Judgment Search Results Home > Cases Phrase: finance act 1973 section 27 amendment of act 1 of 1944 Page 20 of about 1,135 results (0.223 seconds)

J.K. Cotton Spinning and Weaving Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1989)(23)LC385Tri(Delhi)

..... ; (b) if it is held that they had not lapsed, would they be authority for demanding duty in view of the submission that the department acquired the right to recover past dues only with the amendments to rules 9 and 49 in terms of section 51 of the finance act, 1982: and (c) whether the notices dated 4.5.1981 are saved in the present case in view of the favourable judgment in the appellants' own case by the delhi high court, the department's slp ..... in these premises it was argued by shri ravinder narayan, the learned counsel for the appellants that since the supreme court has held in 1987 (32) elt 234 that though section 51 of the finance act, 1982 giving retrospective effect to the amendments of rules 9 and 49 of the ce rules, 1944 by notification no.20/82-ce is valid but the demand is subject to the limitation provided under section 11a of the central excises and salt act, 1944 i ..... . accordingly, while enacting the finance act, 1982 the parliament enacted section 51 giving retrospective effect to the amendments made in rules 9 and 49 of the central excise rules, 1944 by notification no. ..... now, section 51(1) of the finance act, 1982, clearly provides that the amendments to rules 9 and 49 by notification dated 20.2.1982 shall be deemed to have, and to have always had, effect on and from the date on which the central excise rules, 1944, came into ..... by section 51 of the finance act, 1982, retrospective effect was given to the aforesaid amendments to rules 9 and 49 from 28.2.1944. .....

Delhi Transport Corporation Vs. Commissioner Service Tax

Court : Delhi

..... 1994; (iii) penalty should not be imposed under section 76 of the finance act, 1994, as amended in view of failure to pay the service tax amounting to 7,19,01,910/-(three scns) on the said services as stated above; (iv) penalty should not be imposed under section 77 of the finance act, 1994, as amended in view of failure to get registered and furnish prescribed returns in time; (v) penalty should not be imposed under section 78 of the finance act. ..... cess) due amounting to 7,19,01,910/(three scns), on the value of taxable services should not be demanded and recovered under the proviso to the section 73(1) read with section 68 of the finance act, 1994 and rule 6 of service tax rules, 1994 and education cess under section 95 of finance act (no.2) 2004 read with section 66 of the chapter - v of finance act, 1994; (ii) interest at the appropriate rates on the said amount of 7,19,01,91 0 t - (three scns) which they have not paid during the period may, 2006 to march, 2008, should ..... this appeal under section 35g of the central excise act, 1944 has been preferred by delhi transport corporation (dtc), a central public sector undertaking, to assail the order dated 25.04.2014 passed by the principal bench of custom excise and service tax appellate tribunal (hereinafter referred to as the .....

Checkmate Services P Ltd Vs. Commissioner Of Income Tax-i

Court : Supreme Court of India

..... the same finance act, 1987 also introduced provisos to section 43b, through amendment (clause 10 of the finance bill) ..... it is important to note once again that, by the finance act, 2003, not only is the second proviso deleted but even the first proviso is sought to be amended by bringing about a uniformity in tax, duty, cess and fee on the one hand vis- -vis contributions to welfare funds of employee(s) ..... it is important to note once again that, by finance act, 2003, not only the second proviso is deleted but even the first proviso is sought to be amended by bringing about an uniformity in tax, duty, cess and fee on the one hand vis-a-vis contributions to welfare funds of employee(s) ..... 1 scc489 8 of deletion of the second proviso to section 43b of it act (by finance act, 2003) and whether the same operated prospectively. ..... the second proviso was substituted by finance act, 1989 with effect from 01.04.1989 and read as under: provided further that no deduction shall in respect of any sum referred to in clause (b) be allowed unless such sum has actually been 22 paid in cash or to by issue of a cheque or draft or by any other mode on or before the due date as defined in the explanation below clause (va) of sub-section (1) of section 36, and where such payment has been made otherwise than in cash, ..... the report, the union introduced amendments to the it act, including an amendment to section 43b; the memorandum explaining the provisions in the finance bill, 2003 in the matter of section 43b. .....

Commissioner of Income-tax Vs. Deoria Sugar Mills Ltd.

Court : Kolkata

Reported in : [1971]80ITR408(Cal)

..... to the amount or the aggregate of the amounts, as the case may be, computed as hereunder : --(a)on that part of the aggregate of the sums arrived at in accordance with clause (i) of the second provisoto paragraph d of part ii of the first schedule to the finance act, 1958 (xi of1958), as has not been deemed to have been taken into account, in accordance withclause (ii) of the said proviso, for the purpose of reducing the rebate mentioned in clause (i) of thesaid proviso to nil ;........... ..... the close connection between the income-tax act and finance act is further evident from the provisions of section 294 of the income-tax act of 1961 corresponding to section 67b of the act of 1922. ..... there is no levy, as such, according to the madras high court, of any super-tax on the excess dividend : super-tax is levied only on the total income of the previous year; that levy is authorised by section 55 of the income-tax act : and the rate is authorised by part ii-d of the first schedule to the finance act of 1956. ..... it should be remembered that the indian income-tax act, 1922, as amended from time to time, forms a code, which has no operative effect except so far as it is rendered applicable for the recovery of tax imposed for a particular fiscal year by a finace act.'13. .....

Chandulal Venichand Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (1991)38ITD138(Ahd.)

..... union of india [1988] 173 itr 708 that in order to apply the provision of section 43b (as it stood prior to amendments by finance act, 1987 and finance act, 1989) not only should the liability to pay the tax be incurred in the accounting year but the amount also should be statutorily "payable" in the accounting year.according to the a.p ..... common point in these three appeals relates to interpretation of provisions of section 43b of the income-tax act, 1961 as amended by the finance act, 1987 and the finance act, 1989.3. ..... already stated section 43b was amended by finance act, 1987 and finance act, 1989. ..... cit(a) who decided the appeal on 3-3-1988 considered the amendments made by finance act, 1987 with effect from 1-4-1988 in section 43b of the act. ..... . it has been held by patna high court that under the proviso which was inserted with effect from 1-4-1988 by the finance act, 1987, the words "actually paid" occurring in the main section 43b have in fact been interpreted and as such the said proviso should be regarded as an interpretation clause or a clause which explains what is meant by " actually paid" and that the interpretation given to the words "actually paid" ..... cit [1973] 87 itr 542 and the sales-tax that was not paid to the government constituted liability but in view of the provisions in section 43b, the said liability was not allowable as deduction ..... . [1973] 91 itr 289 ..... . [1973] 88 itr 192 and as such we should not depart from the view which we have taken in the earlier .....

Jagatdal Jute and Industries Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2004)1SOT210(Kol.)

..... " in the light of the discussions made above and respectfully, following the decisions of the aforesaid coordinate benches, we are, therefore, of the considered opinion that the amendment brought by the finance act, 2003 in the 1st proviso to section 43b of the act and consequential omission of 2nd proviso to section 43b is to be treated as retrospective in operation, and consequently, any sum payable by the assessee as an employer by way of contribution to any provident fund or superannuation fund or gratuity fund ..... rs.5,14,124 (rs.5,13,049 + rs.1,075) as contribution to esi, all pertaining to march, 1996 but all paid before due date for furnishing the return of income for the year, is unsustainable in law particularly in view of amendments, introduced by finance act, 2003 in section 43b of income tax act, 1961, which are to be treated as having retrospective effect covering the year under consideration in view of principles laid down by honble supreme court in allied motors pvt. ..... in this sense, therefore, the amended 1^st proviso as amended by the finance act, 2003, covering all payments referred to in various clauses of section 43b, is to be treated as retrospective in operation and to be read as forming part of section 43b from its inception as the said amendment made by the finance act, 2003 is creative and remedial in nature and designed to eliminate unintended consequence causing undue hardships to the assessee.the income tax appellate tribuanal, "b" bench, mumbai, in the .....

Addl. Commissioner of Income-tax Vs. Farrukhabad Cold Storage (P.) Ltd ...

Court : Allahabad

Reported in : [1977]107ITR816(All)

..... it was contended that the assessee was an industrial company within the meaning of section 2(7)(d) of the finance acts of 1966 and 1967 and, therefore, its income was taxable at the concessional rate of 55 per ..... question for our opinion : 'whether, on the facts and in the circumstances of the case, the appellate tribunal was legally correct in holding that the assessee-company was an 'industrial company ' within the meaning of section 2(7)(d) of the finance acts of 1966 and 1967 and was, therefore, entitled to concessional rate of taxation ' 2. ..... this being so, the assessee-company would be an industrial company as defined in section 2(7)(d) of the finance acts of 1966 and 1967, and, therefore, entitled to the concessional rate of tax. ..... the 'processing of goods ' as used in section 2(7)(d) of the finance acts need not be of such a nature as to result in the manufacture of new ..... may be noted that in section 271(1)(c), quoted above, both the words ' manufacture ' and ' process ' were used as are used in the present section 2(7)(d) of the finance acts in hand. ..... to the question referred to us depends upon the interpretation to be put on the word 'industrial company' as defined in section 2(7)(d) of the finance acts of 1966 and 1967. ..... appellate assistant commissioner of income-tax held that the activities of running the cold storage falls in the category of processing of goods and, as such, the assessee-company was an industrial company as defined in section 2(7)(d) of the finance acts. .....

Chitra Construction Company Vs. Addl Commissioner of Customs

Court : Chennai

..... accordingly, the first respondent had taken a conscious decision to issue search warrants, under section 82 of the finance act, 1994, read with section 12e of the central excise act, 1944, made applicable to service tax, in terms of section 83 of the finance act, 1994. ..... noted that the petitioners had claimed that the respondents had not followed the procedures contemplated under the relevant provisions of law, for ordering such searches and seizures, including the provisions contained in section 82 of the finance act, 1984, and the relevant provisions of the criminal procedure code 1973, relating to searches.130. ..... and another, 1980 air 185.the supreme court had held that an order of search and seizure made by the authority concerned, pursuant to a search warrant issued under section 93(1)(c) of the criminal procedure code, 1973, would not have the tendency to compel an accused to incriminate himself. ..... director of enforcement, foreign exchange regulation, 1985 air 989.the supreme court had held that when an office of the enforcement department proposes to act, under section 37 of the foreign exchange regulation act, 1973, he must have reason to believe that the documents useful for investigation or proceeding under the act are secreted. ..... of india, air 199.sc 522.it had been held that the supreme court had stated that it must be remembered that the statement made before the customs officials is not a statement recorded under section 161 of the criminal procedure code, 1973. .....

R.K. Marble Pvt. Ltd. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2007)(115)ECC27

..... revenue issued show cause notice dated 5.11.2004 to the appellants on the basis of amended section 73 of the finance act, 1994 for recovery of the service tax payable by the appellant as receipt of services from goods transporter operator for the period from 16.11.1997 to 2.6.1998.the specific allegations in the show cause notice is as under: whereas, the amended section 73 [73(1) to be precise] reads as under: where any service tax has not been levied or paid or has been short-levied or ..... should not be demanded and recovered from them under section 73(as amended) of the finance act, 1994; ii) interest at the appropriate rate should not be recovered from them under section 75 of the finance act, 1994. ..... should not be imposed upon them under section 76 of the finance act, 1994.the appellant resisted the show cause notice on the ground that even the amended provisions of section 73 are not applicable to them. ..... section 73 has also undergone certain amendments by finance act ..... in view of the facts stated above, it appears that the assessee has contravened the provisions of section 68 of the chapter v of the finance act, 1994 (32 of 1994) in as much as they had not paid service tax on taxable ..... is also liable to penalty in terms of section 76 of the chapter v of the finance act, 1994 (32 of 1994). ..... from the facts of the case that the show cause notice has been issued (as reproduced in paragraph 2 above) indicates that the demand has been issued under section 73 of the finance act, 1994. .....

Ramanasekar Steels Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (2008)9STR132

..... short) in the year 2001 and that the board declared them sick under section 3(1)(o) of the said act as on december 31, 2000 as per order dated september 19, 2002, a copy of which is available on record.learned counsel argues that the factum of the company having been declared sick as on a date prior to the period of dispute is a "reasonable cause" under section 80 of the finance act, 1994 for any penalty not being imposed on the assessee under any of ..... arising for consideration in the present case is whether the appellants should be exonerated under section 80 of the finance act, 1994 from penal liability under sections 76 and 77 of the act on the ground that they were declared sick with effect from december 31, 2000 by bifr under section 3(1)(o) of the sica. ..... similarly, he is also liable to pay penalty under section 77 upon his failure to file returns under the relevant provisions of the finance act and rules framed thereunder.according to learned jdr, these liabilities would not be affected in any way ..... penalty imposed under section 76 of the finance act, 1994 was reduced in the facts and circumstances of the case and a penalty imposed under section 77 was sustained.3. ..... 1,000 under section 11 of the finance act on the appellants for their failure to file service tax return ..... day under section 76 of the finance act, 1994 and ..... the question was whether the revenue should be lenient towards such an industry in demanding interest on service tax under section 75 of the finance act, 1994. .....