Judgment Search Results Home > Cases Phrase: finance act 1972 Court: karnataka Page 16 of about 14,951 results (0.070 seconds)

M/s. Rajnandini Foods Pvt. Ltd., Vs. Union Of India

Court : Karnataka Dharwad

..... it is further contended by the petitioners that nccd is being levied as per the finance act, 2001 and determination of nccd was being done in accordance with the seventh schedule to the finance act, 2001 and clause (1) & (2) of the seventh schedule before the amendment in 27th march 2020, reads ..... writ of mandamus or any other writ, order(s), directions, writ(s) declaring and holding that section 136 of the finance act, 2001, under which there is a levy and collection of nccd, is impliedly repealed w.e.f. ..... writ of mandamus or any other writ, order(s), directions, writ(s) declaring and holding that section 136 of the finance act, 2001, under which there is a levy and collection of nccd, is impliedly repealed w.e.f. ..... it is contended that the central excise tariff act having been repealed, no effect could have been given to the seventh schedule to the finance act, 2001 before it was duly amended as per the gazette ..... (2) the repeal of the said acts and the amendment of the finance act, 1994 (32 of 1994) (hereafter referred to as such amendment or amended act , as the case may be) to the extent mentioned in the sub-section (1) or section 173 shall not (a) revive anything not in force or existing at the time of such amendment or repeal; or - ..... declare and hold that section 136 of the finance act, 2001, under which there is a levy and collection of nccd, ..... declare that section 136 of the finance act 2001 under which there is a levy and collection of national calamity contingent duty (nccd) .....

Varma Industrials Limited Vs. the Commercial Tax Officer, Bangalore Di ...

Court : Karnataka

Reported in : [1981]47STC43(Kar)

..... after the amendment by the finance act, 1969, the definition of 'cotton fabrics' in item 19 of the first schedule of the central excises and salt act was as follows :- ''cotton fabrics' means all varieties of fabrics manufactured either wholly or party from cotton and includes dhoties, sarees, chadders, bed-sheets, bedspreads, counterpanes, table-cloths, embroidery in the piece, in strips or in motifs ..... this court held that consequent to the amendment by the finance act, 1969, cotton fabrics would include p.v.c. ..... in those cases, the question arose for the year prior to the amendment of the central excises and salt act by the finance act, 1969. ..... in that decision this court also held that cotton fabrics were declared goods under the central sales tax act and they were not liable to tax under section 5(4) of the act read with the fourth schedule as under that provision, tax was levied only on the declared goods described in the said schedule and cotton fabrics were not goods described in the fourth schedule. 5. ..... rexine cloth had been considered to be cotton fabrics under the central excises and salt act and this aspect of the matter had not been investigated by the assessing authority. ..... in this writ petition, the proposition notice issued by the commercial tax officer, bangalore district, iii circle, proposing to include for purpose of assessment under the karnataka sales tax act and the central sales tax act, the alleged turnover in regard to the p.v.c. .....

B.K. Suresh Vs. Income Tax Officer

Court : Karnataka

Reported in : (2009)221CTR(Kar)80

..... 1st april, 1972 by the finance act, 1972. ..... from lotteries, crossword puzzles, races including horse races, card games and other games of any sort or from gambling or betting of any form or nature whatsoever.thus, winnings from lotteries on and after 1st april, 1972 were included within the scope of the definition of 'income' and the person responsible for paying to any person any income in excess of rupees five thousand by way of winnings from lottery, was required to deduct income ..... in the finance act, 2001, an explanation was added below section 2(24)(ix), which explanation reads thus:explanation: for the purposes of this sub-clause,(i) 'lottery' includes winnings from prizes awarded to any person by draw of ms or by chance or in any other manner ..... this appeal under section 260a of the it act, 1961 (hereinafter shall be referred to in short as 'the act') has been preferred by the assessee against the order passed by the ao confirmed in appeal by the cit(a) and further confirmed in further appeal by the tribunal, bangalore bench. ..... 5,00,000.the ao in the order of assessment under section 143(1)(a) of the act negatived the exemption claimed by the assessee. ..... it introduced section 194b, a new sub-clause (ix) was introduced in the definition of 'income' in section 2(24) of the act, which reads thus:2(24 .... ..... section 194b of the act was amended w.e.f. ..... hence this appeal under section 260a of the act.5. ..... 1994-95 and claimed exemption under section 10(3) of the act of rs. .....

M.R. Thammiah Vs. Agricultural Income-tax Officer, Madikeri and anr.

Court : Karnataka

Reported in : ILR1985KAR1305; [1984]150ITR403(KAR); [1984]150ITR403(Karn)

..... the local laws in part b states are, therefore, saved by force of section 13(1) of the finance act for the purpose of making reassessments in respect of any period for which they have been kept alive ..... [1958]34itr275(sc) the supreme court while examining the scope of the word 'assessment' in the context of the finance act (xxv of 1950) and the indian i.t. ..... abdulali : [1973]90itr271(sc) , the supreme court, while dealing with the scope of the relevant provisions of the madhya pradesh general sales tax act, 1958 observed (at page 280 of 90 itr) : 'what is true of the assessment must also be true of reassessment because reassessment is nothing but a ..... will, without doubt, come within the expression 'levy, assessment and collection of income-tax' occurring in section 13(1) of the finance act. ..... even if there is no such inclusive definitions under the act, the court shall presume that the legislature has used the expression 'assessment' in the sense in which it is judicially understood ..... act, 1957 (called shortly the 'act ..... 36 of the act and, therefore, it is impermissible for the assessee to raise the question of partition of his family properties if no such claim was put forward in the original assessment ..... 30 of the act under which, the assessing authority is required to make an enquiry as to the claim of partition refers only to the assessment ..... 30 of the act is made by the assessee, the assessing authority shall make an enquiry and shall record an order accepting or rejecting the .....

indo NissIn Foods Ltd. Vs. Union of India

Court : Karnataka

Reported in : 1993(43)ECC174; 1993LC48(Karnataka); 1993(68)ELT292(Kar); ILR1993KAR1548

..... that section 15 is inapplicable to the levy of auxiliary duty levied under finance act, 1990, having regard to the language of section 64 of the finance act, 1990. 5. ..... of the customs act is attracted at all for the levy and computation of auxiliary duty levied under the finance act, 1990? ..... under the finance act, 1990 an auxiliary duty of customs at the rate ..... not stated that the notification should have been made available to the public but the supreme court pointed out that the requirement of the publication prescribed under the act shall have to be complied with and that would constitute a due publication to the public. ..... the central government, stated before us that wirt petition was mainly concerned with validity of section 15 of the act therefore it was felt unnecessary to traverse the plea regarding the notifications referred above. 8. ..... shylendra kumar, then contended that the revenue is entitled to invoke section 27-b of the act while considering the refund, and in case the refund would result in the unjust enrichment of the petitioners the ..... the learned counsel appearing for the petitioners, relied on the language of section 25 of the act to point out that the exemption under section 25 is to be 'by notification in the official ..... the learned counsel pointed out that there is a distinction between the act of the legislature in enacting a legislation which would be known to the public in the very process of enacting, it unlike a notification issued by the delegated authority like .....

Ranganatha Associates and ors. Vs. Union of India (Uoi) and ors.

Court : Karnataka

Reported in : (2003)180CTR(Kar)441

..... strongly places reliance on a clarification on kar vivad samadhan scheme, 1998, regarding instructions under section 96 of the finance (no.2) act, 1998 issued by the department. ..... government introduced voluntary disclosure of income scheme, 1997, in terms of finance act, 1997. ..... the finance (no.2) act, 1998, introduced a scheme called kar vivad samadhan scheme, 1998 ('the scheme' for ..... cit(a) or chief cit or cit, as the case may be, may, in lieu of payment of the refund, set off the amount to be refunded or any part of that amount, against the sum, if any, remaining payable under this act by the person to whom the refund is due, after giving an intimation in writing to such person of the action proposed to be taken under this section. ..... applications were scrutinised and certain payments were determined as tax payable in terms of the scheme as per form 2a issued under section 91 of the finance act. ..... consideration when the statutory provisions of the scheme are stated in such plain language.seen from the angle of the designated authority, which is created under the scheme, it is clear that the authority cannot act beyond the provisions of the scheme itself, the power to accept payment under the scheme has been prescribed by the statute. ..... this argument of adjustment at the outset is attractive and appealing, but a further close reading of the provisions of the scheme and the act would show that the said argument has no legal sanction, and has to be rejected, and, i do so in the case on hand .....

Chief Commissioner (Administration) Vs. Sanjay Sales Syndicate

Court : Karnataka

Reported in : [1992]197ITR255(KAR); [1992]197ITR255(Karn)

..... this proviso was inserted by the finance act, 1987, with effect to this proviso in the present case in actually making the said proviso effective retrospectively. ..... both these reasonings need not be considered by us in view of the specific language of section 43b of the income-tax act, 1961, read with explanation 2 thereto introduced with effect from april 1, 1984, by the finance act, 1989. ..... explanation 2 was introduced with retrospective effect by the finance act, 1989. ..... the assessee had made the payment before the return of income was filed on or before the due date applicable for furnishing the return of income under sub-section (1) of section 139 of the income-tax act, 1961, and the assessee had furnished proof of having made such payment. ..... several reasons are given by the appellate tribunal ultimately holding that section 43b of the income tax act, 1961, was not at all applicable to the facts of the case. ..... sale tax collected by the assessee in one month having regard to the provisions of the karnataka sales tax act and the rules framed thereunder. ..... the question for our consideration referred under the provisions of the income-tax act, 1961 reads thus : 'whether, on the facts and in the circumstances of the case, while computing the income on accrual basis on the mercantile method of accounting in accordance with section 145, sales tax which was an accrued liability, not payable within the accounting year, could be added back under section 43b of the income-tax act, 1961 ?' 2. .....

K.S. Ayodhyanath Vs. Commissioner of Wealth-tax, Karnataka

Court : Karnataka

Reported in : (1981)24CTR(Kar)9; [1983]141ITR309(KAR); [1983]141ITR309(Karn)

..... (xxxi) and (xxxii) were added with effect from april 1, 1973, by the finance act, 1972, and clause (iva) was inserted with effect from april 1, 1975, by the finance act, 1974. 5. ..... the matters relate to the assessment year 1972-73 and 1973-74 and are in relation to wealth-tax assessment. 2. ..... the tribunal has referred the following common question : 'on the facts and in the circumstances of the assessee's case whether the tribunal was right in its interpretation of the proviso to section 5(1a) of the wealth-tax act, 1957 ?' 3. ..... act, excess deduction had been given in a sum of rs. .....

The Commissioner of Income-tax and the Deputy Commissioner of Income-t ...

Court : Karnataka

Reported in : (2007)207CTR(Kar)620; [2007]293ITR146(KAR); [2007]293ITR146(Karn)

..... . the subsequent omission of the said sub-clause by the finance act of 1985 with effect from the date of its proposed insertion was also, made with a view to give ..... case, the cbdt circular considered the finance act of 1999 and the subsequent ..... . the omission of sub-clause (vi) in section 17(2) and also sub-clause (vi) of explanation 2(b) to section 40a(5) of the act from the date of its proposed insertion also was to give relief to salaried taxpayers so that granting of loan to an employee without charging any interest would not be treated as benefit for the purposes of section 17(2) of the act.section 17(2) of the act, by an inclusive definition, sought to include loans given by an employer to its employee for purchase of a building or a site or a ..... two meanings are attributable to a word used in the fiscal law, the meaning which is more beneficial to the taxpayers will be applied, specially it is so, when the state itself at one point of time clearly acted as if the wider meaning was not attributable without adding further words.the valuation of the perquisite is to be as per the rules. ..... accordingly the interpreter is to make allowances for any relevant changes that have occurred, since the act's passing, in law, social conditions, technology, the meaning of words, and other matters.assuming that there are two possible interpretations on section 22 of the 1961 act, which is akin to a charging section, it is well settled that the one which is favourable to the assessee .....

Addl. Commissioner of Income-tax, Mysore Vs. C.V. Bagalkoti and Sons

Court : Karnataka

Reported in : ILR1979KAR127; [1978]115ITR131(KAR); [1978]115ITR131(Karn); 1979(1)KarLJ34

..... 1963-64 on april 9, 1964, in which he had concealed some income which was liable to income-tax, penalty was leviable in accordance with the provisions contained in the explanation which was added by the finance act, 1964, which came into force on april 1, 1964, as the return had been filed subsequent to the coming into force of the explanation. 23 ..... to the conclusion that the quantum of penalty had to be determined in accordance with the law prevailing at the commencement of the relevant assessment year and not in accordance with the act as amended by the finance act of 1968 even though the return had been filed subsequent to april 1, 1968 ..... the year 1968 are sufficient for the purpose of disposal of these cases, in order to make the picture complete we propose to set out the further amendment made to the above provision of law by the taxation laws (amendment) act, 1975, which came into force on april 1, 1976, after the above amendment, sub-clause (iii) reads : '(iii) in the cases referred to in clause (c), in addition to any tax payable by him, a sum which ..... assessee, the inspecting assistant commissioner was of the opinion that penalty was leviable in accordance with the provisions of the act as amended by the finance act of 1968 which came into force on april 1, 1968, and levied a penalty of rs. ..... consideration before the court was whether the explanation which was added to section 271(1) by the finance act, 1964, governed the determination of the liability of the assessee ..... orissa : [1972]83itr26(sc) .....