Court : Delhi
..... the scheme as non- refundable.8. the revenue s contention to oppose the relief claim is that the income declaration scheme, 2016 enacted under chapter ix of the finance act, 2016 is a self-contained and complete code exclusive from w.p.(c) 11216/2016 page 5 of 17 the other provisions of the income tax ..... income in respect of which declaration under this section is made. charge of tax and surcharge. 184 . (1) notwithstanding anything contained in the income-tax act or in any finance act, the undisclosed income declared under section 183 within the time specified therein shall be chargeable to tax at the rate of thirty per cent of such undisclosed ..... year as modified in consequence of giving effect to an appellate order but remaining unpaid on the date of declaration;" likewise, explanation to section 2 (m) of the finance act (no.2) of 1998, which introduced the scheme (of 1998) provided that:"explanation.- where a declarant has already paid either voluntarily or under protest, any amount of .....
Tag this Judgment!Court : Delhi
..... . legislative history 15. it is necessary first to examine the background to the insertion of section 260a of the act. by the finance act no.2 of 1998 a new sub- heading and section were inserted in chapter xx of the act. the memorandum to the amending bill explained what may have been the legislative intent behind the insertion of section 260a ..... of the act. in it, a reference was made to the decision of the kerala high court in cit v. wandoor ..... of the high court to condone delay beyond that period would have to be interpreted in this context. strict construction 20. sub-section (2a) was inserted by the finance act 2010, giving powers to the high court to condone the delay in filing the appeal. there was a difference of opinion of the high courts on whether the high .....
Tag this Judgment!Court : Delhi
..... . legislative history 15. it is necessary first to examine the background to the insertion of section 260a of the act. by the finance act no.2 of 1998 a new sub- heading and section were inserted in chapter xx of the act. the memorandum to the amending bill explained what may have been the legislative intent behind the insertion of section 260a ..... of the act. in it, a reference was made to the decision of the kerala high court in cit v. wandoor ..... of the high court to condone delay beyond that period would have to be interpreted in this context. strict construction 20. sub-section (2a) was inserted by the finance act 2010, giving powers to the high court to condone the delay in filing the appeal. there was a difference of opinion of the high courts on whether the high .....
Tag this Judgment!Court : Delhi
..... passport office. thus, the inference of escaped income is based upon materials gathered from extraneous sources and not from search. section 158bb (subsequent to amendment by the finance act, 2002 w.e.f. 01.07.1995) states how the undisclosed income of the block period needs to be computed on the basis of evidence found as ..... the form of section 158ba (2) is inserted making it ita1192004 & 423/2004 page 18 of 28 a charging section. thus, a diagnostic of chapter xivb of the act leads to irresistible conclusion that it contains all the provisions starting from charging section till the completion of assessment, by prescribing special procedure in relation thereto, making ..... for the block period which may be 6 years or 10 years, as the case may be. consequently, as already mentioned, while analyzing the scheme of chapter xivb, such chapter is a complete code in respect of assessments of 'undisclosed income'. not only it defines what is undisclosed income, it also lays down the block period for .....
Tag this Judgment!Court : Delhi
..... passport office. thus, the inference of escaped income is based upon materials gathered from extraneous sources and not from search. section 158bb (subsequent to amendment by the finance act, 2002 w.e.f. 01.07.1995) states how the undisclosed income of the block period needs to be computed on the basis of evidence found as ..... the form of section 158ba (2) is inserted making it ita1192004 & 423/2004 page 18 of 28 a charging section. thus, a diagnostic of chapter xivb of the act leads to irresistible conclusion that it contains all the provisions starting from charging section till the completion of assessment, by prescribing special procedure in relation thereto, making ..... for the block period which may be 6 years or 10 years, as the case may be. consequently, as already mentioned, while analyzing the scheme of chapter xivb, such chapter is a complete code in respect of assessments of 'undisclosed income'. not only it defines what is undisclosed income, it also lays down the block period for .....
Tag this Judgment!Court : Delhi
..... in cj international (supra) did not examine the true import of the amended provisions.9. the text of section 201(1) and (3) of the act read, when amended with effect from 1-4-2010, (by finance act 2012), reads as follows: 201. (1) where any person, including the principal officer of a company, (a) who is required to deduct any sum ..... provided that any person, including the principal officer of a company, who fails to deduct the whole or any part of the tax in accordance with the provisions of this chapter on the sum paid to a resident or on the sum credited to the account of a resident shall not be deemed to be an assessee in default in respect ..... 195 imposes a statutory obligation on any person responsible for paying to a non-resident any sum "chargeable under the provisions of the act", which expression, as stated above, do not find place in other sections of chapter xvii. it is in this sense that we hold that integral inseparable code. hence, the provisions relating to tds applies only to .....
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..... ,857/- and seeks a declaration that its liability under the scheme is limited to ` 16,78,665/-.2. the brief facts are that the finance act (no.2) of 1998 introduced, by chapter iv, a scheme known as the kar vivad samadhan scheme [hereafter "the scheme"]., which came into force on 01.09.1998. this enabled the ..... applicants to settle their tax disputes after making appropriate declaration to the designated authority. "tax arrears" was defined as follows by section 2(m) of the finance act (no.2) ..... clause in section 88. this court, however, notices that those observations did not give importance to the definition of "tax arrear" under section 2(m) of the finance act (no.2), especially the explanation which underlines that declarations, voluntary payments or payments under protest of "any amount or duties, cesses, interest ." would "not be .....
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..... t.r. 907 (bom) answered in the negative the following question: "whether, without there being any adjudication in any of the proceedings as provided under chapter 5 of the finance act, 1994 coercive steps can be taken by the revenue, for recovery of service tax or penalty or interest." the court there was dealing with a case ..... 89 (1) (ii) of the finance act 1994 presupposes the arrival of a satisfaction regarding the assessee having collected service tax but failing to pay to the department as envisaged in section 89 (l) (d ..... particular, it is not clear whether the dgcei was conscious of the pending proceedings and show cause notices issued by the cst under section 73 (1) of the finance act, 1994 and the proceedings consequent thereto. this aspect is significant since the invocation of the powers of arrest without warrant under section 90 (l) read with section .....
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..... was engaged in the manufacture and sale of various drugs throughout india including the state of bihar. the question that arose was whether section 5 of the bihar finance act, 1981 ( bf act ) which provided for the levy of a surcharge on every dealer whose gross turnover during a year exceeds rs. 5 lakhs was constitutionally valid. it was sought ..... any other mode, from one form, currency or denomination, to another form, currency or denomination for which a separate consideration is charged. explanation 3. for the purposes of this chapter, - (a) an unincorporated association or a body of persons, as the case may be, and a member thereof shall be treated as distinct persons; (b) an establishment ..... entry 51 of list ii of schedule vii to the constitution. the case of the respondents on the other hand is that service tax introduced by way of chapter v to the fa 1994 is within the legislative competence of the parliament to levy and collect. the topic of legislation is sought to be traced to the .....
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..... 194j; (iv) work shall have the same meaning as in explanation iii to section 194c; (ib) any sum paid on account of securities transaction tax under chapter vii of the finance (no. 2) act, 2004; (ii) any sum paid on account of any rate or tax levied on the profits or gains of any business or profession or assessed at a ..... deducted at source from any payments made from the fund which are chargeable to tax under the head salaries 45. section 40 (a) was later amended by the finance (no. 2) act, 2004 and the amended section reads as under: section 40 amounts not deductible notwithstanding anything to the contrary in sections 30 to 38, the following amounts shall not ..... of expenses in case of payment made to residents and non-residents have to be the same. (b) prior to its amendment by the finance (no. 2) act, 2004 section 40 (a) (i) of the act provided for disallowance of payments made to non-residents where tax is not deducted at source, whereas a similar payment to resident did not result .....
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