Judgment Search Results Home > Cases Phrase: finance act 1978 chapter iii direct taxes Court: delhi Page 1 of about 2,077 results (0.188 seconds)

Mentha and Allied Products Pvt. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1992)43ITD33(Delhi)

..... the purpose of finding out the profit and, therefore, the income must be said to belong only to the industrial undertaking. he further held that, by the finance act of 1990, an amendment was brought in treating the receipts both of cash compensatory support and of sale of import licences, retrospectively as profits and gains of ..... make only those profits eligible for appropriate relief which are derived from the industrial undertaking. on this aspect, it would be worthwhile to note that, by the finance act, 1990, both the receipts are retrospectively sought to be treated as profits and gains of business, and that is why appropriate amendments are made not only in ..... the retrospective amendments of various sections in chapter via, it appears to me that such controversy need not be gone into. even, in the circular issued by the central board of direct taxes, when-section 80hha had been inserted by the finance (no. 2) act, 1977, with effect from april 1, 1978, in paragraph 20 of the circular, .....

Moser Baer India Ltd. Vs. the Additional Commissioner of Income Tax an ...

Court : Delhi

Reported in : (2009)221CTR(Del)97; [2009]316ITR1(Delhi); [2009]176TAXMAN473(Delhi)

..... territory.6.5 with the enactment of income tax act, 1961 a somewhat similar provision was inserted by way of section 92. by finance act, 2001 w.e.f. 1.4.2002 section 92 was substituted by sections 92 to 92f; provisions which are contained in chapter x of the act. the scope and effect of the new set of ..... given case. the expression of 'civil consequences' has been best explained by our supreme court in the case of mohinder singh gill v. the chief election commission : [1978]2scr272 . the supreme court has observed that civil consequences involve infraction of not only property and personal rights, but also, actions which impinge on civil liberty of an individual ..... myriad complexities which arise in determination of alp. in this regard, the learned senior counsel placed reliance on the judgment of the supreme court in travancore rayons v. uoi: : 1978(2)elt378(sc) , and the judgment of kerala high court in indian transformers ltd v. assstt. collector and anr. (1983) e.l.t. 2293.4.7 similarly .....

Yfc Projects P.Ltd. Vs. Uoi

Court : Delhi

..... (39a), section 65(105)(zzq) read with section 65 (25b), section 65(105)(zzzh) read with section 65(30a) and section 65(91a) of chapter v of the finance act, 1994 as much as levying the service tax on the works contract and ready-mix concrete (rmc) as unconstitutional and also quashing of clarification given through instruction ..... by declaring that works contract of the petitioner were not subject to tax prior to the enactment of the finance act, 2007 as levied on works contract services under section 65(105)(zzzza) of chapter v of the finance act, 1994; b) issue a writ of certiorari/mandamus or any other appropriate writ/order/direction against the respondent ..... services ) under sub-clause (zzq) of clause (105) read with clause (25b) of section 65 of chapter v of the finance act, 1994. to enlarge the scope of this taxable service, aforesaid provisions were amended by the finance act, 2005, w.e.f. 16.06.2005 to include completion and finishing services and construction of pipeline under the .....

Vistar Constructions (P) Ltd Vs. Uoi

Court : Delhi

..... (39a), section 65(105)(zzq) read with section 65 (25b), section 65(105)(zzzh) read with section 65(30a) and section 65(91a) of chapter v of the finance act, 1994 as much as levying the service tax on the works contract and ready-mix concrete (rmc) as unconstitutional and also quashing of clarification given through instruction ..... by declaring that works contract of the petitioner were not subject to tax prior to the enactment of the finance act, 2007 as levied on works contract services under section 65(105)(zzzza) of chapter v of the finance act, 1994; b) issue a writ of certiorari/mandamus or any other appropriate writ/order/direction against the respondent ..... services ) under sub-clause (zzq) of clause (105) read with clause (25b) of section 65 of chapter v of the finance act, 1994. to enlarge the scope of this taxable service, aforesaid provisions were amended by the finance act, 2005, w.e.f. 16.06.2005 to include completion and finishing services and construction of pipeline under the .....

G.D.Buildtech P.Ltd. Vs. Uoi

Court : Delhi

..... (39a), section 65(105)(zzq) read with section 65 (25b), section 65(105)(zzzh) read with section 65(30a) and section 65(91a) of chapter v of the finance act, 1994 as much as levying the service tax on the works contract and ready-mix concrete (rmc) as unconstitutional and also quashing of clarification given through instruction ..... by declaring that works contract of the petitioner were not subject to tax prior to the enactment of the finance act, 2007 as levied on works contract services under section 65(105)(zzzza) of chapter v of the finance act, 1994; b) issue a writ of certiorari/mandamus or any other appropriate writ/order/direction against the respondent ..... services ) under sub-clause (zzq) of clause (105) read with clause (25b) of section 65 of chapter v of the finance act, 1994. to enlarge the scope of this taxable service, aforesaid provisions were amended by the finance act, 2005, w.e.f. 16.06.2005 to include completion and finishing services and construction of pipeline under the .....

Skyline Engineering Contracts (India)(P) Ltd Vs. Uoi and ors

Court : Delhi

..... (39a), section 65(105)(zzq) read with section 65 (25b), section 65(105)(zzzh) read with section 65(30a) and section 65(91a) of chapter v of the finance act, 1994 as much as levying the service tax on the works contract and ready-mix concrete (rmc) as unconstitutional and also quashing of clarification given through instruction ..... by declaring that works contract of the petitioner were not subject to tax prior to the enactment of the finance act, 2007 as levied on works contract services under section 65(105)(zzzza) of chapter v of the finance act, 1994; b) issue a writ of certiorari/mandamus or any other appropriate writ/order/direction against the respondent ..... services ) under sub-clause (zzq) of clause (105) read with clause (25b) of section 65 of chapter v of the finance act, 1994. to enlarge the scope of this taxable service, aforesaid provisions were amended by the finance act, 2005, w.e.f. 16.06.2005 to include completion and finishing services and construction of pipeline under the .....

income-tax Officer Vs. Kalima Plastics (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1990)35ITD211(Delhi)

..... . we have considered the submissions made on behalf of the parties and have gone through the record of the case. clause (c) of section 2(7) of the finance act, 1982 defines "industrial company as a company which is mainly engaged in the business of generation of distribution of electricity or any other form or power or in the construction ..... 1982-83, the income from the manufacturing activity was less than 51% of the total income and, therefore, in view of the explanation to section 2(7) of the finance act, 1982, the assessee-company cannot be held to be an industrial company and, therefore, in this case concessional rate of tax at 55% was not applicable.6. the learned ..... income attributable to any one or more of the aforesaid activities included in its total income of the previous year (as computed before making any deduction under chapter xvi-a of the income-tax act) is not less than 51% of such total income.8. according to the board's circular no. 103 dated 17-2-1973 an industrial company .....

Modi Rubber Ltd. Vs. Union of India and Others

Court : Delhi

Reported in : 1984(2)ECC30; 1983(12)ELT24(Del)

..... sought to be remedied by the legislation and the object and purpose for which the legislation was enacted. the real object and purpose of section 37 of the finance act, 1978 was to collect additional revenue by not increasing duties of excise but by the imposition of special duty. it is, thereforee, logical that the exemption notifications ..... of the rules or later. the legislature can provide for future eventualities such as imposition of 'additional' or 'auxiliary' duty in addition to the basic duty. chapter viib of the rules provides for payment of duty on excisable goods in certain cases. rule 173 r.m. says that the additional duty under section 3 of ..... the additional duties of excise (goods of special importance) act, 1957 are to be determined and paid in accordance with the provisions of that chapter, as if for the word 'duty' the words 'additional duty' were substituted. the special act may provide a similar procedure for collection of the additional duties. we may .....

Future Link India vs.the Commissioner of Central Excise, Delhi Ii

Court : Delhi

..... admit.1. the following question of law arises for consideration: did the cestat and the authorities below fall into error in holding that penalty under section 78 of the finance act, 1994 ( the act ) imposed was justified and appropriate?. 2. issue notice of appeal. sh. sanjeev narula, sr. standing counsel accepts notice. with the consent of counsel, the appeal ..... it appears to have deposited `28 lakhs. these facts are not in dispute. what the assessee did, however, was to contest its liability under section 78 of the finance act, 1994, which enjoins a mandatory penalty of 100% of the tax demanded. it, however, did not succeed on this score. both the commissioner (service tax) and ..... (a) fraud: or (b) collusion; or (c) wilful mis-statement; or (d) suppression of facts; or (e) contravention of any of the provisions of this chapter or of the rules made there under with the intent to evade payment of service tax, the person, liable to pay such service tax or erroneous refunds, as determined under .....

Sony India (P.) Ltd. Vs. Central Board of Direct Taxes and anr.

Court : Delhi

Reported in : (2006)206CTR(Del)157; [2007]288ITR52(Delhi)

..... cams, play stations and projectors etc. for sale in india.3. the finance act, 2001 substituted the earlier section 92 of the income tax act 1961 ('act') with sections 92 to 92f with effect from 1.4.2002. these provisions are found in chapter x of the act titled 'special provisions relating to avoidance of tax'. the sub-heading reads ..... 'computation of income from international transactions having regard to arm's length price.' a fairly detailed scheme for computing the arm's length price (alp) of international transactions is set out in these provisions. the finance act, 2002 ..... . in our view, the classification is not inconsistent with or contrary to the objective sought to be achieved by the provisions of chapter x of the act. the impugned instruction serves to supplement the statutory provisions to achieve the objective and not override them.32. the impugned instruction does .....