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Commissioner of Income-tax Vs. Groz Beckert Saboo Ltd.

Court : Punjab and Haryana

Reported in : (2009)222CTR(P& H)427; [2009]308ITR397(P& H)

..... .5. learned counsel for the assessee further contended that investment allowance is allowable to the assessee-company under the provisions of section 32a(2) and this section was amended by the finance (no. 2) act, 1977, with effect from april 1, 1978, relevant to the assessment year 1978-79 for enlarging the scope of the ..... officer came to the conclusion that the allowance was properly claimed and allowed it, he was acting in accordance with law.6. learned counsel for the assessee also referred to the speech of the finance minister, dated march 15,1976, wherein he introduced the investment allowance in place of the 'development rebate' in the following ..... investment allowance will be allowed at the rate of 25 per cent, of the cost of acquisition of new machinery and plant installed after march 31, 1976, in industries currently qualifying for initial depreciation. i also propose to extend the list of qualifying industries by including eight other priority or export-oriented industries, .....

Commissioner of Income-tax Vs. Century Flour Mills Ltd.

Court : Chennai

Reported in : [1999]239ITR23(Mad)

..... . valliappa textiles ltd. : [1988]172itr168(kar) .5. we hold that the view of the appellate tribunal that the amendment made by the finance (no. 2) act, 1977, enlarging the scope of section 32a in retrospective operation would apply even for the assessment year 1977-78 is plainly erroneous in law. the amendment makes it clear that it would ..... of installation, the assessee had not manufactured any of the articles specified in the ninth schedule to the act. the ninth schedule was substituted by the eleventh schedule in section 32a of the act by a subsequent amendment made by the finance (no. 2) act, 1977, with effect from april 1, 1978. he, therefore, held that the assessee was not ..... . 2) act, 1977, with effect from april 1, 1978, was retrospective in character and the investment allowance was available for machinery installed on or after march 51, 1976, and the amendment would apply to the assessment year 1977-78 as well.3. the revenue challenged the order of the appellate tribunal and the .....

Ags Entertainment Private Limited Vs. Union of India

Court : Chennai

..... constitution of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii and ..... colourable piece of legislation and constitutionally invalid (a.s. krishna v. state of madras, (1957 scr399= 1957 crilj409 a.b. abdul kadir v. state of kerala, (1976) 3 scc219at p. 232 = 1976 scc (tax) 270 and federation of hotel & restaurant assn. of india v. union of india, ((1989) 3 scc634at p.651). if the statute is legislatively ..... statute will be a colourable piece of legislation and constitutionally invalid (a.s. krishna v. state of madras 1957 scr399 , a.b. abdul kadir v. state of kerala (1976) 3 scc219 scc at p. 232 and federation of hotel & restaurant assn. of india v. union of india , scc at p. 651). if the statute is legislatively .....

G.V.Matheswaran Vs. the Union of India

Court : Chennai

..... ultra vires the provisions of the finance act, 1994 as amended by the finance act, 2007 and finance act, 2008. 36 in view of paragraph no.30 above, upholding the validity of section 65(105)(zzzz) and 65(90-a) of the finance act, 1994, as amended by the finance act, 2010 and section 77 of the finance act, 2010, w.p.nos.24586 ..... are filed seeking a writ of prohibition prohibiting the respondents from (a) giving effect to the provisions of section 65(90a) read with section 65(105)(zzzz) of the finance act, 1994 as amended by the finance act, 2007 and finance act, 2010 (b) levying or attempting to levy, collect or recover from the petitioner, any service tax under ..... sathyanarayanan, j. in this batch of writ petitions, challenge is made broadly to the provisions of section 65 (105)(zzzz) and 65(90a) of the finance act, 1994, as amended by the finance act, 2010 and section 77 of the finance act, 2010 on the ground that the said provisions are illegal, arbitrary and ultra vires the constitution .....

Commissioner of Income-tax, Kerala Vs. K. Srinivasan

Court : Supreme Court of India

Reported in : AIR1972SC491; [1972]83ITR346(SC); (1972)4SCC526; [1972]2SCR309

..... tax payable by the assessee on the salary portion of the total income shall be the proportionate amount payable according to the rates provided in the finance act 1963. under section 2 of the finance act 1963 income tax was to be charged at the rates specified in part i of the first schedule-and super tax at the rates specified in ..... contained the rates etc. relating to the surcharge. similar state of affairs existed with regard to finance acts of 1953, 1954, 1957. section 2 of the finance act 1971 is to the effect that the provisions of section 2 and of the first schedule to the finance act 1970 shall apply in relation to income tax for the assessment year or as the case may ..... the super tax was, however, to be increased by a surcharge for the purpose of the union and a special surcharge. it will be noticed that section 2(2) of the finance act 1964 did not contain mention of any of the surcharges. this, led to the controversy which resulted in the reference.4. before the high court the .....

Kanoria Industries Ltd. Vs. Union of India (Uoi)

Court : Karnataka

Reported in : 2005(190)ELT295(Kar)

..... to persons like the petitioners in the earlier existing valid notifications. it is therefore the submission of the learned counsel for the petitioners that section 112 of the finance act, 2000 is unconstitutional.10. one other contention urged on behalf of the petitioners is that the statutory provision also has the effect of ..... legislation by the parliament?8. the main contention urged by sri pramod kathavi learned counsel for the petitioners is that a validating legislation as section 112 of the finance act, 2000 is being described as one, is essentially legislated for the purpose of validating an earlier levy through a statute, a statute ..... could have continued to reap the benefit of modvat credit and the petitioner therefore feeling aggrieved by this endorsement as also the provision of section 112 of the finance act, 2000, has challenged the constitutional validity of this statutory provision and for quashing the consequential endorsement and further direction for restoration of the .....

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2007)288ITR226(Hyd.)

..... case falling under section 115a or section 115b or section 115bb or section 115e or section 164 or section 164a or section 167b, section 115b or section 164, the rate or rates specified in section 115a or section 115b or section 115bb or section 115e or section 164 or section 164a or section 167b, as the case may be, or the rate or rates of income-tax specified in this behalf in the finance act of the relevant ..... only for the period 1965 to 1976. the said order could not be given retrospective effect.12.32 this hyderabad bench of the tribunal in the case of a.p. state civil supplies corporation ltd. v. dcit 83 itd 398 had occasion to consider the applicability of the amended provisions of section 254(2a) inserted by the finance act, 2001 with effect from 1 .....

Karvy Consultants Limited Vs. Government of India

Court : Andhra Pradesh

Reported in : 2006[]STR75

..... in relation to the business auxiliary services of provision of service on behalf of the client, from the whole of the service tax leviable thereon, under section 66 of the finance act, which is received by the service provided prior to 10-9-2004. this notification has neither been referred to in the show cause notice issued ..... since the activity carried on by the petitioner of 'registrar and transfer agency' falls within the purview of 'any incidental or auxiliary support service' under section 65(19) of the finance act, 2003, the said business auxiliary services rendered by the petitioner during the period 1-7-2003 to 31-1-2004 would bring them within the service ..... by the petitioner towards such services rendered from 1-7-2003 to 31-1-2004, that the show cause notice was issued after strictly construing section 65(19) of the finance act, 2003, that the functions of the registrar and share transfer agent is a service rendered which is in the nature of incidental or auxiliary support .....

State of West Bengal Vs. Calcutta Club Limited

Court : Supreme Court of India

..... , as a result of which service tax was imposed on all taxable services, short of those which were in a negative list contained in section 66d of the finance act. according to the learned counsel appearing on behalf of the respondents, the same position that obtained re: incorporated members clubs continued after 2012, despite ..... .58. as was stated hereinabove, service tax was introduced for the first time by the finance act, 1994. under section 64(3), chapter v of the finance act applied to taxable services as defined, with effect from 16th june, 2005. under section 65(25a), club or association was defined as follows: club or association means any person ..... of persons and their members are statutorily to be treated as distinct persons.78. the explanation to section 65, which was inserted by the finance act of 2006, reads as follows: explanation: for the purposes of this section, taxable service includes any taxable service provided or to be provided by any unincorporated association or body .....

Commissioner of Income-tax Vs. L.G. Balakrishnan

Court : Chennai

Reported in : [2002]255ITR339(Mad)

..... part iv of the first schedule to the finance act, 1974 (20 of 1974), or of the first schedule to the finance act, 1975 (25 of 1975), or of the first schedule to the finance act, 1976 (66 of 1976), or of the first schedule to the finance (no. 2) act, 1977 (29 of 1977), or of the first schedule to the finance act, 1978 (19 of 1978), shall be set off ..... under sub-rule (1), or, as the case may be, sub-rule (2). rule 10 of the rules in part iv of the finance act, 1974, provides that ..... r. jayasimha baba, j. 1. the assessment year is 1979-80. 2. despite the absence of provisions similar to sections 80 and 139(3) with regard to the need for having the loss determined in the relevant assessment year before claiming the right of carry forward of the loss to .....