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D.R. Industries Ltd. and anr. Vs. Union of India (Uoi) and 3 ors.

Court : Gujarat

Reported in : 2008(127)ECC61; 2008(153)LC61(Gujarat); 2008(229)ELT24(Guj)

..... excise matters somewhat similar to the set up on the direct taxes side and the demand had been endorsed by the estimate committee of parliament. accordingly, finance act, 1980 provided for setting up an appellant tribunal to hear appeals in respect of customs, central excise and gold control matters independent of the executive machinery ..... charged with the responsibility of day to day administration of revenue laws. for doing so, entire chapter vi-a of the excise act was substituted with effect from 11.10.1982. while this new chapter conferred on the appellate tribunal power to entertain appeals within three months with further power to condone the ..... violative of article 14 of the constitution:7.1 it is submitted that all the appellants belong to one class viz. assessees. however, under chapter vi-a of the central excise act, two artificial classes of assessee-appellants are created - (i) those who have to file appeal before the commissioner (appeals) under section 35( .....

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 .....

Vishwanath Prasad Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2003)86ITD516(All.)

..... the merits of the appeal, we feel it appropriate to decide the above preliminary issue first.12. chapter xiv-b inserted by finance act, 1995 w.e.f. 1st july, 1995 provides special procedure for assessments in search cases. section 158bc of the income-tax act provides special procedure for block assessment. where any search has been conducted under section 132 of the income ..... search.22. circular no. 717 dated 14th august, 1995 is issued by the cbdt on the subject of finance act, 1995 - explanatory notes on provisions relating to direct taxes. clause 39.3 of this circular provides salient features of the scheme provided under chapter xiv-b. the relevant clause is reproduced from this circular: where the previous year has not ended or the .....

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 .....

Lason India Pvt. Ltd. (Formerly Vs. the Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2008)301ITR306(Chennai)

..... for any assessment year, its profits and gains had not been included by application of the provisions of this section as it stood immediately before its substitution by the finance act, 2000, the undertaking shall be entitled to the deduction referred to in this sub-section only for the unexpired period of aforesaid ten consecutive assessment years. provided ..... by an undertaking from the export of such articles or things or computer software: the section has clearly employed the expression "deduction" though section 10b is contained in chapter iii which deals with the incomes which do not form part of total income, but still at least after 01.04.2003 this provision would amount to deduction only ..... allowed as deduction which means whole of income is not exempt and therefore the same cannot be treated as exempt. the mere fact that section 10b is contained in chapter iii will not make much difference as hon'ble supreme court in the case of prakash nath khanna and anr. v. cit 266 itr 1 (sc) has .....

Commissioner of Income-tax Vs. Khushlal Chand Nirmal Kumar

Court : Madhya Pradesh

Reported in : (2003)183CTR(MP)503; [2003]263ITR77(MP)

..... (see [2002] 258 itr 13) which has been referred to above in paragraph 61.3.2 has laid down as under (page 58) :'61.3.2. the finance act, 2002, has amended section 158bb to clarify that the block assessment of undisclosed income is to be based on the evidence found in the search and material or information gathered ..... board of direct taxes issued on august 27, 2002.6. to appreciate the rival submissions, it is appropriate to refer to section158bb(1) of the act which occurs in chapter xiv-b of the act. it reads asunder :158bb. (1) the undisclosed income of the block period shall be the aggregate of the total income of the previous years falling ..... the said question refers to an addition of rs. 2,49,350 made on account of unexplained expenses in the construction of a residential bungalow by the assessee. here also, chapter xiv-b has no application. the tribunal, rightly, found that the addition is made on the basis of the report of the departmental valuer. according to the assessing officer .....

Rashtriya Ispat Nigam Ltd. Vs. Dewan Chand Ram Saran.

Court : Supreme Court of India

..... shall provide the contractor with required tax deduction certificate." evolution of service tax:5. service tax was introduced for the first time under chapter v of the finance act, 1994. section 66 of the act was the charging section and it provided for the levy of service tax at the rate of five per cent of the value of ..... of 1994. - during the period commencing on and from the 16th day of july, 1997 and ending with the 16th day of october, 1998, the provisions of chapter v of the finance act, 1994 shall be deemed to have had effect subject to the following modifications, namely- (a) in section 65,- (i) for clause (6), the following clause ..... by an insurer carrying on general insurance business. section 68 required every person providing taxable service to collect the service tax at specified rates. section 69 of the finance act, 1994 provided for registration of the persons responsible for collecting service tax. sub-sections (2) and (5) indicated that it was the provider of the service .....

Life Insurance Corporation of India Vs. Commissioner of Income Tax

Court : Chennai

Reported in : (2001)166CTR(Mad)125; [2000]111TAXMAN643(Mad)

..... is not provided by the employer;'6. it is seen that section 10(14) was amended by the direct tax laws (amendment) act, 1987 with effect from 1-4-1989 and again by the finance act, 1995 with effect from 1-7-1995. consequent on the aforesaid amendment, the special allowance on benefit which is eligible for relief under ..... income of the previous year. clause (14) deals with special allowance. the said provision was amended by direct tax laws (amendment) act, 1987 with effect from 1-4-1989. there was a further amendment by the finance act, 1995 with effect from 1-7-1995 which substituted the words :''as may be prescribed' for the expression 'as the central ..... from rule 213b. according to him, the law has changed subsequent to the amendment and in the changed circumstances, the said decision cannot be invoked.5. chapter iii of the act, provides for income which does not form part of total income. under section 10, income falling under the clause set out thereunder shall not be included in .....

The Life Insurance Corporation of India, Southern Zonal Office, L.i.C. ...

Court : Chennai

Reported in : 2000(3)CTC93; [2000]245ITR224(Mad)

..... conveyance is not provided by the employer.' 6. it is seen that section 10(14) was amended by the direct tax laws (amendment) act, 1987 with effect from 1.4.89 and again by finance act 1995 with effect from 1.7.95. consequent on the aforesaid amendment, the special allowance of benefit which is eligible for relief under section ..... of the previous year. sub-section (14) deals with special allowance. the said provision was amended by direct tax laws (amendment) act, 1987 with effect from 1.4.89. there was a further amendment by finance act of 1995 with effect from 1.7.95 which, substituted the words'as may be prescribed' for the expression. 'as the central ..... from rule 2bb. according to him, the law has changed subsequent to the amendment and in the changed circumstances, the said decision cannot be invoked. 5. chapter iii of the income tax act, 1961 provides for incomes which do not form part of total income. under section 10, income falling under the clauses set out thereunder shall not be .....

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 .....