Array ( [0] => (appeal under section 83 of chapter v of finance act, 1994 read with section 35g of the central excise act, 1944 against the order of the first respondent made in final order no.274 of 2012 dated 20.3.2012 confirming the order of the second respondent made in order ..... assessee had not complied with the order of this court, the appeal was liable to be dismissed for non compliance of the provisions of section 35 of the central excise act. aggrieved by this the present appeal. 2. learned senior counsel for the appellant pointed out that after the dismissal of the writ petition, the assessee moved the tribunal for modification ..... [1] => ..... petitions have been filed by different concerns, the first respondent in all the above writ petitions being the union of india, represented by its secretary, ministry of finance, department of revenue, new delhi and the second respondent in w.p. no. 10747 of 1990 is the superintendent of central excise, sivakasi, the second ..... a sudden is not only arbitrary, discriminatory in nature but also violative of the rules of promissory estoppel; that while all the goods falling under chapter 28 have been exempted, only the exemption granted to potassium chlorate has been withdrawn from the subsidy thereby jeopardising the petitioners and crippling their industrial activity ..... submit that it is a partnership firm and a licensee under the central excise and salt act (hereinafter referred to as the 'act') for the purpose of manufacture of potassium chlorate, which is an excisable item under chapter 28 of the central excise tariff and they obtained small scale industries certificate from the department ..... [2] => ..... be uniform. section 87 provides for remission in cases where a building ordinarily let out falls vacant. schedule iv taxation and finance rules in terms of section 124 has to be read as part of chapter 6 of the act. schedule iv, part i taxation rules, rules 6 to 10 provides for the levy of assessment of property tax, procedure ..... objections specifically and effectively. it is, therefore, clear that the special notices should give reasons for enhancement. the above decision in dalavai v. government of tamil nadu : (1978)1mlj93 was approved by the division bench of this court by its judgment in writ appeal no. 222 of 1989 dated 15.3.1989. the division bench of this court ..... somasundaram and 2 ors. w.a. no. 222 of 1989 dated 15.3.1989, while approving the principles laid down in dalavai v. government of tamil nadu : (1978)1mlj93 , has held as follows:the limited point taken is that the revision notices issued by the appellant, do not comply with the requirements of the relevant rules, because ..... [3] => ..... and that. therefore the suit is maintainable. in support of his contention tic refers to the provisions of ss. 2(l), 2(13), 119, 120, sch. i to the act and r. 2 of the notification no. 40 (chapter iv-taxation and finance). regarding the maintainability of the suit, learned counsel for the respondent refers to the provisions of s. 174 of the ..... right to file a suit is apart from and in addition to the right of appeal provided for by schedule iv of the act.'the rulings reported in r. p. board, rosala patti v. h. n. etc. sabha 1978 tlr 1732, subbaraya mudaliar v suramangalam panchayat : (1970)2mlj546 , and salem municipal council v. subramanian, : (1958)1mlj217 , are referred to by the learned ..... [4] => ..... has challenged the validity of that demand in this writ petition on various grounds.3. it is contended that chapter xxii-a dealing with annuity deposit was inserted in the income-tax act, 1961, by section 44 of the finance act of 1964 with effect from 1st april, 1964, that under the said scheme of annuity deposit the taxpayers have ..... deposit as provided in the scheme. it is further contended that by section 32 of the finance act of 1966, sections 280k, 280r and 280t and the words '(including annuity deposit referred to in chapter xxii-a)' in section 156 of the income-tax act, 1961, had been omitted with effect from april 1, 1967, and that as a result ..... and 280t from the income-tax act, 1961, by the finance act of 1966, the scheme of annuity deposit introduced by section 44 of the finance act of 1964 has been explained by the supreme court in hari krishna bhargav v. union of india, : [1966]59itr243(sc) as follows:'broadly stated, the scheme of chapter xxii-a is that certain classes of ..... [5] => ..... purpose of the business other than the capital expenditure or personal expenditure is allowable as business expenditure. sub-section 3a of section 37 of the income-tax act was inserted by finance act, 1983 with effect from 1.4.1984 and under section 37(3a), any expenditure incurred on advertisement, publicity and sales promotion would be allowable subject ..... expenditure falling within the scope and ambit of section 37(3a) read with section 37(3b) of the income-tax act. the central board of direct taxes in circular no. 240 dated 17.5.1978 has realised the position and issued the circular stating that the provision would not apply to the expenditure incurred by the tax ..... as business expenditure. he submitted that the central board of direct taxes has issued the circular no. 240, dated 17.5.1978 explaining that the provision of section 37(3a) of the income-tax act would not apply in relation to an expenditure incurred for publication in any newspaper of any notice required to be published by ..... [6] => ..... not find any substance in the said submission.87. the contention comparing section 40(a)(ia) with the proviso to section 40a(3)(b) of the act as introduced through finance act, 2007, can have no relevance, in as much as in the first place, the two substantive provisions are not comparable at all. while the purport ..... article 14 besides operating as an unreasonable restriction of article 19(1)(g) of the constitution.7. the learned senior counsel pointed out that under chapter xvii-b of the act, there are other provisions for recovery of the tds failed to be recovered as contemplated under section 194c with penalty, nevertheless, section 40(a ..... provision, in the light of the fact that very many provisions by way of imposition of penalty, interest and prosecution has been provided, under the recovery chapter viz., chapter xvii, the addition of section 40(a)(ia) disallowing the whole of the actual expenditure is highly onerous and thereby it becomes arbitrary, unreasonable warranting declaration ..... [7] => ..... had been made for the assessment years 1977-78 and 1978-79. the tribunal having agreed with the commissioner this reference is made at the instance of the revenue.3. the tribunal as also the commissioner have completely missed the effect of the change in the law brought about by the finance act, 1983, which provided that no deduction under section 35b shall ..... d. i. t. relief admissible to the assessee on the income derived from the foreign branch at bangkok without reducing the deduction allowable under section 35b of the income-tax act, 1961 ?'. the assessment year is 1984-85.2. the assessee is a bank which has a branch at bangkok, the income from which is eligible for double taxation relief. its ..... [8] => ..... of the act, and therefore, the provisions contained in chapter vi-a of the act should also be taken into consideration in determining the undisclosed income of the block period. it is true that the appellate tribunal decided the matter on the basis of law then existing. the amendment came into force only by the finance act, 2002, ..... that total income or loss as computed without giving set off of brought forward loss under chapter vi or unabsorbed depreciation under sub-section (2) of section 32. there is no mention about deduction under section 80hhc of the act. the assessment that is made with regard to undisclosed income is not the same as regular ..... -b would have the benefit of chapter vi.a deductions, which includes section 80hhc. in the case of anbu textiles v. assistant commissioner of income-tax : [2003]262itr684(mad) , this court considered the amended provision and held as follows:-it is clear that section 158bb of the act was amended with full retrospective effect, from july ..... [9] => ..... . 45. as rightly pointed out by the petitioner, a reading of the assessment orders for the above-said years shows that the deduction claimed under chapter vi a was examined with reference to the certificates of the chartered accountant and the submission made in that regard. so too the claim under section 115jb ..... the decisions reported in [1977] 110 itr 164 (additional commissioner of income tax vs. southern structurals limited), [2006] 286 itr 674 (commissioner of income tax vs. elgi finance limited), [1974] 93 itr 548 (bom) (commissioner of income tax, poona vs hindustan antibiotics ltd., and [2010] 322 itr 631 (delhi) (commissioner of income tax ..... infirmity and hence, the proceedings are liable to be quashed. 16. learned senior counsel appearing for the petitioner made detailed submissions on section 147 of the act, in particular, with reference to the assessments made based on the materials produced and verified by the assessing officer. making particular reference to the proceedings ..... [10] => ..... telephone nigam ltd. v. chairman, cbdt : [2000]246itr173(delhi) . in that case it was held that having regard to the changes brought about in section 143(1)(a) by the finance act, 1997, the words 'intimation' and 'assessment' denote two different concepts. it was noticed that under section 143(1)(a) no opportunity of being heard is given to the assessee. it ..... referred to sections 140, 153, 199 and 219 as also to section 143 itself and submitted that section 143 is seen to be found in the chapter dealing with the procedure for assessment and that chapter itself is captioned as 'assessment'. while section 153 refers to the orders of assessment made, inter alia, under section 143, section 199 refers to credit for ..... [11] => ..... section (5) of section 139, whichever is later and the periods of limitation are varied by insertion through finance act, 2006 with effect from 1.6.2006 and finance act, 2007 with effect from 1.6.2007. however, section 153(3) of the act exempts the said period of limitation in certain cases where the assessment, reassessment or recomputation is made as ..... as follows:section: 55a. reference to valuation officer.-with a view to ascertaining the fair market value of a capital asset for the purposes of this chapter, the assessing officer may refer the valuation of capital asset to a valuation officer(a) in a case where the value of the asset as claimed by ..... reference to the capital gain.(iii) the other aspect is covered under section 50c of the act which is a special provision relating to the value of consideration inserted by the finance act, 2002 with effect from 1.4.2003. section 50c of the act is as follows:section: 50c. special provision for full value of consideration in certain cases.(1 ..... [12] => ..... total income for the year was only rs. 16,149. he claimed one-fifth of rs. 31,006 as earned income relief in accordance with section 2(2) of the finance act of 1950. but the revenue allowed the relief only to the extent of one-fifth of rs. 16,149. the court held that the earned income relief to which the ..... total income of an assessee' and 'gross total income' has been defined under section 80b(5) as the total income computed in accordance with the provisions of the act, before making any deduction under chapter 6a. 'total income' has been defined under section 2(45) as the total amount of income referred to in section 5, computed in the manner laid down ..... in the act. it is in the light of these definitions section 80j has to be construed. if so construed, section 80j provides for a deduction of an amount not ..... [13] => ..... extent of the provisions of the sica, at paragraph 10, the apex court summarised as follows:10. on a fair reading of the provisions contained in chapter iii of act 1 of 1986 and in particular sections 15 to 22, we are of the opinion that the plea put forward by the revenue is reasonable and fair ..... , or the company is wound up it may indeed become difficult later to restore the status quo ante. therefore, in our view, the high court of allahabad in industrial finance corporation v. maharashtra steels ltd. [1990] 67 comp cas 412, the high court of andhra pradesh in sponge iron india ltd. v. neelima steels ltd. [1990] ..... initiate coercive action for recovery.37. heard the learned counsel appearing for the parties and perused the materials available on record.38. sick industrial companies (special provisions) act, 1989 is an enactment made in the public interest, containing special provisions with a view to secure the timely detection of sick and potentially sick companies owning industrial ..... [14] => ..... tariff rate is being fixed by the said authority, the state electricity regulatory commission in exercise of powers conferred under chapter v of the act and in particular section 22. section 22 of the act confers power on the state commission to determine the tariff for electricity consumed. it is admitted that the state commission ..... favour of the respondents.point - iv : whether the levy of tax on maximum demand charges is valid and enforceable ?32. section 79 of the electricity act, 1948, confers power to make regulations to provide for matters specified therein, inter alia, the matters specified include the principles governing the supply of electricity by ..... 15. in swaroop vegetables products industries vs . state of u.p. and others reported in : [1983]3scr666 , in respect of u.p. electricity (duty) act, 1952, where the charging section is inparimateria to the present charging section, a full bench of the supreme court sustained the constitutional validity of levy of electricity duty in ..... ) Finance Act 1978 Chapter Iii Direct Taxes - Court Chennai - Page 8 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: finance act 1978 chapter iii direct taxes Court: chennai Page 8 of about 941 results (0.170 seconds)

Nov 06 2012 (HC)

M/S. Logos Constructions Pvt.Ltd., Rep. by Its Managing Director Vs. t ...

Court : Chennai

(appeal under section 83 of chapter v of finance act, 1994 read with section 35g of the central excise act, 1944 against the order of the first respondent made in final order no.274 of 2012 dated 20.3.2012 confirming the order of the second respondent made in order ..... assessee had not complied with the order of this court, the appeal was liable to be dismissed for non compliance of the provisions of section 35 of the central excise act. aggrieved by this the present appeal. 2. learned senior counsel for the appellant pointed out that after the dismissal of the writ petition, the assessee moved the tribunal for modification .....

Tag this Judgment!
Mar 30 2000 (HC)

Super Chemicals Vs. Union of India (Uoi)

Court : Chennai

Reported in : 2000(121)ELT298(Mad)

..... petitions have been filed by different concerns, the first respondent in all the above writ petitions being the union of india, represented by its secretary, ministry of finance, department of revenue, new delhi and the second respondent in w.p. no. 10747 of 1990 is the superintendent of central excise, sivakasi, the second ..... a sudden is not only arbitrary, discriminatory in nature but also violative of the rules of promissory estoppel; that while all the goods falling under chapter 28 have been exempted, only the exemption granted to potassium chlorate has been withdrawn from the subsidy thereby jeopardising the petitioners and crippling their industrial activity ..... submit that it is a partnership firm and a licensee under the central excise and salt act (hereinafter referred to as the 'act') for the purpose of manufacture of potassium chlorate, which is an excisable item under chapter 28 of the central excise tariff and they obtained small scale industries certificate from the department .....

Tag this Judgment!
Sep 21 1994 (HC)

Dindigul Anna District Tax Payers Sangam Represented by Its President, ...

Court : Chennai

Reported in : (1995)2MLJ43

..... be uniform. section 87 provides for remission in cases where a building ordinarily let out falls vacant. schedule iv taxation and finance rules in terms of section 124 has to be read as part of chapter 6 of the act. schedule iv, part i taxation rules, rules 6 to 10 provides for the levy of assessment of property tax, procedure ..... objections specifically and effectively. it is, therefore, clear that the special notices should give reasons for enhancement. the above decision in dalavai v. government of tamil nadu : (1978)1mlj93 was approved by the division bench of this court by its judgment in writ appeal no. 222 of 1989 dated 15.3.1989. the division bench of this court ..... somasundaram and 2 ors. w.a. no. 222 of 1989 dated 15.3.1989, while approving the principles laid down in dalavai v. government of tamil nadu : (1978)1mlj93 , has held as follows:the limited point taken is that the revision notices issued by the appellant, do not comply with the requirements of the relevant rules, because .....

Tag this Judgment!
Sep 09 1983 (HC)

Koothanallur Town Panchayat Board Vs. Mariam Beevi Ammal

Court : Chennai

Reported in : AIR1985Mad50

..... and that. therefore the suit is maintainable. in support of his contention tic refers to the provisions of ss. 2(l), 2(13), 119, 120, sch. i to the act and r. 2 of the notification no. 40 (chapter iv-taxation and finance). regarding the maintainability of the suit, learned counsel for the respondent refers to the provisions of s. 174 of the ..... right to file a suit is apart from and in addition to the right of appeal provided for by schedule iv of the act.'the rulings reported in r. p. board, rosala patti v. h. n. etc. sabha 1978 tlr 1732, subbaraya mudaliar v suramangalam panchayat : (1970)2mlj546 , and salem municipal council v. subramanian, : (1958)1mlj217 , are referred to by the learned .....

Tag this Judgment!
Dec 05 1972 (HC)

J.K.K. Angappan Vs. Income-tax Officer

Court : Chennai

Reported in : [1974]94ITR397(Mad)

..... has challenged the validity of that demand in this writ petition on various grounds.3. it is contended that chapter xxii-a dealing with annuity deposit was inserted in the income-tax act, 1961, by section 44 of the finance act of 1964 with effect from 1st april, 1964, that under the said scheme of annuity deposit the taxpayers have ..... deposit as provided in the scheme. it is further contended that by section 32 of the finance act of 1966, sections 280k, 280r and 280t and the words '(including annuity deposit referred to in chapter xxii-a)' in section 156 of the income-tax act, 1961, had been omitted with effect from april 1, 1967, and that as a result ..... and 280t from the income-tax act, 1961, by the finance act of 1966, the scheme of annuity deposit introduced by section 44 of the finance act of 1964 has been explained by the supreme court in hari krishna bhargav v. union of india, : [1966]59itr243(sc) as follows:'broadly stated, the scheme of chapter xxii-a is that certain classes of .....

Tag this Judgment!
Nov 25 2002 (HC)

The Commissioner of Income-tax Vs. Investment Trust of India Ltd.

Court : Chennai

Reported in : (2003)182CTR(Mad)70; [2003]264ITR506(Mad)

..... purpose of the business other than the capital expenditure or personal expenditure is allowable as business expenditure. sub-section 3a of section 37 of the income-tax act was inserted by finance act, 1983 with effect from 1.4.1984 and under section 37(3a), any expenditure incurred on advertisement, publicity and sales promotion would be allowable subject ..... expenditure falling within the scope and ambit of section 37(3a) read with section 37(3b) of the income-tax act. the central board of direct taxes in circular no. 240 dated 17.5.1978 has realised the position and issued the circular stating that the provision would not apply to the expenditure incurred by the tax ..... as business expenditure. he submitted that the central board of direct taxes has issued the circular no. 240, dated 17.5.1978 explaining that the provision of section 37(3a) of the income-tax act would not apply in relation to an expenditure incurred for publication in any newspaper of any notice required to be published by .....

Tag this Judgment!
Sep 29 2009 (HC)

Tube Investments of India Limited Represented by Its Vice President, T ...

Court : Chennai

Reported in : (2009)226CTR(Mad)313; [2009]185TAXMAN438(Mad)

..... not find any substance in the said submission.87. the contention comparing section 40(a)(ia) with the proviso to section 40a(3)(b) of the act as introduced through finance act, 2007, can have no relevance, in as much as in the first place, the two substantive provisions are not comparable at all. while the purport ..... article 14 besides operating as an unreasonable restriction of article 19(1)(g) of the constitution.7. the learned senior counsel pointed out that under chapter xvii-b of the act, there are other provisions for recovery of the tds failed to be recovered as contemplated under section 194c with penalty, nevertheless, section 40(a ..... provision, in the light of the fact that very many provisions by way of imposition of penalty, interest and prosecution has been provided, under the recovery chapter viz., chapter xvii, the addition of section 40(a)(ia) disallowing the whole of the actual expenditure is highly onerous and thereby it becomes arbitrary, unreasonable warranting declaration .....

Tag this Judgment!
Aug 27 2002 (HC)

Commissioner of Income-tax Vs. Bharat Overseas Bank Ltd.

Court : Chennai

Reported in : [2002]2002ITR573(Mad)

..... had been made for the assessment years 1977-78 and 1978-79. the tribunal having agreed with the commissioner this reference is made at the instance of the revenue.3. the tribunal as also the commissioner have completely missed the effect of the change in the law brought about by the finance act, 1983, which provided that no deduction under section 35b shall ..... d. i. t. relief admissible to the assessee on the income derived from the foreign branch at bangkok without reducing the deduction allowable under section 35b of the income-tax act, 1961 ?'. the assessment year is 1984-85.2. the assessee is a bank which has a branch at bangkok, the income from which is eligible for double taxation relief. its .....

Tag this Judgment!
Mar 20 2006 (HC)

Eastern Produce Co. Vs. the Income-tax Officer

Court : Chennai

Reported in : (2006)204CTR(Mad)104; [2006]286ITR353(Mad)

..... of the act, and therefore, the provisions contained in chapter vi-a of the act should also be taken into consideration in determining the undisclosed income of the block period. it is true that the appellate tribunal decided the matter on the basis of law then existing. the amendment came into force only by the finance act, 2002, ..... that total income or loss as computed without giving set off of brought forward loss under chapter vi or unabsorbed depreciation under sub-section (2) of section 32. there is no mention about deduction under section 80hhc of the act. the assessment that is made with regard to undisclosed income is not the same as regular ..... -b would have the benefit of chapter vi.a deductions, which includes section 80hhc. in the case of anbu textiles v. assistant commissioner of income-tax : [2003]262itr684(mad) , this court considered the amended provision and held as follows:-it is clear that section 158bb of the act was amended with full retrospective effect, from july .....

Tag this Judgment!
Dec 19 2011 (HC)

M/S.Sterilite Industries (India) Ltd. Vs. Assistant Commissioner of In ...

Court : Chennai

..... . 45. as rightly pointed out by the petitioner, a reading of the assessment orders for the above-said years shows that the deduction claimed under chapter vi a was examined with reference to the certificates of the chartered accountant and the submission made in that regard. so too the claim under section 115jb ..... the decisions reported in [1977] 110 itr 164 (additional commissioner of income tax vs. southern structurals limited), [2006] 286 itr 674 (commissioner of income tax vs. elgi finance limited), [1974] 93 itr 548 (bom) (commissioner of income tax, poona vs hindustan antibiotics ltd., and [2010] 322 itr 631 (delhi) (commissioner of income tax ..... infirmity and hence, the proceedings are liable to be quashed. 16. learned senior counsel appearing for the petitioner made detailed submissions on section 147 of the act, in particular, with reference to the assessments made based on the materials produced and verified by the assessing officer. making particular reference to the proceedings .....

Tag this Judgment!




Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //