Court : Madhya Pradesh
Reported in : (2005)195CTR(MP)210; [2005]278ITR122(MP)
..... from the asst. yr. 1991-92, and, therefore, will be applicable to the collections under section 206c made during the financial year 1990-91.(4) the finance act, 1990, has further amended section 44ac so as to include a 'cooperative society' also within the meaning of the term 'seller' as defined therein. the said ..... as a result of different systems prevailing in different states, the term 'purchase price', used in section 44ac of the it act, 1961, was being understood in different ways. in order to clarify this point, the finance act, 1990, has amended the said section to provide that the purchase price would mean any amount (by whatever name called ..... connaught circus, new delhi.'9. question involved in the petition is whether the letter of the finance minister will override the provisions of the act.10. letter simpliciter written by the finance minister will not have any statutory force unless the act is amended and rules are made thereunder. in the present case, purchaser is required to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1987(11)ECC118; 1987(10)LC688(MP); 1987(30)ELT81(MP)
..... plea is upheld, the petition must be allowed.6. the above facts are not in controversy and the only question is whether on these facts, section 47 of the finance act, 1982 is available to the respondents. in our opinion, a plain reading of this provision is sufficient to indicate that this contention is untenable. as indicated earlier, the ..... also provided. the respondents' contention is that by virtue of this amendment made in section 4(4)(d)(ii) of the central excises and salt act, 1944, by section 47 of the finance act, 1982, the effect of the earlier decision is superseded and the respondents are entitled to reopen the matter for making a fresh assessment of the value ..... (1) thereof, or in other words, the amendment made in section 4(4)(d)(ii) of the central excises and salt act, 1944. it is, therefore, obvious that the provisions contained in section 47 of the finance act, 1982, on which reliance is placed by the respondents, is not available in the present case on the facts which are not .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1960]11STC316(MP)
..... course of the execution of a contract'. here, the board of revenue found from the assessee's account books that the transactions in question amounted merely to financing the buyers and sellers on an agreement to charge commission and interest and that none of those dealings were entered into by the assessee himself. on these ..... above order in appeal before the board of revenue, which observed that the assessee could not be deemed to have dominion over the goods by virtue of his financing the purchasers and sellers and accordingly agreed with the previous sales tax commissioner and quashed the order of his successor.5. 'dealer' is defined in section 2 ..... to the sales tax commissioner under section 19(b) of the c.p. and berar sales tax act for determining the question whether certain transactions during the above period were sales or not. those transactions related to financing the purchasers and sellers and taking commission and interest from them, in respect of the coal business done .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(3)MPHT356
..... the opinion that the said service tax is recoverable from the service provider under section 65 (76-b) the provisions of the finance act on the packaging activities as inserted by finance act, 2005 and further service provider can pass on the liability to the retail contractors and accordingly dismissed the writ petition in limine.8 ..... by the commissioner, customs and excise. the said notices and the orders were challenged as service tax was imposed pursuant to the provisions contained in the finance act, 2005.7. the learned single judge took note of the fact that identical show-cause notices and the orders imposing service tax were issued to similarly ..... (supra), has held that bottling and sealing charges are not included in manufacturing process and therefore, they arc covered by the definition of 'packaging activity' in finance act, 2005. which of the two decision is correct?(3) whether there is a service provider and service receiver are different persons, no service tax is leviable .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1997)138CTR(MP)149; [1997]226ITR456(MP)
..... year, even though the same may not have been payable in that year under the relevant law. the explanation does not make the proviso inserted by the finance act, 1987, retrospective merely because it clarifies the reference date when the liability is incurred irrespective of time available for discharge thereof beyond the last date of the ..... considered the provision made by explanation 2 later added with retrospective effect and held that in fulfilment of the object of the proviso inserted later by the finance act, the same will have to be construed as explanatory in nature, enacted for the purpose of supplying an obvious omission and would, therefore, relate back ..... assessee along with such return. with a view to obviate any confusion about the incurring of the liability in the previous year, explanation 2 was inserted by the finance act, 1989, with retrospective effect from 1st april, 1984, the date on which section 43b had been inserted, to clarify that any sum payable within the meaning .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2004)186CTR(MP)364; [2004]266ITR364(MP); 2002(4)MPLJ495
..... 1990-91.' the aforesaid circular was issued when section 44ac was in vogue. it is apposite to mention here that section 44ac was omitted on 1st april, 1993, by finance act, 1992 and section 206c has become the self-contained provision.14. in the case of ramjee prasad sahu v. union of india : [1993]202itr800(patna) the learned ..... w.e.f. the asst. yr. 1991-92 and, therefore, will be applicable to the collections under section 206c made during the financial year 1990-91. 4. the finance act, 1990 has further amended section 44ac so as to include a 'cooperative society' also within the meaning of the term 'seller' as defined therein. the said amendment has ..... 2. as a result of different systems prevailing in different states, the term 'purchase price1, used in section 44ac of the it act was being understood in different ways. in order to clarify this point, the finance act, 1990 has amended the said section to provide that the purchase price would mean any amount (by whatever name called) paid or .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2009MP207; 2009(3)MPHT304; 2009[15]STR3; [2009]22STT105; (2009)22VST170(MP); 2009(5)AIRKarR498
..... (mp) and put forth that the decision rendered therein covers the field in entirety and the same being in total consonance with the provisions of the 1944 act and the finance act and the interpretation placed being absolutely impeccable, the bottling of liquor, by no stretch of imagination, can be regarded as a part of manufacturing process and, ..... . 249/1/2006 - cx.4, dated october 27, 2008. the board was dealing with the similar definition in the context of business auxiliary service in the finance act, 1994 where similar exclusionary clause is stipulated in the definition clause. the relevant extract of 2006 circular is as under:the activities undertaken by the cbus is appropriately ..... amounted to manufacture are also brought within the ambit and purview of the said definition.20. in this context it is worth-noting section 65 (76b) of the finance act uses the words 'but it does not include'. thus, it is a definition which has the inclusive as well as exclusive facet. by virtue of the same .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2008)214CTR(MP)344; [2009]317ITR386(MP)
..... under this head for the period prior to april 1, 1976. sub-section (2a) was inserted with effect from october 1, 1967, by the taxation laws (amendment) act, 1967 and explanation 2 inserted therein by the finance act, 1983, retrospectively, with effect from april 1, 1976, while sub-section (2b) was inserted with effect from april 1, 1970 by the ..... finance act, 1970. as earlier stated, these cases relate to the period prior to april 1, 1976, from which date explanation 2 to sub-section (2a) was inserted retrospectively. we ..... assessment and directed the assessing officer to reframe the assessment. 4. being dissatisfied with and grieved by the order of the commissioner passed under section 263 of the act the assessee preferred an appeal before the tribunal. the tribunal came to hold that the expenditure was incurred for providing the messing facility to the workers by the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP195
..... far as the allegation regarding the continuance of proceedings is concerned, there is nothing to show that this was not due to overlooking the provisions of the finance act. the appropriation of the deposit towards tax which has been assessed follows in the normal course of recovery of the taxes found due.the appointment of officers cannot ..... grievance that the authorities which were substituted by the amending rules had no power to continue the assessment, in his case.15. in the year 1950, the finance act of 1950 was passed repealing all the laws relating to income tax in part b states except for the purpose of levy, assessment and collection. the first ..... appointments of the assessing officers were actuated by any ulterior motive or that the assessments made by them were in bad faith. it is conceded that after the finance act of 1950, the assessing authorities could not function but the irregularity was due to a mistake in overlooking the relevant provisions.at any rate, it is contended .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1953]23ITR382(MP)
..... impose tax on income which accrued, arose or was received in madhya bharat prior to 26th february, 1950, and that the provisions of the indian income-tax act, 1922, and the indian finance act, 1950, which authorise the levy of the tax for the year 1950-51 are neither ultra vires nor illegal.as regards the validity of the notice the non ..... chargeability. the chargeability is left to arise by some other law, and that law is the previous state law referred to in section 13 of the finance act, 1950.'as to section 13 of the finance act, 1950, it was observed in the rajasthan high court decision that it kept alive the state law not only for the purpose of levy, assessment and ..... reasoning of the rajasthan high court is accepted, then one is led to the strange conclusion that the state law is to continue in force under section 13 of the finance act for the levy, assessment and collection of the tax on income accruing not only in the year from 1st april, 1948, to 31st march, 1949, but also accruing .....
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