Judgment Search Results Home > Cases Phrase: finance act 1978 chapter iii direct taxes Sorted by: old Court: kolkata Page 6 of about 825 results (0.263 seconds)

Promising Exports Limited and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : 2009(168)LC253(Calcutta),2009(243)ELT3(Cal)

..... which the appellate tribunal is fully competent to reject the appeal. see, in this connection, the observations of this court in respect of section 129 prior to substitution of chapter xv by the finance act, 1980 in navin chandra chhotelal v. central board of excise & customs and ors. : 1981 e.l.t. 679 (s.c.) : 1971 3 scr 357 ..... commissioner (appeals)) under section 35a;(c) an order passed by the central board of excise and customs constituted under the central boards of revenue act, 1963 (54 of 1963) (hereafter in this chapter referred to as the board) or the appellate (commissioner of central excise) under section 35, as it stood immediately before the appointed day;(d ..... it have any bearing on section 35f?12. in order to answer the question it is necessary to refer to chapter vi(a) of the central excise act dealing with 'appeals'. besides other sections, the said chapter contains sections 35b, 35c and 35e which shall be referred to for deciding the issue. relevant provisions in section 35b .....

isg Traders Ltd Vs. Commissioner of Income-tax, West

Court : Kolkata

..... retrospectively was to set the existing controversy on this issue at rest and not to unsettle the cases by raising the issue afresh. "23.2 through the finance act, 2002, a proviso to section 14a has been inserted so as to clarify that the assessing officer shall not reassess the cases under section 147 or pass ..... relation to income which does not form part of the total income under this act: provided that nothing contained in this section shall empower the assessing officer either ..... was inserted in the act with retrospective effect from 1st april, 2002. the said provision is quoted below: 14-a. expenditure incurred in relation to income not includible in total income.--for the purposes of computing the total income under this chapter, no deduction shall be allowed in respect of expenditure incurred by the assessee in .....

Rai Bahadur G.V. Swaika Estates Pvt. Ltd. and anr. Vs. the Chief Commi ...

Court : Kolkata

..... the order of the appropriate authority passed on 14th august, 2001 was not challenged before the learned trial judge not any argument was advanced. applicability of chapter xxc of this act in this case was neither taken not was argued at the time of hearing before the learned trial judge. as this point was already decided by learned ..... out of rs.18 lakh from the said intending purchaser. on 1st october, 1986 sections 269uo was inserted by way of amendment under chapter xxc income tax act, 1961 (hereinafter referred to as the said act) with prospective effect. on 15th october, 1986 the statements in form 37-i was filed with the appropriate authority by the parties in ..... . it is pertinent to mention here that the parties did not file form 37ee under chapter xxa of the income tax act. form 37-i was filed jointly by both the parties viz., the transferor & the transferee, m/s.karnani finance enterprises limited, the purchaser, has clearly confirmed again by his letter dated 22nd june 2001 in cours. .....

Appellant Vs. Respondent

Court : Kolkata

..... backdrop of the above facts the special bench took note of the judgements of the apex court rendered in case of booz allen and hamilton inc.v.sbi home finance limited & ors.reported in (2011).scc 53.wherein the apex court in paragraph-36 thereof indicated the matter which is not capable of being determined through a private ..... provides an exclusive mechanism of the winding up of the company by the high court if the company is unable to pay its debt. chapter ii of the said act deals with the matter relating to winding up which has been vested exclusively on the high court. if certain special powers are vested on the high court, ..... initiated by the financial institution before the debt recovery tribunal. the debt recovery tribunal was constituted under the recovery of debts due to banks and financial institutions act, 1993 (rdb act) to deal with the matters relating to the claim of the financial institutions of an amount more than rs.10 lakhs which necessarily excludes the jurisdiction of .....

Smt. Renuka Prasad Vs. the Commissioner of Central Excise, Bolpur

Court : Kolkata

..... sum of rs.88,666/- under s & he cess under proviso to section 73 (1) of chapter v of the finance act, 1994, interest at the rate applicable under section 75 of the said chapter as well as the penalty under section 76, 77 & 78 of the said chapter. the facts narrated in the said show-cause notice are that the petitioner is providing taxable ..... order passed by the cestat by which an application for stay by way of waiver/dispensation of the pre-deposit condition is disposed of. section 35f of the central excise act requires the deposit of the duty demanded or the penalty levied as pre-condition to file an appeal. however, provisos inserted therein vested the discretionary power on the commissioner (appeals .....

Commissioner of Central Excise, Bolpur Commissionerate Vs. M/S. Ultra ...

Court : Kolkata

..... advocate appearing in support of the appeal, submitted that clause 84 of the finance bill, 2008, as introduced on 29th february, 2008, referred to chapter 25 of the central excise tariff act. he contended that the declaration made under the provisions of provisional collection of taxes act, 1931 with reference to clause 84 of the bill, as introduced, would automatically ..... no declaration under pcta was made with regard to enhancement of duty on cement to rs.900/- pmt, which was moved by way of amendment to finance bill, 2008 by the finance minister on 29.04.2008. therefore, the effective date of the enhancement in the present case would be the date of enactment i.e.10.05. ..... expiry of the day on which the bill containing it is introduced. (2) a declared provision shall cease to have the force of law under the provisions of this act (a) when it comes into operation as an enactment, with or without amendment, or (b) when the central government, in pursuance of a motion passed by parliament .....

Sicpa India Pvt. Ltd. Vs. Union of India

Court : Kolkata

..... security printing inks is not registered in india and the same, therefore, prima facie will not be covered under section 65 (105) (zzr) of chapter v of the finance act, 1994. as such, prima facie, service tax liability will not be attracted to the transfer of the said technical know-how by the swiss company ..... also to stipulate condition as required to safeguard the interest of revenue. (14) i have considered the rival contentions of the parties. (15) under chapter v of the finance act, 1994, taxable service means service provided or to be provided to any person by the holder of intellectual property right, in relation to intellectual property ..... cestat. (7) the petitioner has drawn this court s attention to various provisions of chapter v of the finance act, 1994 and chapter va of the finance act, 2003 which deal with service tax. the relevant clauses are set out hereinbelow: s. 65. in this chapter, unless the context otherwise requires,- (55a) intellectual property right means any right to .....

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 .....

Company Limited and Anr. Vs. Deputy Commissioner of Income Tax,

Court : Kolkata

..... was made to cover up probable diminution in the value of assets, that is, a debt. he contends that, soon after hcl comnet systems and services ltd.(supra) the finance (no.2) act, 2009 was introduced to the parliament on july 6, 2009 containing proposals for insertion of clause (g) of explanation to section 115ja(2) with retrospective effect from the assessment ..... tax was that, the profit making companies which were paying dividends were not paying tax because of deductions/allowances made under the normal computation provisions of the act. he refers to chapter xii-b of the act and also section 115j.in this regard. he submits that, section 115j.was in force up to the assessment year 1998-1999. tax on book profit .....

Standard Literature Co. Private Ltd. and ors. Vs. Union of India (Uoi)

Court : Kolkata

Reported in : AIR1968Cal1,71CWN719

..... in nageswara rao v. a p s.r t cor porafion : air1959sc308 . that was a case under the motor vehicles act, 1939 as amended by act 100 of 1956. the amending act inserted a new chapter iv-a providing for the state transport undertaking running the business to the exclusion, complete or partial, of all other persons doing ..... court will not interfere : [1950]1scr869 , : 1953crilj1621 , budhan choudhury v. state of bihar : 1955crilj374 and : [1961]43itr393(sc) the avowed object of fhe said act is to avoid the long drawn procedure by way of a suit in respect of eviction of unauthorised persons from government property. putting government property on a special footing has ..... section 124), in the public demand recovery act, (section 4 read with sections 9 and 10) in the bengal finance sales tax act, 1941 (section 14(3)) and in the land acquisition act (sections 4, 5a and 6), thika tenancy act (w. b. act 11 ot 1949) the bengal municipal act, and the calcutta municipal act 1951 under sec 12(1) of the .....