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Gkw Limited and anr. Vs. State of Rajasthan

Court : Rajasthan

Reported in : AIR2008Raj90; RLW2008(2)Raj1627

..... referring to the aforesaid entries, it is submitted by the learned counsel for the petitioners that pursuant to chapter vii of the rajasthan finance act of 2006, imposition of tax is directly and indirectly on the minerals, therefore, the aforesaid enactment does not fall under entry 49 of the second list and in view of entry 50 and central act, 1957, the state government is not competent to impose taxes on mineral rights,in view of union enactment of 1957, therefore, the whole enactment is made by the state government beyond ..... n.m.lodha, learned additional advocate general, appearing for the state of rajasthan, supporting the legislations of chapter vii of the rajasthan finance act of 2006, submits that the state government is competent to impose tax on land in view of entry 49 of the state list in schedule vii of the constitution. ..... according to the petitioners, even the imposition of land tax pursuant to chapter vii of rajasthan finance act, 2006 and rules framed thereunder is beyond legislative competence of the state of rajasthan, hence it is prayed that the aforesaid legislation may be held to be ultra vires.2. ..... in our opinion, the state government is having legislative competence for the enactment of chapter vii of the finance act of 2006 and rules framed thereunder, therefore, the act of 2006 cannot be held to be ultra vires as it is falling under entry 49 of the state list of schedule ii of the constitution. 22. .....

Brij Lal and ors. Vs. Commissioner of Income Tax, Jalandhar.

Court : Supreme Court of India

Reported in : (2011)1SCC1

..... "assessed tax" means the tax determined on the basis of the regular assessment (reduced by the amount of tax deductible in accordance with the provisions of sections 192 to 194, section 194a, section 194c, section 194d, section 195 and section 196a so far as such tax relates to income subject to advance tax and so far as it is not due to variations in the rates of tax made by the finance act enacted for ..... furnished by the assessee for the assessment year commencing on the 1st day of april immediately following the financial year in which the advance tax is paid or payable, as reduced by the amount of tax deductible or collectible at source in accordance with the provisions of chapter xvii on any income which is subject to such deduction or collection and which is taken into account in computing such total income; ..... subject to the provisions of sub-section (3) of that section, exclusive jurisdiction to exercise the powers and perform the functions of an income-tax authority under this act in relation to the case : (3) notwithstanding anything contained in sub-section (2) and in the absence of any express direction to the contrary by the settlement commission, nothing contained in this section shall affect the operation of any other provision of this ..... hereby declared that, in the absence of any express direction by the settlement commission to the contrary, nothing in this chapter shall affect the operation of the provisions of this act in so far as they relate to any matters other .....

intercontinental Consultants and Technorats Pvt. L Vs. U.O.i. and anr.

Court : Delhi

..... you are hereby directed to deposit the due service tax along with interest @ 13% under section 73 and 75 respectively of the finance act, 1994 within 15 days. ..... the petitioner also contends, in the alternative that the said rule is ultra vires of the provisions of section 66 and 67 of chapter v of the finance act, 1994.2. ..... valuation of taxable services for charging service tax (1) subject to the provisions of this chapter, where service tax is chargeable on any taxable service with reference to its value, then such value shall, (i) in a case where the provision of service is for a consideration in money, be the gross amount charged by the service provider for such service ..... valuation of taxable services for charging service tax for the purposes of this chapter, the value of any taxable service shall be the gross amount charged by the service provider for such provided or to be provided by him. ..... provided or to be provided by him; (ii) in a case where the provision of service is for a consideration not wholly or partly consisting of money, be such amount in money as, with the addition of service tax charged, is equivalent to the ..... service tax was introduced by chapter v of the finance act, 1994. .....

Bangalore Turf Club Limited Vs. Union of India

Court : Karnataka

..... also contended that section 194bb of the act which relates to deduction of tax at source (tds) for winnings from horse races was inserted by finance act, 1978 and with regard to applicability of section 194bb to stake money, circular no.240 dated 46 17.05.1978 came to be issued by the central board of direct taxes and as per clause 25(1)f of the said circular it has been clearly indicated that section 194bb of the act would not apply to stake money.12 ..... they have also contended that till recently, no tax was deducted at source on the stake monies paid to the owners under any of the provisions contained in chapter xvii-b of the act dealing with tax deduction at source and at no point of time the issue had ever been raised by ..... and mysore and they have filed these writ petitions challenging the demand raised by the respective income tax officers (tds) who have issued notices to them as to why they have not deducted income tax while making payment of stake money to the owners of the horses as required under the provisions of chapter xvii/section 194b of the income tax act, 1961 (hereinafter referred to as act for short) and as to why they should not to be treated as defaulters. ..... this introduction is important for the reason that unlike other sections in chapter xvii-b regulating deduction of tax at source out of other payments, section 192 requires 117 in accordance with that notwithstanding such deduction on estimated income chargeable under the head salary and at the time of payment .....

Kailash Paints and Chemicals Vs. C.C.E.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1998)(62)ECC395

..... appellant, shri ajay jain, learned counsel submitted that the change of tariff classification for items like zinc ash from chapter 79 to chapter 26 proposed in the finance bill of 1988 became effective only after passing of the finance act of 1988 which was on 13-5-1988. ..... of the provisional collection of taxes act, 1931, according to which only those proposals in the finance bill will come into effect immediately which have the effect of enhancing the rate of duty but those provisions amending the statute or tariff items will be effective only from the date of passing of the finance act. ..... as regards the assessments in the subsequent period when appellant was having duty paid zinc ash and other material on which duty had been paid under chapter 79, if duty had been paid prior to 1-3-1988 under chapter 79, the fact that such inputs were taken into use after 12-5-1988 would not deprive the benefit of exemption on the ground that the tariff heading for zinc ..... as far as the assessment during the period 1-3-1988 to 12-5-1988 till the coming into the finance act, 1988 was concerned. ..... the legal position with regard to the intervening period between the presentation of the finance bill and its enactment is governed by the provisional collection of taxes act, 1931, the provisions of which were applied by the tribunal in the decision cited ..... the appeal is directed against the order-in-original, dated 11-12-1989 passed by the additional collector of central excise, chandigarh demanding central .....

L.H. Sugar Factories Ltd. and ors. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2004)(93)ECC224

..... and had not paid service tax @5% as required under chapter v of the finance act, 1994 as amended subsequently.2. ..... any time within one year, from the relevant date, serve notice on the person chargeable with the service tax which has escaped assessment or has been under assessed or has not been paid or has been short paid, or to whom any sum has been erroneously refunded, requiring him to show cause why he ..... deputy commissioner of central excise has, in consequence of information in his possession, reason to believe that he value of any taxable service assessable in any prescribed period has escaped assessment or has been under-assessed, or service tax has not been paid or has been short paid or any sum had erroneously been refunded.he may, in cases falling under clause (a), at any time within five years, and in cases falling under clause (b), at ..... 70 for any prescribed period or to disclose wholly or truly all material facts required for verification of the assessment under section 71, the value of taxable service has escaped assessment or has been under assessed, or service tax has not been paid or has been short paid or any sum has erroneously been refunded, or (b) notwithstanding that there has been no omission or failure as mentioned in clause (a) on the part of the assessee, ..... these appeals are directed against the common order passed by the commissioner (appeals) customs & central excise, .....

Onkar Travels (P.) Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2007)10STT244

..... notice was issued by the deputy commissioner of service tax under section 74 of the finance act, 1994, to enhance the assessment, and a allegation ..... obtained under sub-section (1) and after taking into account any relevant material which he has gathered shall, by an order in writing assess the value of taxable service and the amount of service tax payable on the basis of such assessment.it can be seen from sub-section (2) of the section 71, that the central excise officer has to call for the records and after considering such ..... find that the st3 return filed by the appellant during the relevant period were assessed finally by the superintendent, service tax under section 71 of the finance act, 1994. ..... (3) an appeal shall be presented within three months from the date of receipt of the decision or order of the central excise officer, elating to service tax, interest or penalty under this chapter: provided that the collector of central excise (appeals) may, if he is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the aforesaid ..... or reducing the refund already made, the central excise officer shall make an order specifying the sum payable by the assessee and the provisions of this chapter shall apply accordingly.it can be seen from the above provision, if these is a mistake apparent from the record than only the provisions of the section 74 can ..... of the service tax, inasmuch, that the superintendent service tax, never directed the appellant .....

In Re: Advance Ruling P. No. 10 of

Court : Authority for Advance Rulings

Reported in : (1997)224ITR473AAR

..... --under the provisions of section 164 of the income-tax act before the amendment made by the finance act, 1970, income of a trust in which the shares of the beneficiaries are indeterminate or unknown, is chargeable to tax as a single unit treating it as the total income of an association of persons. ..... mentioned in section 112 in the case of any assessee who is directly assessed under section 4 of the act read with the provisions of the relevant finance act, the rates mentioned in section 112 in respect of capital gains will prevail over the rates prescribed under the finance act. ..... the ic, as a non-resident, is entitled to file an application under chapter xix-b and, though the definition of "advance ruling" in section 245n(a) places no specific restrictions regarding the nature of the questions to be asked, the authority is of opinion that the question raised should be one which directly involves or affects the income-tax liability of the non-resident. ..... , [1995] 200 itr 396; trustees of gordhandas govindram family charity trust's case, [1973] 88 itr 47; mohsinally alimohammed rafik's case, [1995] 213 itr 317 (aar); in re: advance ruling no. p. ..... in support of his contention, sri dastur relies on the decisions of the supreme court in trustees of gordhandas govindram family charity trust's case [1973] 88 itr 47 and in nizam's case [1977] 108 itr 555. .....

Mange Ram Mittal Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

..... during the course of hearing before us, the learned counsel for the assessee pointed out that the parliament has enacted a separate chapter xiv-b laying down special procedure for assessment of search cases by the finance act, 1995 with effect from 1-7-1995, the fact that separate chapter was inserted instead of any amendment of existing provisions showed that this chapter had been inserted as a self-contained code.therefore, while interpreting any part or portion of the ..... cit (1954) 26 itr 775 (sc), honble apex court observed as under: as regards the second contention, we are in entire agreement with the learned solicitor general when he says that the income-tax officer is not fettered by technical rules of evidence and pleadings, and that he is entitled to act on material which may not be accepted as evidence in a court of law, but there the agreement ends; because it is equally clear that in making the assessment under sub-section (3) of ..... the learned counsel devoted considerable length of arguments to bring home the point that for any amount to be subject to tax under chapter xiv-b, there should be direct nexus with the material discovered during the course of search operations. ..... we have also pointed out that in income-tax proceedings it is generally not possible to expect the assessing officer to lay his hands on direct evidence of undisclosed income and his inferences in that behalf are to be drawn on the cumulative effect of various facts and circumstances gathered by him .....

Mange Ram Mittal Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)103ITD389(Delhi)

..... before us, the learned counsel for the assessee pointed out that the parliament has enacted a separate chapter xiv-b laying down special procedure for assessment of search cases by the finance act, 1995 with effect from 1st july, 1995. ..... deeds seized from the residence of the assessee the learned ao found that 16 partners were having addresses of yeti nagar, hansi and 16 partners were shown to be from village dhanauri.income-tax inspector made several trips to hansi and dhanauri and conducted elaborate enquiries but could not trace even a single person.some of the addresses like 817, 832, 837 yeti nagar were only vacant ..... the evidence found as a result of the search the ao is not bound by technical rules of evidence and, therefore, he may take into account facts and circumstances that may not be admissible under indian evidence act and he may arrive at his finding not on the basis of any direct evidence of undisclosed income but on the basis of cumulative effect of all the facts and circumstances relating to the proceedings before him.96. ..... length of arguments to bring home the point that for any amount to be subject to tax under chapter xiv-b, there should be direct nexus with the material discovered during the course of search operations. ..... we have also pointed out that in income-tax proceedings it is generally not possible to expect the ao to lay his hands on direct evidence of undisclosed income and his inferences in that behalf are to be drawn on the cumulative effect of various .....