Court : Rajasthan
Reported in : [2006]146STC310(Raj)
..... [1975] 35 stc 571 it was felt that levy of a interest would also be unsustainable, therefore by central sales tax (amendment) act, 1976 section 9 was amended and the words, 'charging for payment of interest' was inserted with retrospective effect and a validation section with regard to interest was also introduced. ..... for the petitioner, has submitted that section 120 of the finance act, 2000 seeking to validate the levy on interest on central sales tax was itself invalid as the provision of section 9 of the central act incorporating sub-section (2b) therein for levying interest on late payment of cst was prospective in nature; the validating act without curing the defect pointed out by the supreme court and failing to amend the section 9 of the central sales tax act retrospectively cannot stand the scrutiny of this ..... 103 of 1976 and clause 9, sub-clause (4) which validates the levy of interest from january 5, 1957 and another by the finance act, 2000 again for the same period. .....
Tag this Judgment!Court : Rajasthan
Reported in : [1986]158ITR47(Raj)
..... subsequently, section 5(1)(viii) of the wealth-tax act was amended by the finance (no. ..... in view of the decision of the supreme court and in view of the other decisions referred to above, in our opinion, no case for initiating proceedings under section 35 of the wealth-tax act has arisen as the original assessment docs not disclose any mistake apparent from the record and we decline to direct the tribunal to state the case on the question stated by the petitioner calling upon the ..... it was observed that no substantial question of law arises after the order of the appellate tribunal and the tribunal was right in rejecting the application under section 256(1) of the act is there was no obvious and patent mistake committed by he income-tax officer in the original order.9. ..... in that case as well, the appellate assistant commissioner passed an order of rectification under section 35 of the wealth-tax act, 1957, withdrawing the exemption granted to the petitioner in respect of jewellery and ornaments and included an amount of rs. ..... the assessee preferred appeals against the order of the wealth-tax officer before the appellate assistant commissioner of income-tax, jodhpur, who by his order dated june 22, 1976, annulled the order of the wealth-tax officer. ..... 139, 140 and 141 jp 1976-77 for the assessment years 1967-68, 1968-69 and 1969-70.2. ..... cwt : [1976]105itr115(guj) . .....
Tag this Judgment!Court : Rajasthan
Reported in : [1987]163ITR385(Raj)
..... , section 5 of the wealth-tax act was amended by the finance (no ..... in view of the decision of the supreme court and in view of the other decisions referred to above, in our opinion, no case for initiating proceedings under section 35 of the wealth-tax act has arisen as the original assessment does not disclose any mistake apparent from the record and we decline to direct the tribunal to state the case on the question stated by the petitioner calling ..... observed that no substantial question of law arose after the order of the appellate tribunal and the tribunal was right in rejecting the application under section 2gg(1) of the act, as there was no obvious and patent mistake committed by the income-tax officer in the original order.9. ..... observed that the question of retrospectivity of the amendment was serious and highly debatable and could not be resolved without making a serious and studied attempt of the different amendments sought to be inserted in section 6(1)(viii) of the wealth-tax act. ..... in that case as well, the appellate assistant commissioner passed an order of rectification under section 35 of the wealth-tax act, 1957, withdrawing the exemption granted to the petitioner in respect of jewellery and ornaments and included an amount of ..... preferred appeals against the order of the wealth-tax officer before the appellate assistant commissioner of income-tax, jodhpur, who by his order dated june 22, 1976, annulled the order of the wealth-tax officer. ..... cwt : [1976]105itr115(guj .....
Tag this Judgment!Court : Rajasthan
Reported in : (1984)41CTR(Raj)21; [1984]149ITR487(Raj)
..... even without the proviso, the rate prescribed by the finance act of the previous year would have been applicable to the dividend income by virtue of the provisions of section 2(3)(a) of the relevant finance act; but the very same provisions have been added to para, 6a, in the form of a proviso and the same would make no difference to the interpretation of the main enacting part of para. ..... the proviso, as mentioned above, merely makes the provisions of section 2(3)(a) of the finance act applicable in the calculation of rebate or concession relating to dividend income or deemed dividend income. ..... the obvious object of the concession provided by the taxation laws (extension to merged states and amendment) act of 1949 and by the part b states (taxation concessions) order, 1950, was to provide rebate to the assesses of the former indian states, in order to avoid hardship and anomalies and to remove difficulties that may arise on account of ..... 's case : [1957]32itr688(sc) their lordships of the supreme court observed that there are no separate taxes leviable under the various schedules of the i.t. ..... cit : [1957]32itr688(sc) their lordships of the supreme court quoted with approval the following observations of viscount dunedin in salisbury house estate ltd. v. .....
Tag this Judgment!Court : Rajasthan
Reported in : (2002)176CTR(Raj)177
..... the provisions relating to service-tax as originally enacted were amended to some extent by the finance act, 1996, and some more services namely, radio, pager services, advertising services ..... (3) with effect from the date notified under section 88 of the finance act, 1997 (26 of 1997), there shall be levied a service-tax at the rate of five per cent of the value of the taxable services ..... further, in exercise of the powers conferred by section 93 of the finance act, 1994, the central government has exempted in the public interest the taxable services other than of auditing and accounting provided by a practising chartered accountant in his professional capacity to a client from ..... mathur, j.by this judgment three writ petitions filed under article 226 of the constitution of india challenging the constitutional validity of the provisions of finance act by which service offered by the chartered accountants, real estate agents (property dealers) and the architects have been brought under the tax net, which is to be charged at 5 per cent of ..... india (1999) 11 dtc 197 (sc) : (1999) 105 taxman 630 (sc) pointed out that section 66 which is the charging section has to be read with section 65(d)(41) (now section 65(48)) that the charge of the tax is on the person, who is responsible for collecting ..... takim roy rymbai : [1976]103itr82(sc) the apex court held that legislature has ample freedom to select and classify persons, districts, goods, properties, incomes and objects which it would tax, and .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj70; [1969]74ITR378(Raj); 1969()WLN83
..... in our opinion, the term 'income-tax' has been used in sub-section (3) (a) of the finance act, 1957 in that limited sense in which it has been used in sub-section (1), and while computing the amount of income-tax on dividend income under clause (a) of subsection (3) of section 2 of the finance act of 1957 by applying the rate or rates applicable under the operation of the finance act, 1956 it is the amount of income-tax simpliciter which is determined and which does not include the amount either of surcharge or ..... time that an objection was taken by the assessee before the income-tax appellate tribunal, delhi bench 'b' that the special surcharge on unearned income at the rate of 15 per cent as provided by the finance act of 1957 could not be imposed on the dividend income of the assessee for that year because of the provisions of section 2 (3) (a) of the finance act, 1957, which provides that the income-tax on dividend income could be calculated as per the rates under operation of the ..... the assessee in the accounting year 1956-57 could be calculated as per the provisions of the finance act of 1957 which provides under clause (a) of sub-section (3) of section 2 that the income-tax on dividend income shall be computed by applying the rate or rates applicable under the operation of the finance act of 1956, but his contention is that the term 'income-tax' as used in clause (a) of sub-section (3) does not include the amount of surcharge or special surcharge, and it simply requires that .....
Tag this Judgment!Court : Rajasthan
Reported in : (1995)128CTR(Raj)325; [1996]217ITR799(Raj)
..... the submission of learned counsel for the revenue is that the amendment in section 43b was made by the finance act, 1988, and was effective from april 1, 1989. ..... the second proviso added by the finance act, 1987, and amended by the finance act, 1989, is explanatory in nature and, therefore, retrospective in operation.22. ..... the object of insertion of the proviso by the finance act, 1987, was stated in the memorandum of the finance act that the object behind the proviso to section 43b is to provide for a tax disincentive for deduction in respect of statutory liability which is not paid in time. ..... in order to overcome this problem amendment was made by the finance act, 1988, by which the words 'cess or fee, by whatever name called' were inserted in clause (a) with effect from april 1, 1989. ..... by the amendment by the finance act, 1989, in the second proviso the words 'during the previous year' have been deleted, as a result of which the deduction on account of contribution made to the provident fund, etc. ..... 9 of 1992, the following question of law has been referred by the income-tax appellate tribunal in respect of the assessment year 1987-88 under section 256(1) of the income-tax act, 1961 :'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was legally justified in granting the benefits of amendment to section 43b which was applicable with effect from the assessment year 1988-89 to the assessee in an appeal for an earlier year, thereby .....
Tag this Judgment!Court : Rajasthan
Reported in : [2003]264ITR529(Raj); 2006[3]STR344; 2002WLC(Raj)UC708
..... (3) with effect from the date notified under section 88 of the finance act, 1997 (26 of 1997), there shall be levied a service tax at the rate of five per cent of the value of the taxable services referred to in sub-clauses (g), (h), (i), (j), (k), (1), (m), (n) and (o) of clause (48) of section 65 and collected in such manner as may be prescribed. 67. ..... further, in exercise of the powers conferred by section 93 of the finance act, 1994, the central government has exempted in the public interest the taxable services other than of auditing and accounting provided by a practising chartered accountant in his professional capacity to a client from the whole of service tax ..... by this judgment three writ petitions filed under article 226 of the constitution of india challenging the constitutional validity of the provisions of the finance act by which service offered by the chartered accountants, real estate agents (property dealers) and the architects have been brought under the tax net, which is to be charged at 5 per cent. ..... section 66 of the act of 1994 as amended by the act of1997, which is a charging section provides for the charge of service tax at the rate of 5 per cent. ..... takin roy rymbai : [1976]103itr82(sc) , theapex court held that the legislature has ample freedom to select and classifypersons, districts, goods, properties, incomes and objects which it would tax,and which it would not tax. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(4)Raj2995
..... learned counsel for the petitioner contends that section 93 of the finance act makes it abundantly clear that with the commencement of the finance act, 1994, particularly the provisions relating to levy of education cess and exemption attached with the excise duty payable under the central excise act automatically became available to education cess as part of duties on excise and no separate notification was in fact required. ..... provisions of the central excise act, 1944 (1 of 1944) or under any other law ..... schedule to the central excise tariff act, 1985 (5 of 1986), being goods manufactured or produced, shall be a duty of excise (in this section referred to as the education cess on excisable goods), at the rate of two per cent, calculated on the aggregate of all duties of excise (including special duty of excise or any other duty of excise but excluding education cess on excisable goods) which are levied and collected by the central government in the ministry of finance (department of revenue), under the .....
Tag this Judgment!Court : Rajasthan
Reported in : [1987]163ITR278(Raj)
..... as to whether the shares of the assessee can be regarded as preference shares so as to entitle the assessee to rebate under the provisions of the finance act, 1964, and the finance act, 1965, involves the interpretation of the provisions of the financial corporations act, in the light of the provisions contained in section 85 of the companies act, 1956. ..... after the aforesaid assessment orders had been passed, the income-tax officer initiated proceedings under section 154 of the act for the rectification of the assessment orders and passed orders dated december 14, 1966, whereby the income-tax officer held that the assessee was liable to tax at the rate of 7.5% on the dividend declared by it in both the assessment years in view of the provisions contained in the finance act, 1964, and the finance act, 1965. ..... the provisions of the finance act, 1964, and the finance act, 1965, provide for rebate to a company and the term 'company' is defined in section 2(17) of the income-tax act. ..... the aforesaid definitions of the expressions 'company' and 'indian company' show that the provisions in the finance act, 1964, and the finance act, 1965, relating to rebates were mainly in relation to companies formed and registered under the companies act, 1956, and companies formed and registered under any law relating to companies formerly in force in any part of india. ..... cit : [1976]102itr517(patna) . .....
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