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Coral Cosmetics Ltd. Vs. Union of India (Uoi)

Court : Mumbai

Reported in : 2009[16]STR371

..... daga, j.1. the petitioners seek to challenge the constitutional validity of section 131 and 132 of the finance act, 1999. by section 131 of the finance act, clause (xxviii) was inserted in section 37(b) of the central excise act, 1944 (the act) with effect from 1st march, 1995. by section 132 of the finance act, 1999, sub-rule 57-f(17) as inserted by central excise ..... assessee had a vested right in the credit balance which was not taken away by substantive legislation. this lacunae came to be removed by sections 131 and 132 of the finance act, 1999 and said sections have only made small repairs by adopting permissible mode of legislation.31. the central government by notification no. 57/97-c.e. ( ..... the provision by which his (sic) (this) vested right has accrued in a manufacturer has not been altered in any manner. in other words, section 131 of the finance act, 1999 has not altered the basis of the judgment of the supreme court since it does not amend rule 57-a as such in his submission, .....

Commissioner of Service Tax Vs. Lumax Samlip Industries Ltd. and Custo ...

Court : Chennai

Reported in : (2007)212CTR(Mad)62; 2007(121)ECC259; 2007LC259(Madras); 2007[8]STR113; (2007)8VST791(Mad)

..... suited the appellant.5. mr. t.s.sivaganam, learned standing counsel appearing for the respondents very strenuously contended that there is no provision whatsoever under section 86 of the finance act to the effect that the commissioner has to accept the order passed by the commissioner of central excise (appeals) and once it is accepted that ..... kind of review, once the order of the appellate commissioner was accepted by the commissioner concerned in accordance with the provision of the review under section 86 of the finance act, 1994. further, the cestat also found as a matter of fact, the decision taken by the appellate commissioner on 19.5.2006 for accepting ..... substantial questions of law for consideration.i) whether statutory powers of commissioner to file appeal against an order in appeal before the appellate tribunal under section 86(2a) of the finance act, 1994 can be denied for the reason that commissioner had once accepted the order in appeal ?ii) whether acceptance of order-in-appeal .....

income-tax Appellate Tribunal Vs. B. Hill and Co. (P.) Ltd.

Court : Allahabad

Reported in : (1982)29CTR(All)301; [1983]142ITR185(All)

..... f of part i of the first schedule to the finance act, 1965, or that the assessee-company was an ' industrial company ' within the meaning of section 2(7)(d) of the finance act, 1966, and the finance (no. 2) act, 1967, or section 2(6)(d) of the finance act, 1968, or section 2(6) of the finance act, 1969, so as to be entitled to the ..... sale of import entitlements were not profits derived from the export of goods by the assessee and accordingly not entitled to the tax concession provided under section 2(5)(i) of the finance act, 1966 (2) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in holding that the ..... the sale of import entitlements were not profits derived from the export of goods by the assessee and accordingly not entitled to tax concession provided under section 2(5)(a)(i) of the finance act, 1964 ? (2) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in holding that .....

Godrej and Boyce Mfg.Co.Ltd. Mumbai. Vs. Commissioner of Income Tax,

Court : Mumbai

..... come into force from the date of their publication in the official gazette. this by itself is not conclusive. secondly, prior to the insertion of section 14a by the finance act of 2001 the supreme court had held in its decisions in indian bank, maharashtra sugars and rajasthan state warehousing corporation (supra) that in the case ..... of expenditure was permissible when the non taxable income arose from a separate business or under a different head of income.enactment of section 14a :19. by the finance act of 2001, parliament enacted section 14a with retrospective effect from 1 april 1962 to amend the law by taking away the basis of the judgments of the supreme ..... definition of the expression 'tax recovery officer' was substituted by the finance act of 1963 and it was provided that the new definition shall be and shall be deemed always to have been 28 (1970) 75 itr 174.substituted. as amended, clause (ii) of section 2(44) empowered the state government to authorize by notification certain land .....

Andhra Pradesh State Financial Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1986)18ITD515(Hyd.)

..... , for the following reasons : (a) section 36(1)(viii), which corresponded to section lo(2)(xiva) of the indian income-tax act, 1922 underwent subsequently many amendments-please see finance act, 1966, finance (no. 2) act 1967, finance act, 1970, finance (no. 2) act 1971, finance act, 1974, finance act, 1977, finance act, 1979, finance act, 1981 and lastly finance act, 1985 by which the crucial words 'this ..... chapter vi-a, it will be in harmony with the creation of the reserve as envisaged by the said section. in our view, the amendment made by the finance act, 1985, is only clarificatory in nature.12. in yet another submission, the learned departmental representative argues that the ..... amount of deduction available to approved financial corporations. the latest amendment introduced by the finance act, 1985, has made it clear that the deduction should be computed before making any such deduction under the section. according to shri radhakrishna murthy, it is only with effect from 1-4- .....

M.V. Ganesh, Lr of Late M.S. Viswambharan Vs. Commissioner of Income T ...

Court : Kerala

Reported in : (2009)221CTR(Ker)83; [2009]310ITR183(Ker); [2009]181TAXMAN227(Ker)

..... scheme, 1998 ('scheme' for short), requires to be noticed.9. the scheme has come into existence on 1st sept., 1998. the definition clauses contained in section 87 of the finance (no. 2) act, 1998 ('finance act' for short), would define the words 'declarant', 'designated authority', 'disputed chargeable interest', 'disputed income', 'disputed tax' and 'tax arrear' of the ..... that, the order passed by the assessing authority has become final.17. as required under the scheme, the assessee had filed an application under section 88 of the finance act before the designated authority. on the date of filing of the application, what was payable by the assessee was only the interest portion towards ..... payable, in respect of an assessment year under any direct tax enactment but which remains unpaid as on the date of making the declaration under section 88 of the finance act. the expression 'tax arrear', for the purpose of direct tax, means, the amount of tax, penalty or interest determined on or before .....

Bellary Iron and Ores Pvt. Ltd., Mspl Ltd., Ramgad Minerals and Mining ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : [2010]21STJ214(CESTAT-Bangalore); 2010[18]S.T.R.406; [2010]24STT557; (2010)35VST107(CESTAT-Blore)

..... us examine the exemption under this notification.notification no. 34/2004 dated 3.12.2004 is reproduced below:in exercise of the powers conferred by sub-section (1) of section 93 of the finance act, 1994 (32 of 1994), the central government, being satisfied that it is necessary in the public interest so to do, hereby exempts the ..... 29/2008-st dt. 26/6/2008. this notification reads as follows:in exercise of the powers conferred by sub-section (1) of section 93 of the finance act, 1994 (32 of 1994) (hereinafter referred to as the finance act), the central government, on being satisfied that it is necessary in the public interest so to do, hereby exempts the ..... a goods carriage, without transferring right of possession and effective control of such goods carriage, referred to in sub-clause (zzzzj) of clause (105) of section 65 of the finance act, provided by any person to a goods transport agency for use by the said goods transport agency to provide any service, referred to in sub-clause .....

B.S. Refrigeration Ltd. Vs. the Commissioner of Service Tax

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : (2006)(111)ECC707

..... the entire demand. he imposed a penalty of rs. 5,00,000/- under section 78 of the finance act, 1994. a penalty of rs. 100/- per day under section 76 of the finance act, 1994 was imposed. interest was also demanded under section 75 of the finance act, 1994. the appellants approached the commissioner (appeals). the commissioner (appeals) passed the ..... persons who received the clearing and forwarding services from such service provider. (v) since the amendments made in finance act, 2000 did not completely fill in the lacuna, amendments were made by the finance act, 2003 to sections 68 and 71a. the purpose of amendment was to validate the service tax already collected. the memorandum explaining ..... held that the provisions of rule 2(d)(xii) is ultra vires the finance act, 1994 itself and accordingly quashed the sub-rule in question. in order to get over the provision, the finance act, 2000 amended the definition of assessee under section 65 during the period 1.7.1997 to 11.5.2000. the amendment .....

Commissioner of Income-tax Vs. Indian Molasses Co. (P.) Ltd.

Court : Kolkata

Reported in : (1989)77CTR(Cal)112,[1989]176ITR473(Cal)

..... stood omitted with effect from april 1, 1969, and explanation 1 remains attached to clause (c). by the said finance act, section 40(a)(v) was inserted with effect from 1st april, 1969. section 40(a)(v), as introduced by the finance act of 1968, is as follows :'(a) in the case of any assessee ... (v) any expenditure which results ..... the contentions of the parties, it is necessary for us to set outthe legislative history of section 40(c), section 40(a)(v) and section 40a(5).6. section 40(c)(iii) was introduced by section 6 of the finance act,1963, with effect from april 1, 1963. section 40(c) as it stood after the insertion of clause (iii) is as follows :'( ..... his employment after the aforesaid date.'8. the proviso and the explanations to the aforesaid clause are not however reproduced.9. by the finance act of 1965, the second proviso was inserted in section 40(c)(iii) which runs as follows :'provided further that nothing in this sub-clause shall apply to any expenditure which results directly .....

The Ahmedabad Mfg. and Calico Printing Co., Ltd. Vs. S.C. Mehta, Incom ...

Court : Supreme Court of India

Reported in : AIR1963SC1436; [1963]48ITR154(SC); [1963]Supp2SCR92

..... time when the rebate was granted is rendered incorrect on the happening of the crucial event after the coming into force of the sub-section, and by the express terms of s. 28 of the finance act, 1956, the sub-section comes into force on april 1, 1956. we are unable, therefore, to agree with the learned counsel for the respondent that the ..... is that that sub-s. (10) by necessary implication has a greater retrospective effect that what is laid down by s. 28 of the finance act, 1956. he points out that the first part of the sub-section talks of the assessments made for any of the years beginning on april 1, 1948, to april 1, 1955, when a rebate of income ..... rebate was allowed to a company on a part of its income (viz., undistributed profits) by virtue of the concessions given by the finance acts of 1948 to 1955. this is clear from the first part of the sub-section. the seconds part states the condition in which, or rather the crucial event on the happening of which, the rebate granted to .....