Judgment Search Results Home > Cases Phrase: finance act 1970 section 16 amendment of section 80mm Court: punjab and haryana Page 7 of about 1,004 results (0.142 seconds)

M/S Pml Industries Limited Vs. Commissioner of Central Excise and Anot ...

Court : Punjab and Haryana

..... it is possible to do so, hear and decide every appeal within a period of six months from the date on which it is filed. (sub-section (4a) inserted by section 129 of the finance act, 2001 w.e.f. 11.05.2001) xx xx . 35c. orders of appellate tribunal xx xx (2a) the appellate tribunal, shall where it is ..... ltd. vs. the commissioner of income tax (haryana), rohtak . considered the scope of sub-section (2a) of section 254 inserted by finance act, 1999 in the income tax act, 1961. the court observed as under: we may also notice sub-section (2a) of section 254, which was inserted by finance act, 1999. the same reads as under: (2a) in every appeal, the appellate tribunal, where ..... is not disposed of within the period specified in the first proviso, the stay order shall, on the expiry of that period, stand vacated. (proviso inserted by section 140 of the finance act, 2002 w.e.f. 11.05.2002) xx xx . 35f. deposit, pending appeal, of duty demanded or penalty levied where in any appeal under this chapter .....

Sat Pal and Co. Vs. Excise and Taxation Commissioner and ors.

Court : Punjab and Haryana

Reported in : (1990)86CTR(P& H)13; [1990]185ITR375(P& H)

..... . 1. the challenge in this bunch of writ petitions is directed against the legality and constitutional validity of sections 44ac, 206c and 276bb incorporated in the income-tax act, 1961 (hereinafter referred to as 'the act'), by the finance act, 1988. the petitioners, also impugn the directions (annexure p-1) issued by the excise and taxation commissioners ..... and the expenses on bottling, labelling, etc.3. parliament passed the finance act, 1988, and it has, among others, introduced sections 44ac, 206c and 276bb in the income-tax act. the provisions of section 44ac have been enforced with effect from april 1, 1989. these sections, in so far as they are relevant for our purpose, read as ..... of 60 per cent. of the purchase price. it has not been explained why it was reduced to 40 per cent. in the act. because of these measures, section 44ac offends article 14 of the constitution. it also imposes unreasonable restrictions upon the fundamental right guaranteed by article 19(1)(g). however, in .....

Stelco Strips Ltd. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : (2009)19VST498(P& H)

..... years from the end of the financial year in which such appeal is filed. this court held to the following effect:we may also notice sub-section (2a) of section 254, which was inserted by the finance act, 1999. the same reads as under:(2a) in every appeal, the appellate tribunal, where it is possible, may hear and decide such appeal ..... society ltd. v. swapan kumar jana [1997] 1 chn 189 and p. t. rajan v. t.p.m. sahir : air2003sc4603 .the language of sub-section (2a), which has been inserted by the finance act, 1999, makes it clear that the legislature did not intend to make the time period of four years for disposal of the application as mandatory. this view ..... arora's case : [1962]1scr823 , whereas the judgment of the calcutta high court in sarda & sons' case [1977] 40 stc 419 pertains to section 14(3a) of the bengal finance (sales tax) act, 1941. the said provision contemplates that the period of retention of books and documents so seized can be extended from 21 days to one year. it was .....

Commissioner of Income Tax-i Vs. Vardhman Polytex Limited

Court : Punjab and Haryana

Reported in : (2008)214CTR(P& H)561; [2008]300ITR186(P& H)

..... of acquisition of the asset upto the date it is first put to use is to be added towards the cost of the asset. though proviso to section 36(1)(iii) was added vide finance act, 2003 but in our opinion the same is merely clarificatory as it has made explicit what was already implicit.24. a reading of memorandum explaining the ..... it was opined that interest even after the date the asset is first put to use is also to be capitalized. amendment was carried out in section 43(1) by adding explanation 8 thereto vide finance act, 1986 with retrospective effect from april 4, 1974. the text of explanation 8 has already been extracted above. the true import thereof is that ..... this is in conformity with law and the accounting principles.23. now we may deal with the effect of addition of proviso of section 36(1)(iii) added vide finance act 2003. the import of addition of proviso to section 36(1)(iii) is that the interest paid on the capital borrowed for the purpose of acquisition of an asset till the date .....

Satya Pal Amrik Singh and Co. Vs. Union of India and ors.

Court : Punjab and Haryana

Reported in : (1997)142CTR(P& H)332

..... whether s. 206c is available to the respondents for deducting tax at source from the petitioners, it will be useful to take notice of relevant statutory provisions. sec. 206c(1) as amended by finance act, 1992 reads as under :'206c (1) every person, being a seller shall, at the time of debiting of the amount payable by the buyer to the ..... tax at source from the petitioners is illegal and without jurisdiction. as a logical corollary, it has to be held that the provisions of s. 206c as amended by finance act, 1992 are not available to the it department to compel citco to deduct income-tax at source from the petitioners.11. consequently, the writ petitions are allowed. the ..... were not to deduct income-tax on excise duty payable by petitioners holding l-14 liquor licences.'by finance act, 1992, s. 44ac was deleted from the act. however, deduction of income-tax at source was again resorted to under s. 206c of the act. this was sought to be justified on the basis of the amendment made in s. 206c .....

Commissioner of Income-tax, Punjab, Jammu and Kashmir and Himachal Pra ...

Court : Punjab and Haryana

Reported in : [1960]38ITR591(P& H)

..... could have been legally imposed. the penalty was actually imposed on the november 4, 1951, both subsequent to the indian finance act, 1950. it was argued before the appellate tribunal that the saving clause contained in section 13 of the fiance act, 1950, had the effect of saving the power of the income-tax officer to impose even a penalty, but ..... the same view distinguishing the expression 'assessment' from a penalty capable of being imposed under the income-tax act. it is thus clear that the decided case against mr. sikris submission, and as far as the language of section 13 of the indian finance act, 1950, is concerned, it does not lend much support to his argument. in my opinion, therefore, ..... respect of an assessment for the samvat year 2006 (1949-50) ?'on behalf of the commissioner reliance is placed on section 13 of the indian finance act. this runs :'13. repeals and savings. - (1) if immediately before the april 1, 1950, there is in force in any part b state other than jammu and .....

Commissioner Central Excise, Chandigarh-i Vs. …..Respondent

Court : Punjab and Haryana

..... provided for by virtue of section 132 of the finance act, 2001 shall be applicable in respect of obligation and liabilities incurred under rules ..... payment of duty?. iii) whether provisions of section 11a of the central excise act, 1944 regarding limitation shall apply to the compounded levy scheme, being a comprehensive scheme in itself with general provisions of central excise act and rules excluded?. iv) whether the provisions of section 38a of the central excise act, 1944 inserted by section 131 of the finance act, 2001 (validation of action taken has been .....

M/S Kamra Construction Company Karnal Vs. the Commissioner of Central ...

Court : Punjab and Haryana

..... kapoor, advocate for the appellant. ajay kumar mittal, j.1. this appeal has been preferred by the assessee under section 35g of the central excise act, 1944 (in short the act .) read with section 83 of the finance act, 1994 against the order dated 10.6.2014 (annexure a-1) passed by the customs, excise and service tax ..... for hsdc and hafed. the adjudicating authority also ordered recovery of interest and also imposed penalties amounting to ` 5000/- under section 77 and ` 30,41,410/- under section 78 of the finance act, 1994. feeling aggrieved, the assessee filed an appeal along with stay application gurbachan singh201408.05 15:22 i attest to the ..... engaged in the business of civil construction of buildings, godowns, roads etc. against works contract awarded to it by the central/state government departments and public section undertakings. on the basis of some list of contractors obtained from the central public works department (cpwd), karnal, the officers of anti evasion branch, central .....

Arjan Singh and Others Vs. State of Punjab and Others

Court : Punjab and Haryana

..... years from the end of the financial year in which such appeal is filed. this court held to the following effect:- "we may also notice sub-section (2a) of section 254, which was inserted by the finance act, 1999. the same reads as under: "(2a) in every appeal, the appellate tribunal, where it is possible, may hear and decide such appeal within ..... v. swapan kumar jana [1997] 1 chn 189 and p. t. rajan v. t.p.m. sahir, air 2003 sc 4603. the language of sub-section (2a), which has been inserted by the finance act, 1999, makes it clear that the legislature did not intend to make the time period of four years for disposal of the application as mandatory. this view ..... a period of four years from the end of the financial year in which such appeal is filed under sub-section (1) of section 253. a careful reading of the .....

Date of Decision : 5.8.2013 Vs. Union of India and Others

Court : Punjab and Haryana

..... for dictating this order. in this writ petition challenge has been made to the provisions of section 245d(2a) and section 245d(2d) and section 245ha of the income tax act, 1961 (hereinafter referred to as the act .) as substituted by an amendment by the finance act, 2007 with effect from 1.6.2007 being ultra vires.2. the premises of the ..... of tax with interest without which the application for settlement would not be maintainable. thus, interest under section 234b would be payable up to the stage of section 245d(1). our view is supported by the amendment made by finance act of 2007 w.e.f. 1.6.2007 in which interest is required to be paid for ..... for which the application for settlement would be maintainable upto the stage of section 245d(1) and the settlement commission cannot reopen its concluded proceedings under section 154 of the act so as to levy interest under section 234b. it was noticed that amendment made by the finance act, 2007 with effect from 1.6.2007 was for this purpose. .....