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A.P.S.E.B. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2004)85TTJ(Hyd.)30

..... (bom)(fb), wherein it was held that the circulars issued by the cbdt in the context of explaining the provisions in the finance act cannot be considered as a circular within the purview of section 119(1) or (2) of the act, as there was no order or direction or instruction issued in the said circular.6.5. he further submitted that the ratio ..... 143(3) of the act. the cit has invoked his powers under section 263 and held vide his order dt. 7th march, 2002, that the assessment made is erroneous and ..... ) act, 1948. it filed its return of income for the asst. yr.1997-98 on 30th nov., 1998, declaring total income at 'nil', after setting off current year's profit of rs. 6,69,21,424 against brought forward losses of asst. yrs. 1968-69 to 1970-71. the ao accepted this return on 24th feb., 2000, vide his order made under section .....

Tata Iron and Steel Company Ltd. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2003(4)JCR149(Jhr)]

..... this was followed by the issuance of a notification published on 12.1.2000 as so no. 65, annexure-3 in exercise of power under section'22 of the bihar finance act, 1981. the said notification defined an industrial unit as meaning any industrial project in large and medium scale having approval in the form of letter ..... the department, during the course of arguments, raised a contention that the petitioner has an efficacious alternative remedy by way of revision under section 46(2)(b) of the bihar finance act and the petitioner must be left to pursue that remedy. counsel for the petitioner met this contention by pointing out that in the earlier ..... this court declined to entertain the writ petition and directed the company to invoke the revisional jurisdiction of the commissioner of commercial taxes, under section 46(4) of the bihar finance act. the company thereafter filed a revision before the commissioner of commercial taxes. by order dated 26.3.2003, the commissioner of commercial taxes .....

Vishwakarma Industries Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Reported in : [1982]135ITR652(P& H)

..... from the above that because of the designed amendments which were wrought in section 271(1)(c) by the finance act of 1964 and the insertion of the explanation thereto, the reasoning of anwar ali's case : [1970]76itr696(sc) (which had construed the earlier and different provisions of section 28(1) of the 1922 act) would now no longer be applicable for the construction of ..... (1)(c) and in inserting the explanation thereto by the finance act of 1964 was to bring about a change in the existing law. consequently, the ratio of anwar ali's case : [1970]76itr696(sc) , which had considered the earlier provision of section 28(1) of the 1922 act, is no longer attracted. the true legal import of the explanation is to shift the burden .....

Commissioner of Income-tax Delhi-iv Vs. Sat Parkash Agarwal

Court : Delhi

Reported in : [1983]140ITR880(Delhi)

..... rest in july, 1966. when called upon to explain the nature and source of the above credits the assays relied upon the disclosures that had been made under the finance act of 1965. the ito, however, observed that those declarations and their acceptances conferred an immunity on the declarants concerned but that if it was found that some other assessed ..... the questions read as follows: '(1) whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the provisions of section 68 of the income-tax act, 1961, were not attracted in regard to unexplained cash credits of rs. 25,000 in the names of the assessed's wife and minor children (2) ..... was at all open to the department to examine the genuineness of the deposits afresh in the case of the present assessed though he was not a declarant under the finance act. this aspect of the matter has been examined at great length in two decisions of this court in the cases of rattan lal v. ito : [1975]98itr681(delhi .....

Morgan Vs. Inland Revenue Commissioners.

Court : Kolkata

Reported in : [1963]49ITR59(Cal)

..... but neither before nor after the death of the deceased had they any beneficial interest in the shares and it is only with beneficial interests that section 2(1) (d) of the finance act, 1894, is concerned.that peter by the exercise of conveyancing ingenuity has been able to avoid the payment of estate duty on his fathers estate ..... under both the original settlement and the sub-settlement it included persons to be appointed by peter by his will. but, i have already pointed out, section 2 (1) (d) of the finance act, 1894, is not concerned with the persons to whom a beneficial interest accrues; it is only concerned with whether a beneficial interest accrues to which someone ..... me dangerous from his point of view, for if peter had an unfettered power of revocation, it might well be argued that having regard to section 22 (2) (a) of the finance act, 1894 on the settlors death peter became absolutely and indivisibly competent to dispose of the property but i say no more about for we really heard .....

Kbace Tech Pvt. Ltd. and Others Vs. Cce/Cst, Bangalore and Others

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

..... . the cenvat credit rules, 2004, have been made by the central government in exercise of the powers conferred by section 37 of the central excise act, 1944 and section 94 of the finance act, 1994. the provisions of the finance act, 1994 continue to govern the field of service tax in the absence of a separate law enacted by the parliament ..... , we look at the provisions of the cenvat credit rules, 2004, which have been framed invoking the statutory rule making powers conferred under section 37 of the central excise act, 1944 and section 94 of the finance act, 1994. we find that the said rules define the expression input service under rule 2 (l) to mean any service, - (i ..... above definition of input service has been adopted for the purpose of the export of service rules, 2006 10. we note at this stage that section 94 (2) of the finance act, 1994, refers to credit of service tax paid on the services consumed for providing a taxable service whereas the definition of input service in the .....

Commissioners of Inland Revenue Vs. City of Glasgow Police Athletic As ...

Court : House of Lords

..... respondent association is a "body of persons . . . established for charitable purposes only and is therefore entitled to exemption under section 30 of the finance act, 1921, as amended by section 24 of the finance act, 1927. the special commissioners answered this question in favour of the association but stated a case at the instance of the ..... i would allow the appeal. lord reid my lords, the respondents claim that they are entitled to exemption from income tax under section 30 of the finance act, 1921, as amended by section 24 of the finance act, 1927. it is admitted that if they are a body of persons . . . established for charitable purposes only they are ..... for their opinion, whether the city of glasgow police athletic association is, within the meaning and for the purposes of section 30 of the finance act, 1921 (as amended by section 24 of the finance act, 1927) a charity, namely a body of persons established for charitable purposes only. the lord president pointed out that pemsel .....

Jones (Respondent) Vs. Garnett (Her Majesty's Inspector of Taxes) (App ...

Court : House of Lords

..... of "settlement" ("includes any disposition, trust, covenant, agreement, arrangement or transfer of assets") appeared for the first time in subsection (9)(b) of section 21 of the finance act 1936 (provisions as to income settled on children), which was capable of applying to covenanted payments as well as to the income of settled property. covenants continued ..... butler v wildin (1988) 61 tc 666 also concerned the provision for settlements for the benefit of minor children, by then contained in section 437 of the income and corporation taxes act 1970. in september 1980 two brothers, graham and garry wildin, who each had two minor children, started negotiations with british rail to acquire a ..... 41. in irc v plummer [1980] ac 896, 911-912, lord wilberforce referred to the statutory origins of part xvi of the income and corporation taxes act 1970: "[part xvi] includes a number of provisions which have been enacted at different times, the general effect of which is to cause income of which a person .....

Satya Developers Pvt Ltd. and Another Vs. Pearey Lal Bhawan Associatio ...

Court : Delhi

..... the parties had contracted that taxes would be borne by the lessor and plba cannot now wriggle out of the terms of the contract. section 67 of the finance act provides for valuation of the service tax which would be included in the gross amountcharged by a service provider which provision has been ignored ..... as a legislation by reference sub-section (2) of section 64a of the sales of goods act making applicable sub-section (1) of section 64a to any duty of customs or excise on goods and as a legislation by incorporation section 83 of the finance act making applicable section 12b of the central excise act to service act, section 64a(1) is applicable to ..... nor can any taxing statute be interpreted on any presumptions or assumptions. 12. learned counsel for hdfc bank contends that section 68 (2) of the finance act provides that notwithstanding anything contained in sub-section (1) the central government is empowered to notify in the official gazette the service tax on taxable services, as .....

C.c. C.e. And S.t. Bangalore (adjudication) Vs. M/s Northern Operating ...

Court : Supreme Court of India

..... pvt. ltd. v. union of india19, which held that rule 5(1) of service tax (determination of value) rules, 2006 goes beyond the mandate of section 67 of the finance act, 1994 as quantification of the value of the service can never exceed the gross amount charged by the service provider for the service provided by him. this position was ..... strengthened by master circular no.96/7/2007-st, dated 23.08.2007. it was contended that post july 2012, under the negative list regime, by section 65 (44) of the finance act, 1994, the services provided by an employee to the employer in the course of employment are kept beyond the ambit of the definition of 'service . thus ..... the view of a previous three judge ruling, in cosmic dye chemical v. collector of central excise40 - in the context of section 11a of the central excise act, 1944, which is in identical terms with section 73 of the finance act, 1994 was that: now so far as fraud and collusion are concerned, it is evident that the requisite intent, i.e .....