Court : Delhi
Reported in : [1975]99ITR79(Delhi)
..... spinning and weaving co. ltd., referred to above. although the words quoted by us appearing in sub-sections (1) and (3) of section 24 of the finance (no. 2) act of 1965 are not present in section 68 of the finance act, 1965, the absence of these words does not, in our opinion, make any difference to the character ..... to pay income-tax could be realised,that the legislature gave certain concessions to the assesseds by enacting section 68 of the finance act, 1965. no new liability to pay income-taxwas created by section 68 of the finance act, 1965, it merely provided fora concessional quantification of the existing tax liability with a view tobringing black ..... 1971]82itr410(ker) . we shall first examine the decision of the kerala high court. in that case, the assessed had made a voluntary disclosure under section 68(1) of the finance act, 1965, and in that declaration, the assessed had stated that the amount declared represented his undisclosed income in the earlier years. on the basis of .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
..... any intellectual property right. note:[ ]* substituted by the word [temporarily] (w.e.f. 16.6.2005) by section 88 the finance act, 2005) taxable service: section 65 (105)(zzr) of the finance act, 1994: taxable service means any [service provided]*, - to any person, by the holder of intellectual property right in relation to ..... relating to intellectual property right. for better appreciation and for ready reference, we reproduce the definitions as appearing in the finance act, 1994: intellectual property right: section 65 (55a) of the finance act, 1994: (55a) intellectual property right means any right to intangible property, namely, trade marks, designs, patents or ..... any other similar intangible property, under any law for the time being in force, but does not include copy right intellectual property service: section 65(55b) of the finance act, 1994: (55b) intellectual property service means, -- (a) transferring, [permanently or otherwise]*; or(b) permitting the use or enjoyment of, .....
Tag this Judgment!Court : Delhi
..... the revenue, however, submits that the division bench in the said decision did not specifically refer to the scope of an appeal under sub-section (2) and (2a) of section 86 of the finance act, 1994. she submits that in an appeal, the tribunal can certainly examine whether there was any objection by the committee of chief commissioners/ ..... order-inoriginal made by the commissioner. the grievance urged is that a review of the order by the committee' of chief commissioners in terms of section 86(2) of the finance act, 1994 never validly look place. on various grounds the concerned authorities looked into the matter on different dates and in fact, the order was ..... appeal without due application of mind; and whether the said aspect can be examined and made subject matter before the aforesaid tribunal in an appeal under section 86 (2) of the finance act, 1994?. 2. learned counsel for the appellant-revenue has relied upon decision dated 20th march, 2014 in ceac no.20/2014, titled commissioner of .....
Tag this Judgment!Court : Delhi
..... the revenue, however, submits that the division bench in the said decision did not specifically refer to the scope of an appeal under sub-section (2) and (2a) of section 86 of the finance act, 1994. she submits that in an appeal, the tribunal can certainly examine whether there was any objection by the committee of chief commissioners/ ..... order-inoriginal made by the commissioner. the grievance urged is that a review of the order by the committee' of chief commissioners in terms of section 86(2) of the finance act, 1994 never validly look place. on various grounds the concerned authorities looked into the matter on different dates and in fact, the order was ..... appeal without due application of mind; and whether the said aspect can be examined and made subject matter before the aforesaid tribunal in an appeal under section 86 (2) of the finance act, 1994?. 2. learned counsel for the appellant-revenue has relied upon decision dated 20th march, 2014 in ceac no.20/2014, titled commissioner of .....
Tag this Judgment!Court : Delhi
Reported in : (2004)90TTJ(Del)403
..... -i/80-ia was not satisfied. we find that up to 31-3-1990, the industrial undertaking satisfying certain conditions were eligible for deduction under section 80-i of the act. however, by finance act, 1990, with effect from 1-4-1990, the benefit was extended to cold storage also. the meaning of the word 'industrial undertaking' has ..... an industrial undertaking. as mentioned earlier, prior to 31-3-1990, the cold storage plants were not eligible for deduction under section 80-i. by finance act, 1990, with effect from 1-4-1990, sub-section (ia) of section 80-i was inserted in the statute.thus, after this date, the cold storage plant became eligible for deduction under ..... to priority industry was dealt with by section 80-e which was inserted by the finance act, 1966 with effect from 1-4-1966. that section was omitted and in its place section i was introduced by the finance (no. 2) act. 1967 with effect from 1-4-1968. section 80-i was also omitted by the finance act, 1972 with effect from 1-4-1973 .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (2006)(110)ECC467
..... payment of service tax by the appellants. as has been held in the case of greenply industries, no penalty would be imposable on the appellants under section 76 of the finance act, 1994.6. accordingly, the impugned order is set aside to the extent of penalty imposed on the appellants and upheld to that part of the ..... to file returns. this insertion was necessitated as the provisions of sections 69 & 70 of finance act, 1994 applied only to service provider. by inserting section 71a, the finance act, 2003 made the service receivers to file return to the authorities to ascertain the service tax liability. the said section 71a also granted time of six months from the date of assent ..... liable to pay service tax. it can be seen that till this retrospective amendment the payment of service tax under section 68 was to be made only by the service provider. after the retrospective amendment in finance act, 2003, the receiver of the services from g.t.o. was also made liable to pay service tax. since .....
Tag this Judgment!Court : Delhi
..... in view of the aforesaid analysis, we proceed to enumerate our conclusions in seriatim as follows: (a) the provisions, namely, section 65(105)(zzzz) and section 66 of the finance act, 1994 and as amended by the finance act, 2010, are intra vires the constitution of india. (b) the decision rendered in the first home solution case does not lay ..... bench of this court in wp (c) no. 3398/2010, while dealing with the validity of imposition of service tax under section 65(105)(zzzz) and section 66 of the finance act, 1995 and as amended by the finance act, 2010, has held thus - "74. quite apart from the above, as we have overruled the first home solution case, ..... fixtures, lights and lighting fittings, floor coverings and other articles for use therein." 6. it is worth noting that the legislature, by the finance act, 2007, has inserted an explanation to section 65(77a). 7. if the entire provision is properly understood, it is clearly discernible that hindu marriage is not treated or regarded a social .....
Tag this Judgment!Court : Delhi
Reported in : ILR1974Delhi621; [1975]98ITR681(Delhi)
..... any rate, income-tax shall be charged at that rate in respect of the total income of the previous year of every person- sub-section (3) of section 24 of the finance act, which is a central act enacts that income-tax shall be charged on the amount of voluntary disclosed income at the specified rates, as if such amount were the total ..... one sort of income'. a similar claim for an adjustment, set off, refund or relief cannot be made in the present case by the declarant as sub-section (9) of section 24 of the finance act provides a statutory bar against it. the only way to avoid double taxation in this case would, thereforee, be not to tax this amount again in ..... which tax is not refundable under any circumstances, then the same amount cannot be the income of any other person also. the legal fiction created by sub-section (3) of section 24 of the finance act by which the amount declared by the declarant has to be charged to income-tax at the prescribed rates, 'as if such amount were the total .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi
..... the portion of the additional commissioners order dropping the penalty proceedings was reviewed by the jurisdictional commissioner of central excise, under the provisions of section 84 of the finance act, 1994 and vide order-in-revision no. 05/commr/mrt-i/2011 dated 17/02/2011 he modified the additional commissioners order by ..... the additional commissioner while confirming the service tax demand alongwith interest did not impose any penalty on the appellant under section 76, 77 and 78 by invoking the provisions of section 80 of the finance act, 1994, holding that she is satisfied that there were valid reasons for the appellants failure to discharge their service ..... view of this, the additional commissioner had correctly waived the imposition of penalty under section 76, 77 and 78 of the finance act, 1994 by invoking section 80 ibid and, therefore, the impugned order of the commissioner imposing penalty on the appellant under section 76, 77 and 78 ibid is not correct. 4. shri davinder singh, .....
Tag this Judgment!Court : Delhi
Reported in : [1995]55ITD357(Delhi)
..... details as to whether the tourist/taxi cars were registered as taxis on the valuation date as required by the provisions of the proviso to section 40(3) of the finance act, 1983; as inserted by the finance act, 1988.8. ground no. 4 urged by the assessed read as under :-'4. the learned commissioner of wealth-tax, it is ..... the light of case law relied upon by the learned counsel and the intention underlying the introduction of the provisions of section 40 of the finance act, 1983 and the amendment made by the finance act, 1988 in the said section 40. we feel that the submissions made by the learned counsel have force as it is clear from the extracts from ..... taxis and used for the business of running of motor cars on hire.'in view of the foregoing the learned counsel submitted that the amendment made by the finance act, 1988 in section 40(3) is clarificatory in nature and is meant to remove unintended hardship and provide incentive for growth and modernization. he, thereforee, urged that the .....
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