the finance act from april 1, 1965, could not be applied. the learned tribunal held that 'the wrong' or 'the offence' was a continuing wrong and the assessee should be liable ..... continued but not exceeding in the aggregate 50% of the tax. therefore, the penalty imposable during the period is less onerous than prior to april 1, 1965. by the finance act, 1969, after april 1, 1969, the penalty imposable was altered to a sum for every month, during which the default continued, at the rate of one-half per cent ..... of the assessee that he had reasonable cause for not filing the return by the due date. however, the aac held that the amended provisions of the act brought in by the finance act, 1969, would not apply and the penalty should be on the basis of the law that existed in the assessment year and accordingly directed that the penalty .....
Tag this Judgment!Court : Guwahati
..... within the meaning of sections 193 and 228, and for the purposes of section 196 of the indian penal code (xlv of 1860)."the present section was substituted by the finance act, 1956, with effect from the 1st april, 1956, for the following section."37. power to take evidence on oath etc. - (1) the income-tax officer, appellate ..... for the selective application of a law providing for search and seizure.i have already pointed out that section 37(2) was inserted in the income-tax act only by the finance act of 1956. if the object of the income-tax was to prevent evasion of income-tax, section 37(1) which was there before insertion of sub- ..... proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the indian penal code (xlv of 1860)."before the amendment made by the finance act of 1956, section 37 stood as follows :"37. the income-tax officer, appellate assistant commissioner, commissioner and appellate tribunal shall, for the purposes of this chapter, have .....
Tag this Judgment!Court : Guwahati
..... with law drawing particular attention of the assistant commissioner of taxes to the provisions of sub-section (3) and sub-section (4) of section 19 of the assam finance (sales tax) act, 1956.25. in the result, we quash the impugned order dated 10th august, 1972, passed by the board of revenue and remand the appeal to the board ..... the orders to the assessee and the commissioner. thus it is found that in an appeal before the board as provided under section 20a of the assam finance (sales tax) act the department does not come into the picture though for the ends of justice and in compliance with the principles of natural justice the department is also usually ..... has been challenged in this writ petition.5. mr. p.g. baruah, the learned counsel for the petitioner, submits that the board of revenue under the assam finance (sales tax) act, 1956, in deciding an appeal under section 20a has no jurisdiction to pass an order, effecting enhancement of tax.6. let us now consider the submission of the .....
Tag this Judgment!Court : Guwahati
..... tax deducted at source and/or on self-assessment7. the further pleadings of the petitioner-company are that parliament having amended the provisions of the income tax act by the finance act, 1997, inserted chapter xii-d consisting of section 115-c with effect from june 1, 1997, providing for payment of additional income-tax on any ..... balabhai : [1972]86itr2(sc) ;empire jute co. ltd. v. cit : [1980]124itr1(sc) ;anglo-american direct tea trading co. ltd. v. commr. of agrl. i. t. : [1968]69itr667(sc) ;cit v. ajax products ltd. : [1965]55itr741(sc) ;cit v. mother india refrigeration industries p. ltd. : [1985]155itr711(sc) ;ajay hasia v. klialid mujib sehravardi : ( ..... of the part of income derived from the agricultural income.10. for ready and handy reference, the impugned provisions of section 115-c as introduced by the finance act, 1997, are quoted hereinbelow.taxes on income other than agricultural income'. entry 46 of list ii (state list) deals with the subject 'taxes on agricultural income .....
Tag this Judgment!Court : Guwahati
..... assessment dated 10.5.1994 passed under section 9(3) of the assam finance (sales tax) act, 1956 by the superintendent of taxes, unit-c, circle-5, guwahati in respect of the above return periods.3. the writ petitioner m/s universal luggage . is a registered ..... dealer under the assam finance (sales tax) act, 1956 and the central sales tax act. for the period mentioned above, the petitioner submitted returns showing the inter-state sale of goods to m/s aristocrat marketing ltd. a sister concern. the ..... commissioner of taxes, asam, guwahati under section 36(2) of the asam general sales taxact, 1993 read with section 74(3)(b) of the said act and section 20(2) of the asam finance (sales tax) act, 1956 for the period ending 30.9.1991, 31.3.1992, 30.9.1992, 31.3.1993 and 30.6.1993 upholding the orders of the .....
Tag this Judgment!Court : Guwahati
..... government after introducing the new industrial policy of 1993 issued the exemption notification on 4.4.1994 in exercise of the power under section 7 of the bihar finance act which was not in conformity with the new industrial policy of 1993. the supreme court in no uncertain terms observed 'the industrial incentive policy is issued by the ..... has received support in the celebrated judgment of the supreme, court in the union of india and ors. v. anglo afghan agencies etc. air 1968 sc 718. anglo afghan agencies acting in reliance on the export promotion scheme issued by the central government exported woolen goods to afghanistan and on the basis of their export claimed to ..... , opinion in collector of bombay v. municipal corporation of the city of bombay : [1952]1scr43 , as well as the decisions in union of india v. anglo afghan agencies air 1968 sc 718, and century spg. & mfg. co. ltd v. ulhasnagar municipal council : [1970]3scr854 and motilal padampat sugar mills co. ltd. v. state of up : [1979 .....
Tag this Judgment!Court : Guwahati
..... the act or a return in spite of service of notice under section 14(2) of ..... thereafter under section 18(1)(a)(i), as substituted by section 24 of the finance act, 1969?' 9. wealth-tax reference no. 3/75.10. this reference relates only to the assessment year 1968-69. in this case also no return was filed under section 14(1) of the act or a return in spite of service of notice under section 14(2) of ..... effect from april 1, 1965, by section 18 of the w.t. (amend.) act, 1964, and; thereafter, under section 18(1)(a)(i) as substituted by section 24 of the finance act, 1969 '67. wealth-tax reference no. 3 of 1975 : this reference relates only to the assessment year 1968-69. in this case also no return was filed under section 14(1) of .....
Tag this Judgment!Court : Guwahati
..... to substantiate this point dr. pal, learned counsel for the petitioners draws my attention to the list of dates with regard to excise duty on tea. in the finance act from 1981 to 1986 the position was as follows :item no.tariff descriptionrate of duty basic duty cess3. teatea includes all varieties of the produce known commercially as tea ..... 14. learned counsel for the petitioners makes the following four submissions:(i) in terms of chapter 9 of the tariff schedule of the central excise tariff act 1985 as amended by the finance act, 1998 there is no levy of excise duty of bulk tea removed in tea chests and by gunny bags exceeding 20 kgs. between 2nd june, 1998 ..... any embose affixed in the container and that will come within the brand name as per chapter 9, note 5 of the finance act, 1988-89. brand name simply means any identity mark.(iii) in interpreting the finance act, 1988-89 there is no relevancy to the earlier legislative history prior to 1998-99. in interpreting the statute, the court .....
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