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Y.D. Nanje Gowda Vs. Union of India and anr.

Court : Karnataka

Reported in : ILR1985KAR955; [1985]152ITR618(KAR); [1985]152ITR618(Karn)

..... the finance act of 1976 again amended the rates only retaining the clause in principle effected in the finance act of ..... 1974), as amended by the finance act of 1976 (central act no. ..... section 2 of the finance act, 1974, also made corresponding amendments in ..... sri prasad has contended that the amendment made to the act by the finance acts subjecting an huf with one member whose net wealth exceeds rupees one lakhs to higher rate of tax was discriminatory, irrational, arbitrary and was violative ..... is ancestral property or not, have the self-acquired property thrown into the family hotchpot, so that individual's income liable to higher tax rate is reduced and also liability arising due to clubbing of income under section 64 of the income-tax act, 1961, is avoided; and (d) retain the ancestral property as the property of joint family as otherwise the property as well as the income from such property will be assessed in the hands of the members ..... that the taxation law (amendment) act, 1970, and the finance (no.2) act, 1971, have plunged the leakage of tax through the device of throwing self-acquired property into the common hotchpot by and the income-tax act, 1961, the wealth-tax act, 1957, and the gift-tax act, 1958. ..... act of 1957 (central act ..... the act that came into force from april 1, 1957, has been enacted to provide for levy of wealth-tax on the net wealth on the corresponding valuation date of every individual, huf ..... 27 of 1957) ('the act'), on the file of the first wealth-tax officer, hassan .....

Indian Agencies (Regd.), Bangalore Vs. Additional Commissioner of Comm ...

Court : Supreme Court of India

Reported in : JT2005(1)SC16; 2005(1)KLT327(SC); (2005)2SCC129; [2005]139STC329(SC)

..... tax (registration and turnover) rules, 1957 reads thus:'12(1) the declaration and the certificate referred to in sub-section 4 of section 8 shall be in forms c and d respectively:provided that form c in force before the commencement of the central sales tax (registration and turnover) (amendment) rules 1974, or before the commencement of the central sales tax (registration and turnover) (amendment) rules 1976, may also be used upto the ..... as sufficient compliance of the alternative requirement of rule 12 (2) and (3) of the central rules and rule 6(b)(ii) of the state rules for the levy of tax @ 4% under sub-section (1) read with sub-section (1) and (4) of section 8 of the central act.justification for the alternative proposition:(a) when lower rate of 4% tax would be admissible on production of additional duplicate of the c form with the prescribed endorsement recorded in red ink on ..... the course of inter-state trade or commerce -(a) sells to the government any goods; or(b) sells to a registered dealer other than the government goods of the description referred to in sub-section (3)shall be liable to pay tax under this act, with effect from such date as may be notified by the central government in the official gazette for the purpose which shall be two per cent, of his turnover or at the rate ..... , the question that arose in this case was whether under section 5(2)(a)(ii) of the bengal finance (sales tax) act, 1941, the furnishing of declaration forms issued by the purchasing dealers .....

F. S. Gandhi (Dead) by Lrs. Vs. Commissioner of Wealth Tax, Allahabad

Court : Supreme Court of India

Reported in : AIR1991SC1866; (1990)84CTR(SC)35; [1990]18ITR34(SC); JT1990(3)SC476; (1990)3SCC624; [1990]2SCR886

..... by the finance act, 1969 clause (e) of section 2 of the act was substituted by the following provision:(e)- 'assets' includes property of every description, movable or immovable, but dos not include-(1) in relation to the assessment year commencing on the 1st day of april, 1969 or any ..... the finance act, 1969, whereby clause (e) of section 2 of the act was substituted, was enacted by parliament ..... question relate to assessment years 1971-72 to 1974-75 the matter has to be considered in the light of the provisions contained in clause (e) of section 2 of the act as substituted by finance act, 1969. ..... construction placed by the high court in a case where an interest has been created for a period exceeding six years it would be included in the assets of the assessee under section 2(e) of the act only after the expiry of the period of six years even though the interest is available to the assessee for a period exceeding six years from the date the interest vests in the ..... section 2(e)(v) as amended in 1964 are identical with the provisions of section 2(e)(2)(iii), as substituted by the 1969 amendment ..... within one month before the prescribed authority under urban ceiling act, 1976 (act 33 of 76) if it had already not been filed who shall proceed to decide the same ..... these appeals, by certificate granted by the high court under section 29(1) of the wealth tax act, 1957, (hereinafter referred to as 'the act') are directed against the judgment of the high court of allahabad dated february 2, 1982 in .....

Shree Fats and Proteins Ltd. Vs. Union of India (Uoi) and ors.

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. .....

Binani Industries Ltd., Kerala Vs. Assistant Commissioner of Commercia ...

Court : Supreme Court of India

Reported in : JT2007(5)SC311; 2007(5)SCALE429; 2007(1)LC0515(SC); (2007)6VST783(SC); 2007AIRSCW3071; JT2007(5)SC311; 2007-08(6)VATToday128; 2007(2)KCCRSN81; 2007(4)AIRKarR295

..... explaining the salient features of the amendments effected to the provisions of karnataka sales tax act, 1957 by karnataka taxation laws (second amendment) act, 1996 at paras 16 and 17, the position of law relating to section 5c of the karnataka sales tax act, 1957 as amended by the said amendment act was stated to be as follows: ..... section (10) of section 35 of the income tax act was enacted by the finance act ..... that sub-section, insofar as it is necessary to state for the purpose of this case, provided that where in any of the assessment years 1948-49 to 1955-56, a rebate of income tax was allowed to a company under the finance act prevailing in that year on a part of its total income and subsequently the amount on which the rebate of income tax was allowed as aforesaid is availed of by the company, ..... in any case, or by reason of the fact that an appeal or other proceeding is pending before the appellate tribunal or the high court or the supreme court, shall be excluded:provided that nothing contained in this section limiting the time within which any action may be taken or any order, assessment or re-assessment may be made, shall apply to an assessment or re-assessment made on the assessee or any person in consequence of, or ..... in its assessment to income tax for the year 1952-53, the appellant, a company had been granted under the provisions of the finance act, 1952, a rebate on a portion of its profits of the previous year, that is, 1951 which it had not distributed as ..... act, 1976 .....

Engineering Analysis Centre Of Excellence Private Limited Vs. The Comm ...

Court : Supreme Court of India

..... royalty under the income tax act67 the insertion of sub-sections (v), (vi) and (vii) in section 9(1) of the income tax act, by way of an amendment through the finance act 1976,37 was to introduce source-based taxation for income in the hands of a non-resident by way of interest, royalty and fees for technical services. ..... equally, he submitted that the retrospective amendment to section 9(1)(vi) of the income tax act brought in by the finance act 2012, which added explanation 4 to the provision and expanded its ambit with effect from 01.06.1976, could also not be applied to the dtaa in question.14. ..... quite obviously, such a circular cannot apply as it would then be explanatory of a position that existed even before section 9(1)(vi) was 111 actually inserted in the income tax act vide the finance act 1976. ..... it is not even the case of the revenue that any right contemplated under section 14 of the copyright act, 1957 stood vested in this cellular operator as a consequence of article 20 of the supply contract. ..... 103 service fees received by the non-resident assessee (relatable to the assessment year 1957-1958) could only be deemed to accrue in india if such income could be attributed to a business connection in india. ..... pointing to the provisions of the copyright act, 1957 [ copyright act ]. ..... we must look into the meaning of the word copyright as given in the copyright act, 1957. ..... the copyright act, 1957 33. .....

The Commissioner of Income Tax, Gujarat Ii, Ahmedabad Vs. Shri R.M. Am ...

Court : Supreme Court of India

Reported in : AIR1977SC999; [1977]106ITR368(SC); (1977)1SCC691; [1977]2SCR220; 1977(9)LC31(SC)

..... the tax on capital gains was virtually abolished by the indian finance act, 1949 which confined the operation of section 12b to capital gains arising before april 1, 1948. ..... in the case of indian companies and the other companies falling within the definition of company, as given in section 2(17) of the act of 1961, the legislature has made express provision in sub-section (2) of section 46 of the act that where a shareholder on the liquidiation of a company received any money or other assets from the company, he shall be chargeable to income-tax under the head 'capital gains' in respect of the money so received or the market value ..... on appeal before the appellate assistant commissioner reference was made on be half of the assessee to the definition of the word 'transfer' in section 2(47) of the act of 1961, according to which transfer in relation to a capital asset includes the sale, exchange or relinquishment of the asset or the extinguishment of any rights therein or the compulsory acquisition thereof under any ..... the question as to whether the distribution of assets of a company which has gone into voluntary liquidation to its shareholder would amount to sale, exchange, relinquishment or transfer within the meaning of section 12b of the act of 1922 as amended in 1956 was considered by this court in the case of commissioner of income-tax madras v. ..... gains tax was, however, revived with effect from april 1, 1957 by the finance (no. ..... taxed capital gains arising after march 31, 1976. .....

D.P. Wool Company Vs. Union of India Etc.

Court : Delhi

Reported in : ILR1979Delhi27; [1979]44STC447(Delhi)

..... (4) the parliament thereupon enacted the delhi sales-tax (amendment & validation) act, 1976, section 3 of which is as follows : 'validation(1) subject to the provisions of sub-section (2) each of the sales-tax extension notifications shall, for the purposes (including the levy, assessment and collection of taxes under the principal act and the purposes of section 73 of the delhi sales-tax act, 1975) (43 of 1975) be deemed to have been, and to be, a law enacted by the parliament which took effect on the date on which such ..... (2) section 6(2) prior to its amendment in 1957 was valid according to both the ..... 35 the effect of reading section 6(2) of the bengal finance (sales-tax) act, 1941, section 73 of the delhi sales-tax act, 1975 and section 3 of the validation act, 1976, in the light of the decision of the supreme court may be stated as follows: (1) in respect of any rights, titles or liabilities which have to be dealt with under the bengal finane (sales-tax) act, 1941, the effect of section 6 of the general clauses act is fully preserved by section 73 of the delhi sales-tax act, 1975. ..... but by notification dated 7-12-1957 the government amended section 6(2) and omitted the words 'not less than three months notice' and substituted in, their place the words 'such previous as it considered reasonable ..... the two reasons why the amendment of 1957 was invalid were that only the initial adaptation could be made by the government and the amendment was beyond the power of the government .....

Gurcharan Singh and ors. Vs. Shri V.K. Kaushal

Court : Supreme Court of India

Reported in : AIR1980SC1866; (1980)4SCC244; [1981]1SCR490

..... the words 'this act' refer to the principal act in which sub-section 3(2) is inserted by virtue of the amendment, and that act, by virtue of section 2(2) as amended, must be deemed to have come into force on 26th january ..... point raised is that in clause (c) of the proviso to section 3(2) of the cantonments (extension of rent control laws) act, 1957, which speaks of 'the commencement of this act', the words 'this act' refer to the cantonments (extension of rent control laws) amendment act, 1972, which commenced to operate from 2nd june, 1972. ..... although broadly the power envisaged in section 3 of the amended cantonments (extension of rent control laws) act, 1957 is a power of extension even as it was under the unamended act, there is a vital qualitative difference between ..... that the issue of the notification of 24th january, 1974 amounted to a further exercise of power conferred by section 3 of the cantonments (extension of rent control laws) act, 1957, under which the earlier notification was issued is without force and must be rejected.13. ..... a case where this court held that a notification under section 2 part c states (laws) act, 1950 having been issued in 1951 by the central government extending the bengal finance (sales-tax) act, 1941 to the state of delhi, the power given by section 2 exhausted itself on the extension of the enactment and could not be exercised again to enable the issue of a fresh notification modifying the terms in which the bengal act was extended. ..... [1976]2scr785 .....

National Assn. of Motion Pictures Exhibitors, Delhi Vs. Union of India ...

Court : Delhi

Reported in : ILR1983Delhi691

..... section 6(2) of the bengal finance act had provided that the state government after giving by notification in the official gazette not less than 3 months notice of its intention to do so may omit or amend ..... on december 7, 1957 the central government purported to make an amendment in the notification issued in 1951 by which the bengal finance sales tax act had been extended by pureorting to modify sub-section 2 of section 6 by adding clause (aa) substituting for the words 'not less than 3 months' the words 'such previous notice ..... licensee cannot increase the rates for admission to the cinematograph exhibition without first getting the written approval of the licensing authority as required by section 7a of the punjab act; (v) that if the licensee increases the rate of admission without the approval obtained under section 7a (2) punjab act he will be contravening the provisions of section 7a and action to suspend or revoke the license can be validly taken under rule 8 of the delhi cinematograph rules; (vi) that before ..... : [1976]1scr552 wherein it was observed : 'we are, thereforee, of opinion that the correct view is that notwithstanding the subordinate legislation being laid on the table of the house of parliament or the state legislature and being subject to such modification, annulment or amendment as they may make, the subordinate legislation cannot be said to be valid unless it is within the scope of the rule making ..... of india : [1976]2scr785 but that authority ..... , : [1976]2scr785 . .....