Judgment Search Results Home > Cases Phrase: finance act 1978 chapter iii direct taxes Page 9 of about 15,464 results (0.617 seconds)

Life Insurance Corporation of India and ors. Vs. Kalangi Samuel Prabha ...

Court : Andhra Pradesh

Reported in : 1997(3)ALT783

..... filed by the spouses were rejected. writ petition no. 6925 of 1994 is filed questioning the termination of the agency. the government of india, ministry of finance wrote a letter dated 06-07-1981 to the chairman, life insurance corporation of india requesting him to issue instructions to all of his field formations directing them ..... insurance corporation of india was established on 1-9-1956. the life insurance corporation of india act, 1956 was enacted.9. section 2 of the act deals with definitions. section 4 deals with the constitution of the corporation. chapter iii deals with the functions of the corporation.10. under section 48 the power is vested in ..... life insurance corporation of india have no jurisdiction to issue those circulars and that too without amendment to the provisions of the life insurance corporation of india act incorporating the clause not to appoint spouse as agent of the life insurance corporation, and further contended that as the above said two circulars are illegal, .....

D.N. Sanghavi and Sons Vs. Ambalal Tribhuwan Das

Court : Supreme Court of India

Reported in : AIR1974SC1026; (1974)1SCC708; [1974]3SCR55

..... by him that he needed the accommodation for continuing 'his business' within the meaning of section 12(1)(f) of the madhya pradesh accommodation control act, 1961 (hereinafter called the act). at the evidence stage he gave evidence that it was needed for partnership business. there arose two crucial questions in the case: (1) what is ..... it. broadly speaking, a construction which fulfils this purpose should be preferred to die alternative construction which frustrates it.5. chapter iii controls eviction of tenants, section 12 is die first provision in this chapter. we are now reading the material portions of section 12:section 12(1)(e): that die accommodation let for residential ..... , the tenant evicted from la non-residential accommodation gets not only the said respite but also the prescribed compensation. in many cases the burden of compensation may act as a deterrent to eviction. having regard to the rigour of clause (f) of section 12(1) we think that the phrase 'his business should not .....

Ashwani Kumar Aggarwal, in Re. Vs.

Court : Supreme Court of India

Reported in : [1992]195ITR861(SC)

..... with notification no. 1/45/tech/90/sc, dated december 3, 1991, to examine legal issues arising from the amendments made to chapter xixa of the income-tax act, 1961, and corresponding provisions of the wealth-tax act, 1957, by the finance act (no. 2) 1991. vide notification dated december 20, 1991, the chairman, settlement commission, directed that, in order to determine the scope of ..... , 234b and 234c was mandatory and could not be waived, the word 'interest' brought into section 245d(6)by the finance act, 1987, with effect from june, 1, 1987, would not has been retained after the amendment of the act by the direct tax laws (amendment) act, 1987, with effect from april 1, 1989 (sic). he then pointed out to 'notes on clause of .....

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. .....

Commissioner of Income Tax Vs. Rajasthan Financial Corporation

Court : Rajasthan

Reported in : (2007)213CTR(Raj)184

..... corporation v. cit 0043/1985 : [1988]174itr206(kar) was not followed.by the amendment by the finance act, 1985, the words 'computed before making any deduction under this clause and chapter vi-a' were substituted for the words computed before making any deduction under chapter vi-a.' this amendment was brought into force w.e.f. 1st april, 1985, and was ..... deduction of the amount allowable in the section.14. the aforesaid question of law before the supreme court was in respect of asst. yr. 1978-79. the relevant provision for the said asst. yr. 1978-79 was exactly the same provision with which we are concerned. the supreme court held that the view of the kerala high court that ..... in computing the total income for the purpose of section 36(1)(viii) of the it act, 1961, the total income has to be computed in .....

Onkar Travels (P.) Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2007)10STT244

..... , were assessed finally by the superintendent of service tax. a show cause notice was issued by the deputy commissioner of service tax under section 74 of the finance act, 1994, to enhance the assessment, and a allegation of short levy was made on the appellant. the adjudicating authority confirmed the demand and also imposed penalty, ..... not be made unless the person affected thereby has been given a reasonable opportunity of showing cause against such enhancement. (5) subject to the provisions of this chapter, in hearing the appeals and making order under this section, the collector of central excise (appeals) shall exercise the same powers and follow the same procedure ..... within three months from the date of receipt of the decision or order of the central excise officer, elating to service tax, interest or penalty under this chapter: provided that the collector of central excise (appeals) may, if he is satisfied that the appellant was prevented by sufficient cause from presenting the appeal .....

R.K. Marble Pvt. Ltd. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2007)(115)ECC27

..... pay the amount specified in the notice. in view of the facts stated above, it appears that the assessee has contravened the provisions of section 68 of the chapter v of the finance act, 1994 (32 of 1994) in as much as they had not paid service tax on taxable service i.e. transport services provided to them by the goods ..... interest on the amount of service tax not paid in terms of section 75 ibid. the assessee is also liable to penalty in terms of section 76 of the chapter v of the finance act, 1994 (32 of 1994). now therefore, the said m/s r.k. marble ltd kishangarh are hereby called upon to show cause and explain to the deputy ..... prescribed manner on the basis of the self assessment of the service tax and the provisions of section 71 shall apply accordingly. section 73 has also undergone certain amendments by finance act, 2003. after the amendment section 73 reads as follows: (a) the assistant commissioner of central excise or, as the case may be, the deputy commissioner of central excise .....

C.S.T. Vs. Pepsi Cola India Marketing Co.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Ahmedabad

..... show cause as to why the penalty should not be imposed upon them as provided under section 76 and 77 of chapter v of the finance act, 1994 for contravention of provisions of section 68 and 70 respectively of chapter v of the finance act, 1994. section 68 ibid deals with the payment of service tax at the rate specified in section 66 in such manner .....

Simplex Infrastructures Ltd. Vs. Commissioner of Service Tax, Kolkata

Court : Kolkata

..... or short payment of the service tax is by reason of fraud or collusion or wilful misstatement or suppression of facts or contravention of any of the provisions of chapter 1 of the finance act, 1994 or the rules made thereunder with intent to evade payment of service tax, by the person chargeable with the service tax. (53) in the instant case the ..... law. in this connection one may refer to the decision of the hon ble supreme court in the case of orient paper mills ltd.-vs.union of india reported in 1978 (2) elt j345. (75) in view of the aforesaid, it is not necessary for me to deal with the other grounds of challenge to the impugned show cause notice agitated ..... has been laid down by the hon ble supreme court in the case of j.steel-vs.-union of india reported in 1978 (2) elt j335 and also in the case of sanjana-vs.elphinestone spinning & weaving mills reported in 1978 (2) elt j399. (30) the petitioner is guilty of suppression of facts. in its reply dated 24th may, 2006, the petitioner .....

Manisha Construction Vs. the Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Pune

..... . these situations would result into incorrect computation of undisclosed income of the block period which was not the intention underlying the provisions of chapter xiv-b. 616.2 with a view to clarify the provisions, the finance act, 2002, has substituted clause (c) of section 158bb(1) to make it clear that losses incurred in years for which no ..... materials or information as are available with the a.o and relatable to such evidence" has been substituted by the finance act, 2002 with effect from 1-7-1995 for the words "in accordance with the provisions of chapter iv, on the basis of evidence found as a result of search or requisition of books of account or documents ..... to be computed in accordance with the provisions of chapter iv of the act as it then stood; (ii) the original clause (a) of explanation to main sub-section (1) of section 158bb, and (iii) clause (c) to section 158bb(1) as it stood prior to its substitution by the finance act, 2002 with retrospective effect from 1-7-1995. .....