Court : Karnataka
Reported in : (2004)189CTR(Kar)132; ILR2003KAR2140
..... state trading corporation is not distinguishable on facts, the retrospective amendment with a validation clause made is only to make good the deficiency in the language employed in entry 31-b of the fifth schedule to the act, otherwise the state is obliged to refund taxes that are collected for the periods 1.4.1992 and onwards, based on the entry that existed from 1.4.1992 and onwards. ..... said:- 'the components which enter into the concept of a tax are well known, the first is the character of the imposition known by its nature which prescribes the taxable event attracting the levy, the second is the clear indication of the person on whom the levy is imposed and who is obliged to pay the tax, the third is the rate at which the tax is imposed and fourth is the ..... secondly, in view of the amendment, even if it is assumed that the imported sugar is excluded from the purview of entry 31-b of the fifth schedule and requires to be taxed either under second or the fourth schedule to the act for the first time, the same could not have been done to affect the vested rights of a dealer ..... minister for sugar by his letter dated 11.9.1997 requests the hon'ble chief minister and minister for finance to bring in a legislation to facilitate the department to levy tax on imported sugar at 15% for ..... bingham, ((1969) lr 4 ch app 735) did not considered it an invariable rule that a statute could not be retrospective unless so expressed in the very terms of the section which had to be, construed, and said .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1985(4)ECC289; 1984(17)ELT300(AP)
..... poster paper is totally exempted from levy of excise duty from 16-3-1976 to 18-6-1980 by virtue of the amendment of tariff item 17 by finance act 2 of 1976, and secondly, that poster paper has become dutiable under tariff item no. ..... where the learned judges dealing with the ambit and scope of item 68 observed as follows : 'the expression 'not elsewhere specified' referred to in item 68 means the total omission of failure to specify goods in the schedule to the central excise act either for the purpose of taxability or for the purpose of exemption from liability to duty. ..... may, by notification in the official gazette, fix, for the purpose of levying the said duties, tariff values of any articles enumerated, either specifically or under general headings, in the first schedule as chargeable with duty ad valorem and may alter any tariff values for the time being in force. ..... - for the purposes of this item, goods which are referred to in any preceding item in this schedule for the purpose of excluding such goods from the description of goods in that item (whether such exclusion is by means of an explanation to such item or by words of exclusion in the description itself or in any other manner) shall be ..... as poster paper is a kind of paper for which the main tariff in the first schedule is item 17 and he accordingly held that poster paper has been correctly classified under tariff ..... goods as meaning 'goods' specified in the first schedule as being subject to duty of excise and includes salt .....
Tag this Judgment!Court : Orissa
Reported in : 2004(I)OLR107; [2005]139STC305(Orissa)
..... is whether the state government wh.ile exercising the power of issuing a notification under the bihar finance act could deny benefits declared by the state government under its industrial incentive policy and the supreme court held :'coming to the second question, namely the issuance of notification by the state government in exercise of power under section 7 of the bihar finance act, it is true that issuance of such notifications entitled the industrial units to avail of the ..... in this view of the matter, any notification issued by the government order in exercise of power under section 7 of the bihar finance act, if is found to be repugnant to the industrial policy declared in a government resolution, then the said notification must be held to be bad to ..... dealer was exempted from payment of tax on purchase of raw materials under the industrial policy resolution, 1986 and under entry 26-d (i) of the tax free schedule inserted by the said finance department notification no. ..... reason given in the aforesaid impugned order of the sales tax officer is that under entry 26-d (i) of the tax free schedule inserted by the finance department notification no. ..... 5389 dated 13.2.1987, entry 26-d (i) was inserted in the tax free schedule exempting purchase of raw materials by new industrial units from sales tax for a period of five years from the date of ..... 5389 dated 13.2.1987 under entry 26-d (i) of the tax free schedule and was not entitled to refund of tax paid by the petitioner on purchase of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC422; (1991)3CompLJ367(SC); (1991)100CTR(SC)114; [1992]193ITR281(SC); JT1991(4)SC350; 1991(2)SCALE1014; 1992Supp(1)SCC732; [1991]Supp2SCR187
..... there are three stages in the manufacture of the steel:(i) the first stage when ingots are obtained by tapping and then teeming the molten steel into rectangular moulds; (ii) the second stage where semi-finished steel is cast in the form of blooms, billets and slabs by reheating the ingots to an appropriate temperature and rolling or forging them into shapes; and(iii) the production from ..... again, in 1964, when the finance act of 1964 decided to grant a rebate in the corporation tax payable by companies in order to encourage development of certain industries which occupy an important place in our economy, the list of industries named in the finance act was similar to and included many of the items, including items 1 to 3, of the list we are ..... the articles manufactured by them fall under item 1 of the list of articles and things set out in the relevant schedule which reads:iron and steel (metal), ferro-alloys and special steels.2. ..... the assessee cited a circular of the board that, under item 2 of the schedule, the higher development rebate would be available to an assessee who manufactured articles from aluminium scrap [ ..... there is, therefore, a distinction between the article or thing referred to in the schedule as 'iron and steel (metal)' and articles or things manufactured from 'iron ..... of no direct relevance here except to point out that no attempt was made in the case to contend that they will fall under item 2 of the schedule which covers 'aluminium, copper, lead and zinc (metals)'. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC424; (1976)4SCC712
..... , clear that the paid-up capital of the company during the assessment year cannot be said, for purposes of paragraph d of part ii of the first schedule to the finance act, 1958, to be the paid-up capital of the year in which the profits arose and from which dividends were distributed during the assessment year.8. ..... the correct answer, in our opinion, should be that for computing the reduction in rebate under paragraph d of part ii of the first schedule to the finance act, 1958 the position of profits and gains as it existed in the previous year should be taken into ac-count and not in the years ..... the tribunal dismissed the appeal holding that the 'previous year' under explanation (iii), to paragraph d of part ii to the first schedule to the finance act, 1958, refers only to the previous year out of the profits of which the dividends were declared and therefore the com position of the profits and gains of the company out of which ..... , for the purposes of section 55 of the indian income-tax act, 1922 (xi of 1922) (hereinafter referred to as the income-tax), be charged at the rates specified in part ii of the first schedule.we are concerned in the present case with paragraph d of part ii of the first, schedule to the finance act 1958. ..... facts and in the circumstances of the case, the appellate tribunal was right in holding that for computing the reduction in rebate under para d of part ii to the first schedule to finance act, 1959 (in rule a. no. ..... the second proviso carves out reduction in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2594; JT2005(5)SC427; (2005)11SCC1; [2005]141STC358(SC)
..... first batch of writ petitions, and while the appeals against the said judgment and order were pending before this court, on 1.4.2001 the state of kerala amended section 5(2c) of the kerala general sales tax act; by the finance act of 2001, by adding an explanation which was brought into effect retrospectively from july 1, 1987 which reads as follows :-'explanation : for the removal of doubt it is hereby clarified that any distillery in the state ..... rules made thereunder every dealer shall pay turnover tax on the turnover of goods as specified hereunder, namely :-(a) by an oil company defined in the explanation under serial number 97 of the first schedule to this act whose total turnover in a year exceeds rupees fifty lakhs at the rate of three percent on the turnover from the 1st day of april, 1991 till 31st day of july, 1991 and thereafter at the rate ..... casual trader or agent of a non-resident dealer, whatever be his total turnover for the year, shall pay tax on his taxable turnover for that year,-(i) in the case of goods specified in the first or second schedule, at the rates and only at the points specified against such goods in the said ..... section 5(1)(i) tax is payable (a) on goods specified in the first and second schedule, (b) at the rates and (c) at the points specified against such goods in the said schedules. ..... the case of goods specified in the first or second schedule, at the rates and only at the points specified against such goods in the said schedules;... ..... ..... .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1976)5CTR(SC)0001B
..... shall not be payable :in respect of tobacco, cotton fabrics, rayon or artificial silk fabrics and woollen fabrics as defined in items 9, 12, 12a, 12b at the first schedule to the central excises and salt act 1944, (1 of 1944), included in entries (a) and (c) above, no tax under the bengal finance (sales-tax) act 1941, shall be payable in the union territory of delhi only if additional duties of excise have been levied on them under the additional duties of excise (goods of ..... the issue of the impugned notification, must be treated non-est and void abi nitin, inasmuch as the amendments of the second schedule whereby those exemptions were granted, were made without complying with the requirement of 'not less than three months notice' ..... third object seems to be that the dealers and others likely to be affected by an amendment of the second schedule may get sufficient time and opportunity for making representations, objections or suggestions in respect of the intended ..... municipal board, rampur, the bench held that what is mandatory in section 6(2) is the requirement as to the giving of reasonable notice of the governments intention to amend the second schedule, for the information of the public and that 'no special significance or sanctity is attached to the span of time of three months provided in sub-section (2) of ..... . thereupon, the state persuaded parliament to enact the validation act of 1969 with a view to remove the roadblocks which resulted in the decision in kedias case .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2009)223CTR(SC)321; JT2009(11)SC151; 2009(7)SCALE341(1); (2009)12SCC209; [2009]17STJ237(SC); 2009[14]STR593; [2009]20STT203; 2009(6)LC2739(SC); (2009)24VST1(SC); 2009AIRSCW5301
..... whether sale, promotion and marketing of lottery tickets would be exigible to `service tax' within the meaning of the provisions of section 65(105) of the finance act, 1994 (hereinafter called and referred to for the sake of brevity as `the act') is the question involved in this appeal which arises from a judgment and order dated 18.9.2007 passed by the high court of sikkim in writ petition (c) no ..... government of sikkim in promoting and marketing of lotteries; the state government is also empowered to impose tax on the organization and conduct of lotteries in the state in exercise of its powers under entries 34 and 62 of the list ii of the seventh schedule read with articles 245 and 246 of the constitution of india, despite the fact that the same transaction creates two taxable events, namely, the organization of the lotteries itself and ..... the first is with regard to the two different meanings of 'property', as highlighted in paragraph 35 of the judgment and the second is with regard to the distinction between interests in goods and a contract as highlighted in paragraph 43 of the judgment. ..... salve that nobody had demanded tax under the second clause is correct, we do not know why the principle of `small repairs' by inserting an explanation was taken recourse to ..... of income tax, delhi-i : [2007]289itr83(sc) , holding:it may be noted that the amendment made to section 271 by the finance act, 2002 only stated that the amended provision would come into force with effect from 1.4.2003. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : IV(2008)BC421(SC); 153(2008)DLT27(SC); 2008(12)SCALE42; (2008)9SCC763
..... for reasons which are obvious, the respondent-company chose not to take recourse either to section 20 of the rddb act or rule 60 of the second schedule of the income tax act, 1961, and took a chance of filing an appeal under section 30 of the rddb act with regard to the fixation of the reserve price of the company's assets by the recovery officer for the purposes of the auction sale and the scope of the appeal was limited to such issue alone.36. ..... act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984), the sick industrial companie (special provisions) act, 1985 and the small industries development bank of india ..... as otherwise provided in sub-section (2), the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument have effect by virtue of any law other than this act (2) the provisions of this act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), the unit trust of india .....
Tag this Judgment!Court : Kerala
Reported in : 1983LC1462D(Kerala); 1983(14)ELT1751(Ker)
..... a second category of the exemption notifications grant exemption from so much of the special/additional/auxiliary duty leviable thereon under stated sub-section of stated section of the finance act or special act as is in excess of the specified percentage of the duty of excise chargeable under that statutory provisions read with any notification. ..... being satisfied that it is necessary in the public interest so to do hereby exempts viscose staple fibre and viscose tow, falling within chapter 56 of the first schedule to the customs tariff act, 1975 (51 of 1975), when imported into india, from so much of the duty of customs leviable thereon under the said first schedule as is in excess of 10% ad valorem :provided that nothing contained in this notification shall apply to :(i) high performance viscose staple fibre and high performance viscose tow ..... , being satisfied that it is necessary in the public interest so to do hereby exempts wood pulp falling within chapter 47 of the first schedule to the customs tariff act, 1975 (51 of 1975), when imported into india for the manufacture of paper, from so much of that portion of the duty of customs leviable thereon which is specified in the said first schedule, as is in excess of five per cent ad valorem'.the delhi high court prima facie held that this notification obviously limits .....
Tag this Judgment!