Judgment Search Results Home > Cases Phrase: finance act 1978 chapter iii direct taxes Court: kerala Page 1 of about 436 results (0.051 seconds)

Commissioner of Income-tax Vs. Mathew M. Thomas and ors.

Court : Kerala

Reported in : [1993]201ITR494(Ker)

..... notice under section 269d, the proceedings will be dropped if the apparent consideration of the immovable property is below rs. 5 lakhs.' 4. the provisions of chapter xx-c of the income-tax act introduced by the finance act of 1986, with effect from october 1, 1986, has been explained in another circular dated july 9, 1986. the explanatory note is seen reported in ..... tax due. under section 269d(1), a preliminary notice was served on the assessees on june 26, 1978. the valuation report was submitted by the officer on february 14, 1979. the competent authority passed an order after hearing objections under section 269f of the act on march 31, 1981. aggrieved by the same, the respondents-assessees filed an appeal before the appellate .....

Kerala State Industrial Development Corporation Ltd. Vs. Commissioner ...

Court : Kerala

Reported in : [1989]180ITR323(Ker)

..... same also. this was so said on the basis that the only specification made was that the deduction should be computed before making any deduction under chapter vi-a of the act. on appeal by the assessee, the income-tax appellate tribunal upheld the said order passed by the commissioner of income-tax in revision. thereafter, ..... the income referred to in section 28 ... (viii) in respect of any special reserve created by a financial corporation which is engaged in providing long-term finance for industrial or agricultural development in india, an amount not exceeding-(a) in the case of a financial corporation or a joint financial corporation established under the ..... . the patna and madhya pradesh high courts have held that the statutory deduction under section 36(1)(viii) of the income-tax act, 1961, available to certain financial corporations providing long-term finance is to be calculated on the total income before deduction of the amount allowable under section 36(1)(viii). it has been held .....

P.P. Ummerkutty Vs. Assistant Commissioner of Income Tax

Court : Kerala

Reported in : (2005)199CTR(Ker)1

..... other hand, contended that there is no basis in the abovementioned contention. counsel submitted sub-section (2) of section 158bfa falls under chapter xiv-b which was inserted by finance act, 1995. chapter xiv-b deals with special procedure for assessment of search cases. counsel submitted there is no illegality in levying interest and penalty in those ..... apex court in cto and ors. v. swastik roadways and anr. : (2004)3scc640 to bring home this point.7. chapter xiv-b consists of sections 158b to 158bh which was inserted by finance act, 1995 so as to provide for an assessment of the undisclosed income detected as a result of the search, and is ..... cases which fall under chapter xiv-b. counsel also made reference to the decision of the gujarat high court in rahimbhai karimbhai nagriwala v. b. .....

N. T. John Vs. Commissioner of Income Tax and anr.

Court : Kerala

Reported in : (1997)137CTR(Ker)656

..... under s. 132a in the case of any person, then, the ao shall proceed to assess the undisclosed income in accordance with the provisions of this chapter.'chapter xiv-b was inserted in the it act, 1961 by the finance act, 1995 w.e.f. 1st july, 1995. it is an admitted case that the search was conducted in this case under s. 132 of the ..... not apply in a case where a search is initiated under s. 132 before 30th day of june, 1995, the date on which the finance act, 1995 came into force. in that view, it cannot be said that chapter xiv-b has retrospective operation. at the same time, the definition of block period contained in s. 158b indicates that it operates for a ..... act and that it was on 23rd feb., 1996. that means chapter xiv-b as it stood now would apply in the present case. earlier chapter xiv-b was inserted .....

Ouseph Mathew and Company Vs. Income-tax Officer and ors.

Court : Kerala

Reported in : [1999]240ITR668(Ker)

..... filed under section 245c will be disposed of as per the provisions of that chapter and the settlement commission is not in any way bound by the other provisions of the act, in particular section 186 of the act. it is further submitted that the amendment by way of the finance act, 1987, was introduced with effect from june 1, 1987, only for the ..... the issue that is involved in this original petition, it is not necessary to mention the entire factual details. suffice it to say, that the petitioner filed return for 1978-79 and the assessment for the said year was pending. at that stage, the petitioner filed a petition before the settlement commission to have the case settled in terms of ..... the parties.2. the point that is now taken by the petitioner is that the return filed for the year 1978-79 is for the period ending on march 31, 1979, and that cancellation of registration under section 186 of the act can be made only within a period of eight years from march 31, 1979, i.e., on or before .....

M/S.Medical Land, Trichur Vs. Commissioner of Income Tax,kochi

Court : Kerala

..... to be false" added to the definition of the undisclosed income vide section 158b(b) of the act by the finance act, 2002 with effect from 01/7/1995 which clinched the issue against the assessee. the tribunal found that chapter 14b provides separate procedure for assessment of any income revealed by search or requisition. it is against the ..... cases cannot be treated at par." i.t.a.no.221 of201212 however, we notice that the court pronounced the judgment on 19.02.2001. it is by finance act 2002, no doubt with retrospective effect from 01.7.1995 that the definition of "undisclosed income" was added to include any exception, deduction or allowance claimed which ..... the court did consider the effect of the words "undisclosed income" as amended by the finance act, 2002. the court made the following observation: "6. the finance act of 2002 has inserted the words "or any expense, deduction or allowance claimed under this act which is found to be false" at the end of the cl.(b), with retrospective .....

Assistant Commissioner of Central Excise Vs. Krishna Poduval

Court : Kerala

Reported in : (2005)199CTR(Ker)581; 2005(4)KLT947

..... of central excise (appeals). however, the appeals were dismissed since the same were filed beyond the period prescribed under sub-section 3 of section 85 of the finance act, 1994 and the commissioner (appeals) did not have power to condone delay beyond the maximum period prescribed under the said section. although the respondents have a further ..... :--if the [assistant commissioner-of central excise or, as the case may be, deputy commissioner of central excise] in the course of any proceedings under this chapter is satisfied that any person has, with intent to evade payment of service tax, suppressed or concealed the value of taxable service or has furnished inaccurate value ..... of-(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 thereunder with intent to evade payment of service tax, the person, liable to pay such service tax or erroneous refund, as determined under subsection .....

Asstt. Cce and ors. Vs. V. Krishna Poduval and ors.

Court : Kerala

Reported in : (2006)199CTR(Ker)581

..... of opinion that the respondents could not have raised their contentions regarding the imposition of penalty on merits notwithstanding the limitation prescribed under section 85(3) of the finance act, 1994, and dismissal of their appeals on the ground of limitation even in the writ petitions filed under article 226 of the constitution.10. although the writ ..... of--(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 thereunder with intent to evade payment of service-tax, the person, liable to pay such service-tax or erroneous refund, as determined under sub- ..... penalty for suppressing value of taxable service.-if the assistant cce or, as the case may be, deputy cce in the course of any proceedings under this chapter is satisfied that any person has, with intent to evade payment of service-tax, suppressed or concealed the value of taxable service or has furnished inaccurate value of .....

Centre for Development of Imaging Technology(C-dit) Vs. the Commission ...

Court : Kerala

..... 00,00,000/- while considering the application for waiver of pre-deposit. prima facie the matter regarding limitation to issue demand notice as contemplated under section 73 of the finance act came up for consideration and at paragraph 6 of the order of the tribunal, without discussing anything with reference to the date of demand notice and the provisions of section ..... refunded by reason of- (a) fraud or (b) collusion or (c) willful mis-statement or (d) suppression of facts or (e) contravention of any of the provisions of this chapter or (f) of the rules made there under with intend to evade the payment of service tax cea.8/13 3 by the person chargeable with service tax or his ..... this aspect of the matter in the impugned order.4. accordingly, we set aside the order dated 19.8.2013 directing the tribunal to consider section 73 of the finance act with reference to the date of demand and other relevant facts so cea.8/13 4 far as the present case is concerned and then proceed with the conditional .....

K. Sankaran Vs. Commissioner of Income-tax

Court : Kerala

Reported in : [1980]122ITR754(Ker)

..... annuity deposit required to be made by the assessee '3. chapter xxii-a dealing with annuity deposits was introduced in the i.t. act, by the provisions of the finance act, 1964, with effect from april 1, 1964. we may briefly notice the provisions of this chapter. section 280a provides that the provisions of the chapter shall apply to every person, whether an individual, a huf ..... hereby declared that any arrear of annuity deposit and any penalty imposed under this chapter shall be recoverable in the manner provided in chapter xvii-d for the recovery of arrears of tax.' 6. the provisions relating to annuity deposits go up to section 280x.7. by the finance act, 1966, the provisions of sections 280k, 280r and 280t omitted with effect from april .....