Court : Punjab and Haryana
Decided on : Mar-14-2007
Reported in : [2007]294ITR563(P& H)
..... in claiming exemption from the liability of tax, on the basis of the statement of the union finance minister, unless it can bring itself within the four corners of an exemption clause under the income tax act.27. the third contention of learned counsel for the petitioner is that, a market committee is a ..... for the grant of exemption from the payment of income-tax, even according to the statement of the union finance minister, the market committees would have to establish eligibility under section 11 of the income tax act. it would extend the parameters of statutory interpretation, to unreasonable limits, if such like opinions, are taken into ..... is inconsequential, unless the same is supported by a positive statutory interpretation of the provisions of the income tax act. we, therefore hereby conclude by holding, that the response of the union finance minister cannot be taken into consideration for granting any tax benefit, to the respondent-market committee, unless the market committee can .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-08-2007
Reported in : [2009]313ITR318(P& H)
..... the benefit of amendment made in section 80hhc by finance act no. 2 of 1991 could not have been extended to the assessee in relation to the assessment year 1984-85. the position would not be different with respect to ..... assessee. in that regard again reliance was placed on the judgement in the case of m/s gem granites (supra) wherein section 80 hhc(unamended) alongwith the amendment made by finance act no. 2 of 1991 was considered. applying the ratio of the judgement of hon'ble the supreme court in respect of the assessment year 1984-85 it was held that ..... is sufficient to mention that the cit(appeals) as well as the tribunal have treated the provisions of the amended section 80hhc of the act applicable to the case of the assessee as if the amendment made by finance act no. 2 of 1991 was retrospective. this has to be treated as legally unsustainable in view of the law laid down by the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-06-2007
Reported in : 2008(221)ELT508(P& H)
..... j.) is a member, in the case of m/s enkay (india) rubber co. pvt. ltd. (supra) has concluded that by necessary intendment expressed by amendment carried by finance act, 2001 w.e.f. 11.5.2001, the power of remand from the commissioner (appeals) has been taken away. the reliance of learned counsel for the assessee-respondent on the ..... for the parties, we find that there is merit in the contention raised on behalf of the revenue. once the power of remand has been expressly taken away by the finance act, 2001, which came into operation w.e.f. 11.5.2001, the commissioner (appeals) is divested of power to remand the case back to the adjudicating authority. ..... :whether commissioner (appeals) is still vested with the powers to remand back cases to the adjudicating authority consequent to the specific amendment in this regard carried out by the finance act, 2001 w.e.f. 11.5.201.2. after hearing learned counsel for the parties, perusing the order-in-original dated 23.3.2004, passed by the adjudicating .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-12-2007
Reported in : (2009)221CTR(P& H)479; [2008]300ITR440(P& H)
..... tax or refund was due from him after making such adjustments. with effect from april 1, 1998, the second proviso to section 143(1)(a) was substituted by the finance act, 1997, which was operative till june 1, 1999. the requirement was that an intimation was to be sent to the assessee whether or not any adjustment had been ..... return and making the permissible adjustments only. as a result of insertion of the explanation to section 143 by the finance (no. 2) act of 1991 with effect from october 1, 1991, and subsequently with effect from june 1, 1994, by the finance act, 1994, and ultimately omitted with effect from june 1, 1999, by the explanation as introduced by the ..... finance (no. 2) act of 1991 an intimation sent to the assessee under section 143(1)(a) was deemed to be an order for the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-30-2007
Reported in : [2009]316ITR149(P& H)
..... 'one and one-fourth per cent' shall be substituted with effect from the1-6-2001 (this clause (b) is not part of explanation but section 79 of the finance act, 2001-ed.)the said explanation was subject-matter of challenge before this court in raj kumar singal's case (supra) where the division bench while upholding the validity of ..... reference to the total income as had been declared by the assessee in its return and not on the assessed income. explanation 1 to section 234b of the act was amended by the finance act, 2001. it reads thus:explanation i.-in this section, 'assessed tax' means the tax on the total income determined under sub-section (1) of ..... mr. yogesh putney, the learned counsel for the revenue drew our attention to explanation to section 234b of the act. according to the learned counsel, the aforesaid explanation 1 to section 234b of the act has been amended by the finance act, 2001 with retrospective effect from 1-4-1989 and the vires of the same stands upheld by this court in .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-06-2007
Reported in : (2007)212CTR(P&H)77
..... integia as a division bench of this court in the case of cit v. roshan singh makkai has taken the view that the proviso added to section 113 by finance act, 2002, cannot be considered as retrospective in its effect and therefore would not be applicable to the search conducted on 6th april, 2000. learned counsel for the revenue ..... took place on 6th april, 2000, which was much prior to the date of amendment made in section 113 of the act. the amendment was incorporated on 1st june, 2002, by inserting proviso to section 113 by finance act, 2002. it was by the amendment that levy of surcharge on the undisclosed income was specifically provided w.e.f. ..... the observation that the surcharge was levied as per the provisions of part i of the 1st schedule appended to finance act, 2000. on the ground that there was no mistake apparent on the record, the application under section 154 of the act was rejected. however, the commissioner of income-tax (appeals), ludhiana [for brevity 'the cit(a)'], reversed .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-04-2007
Reported in : 2008[9]STR229; [2007]14STT92
..... assessee-respondent do not fall in any of the category specified in the definition of 'business auxiliary service' as per subjection 19 of section 65 of the finance act, 1994 (for brevity, 'the finance act).2. the argument raised by the revenue is that the activity carried out by the assessee-respondent amounted to promotion or marketing of service provided by its ..... dropping of the name of the principal company, it would become part of the definition of 'business auxiliary service' within the meaning of section 65(19)(ii) of the act. the view taken by the tribunal is unassailable and deserves to be upheld.4. in view of above, instant appeal is dismissed being squarely covered by our judgment in ..... orderm.m. kumar, j.1.this appeal filed by the revenue under section 35g of the central excise act, 1944 (for brevity, 'the act'), challenges order dated 30-8-2006, passed by the customs, excise and service tax appellate tribunal, new delhi (for brevity, 'the tribunal') (annexure p-3), holding that .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-08-2007
Reported in : 2007(123)ECC302; 2007(149)LC302(P& H); 2007(216)ELT181(P& H)
..... before the commission was filed before the cognisance of the complaint has been taken by the court. at this juncture the bench pointed out that the wordings in the finance act and decisions relied upon by the ld. advocate relate to an expression, '...where prosecution for any offence...has been instituted...' whereas on the other hand, the proviso ..... 31.01.2006) of receipt of the application for settlement, as concerned firs were filed before jmic/ludhiana on may 2004 and 24.08.04. the wordings in the finance act and decisions relied upon by the ld. advocate relate to an expression, '...where prosecution for any offence...has been instituted...' whereas on the other hand, the proviso ..... fell for consideration of madras high court in the case of m. natarajan (supra). a learned single judge while interpreting the provisions of section 91 of the finance act, 1998 has concluded in para 15 as under:15. true, this provision of the scheme shall not apply to any person in respect of whom prosecution .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-02-2007
Reported in : (2007)212CTR(P& H)497; [2009]311ITR412(P& H)
..... (mumbai) 282-ed. the tribunal in the said decision has observed as under:under sub-section (2) of section 40 the finance act, 1983; the crucial words which require interpretation are belonging to the company'. the legislative mandate is that all the assets enumerated in sub ..... net wealth of the assessee. the ao also came to the conclusion that as per section 40(3)(iv) of the finance act, 1983, building or land owned by an assessee is to be included in the net wealth unless the building was used ..... it is covered by section 2(e) of the wt act. it would appear that these words 'belonging to the company.' it is enough in order to bring the asset under finance act, 1983 that the asset should be belonging to the company ..... podar cement (p) ltd. : [1997]226itr625(sc) has clearly held that similar and corresponding provisions made in section 27 of it act, 1961 were declaratory and clarificatory in nature. consequently these provisions were held to be retrospective in operation. the purpose and nature of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-14-2007
Reported in : (2007)213CTR(P& H)15; (2007)9VST700(P& H)
..... the assessee-respondent do not fall in any of the category specified in the definition of 'business auxiliary service' as per sub-section (19) of section 65 of the finance act, 1994. the argument raised by the revenue is that the activity carried out by the assessee-respondent amounted to promotion or marketing of service provided by its principal m/ ..... tax amounting to rs. 49,251 involved in taxable value amounting to rs. 6,15,631 should not be demanded from them under section 73(b) of the finance act, 1994. the show cause notice also contemplated as to why penalty should not be imposed upon them under sections 75a, 76 and 77 of the ..... promotion or marketing provided by the assessee-respondent to the principal client and, therefore, the activities of the assessee-respondent are covered by section 65(19)(ii) of the act. according to the learned counsel, by virtue of the activity of the assessee-respondent drawing samples of blood, urine and stool, etc., they end up advertising and advancing .....
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