Judgment Search Results Home > Cases Phrase: finance act 1978 section 19 amendment of section 155 Court: supreme court of india Page 1 of about 11,022 results (2.284 seconds)

Commissioner of Income-tax, Kerala Vs. K. Srinivasan

Court : Supreme Court of India

Reported in : AIR1972SC491; [1972]83ITR346(SC); (1972)4SCC526; [1972]2SCR309

..... tax payable by the assessee on the salary portion of the total income shall be the proportionate amount payable according to the rates provided in the finance act 1963. under section 2 of the finance act 1963 income tax was to be charged at the rates specified in part i of the first schedule-and super tax at the rates specified in ..... contained the rates etc. relating to the surcharge. similar state of affairs existed with regard to finance acts of 1953, 1954, 1957. section 2 of the finance act 1971 is to the effect that the provisions of section 2 and of the first schedule to the finance act 1970 shall apply in relation to income tax for the assessment year or as the case may ..... the super tax was, however, to be increased by a surcharge for the purpose of the union and a special surcharge. it will be noticed that section 2(2) of the finance act 1964 did not contain mention of any of the surcharges. this, led to the controversy which resulted in the reference.4. before the high court the .....

State of West Bengal Vs. Calcutta Club Limited

Court : Supreme Court of India

..... a sea change, as a result of which service tax was imposed on all taxable services, short of those which were in a negative list contained in section 66d of the finance act. according to the learned counsel appearing on behalf of the respondents, the same position that obtained re: incorporated members clubs continued after 2012, despite the introduction ..... referred to in clause (a) or, as the case may be, clause (b), shall be on the person claiming the exemption under this sub-section. 41. sub-clause (a) refers to 7th september, 1978, which is the date on which northern india caterers (supra) was pronounced and sub-clause (b) refers to 4th january, 1972, which is ..... modified. sub-clause (a) is the outcome of new india sugar mills ltd. v. cst [(1963) 14 stc316:1963. supp (2) scr459 and vishnu agencies (p) ltd. v. cto [(1978) 1 scc520:1978. scc (tax) 31 : air1978sc449 . sub-clause (b) is the result of gannon dunkerley & co. [state of madras v. gannon dunkerley & co. (madras) ltd., (1958) 9 .....

Tamil Nadu Kalyana Mandapmam Am Assn. Vs. Union of India (Uoi) and ors ...

Court : Supreme Court of India

Reported in : AIR2004SC3757; (2004)4CompLJ108(SC); 2004(3)CTC63; (2004)188CTR(SC)297; 2004(93)ECC353; 2004(167)ELT3(SC); [2004]267ITR9(SC); [2004(4)JCR66(SC)]; JT2004(4)SC568; (2004)3MLJ

..... by the government of india for the said purpose. the said tax is on the service and not on the service provider. however, under section 68 of the finance act, 1994 as amended by the finance act, 1997 read with rule 2(1)(d)(ix) of the service tax rules, 1994, the service provider (in the present case the mandapmam ..... service tax.6. to enable the government to widen its net of service tax, certain changes were sought to be made to the finance act, 1994.7. new clauses were added to section 65 of the finance act, 1994. the clauses which are relevant for the purposes of the present appeal are reproduced hereinbelow:-'(10) 'caterer' means any person ..... -keeper' means a person who allows temporary occupation of a mandapmam for consideration for organising any official, social or business function.'8. in clause (41) of section 65 of the finance act, 1994, few sub-clauses were inserted and insofar as they are relevant to this appeal, they are reproduced herein- below:-'(41) (p) 'taxable service' means .....

M/S. Ponds India Ltd. Vs. Collector of Central Excise, Madras

Court : Supreme Court of India

Reported in : AIR1997SC1708; 1997(58)ECC1; 1997(90)ELT3(SC); JT1997(1)SC729; 1997(1)SCALE484; (1997)2SCC577; [1997]1SCR541

..... valid.2. special excise duty is levied under the provisions of the finance acts. there was no levy for a long period of time of special excise duty until it levied with effect from 1st march, 1978, under the provisions of section 37 of the finance act, 1978, which read thus:(1) in the case of goods chargeable with duty ..... of excise under the central excise act as amended from time to time, read with any notification for the time being ..... excise duty was being levied from 1963 upto 1971 by various finance acts passed from time to time. it was discontinued from 1972 until 1978 when it was revived by the finance act, 1978. thereafter, it was being levied from year to year by annual finance acts. the provisions of these finance acts, insofar as the levy of special excise duty is concerned, .....

Commissioner of Income Central Ii Vs. Suresh N. Gupta

Court : Supreme Court of India

Reported in : (2008)214CTR(SC)274; [2008]297ITR322(SC); JT2008(1)SC208; 2008(1)SCALE99; (2008)4SCC362; 2008AIRSCW1066

..... at 17% amounting to rs. 16504/-. we accordingly answer the above question in favour of the revenue and against the assessee.whether insertion of the proviso in section 113 by the finance act, 2002 was applicable to search up to 31.5.2002:25. in view of our findings on the first point, strictly speaking, we are not required ..... to article 271 read with entry 82 of list i of seventh schedule to the constitution of india. that power is not traceable to section 4 of the 1961 act. every year the finance act is enacted by parliament to give effect to the financial proposals of the central government. the rate at which a charge on the total ..... accordance with the provisions of chapter iv. therefore, in our view, section 4 has to be read with section 158bb. that section is not ruled out by section 158bb. if section 4 has to be read with section 158bb for computing undisclosed income then the provisions of the relevant finance act have got to be read into the block assessment scheme under chapter xiv .....

Virtual Soft Systems Ltd. Vs. Commissioner of Income Tax, Delhi-i

Court : Supreme Court of India

Reported in : (2007)207CTR(SC)733; [2007]289ITR83(SC); JT2007(3)SC125; 2007(2)SCALE612; (2007)9SCC665

..... additional tax on the amount by which the losses stood reduced.[emphasis supplied]28. it was because of these decisions that section 143(1a) was amended by the finance act, 1993 in exactly the same manner as the finance act, 2002 amended section 271(1)(c) and explanation 4(a). however, this amendment was retrospective with effect from 1.4.1989, not claiming ..... between the liability to pay tax and the imposition of penalty was severed for the first time.39. it may be noted that the amendment made to section 271 by the finance act, 2002 only stated that the amended provision would come into force with effect from 1.4.2003. the statute nowhere stated that the said amendment was either ..... the rules of interpretation of criminal statue and the language and intent of the order and the act, we find ourselves in agreement with the view expressed by ranganath misra, j. as he then was, in prem bahadur v. state of orissa 1978 cri. lj 683, at page 685, para 4:the orissa order does not make possession .....

M/s. Total Environment Building Systems Pvt Ltd. Vs. The Deputy Commis ...

Court : Supreme Court of India

..... necessary to gather the meaning of works contract from judicial precedent in order to answer the rival submissions in the instant case. section 65(105)(zzzza) of the finance act, 1994 as amended by the finance act, 2007 which defines work contract, has been extracted as under, for ease of reference: works contract means a contract wherein, ..... in the present appeals is, whether service tax could be levied on composite works contracts prior to the introduction of the finance act, 2007, by which the finance act, 1994 came to be amended to introduce section 65(105) (zzzza) pertaining to works contracts?.5. at the outset, it is required to be noted that the ..... group of appeals is, whether, service tax could be levied on composite works contracts prior to the introduction of the finance act, 2007, by which the finance act, 1994 came to be amended to introduce section 65(105)(zzzza) pertaining to works contracts?.3. feeling aggrieved and dissatisfied with the impugned judgment and order dated 07. .....

All India Haj Umrah Tour Organizer Association Mumbai Vs. Union Of Ind ...

Court : Supreme Court of India

..... person to another. the taxable territory is defined in clause 52 of section 65b of the finance act to mean the territory to which the provisions of the relevant chapter service tax statutory provisions containing sections 64 to 114 of the finance act apply. sub- section (1) of section 64 of the finance act provides that the relevant chapter extends to the whole of india except ..... are provided or deemed to have been provided or agreed to be provided or deemed to have been agreed to be provided. by exercising the power under section 66c of the finance act, the 2012 rules were enacted and were brought into force with effect from 1st july 2012.36. in these petitions, we are concerned with hgos or ..... for in the case of the private importers who, in any event, 75 are merely working out contracts entered into by them with foreign sellers before 2-12- 1978.15. we are also not satisfied that any of the private importers have made out that their business will be crippled or ruined in view of the rate .....

Gujarat Ambuja Cements Ltd. and anr. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR2005SC3020; (2005)4CompLJ440(SC); (2005)194CTR(SC)428; 2005(99)ECC377; 2005(182)ELT33(SC); [2005]274ITR194(SC); JT2005(Suppl3)SC389; (2005)4SCC214; 2006[3]STR608; 200

..... : (2003)181ctr(sc)1. as a proposition of law this cannot be and is not disputed. the question is whether by enacting sections 116 and 117 of the finance act, 2000 and section 158 of the finance act 2003, the bases on which this court struck down rule 2(1)(d), (xii) and (xvii) of the service tax rules, ..... the validity of the amendments made by the finance act 2000 to chapter v of the finance act, 1994 were pending, the finance act, 2003 was assented to by the president on 14th may 2003. by section 158 of that act, sections 68(1), 71 and section 94 of the 1994 -act were further amended. section 158 provides:'during the period commencing on and ..... 1998 notification no. 49/98 was issued exempting services provided by goods transport operators from the levy of service tax altogether and by the finance act, 1998 all provisions in the finance act, 1994 including section 65 (41) sub-clause (m) relating to the levy of service tax on services provided by goods transport operators were omitted with .....

Commnr. of Income Tax, Jalandhar-i Vs. Shri Rajiv Bhatara

Court : Supreme Court of India

Reported in : (2009)222CTR(SC)209; [2009]310ITR105(SC); JT2009(4)SC39; 2009(3)SCALE16; (2009)13SCC315; [2009]178TAXMAN285(SC)

..... dependent for its leviability on the assessee's liability to pay income tax but on assessed tax.13. therefore, even without the proviso to section 113 (inserted vide finance act, 2002 w.e.f. 1.6.2002), finance act, 2001 was applicable to block assessment under chapter xiv-b in relation to the search initiated on 6.4.2000 and accordingly surcharge was ..... with entry 82 of list i of schedule vii to the constitution of india, 1950 (in short the `constitution'). that power is not traceable to section 4 of the act. every year the finance act is enacted by parliament to give effect to the financial proposals of the central government. the rate at which a charge on the total income of ..... (1) prescribes the subject matter of the tax and the rate of that tax is prescribed by the legislature, either under the act as in the case of section 113 or vide the finance act.7. the purpose of chapter xiv is to lay down a special procedure for assessment of surcharge cases with a view to combat tax evasion and .....