Judgment Search Results Home > Cases Phrase: finance act 1970 section 22 amendment of section 193 Court: kerala Page 6 of about 1,064 results (0.122 seconds)

South Indian Bank Ltd. Vs. Cit

Court : Kerala

Reported in : [2003]130TAXMAN749(Ker)

..... is established to have become a bad debt in the previous year. this is subject to the fulfilment of the conditions specified in sub-section (2) of section 36. however, as per the amendment made by the finance act, 1985 a proviso was added to clause (vii) as per which, in the case of a bank to which clause (viia) applies ..... thereof which is written off as irrecoverable in the accounts of the assessee for the previous year.'4. section 36(2) specifies certain conditions to be fulfilled for eligibility to the claims under section 36(1). section 36(2)(v) introduced by the finance act, 1985 which is relevant for the purpose of this case, reads as follows :'36. (2) in ..... one and a half per cent of the aggregate average advances made by such branches, computed in the prescribed manner.'3. section 36(1) (vii) and (viia) as it stood after the amendment made by the finance act, 1985 reads as follows :'(1) the deductions provided for in the following clauses shall be allowed in respect of the matters .....

Sea Pearl Enterprises Vs. Deputy Commissioner of Income Tax

Court : Kerala

Reported in : (2006)204CTR(Ker)81

..... ltd. : [2001]247itr209(sc) . the above two decisions are rendered in the context of interest levied under section 234a of the act and based on expln. 4 to the said section which now stands omitted by finance act, 2001 with retrospective effect from 1st april, 1989. even though the interest levied on petitioners is not consistent with ..... abovereferred decisions, the demand of interest based on assessed, income is perfectly in order by virtue of the amendment to the act by finance act, 2001 whereunder expln. 4 was omitted from section 234a and expln. 1 was substituted by the new explanation specifically providing for levy of interest with reference to tax assessed under ..... short of the assessed tax.the following expln. 1 is substituted by finance act, 2001 with retrospective effect from 1st april, 1989.explanation 1 : in this section, 'assessed tax' means the tax on the total income determined under sub-section (1) of section 143 or on regular assessment as reduced by the amount of tax deducted .....

C.C.E. Vs. Kerala State Electricity Board

Court : Kerala

Reported in : (2008)214CTR(Ker)97; 2006(4)KLT749; 2006[3]STR625; (2007)5VST46(Ker)

..... assistance in any manner to a client in one or more disciplines of engineering. as per clause (g) of sub-section 105 of section 65 of the finance act, 1994 as amended, the taxable service rendered by a consulting engineer has been defined as any service provided to a client by a consulting ..... introduced service tax on 'consultancy engineering service' with effect from 7-7-1997 vide notification no. 23/97 dated 2-7-1997. as per section 65(31) of the finance act, 1994 as amended, consulting engineer means any professionally qualified engineer or an engineering firm who, either directly or indirectly renders any advice, consultancy or technical ..... this case and therefore prayed for dismissal of the appeal.10. the central government in exercise of the powers conferred by sub-section (1) read with sub-section (2) of section 94 of the finance act, 1994 made the service tax rules, 1994 for the purpose of assessment and collection of service tax. government of india have .....

Janatha Tile Works Ltd. Vs. Commissioner of Income Tax

Court : Kerala

Reported in : (2006)202CTR(Ker)103; [2006]283ITR35(Ker); 2006(2)KLT426

..... the high courts of gujarat, calcutta and delhi since those courts have failed to examine the effect of insertion of the words 'sub-section (3) of section 143' in clause (b) of section 143(1a) by the finance act, 1992 (18 of 1992) w.e.f. 1st april, 1989. questions posed before us have to be answered taking into consideration ..... w.e.f. 1st june, 1999 by the finance act, 1999, but had taken care of a situation (i) as a result of an order of regular assessment under section 143(3), (ii) a rectification order under section 154 or section 250 or section 254 or section 260 or section 262 or section 263 or section 264, the amount on which additional income-tax shall ..... or reduction in the additional income-tax this could be possible only if proceedings under section 143(1)(a) survives after the completion of assessment under section 143(3). in order to meet this situation, sub-section (3) to section 143 was incorporated by the finance act, 1992 w.e.f. 1st april, 1989 so as to provide for enhancement .....

CochIn Shipyard Limited Vs. Union of India

Court : Kerala

..... of shipping and the ministry, in turn leading to a diploma recognized in law. as such, there is clear exclusion by virtue of the mandate with reference to section 65(27) of the finance act, 1994.4. the insinuating circumstances are given in ext.p1 show cause notice dated 02.04.2009 (p14 i to iv) which are extracted below for the ..... in the category of commercial training or coaching for the period from 01.04.2007 to 31.12.2008 should not be demanded and recovered from them under proviso section 73(1) of finance act, 1994. ii) interest at the appropriate rate on the amount of service tax payable, should not be charged and recovered from them under ..... as amended. iii) penalty should not be imposed on them under section 77 of the finance act, 1994 as amended for failure to take w.p.c. no. 16581 of 2013 -3- registration under section 69 of the act ibid. iv) penalty should not be imposed on them under section 78 of the finance act 1994 for suppressing the value of the taxable service with intent to .....

Centre for Development of Imaging Technology(C-dit) Vs. the Commission ...

Court : Kerala

..... about this aspect of the matter in the impugned order.4. accordingly, we set aside the order dated 19.8.2013 directing the tribunal to consider section 73 of the finance act with reference to the date of demand and other relevant facts so cea.8/13 4 far as the present case is concerned and then proceed with ..... of 1,00,00,000/- while considering the application for waiver of pre-deposit. prima facie the matter regarding limitation to issue demand notice as contemplated under section 73 of the finance act came up for consideration and at paragraph 6 of the order of the tribunal, without discussing anything with reference to the date of demand notice and the ..... provisions of section 73, the tribunal opined that the demand is in time, is the contention of the appellant before us. section 73(1) of the finance act refers cea.8/13 2 to limitation within which a demand could be made calling upon the .....

Commissioner of Income-tax Vs. Asian Techs Ltd.

Court : Kerala

Reported in : [1999]240ITR396(Ker)

..... no help to the revenue in this case.10. we are of the view that the effect of deletion of the underlined portion of clause (iv) of section 32(1) by the finance act, 1983, will have effect only in cases where initial depreciation under clause (iv) is granted in respect of specified assets with effect from april 1, 1984. ..... affirmed the view taken by the income-tax officer. but, on further appeal, the tribunal held that the deletion of a portion of clause (iv) of section 32(1) of the finance act, 1983, would only cover cases where initial depreciation was granted in respect of the specified assets with effect from april 1, 1984, and it will not cover ..... ) from the written down value of the assets and on that basis depreciation was granted for the assessment year 1984-85, in the light of the amendment to section 32(1)(iv) by the finance act, 1983. reliance was placed by the assessing officer on the central board of direct taxes circular no. 372 (see : [1984]146itr9(guj) ), dated december 8 .....

Commissioner of Income-tax Vs. Kishorekumar Shamji

Court : Kerala

Reported in : (2000)161CTR(Ker)225; [2000]244ITR702(Ker)

..... 1976. originally, the word 'deliberately' existed which was omitted by the finance act, 1964, with effect from april 1, 1964. an explanation was inserted at the end of sub-section (1) of section 271 by the said finance act (section 40 of the finance act, 1964). in between, by the finance act, 1968, the base for levy of penalty became the amount of concealment ..... to be avoided under the then existing provisions. subsequently, further amendments were brought by the taxation laws (amendment) act, 1975 (section 61 of the said amending act). four explanations were substituted for the explanation introduced by the finance act, 1964. the effect of the said amendment, so far as we are concerned, is that where, in ..... income have been disclosed by him.' 9. the question of onus is of primary and added importance in legal acrimony. in cit v. anwar ali : [1970]76itr696(sc) , the apex court laid down that before a person could be visited with a penalty for concealment, etc., the revenue must prove that the .....

Kerala Textile and Garments Dealers Welfare Association, represented b ...

Court : Kerala

..... an amending statute is to be gathered from the express words used by the legislature. going by the express provisions of the finance act, 2015, i find that the omission of section 6a of the kvat act was to take effect only from 01.04.2015. the levy is therefore to be treated as valid till that date. 23 ..... , based on an alleged lack of machinery provisions is therefore rejected. the argument that the amendment in the kvat act, through the kerala finance act, 2015, which had the effect of omitting the provisions of section 6a from the kvat act, should be seen as curative in nature and, therefore, retrospective in its operation. 21. the petitioners would urge ..... of legislation and not by way of executive orders. a constitution bench of the supreme court in maganbhai ishwarbhai patel etc. v. union of india and another [(1970) 3 scc 400] has stated the legal position succinctly after referring to well settled principles of international law, as well as the decision of the judicial committee in .....

Commissioner of Income-tax Vs. Kerala Electric Lamp Works Ltd. and Cro ...

Court : Kerala

Reported in : (2003)183CTR(Ker)182; [2003]261ITR721(Ker)

..... have ended there. but according to sri p. k. r. menon, learned standing counsel appearing for the revenue, the explanation inserted by the amendment to section 32 by the finance act, 2001, with effect from april 1, 2002, would take us back to the position that whether or not the assessee claimed the deduction in respect ..... 54) :'even assuming that, by adding the explanation, the legislature has clarified or made clear or removed whatever ambiguity there was in section 9(1)(ii) of the income-tax act, 1961, the finance act, 1983, itself has proceeded to give retrospective effect to the explanation only with effect from april 1, 1979. the clarification or declaration, ..... it is necessary to refer to the explanation added by the finance act, 2001. as per section 21 of the finance act, 2001, section 32 was amended as follows :'21. amendment of section 32. --in section 32 of the income-tax act, with effect from the 1st day of april, 2002,- (a) in sub-section (1), in clause (ii),-- (a) in the first .....