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Madras Bar Association Vs. Union of India and anr.

Court : Supreme Court of India

..... to as, the cegat/appellate tribunal). cegat was also the appellate authority, against orders passed by the board. with introduction of service tax, under chapter v of the finance act, 1994, cegat was conferred the jurisdiction to hear appeals in cases pertaining to service tax disputes as well. the appellate tribunal is now known as the ..... such contention of mr. mehta. sub- section (3) of section 17 of the indian medicine central council act, 1970, in our view, only envisages that where before the enactment of the said indian medicine central council act, 1970 on the basis of requisite qualification which was then recognized, a person got himself registered as medical practitioner in ..... requisite knowledge in the subject. as the decision of the delhi high court is justified on the face of legal position flowing from the said central act of 1970, we do not think that any interference by this court is called for. these appeals therefore are dismissed without any order as to costs. reliance .....

Vijay Madanlal Choudhary Vs. Union Of India

Court : Supreme Court of India

..... basis of material in his possession, that if such property involved in money- laundering is not attached immediately under this chapter, the non-attachment of the property is likely to frustrate any proceeding under this act.].. 491 subs. by the finance act, 2015 (20 of 2015), sec. 146, for clause (b) (w.e.f. 14-5-2015). 302 ..... conscious of the fact that if that ground of challenge is to be accepted, it may go to the root of the matter and amendments effected vide finance act would become unconstitutional or ineffective. despite that, it had become necessary to answer the other contentions which may otherwise require consideration in the event of the principal ..... . commissioner of income tax, m.p., nagpur480, board of muslim wakfs, rajasthan vs. radha kishan & ors.481, tara prasad 478 1904 scc online pc9 (1904) 1 all lj384479 air1953sc148480 (1970) 2 scc23481 (1979) 2 scc468293 singh & ors. vs. union of india & ors.482, sakshi vs. union of india & ors.483, guntaiah & ors. vs. hambamma & ors. .....

Abdullabhai M. Bhagat, Etc. Vs. Income-tax Officer, Special Circle, Ma ...

Court : Supreme Court of India

Reported in : AIR1961SC1389; [1961]42ITR711(SC); [1962]1SCR512

..... of law inasmuch as the then federal legislature, it is submitted, was not competent to levy the surcharge. 3. provision for surcharge was made under s. 8(1) of the finance act, 1942 (act xii of 1942). this section may now be quoted :- section 8(1) 'subject to the provisions of sub-sections (2) and (3), - (a) income-tax for the ..... in item 54 of list i of the seventh schedule which was as follows :- 'taxes on income other than agricultural income.' 5. part vii of the government of india act, 1935, deals with finance, property and suits and the first chapter deals with finance. the relevant section which has been relied upon by the petitioners, i.e., s. 138(1) of that ..... act, is in that part which deals with distribution of revenues between the federation and the federal units. that section reads :- section 138(1) 'taxes on income other than .....

All India Federation of Tax Practitioners and Another Vs. Union of Ind ...

Court : Supreme Court of India

Reported in : (1998)149CTR(SC)19; [1998]231ITR24(SC)

..... cent. on the tax evaded;(iii) interest under section 158bfa.3. in addition, the finance minister has announced that in every case of detection of undisclosed income, prosecution will be launched. the relevant provisions are in chapter xxii of the income-tax act.4. besides tightening up of legal provisions, the following steps have also been taken :(i ..... , the income-tax department will considerably step up survey operations under section 133a of the income-tax act, 1961, and search operations under section 132 of the income-tax act, 1961.2. according to chapter xiv-b of the income-tax act as amended with effect from january 1, 1997, if in the course of a search, undisclosed income ..... satisfy the criteria laid down under the proviso to section 139(1) of the income-tax act.5. government is committed to making a success of the vdis-97 for fulfilling the objectives set by the government in the finance ministers budget speech. we also wish to emphasise that section 72 of the vdis-97 guarantees .....

Maxopp Investment Ltd.. Vs. commr.of i.t New Delhi

Court : Supreme Court of India

..... assessee in relation to income which does not form part of the total income under this act. 2) by the finance act, 2006, the aforesaid provision was amended whereby it was renumbered as sub ..... not be allowed as deduction. though, section 14a was inserted by the finance act, 2001, but it was given retrospective effect from april 1, 1962. original section was in the following terms: section 14a - for the purposes of computing the total income under this chapter, no deduction shall be allowed in respect of expenditure incurred by the ..... -section (1) and sub-sections (2) and (3) were added thereto. before that, a proviso was also added by amendment vide finance act, 2002 which was to operate retrospectively from may 11, 2001. in these batch of appeals, we are not concerned with sub-sections (2), (3) or the proviso .....

Plastiblends India Limited Through Its Chairman and Managing Director ...

Court : Supreme Court of India

..... the very basis of the judgment of this court in mahendra mills limited has been knocked off by the parliament with the addition of explanation 5 to section 32 vide finance act, 2001. though, this provision was given effect to from april 1, 2002, his submission was that it is declaratory in nature and, therefore, has to be applied ..... is the reason why the concent of segment reporting stands introduced in the indian accounting standards (ias) by the institute of chartered accountants of india (icai).14. analysing chapter vi-a, we find that sections 80-ib/80-ia are the code by themselves as they contain both substantive . therefore, we need to as well as procedural provisions ..... ia is a 19 code by itself and deduction allowable under section 80-ia is a special deduction which is linked to profits, unlike deductions contained in chapter iv of the act which are linked to investment.17) the aforesaid conclusion of the full bench is based on the judgments of this court and there is no reason to .....

M/S. Vijay Industries Vs. Commissioner of Income Tax

Court : Supreme Court of India

..... , imposes income tax upon a person in respect of his income. of course, income is to be charged at the rate or rates fixed for the year by the annual finance act. also the levy is to be on the total income of the assessable entity, computed in accordance with the provisions of the ..... according to it was an interpretation contrary to the legislative intent and with a view to setting at naught such interpretation. parliament, by section 12 of finance (no.2) act, 1980, introduced in the income tax act, 1961, section 80-aa with retrospective effect from april 1, 1968, that is, the date when section 80-m was originally enacted, providing that the deduction ..... making any deduction under this chapter). that alone shall be deemed to be the amount of income of that nature which is derived or received by the assessee and which is included in his gross total income.14) her submission is that though section 80ab came to be inserted by the finance (no.2) act, 1980 with effect from 01.04.1981, it .....

Engineering Analysis Centre Of Excellence Private Limited Vs. The Comm ...

Court : Supreme Court of India

..... a company, who fails to deduct the whole or any part of the 23 substituted by the finance act 2003 (32 of 2003), sec. 80(b) (w.e.f. 1-6-2003). 35 tax in accordance with the provisions of this chapter on the sum paid to a payee or on the sum credited to the account of a payee ..... software which the transferee acquires without any modification. in any case, this notification being issued on 13.06.2012, i.e., after explanation 4 was inserted vide the finance act 2012, it would not assist the revenue in asserting that explanation 4 clarifies the legal position as it always stood. 11380. the learned additional solicitor general then argued that ..... and the prevention of fiscal evasion with respect to taxes on income,43 [ india-finland dtaa ].. after setting out the rationale for the clarificatory amendment made vide the finance act 2012, the high court held : he, thus submitted that the question of copyrighted article or actual copyright does not arise in the context of software both in the .....

Commissioner of Income-tax, Hyderabad Vs. Sri Rajareddy Mallaram

Court : Supreme Court of India

Reported in : AIR1964SC825; [1964]5ITR285(SC); [1964]5SCR508

..... members of the group who were not served. the material part of s. 44 of the indian. income-tax act (insofar as it dealt with the liability of discontinued associations) before it was amended by s. 11 of finance act xi of 1958 with effect from april 1, 1958, stood as follows : 'where any business, profession or vocation ..... and imposition of tax liability notwithstanding discontinuance of the business of firms. by a fiction, the firm is deemed to continue after discontinuance for the purpose of assessment under chapter iv.' 6. in abraham's case : [1961]41itr425(sc) the court was concerned with the assessment of a firm of which the business was discontinued because ..... shall, in respect of the income, profits and gains of the. . association, be jointly and severally liable to assessment under chapter iv and for the amount of tax payable and all the provisions of chapter iv shall, so far as may be, apply to any such assessment.' 5. the section declares the liability for assessment under ch .....

Chhotabhai Jethabhai Patel and Co. Vs. the Union of India and anr.

Court : Supreme Court of India

Reported in : AIR1962SC1006; [1962]Supp2SCR1

..... certificates in regard to the tobacco moved out from their warehouses from and after march 1, 1951. bill 13 of 1951 was passed into law as the indian finance act 1951 (act xxiii of 1951 on april 28, 1951 but as passed, changes were effected in the duty proposed in the bill, as a result of certain alterations suggested ..... support of the appeal. 6. mr. pathak, learned counsel who appeared for the appellants urged three point in support of the appeals(1) section 7(2) of the finance act, 1951 in so far as it imposed an excise duty retrospectively before the date of its enactment (april 28, 1951) was beyond the legislative competence of parliament. the ..... , dealing with 'finance'. that article provides that no tax shall be levied or collected except by authority of law. there was no similar provision in the corresponding chapter of the government of india act, 1935. if collection of taxes amounts to deprivation of property within the meaning of article 31(1), then there was no point in making a .....