Judgment Search Results Home > Cases Phrase: finance act 1978 section 19 amendment of section 155 Court: supreme court of india Page 5 of about 11,022 results (0.242 seconds)

Deputy Commissioner of Income Tax, Ahmedabad Vs. Core Health Care Ltd.

Court : Supreme Court of India

Reported in : 105(2008)CLT433(SC); (2008)215CTR(SC)1; [2008]298ITR194(SC); JT2008(2)SC367; 2008(2)SCALE327; (2008)2SCC465; 2008AIRSCW1425

..... cost' has been amplified by excluding such portion of the cost as is met directly or indirectly by any other person or authority. explanation 8 has been inserted in section 43(1) by finance act, 1986 (23 of 1986), with retrospective effect from 1.4.74. it is important to note that the word 'actual cost' would mean the whole cost and not ..... appeals we are concerned with the assessment years 1992-93, 1993-94, 1995-96 and 1997-98. a proviso has since been inserted in section 36(1)(iii) of the 1961 act. that proviso has been inserted by finance act, 2003 w.e.f. 1.4.2004. hence, the said proviso will not apply to the facts of the present case. further, in ..... our view the said proviso would operate prospectively. in this connection it may be noted that by the same finance act, 2003 insertions have been made by way of proviso in section 36(1)(viia) by the same finance act which is also made with effect from 1.4.2004. same is the position with regard to insertion of a sub .....

G. Ekambarappa and ors. Vs. Excess Profits Tax Officer, Bellary

Court : Supreme Court of India

Reported in : AIR1967SC1541; [1967]65ITR656(SC); [1967]3SCR864

..... in that year and therefore it had escaped ently of the passing of the finance act but until the finance act it was pointed out that the income was chargeable to tax independently of the passing of the finance act but until the finance act was passed no tax could be actually levied. the same principle was reitrated by ..... provided by a competent legislature or other competent authority be construed as meaning the territories within that state immediately before the appointed day.' 11. section 120 of this act states : 'for the purpose of facilitating the application of any law in relation to any of the states formed or territorially altered by the ..... law shall have effect subject to the adaptations and modification so made until altered repealed or amended by a competent legislature or other competent authority. explanation-in this section the expression 'appropriate government' means - (a) as respects any law relating to a matter enumerated in the union list the central government and (b) as .....

The Commissioner of Income-tax, Madras Vs. P.S.S. Investments (P) Ltd.

Court : Supreme Court of India

Reported in : AIR1977SC424; (1976)4SCC712

..... -sections (2) and (3), with which we are not concerned, for the year beginning on the first-day of april, 1958.(b) ..... , or the partners of the firm or members of the association individually, an additional duty of income-tax (in this act referred to as super-tax) at the rate or rates laid down for that year by a central act. clause (b) of section 2 of the finance act, 1958 (act no. 11 of 1958) provides, inter alia, that subject to the provisions of sub ..... super-tax shall, for the purposes of section 55 of the indian income-tax act, 1922 (xi of 1922) ( .....

Assistant Commissioner Of Income Tax (exemptions) Vs. Ahmedabad Urban ...

Court : Supreme Court of India

..... may exceed the quantitative limit resulting in taxation and the consequent higher consideration charged from the user or consumer. (a) interpretation of section 10(46) and section 2(15) 178. section (20a) was inserted by finance act, 1970 with effect from 01.04.1962. it had excluded certain classes of income, of corporations145. this court had occasion to ..... this court, in respect of two assessment years, in the case of apparel export promotion council (aepc). the objects of aepc, which was set up in 1978 include promotion of ready-made garment export. to achieve that end, its objects include providing training to instil skills in the workforce, to improve skills in the ..... restrictions on profit-making, the court could assume (in the absence of something to the contrary) that the trust s object involved carrying on of an 17 (1978) 3 scc49916 activity for profit. the constitution bench disagreed with the approach in both the previous judgments, and observed: 19. now we entirely agree with the .....

Commissioner Of Customs, Central Excise And Service Tax Vs. M/s Suzlon ...

Court : Supreme Court of India

..... of wind turbine generator (for short, wtg ) are not leviable to service tax under the category of design services as defined under section 65(35b) read with section 65(105)(zzzzd) of the finance act, 1994 during the period june, 2007 to september, 2010, the revenue has preferred the present appeals.2. that the respondent herein was ..... by the respondent for the purpose of manufacturing of wtg are leviable to service tax under the category of design services as defined under section 65(35b) r/w section 65(105)(zzzzd) of the finance act, 1994 during the period june, 2007 to september, 2010?. 3.1 shri n. venkataraman, learned asg has submitted that the ..... services on importing various models of engineering design & drawings for the purpose of manufacturing of wind turbine generator (wtg), as defined under section 65(35b) r/w section 65(105)(zzzzd) of the finance act, 1994 is hereby quashed and set aside. however, the matter is remitted civil appeal nos.11400-11401/2018 page 20 of 21 .....

Cc And Ce And St Noida Vs. M/s Interarch Building Products Pvt. Ltd.

Court : Supreme Court of India

..... 3(1) of the composition rules; (ii) provisions of rule 2a of the valuation rules are subject to the provisions of section 67 of the finance act, 1994; (iii) once the provisions of section 67 of the finance act, 1994 have been complied civil appeal no.11330 of 2018 page 42 of 64 43 with, neither the question of applicability of ..... page 43 of 64 44 (v) it is submitted that in case of works contract service also, the assessment can be done under the provisions of section 67 of the finance act, 1994 and that valuation methods prescribed under rule 2a or composition scheme are merely options provided to the assessee; (vi) therefore, the benefit of cenvat ..... in respect of works contract service and it is not mandatory to adopt the said rule under composition scheme for discharge of service tax liability. (iv) section 67 of the finance act, 1994 provides for arriving at assessable value which states "subject to the provisions of this chapter, where service tax is chargeable on any taxable service .....

Commissioner of Income-tax, Haryana Vs. M/S. Krishna Copper Steel Roll ...

Court : Supreme Court of India

Reported in : AIR1992SC422; (1991)3CompLJ367(SC); (1991)100CTR(SC)114; [1992]193ITR281(SC); JT1991(4)SC350; 1991(2)SCALE1014; 1992Supp(1)SCC732; [1991]Supp2SCR187

..... the purposes of construction, manufacture or production of any one or more of the articles or things specified in the list in the fifth schedule. the finance act of 1966 substituted a new concession to these priority industries basic to the commercial development of the coummunity. this historical background reflects the intention of the legislature ..... of these is state of madhya bharat v. hiralal, (1966) 17 s.t.c. 313. this case arose under the madhya bharat sales tax act. under section 5 of the said act, two notifications had been issued. the first notification exempted from sales tax certain listed goods, one of which was 'iron and steel', while the ..... included plates, coils, sheets, circles and strips. the extrusions were manufactured in the shape of bars, rods, structurals, tubes, angles, channels and different types of sections. this conclusion was upheld by this court. the court referred to the history of the notifications issued by the state government from time to time in this behalf .....

Star India (P) Ltd. Vs. Cce

Court : Supreme Court of India

Reported in : (2006)201CTR(SC)63; [2006]280ITR321(SC)

..... (appeals) on the appellants on this ground.10. besides, if the liability has been created under the amended section by virtue of sub-section (2) of section 148 of the finance act, 2002, it must be given effect to wholly. the section expressly makes the assessee liable under the amended provision to pay the tax within the period of 30 days from ..... . the effect of the amendment, inter alia, was to make an agent, such as the appellant, liable to pay service tax as broadcaster. a validation section was introduced, in the finance act, 2002, which reads as follows (see (2002) 255 itr 62) :'any action taken or anything done or omitted to be done or purported to have been taken ..... interest on the amount which it was required to pay by reason of the 2002 amendment, only in terms of the validation section, i.e., after the expiry of 30 days from the date on which the finance act, 2002, received the assent of the president. the ground on which the tribunal rejected the appellant's prayer was that the .....

Commissioner of Income-tax, Patiala and ors. Vs. Shahzada Nand and Son ...

Court : Supreme Court of India

Reported in : AIR1966SC1342; [1966]60ITR392(SC); [1966]3SCR379

..... bench confirming that of dua, j. 4. at the outset it will be convenient to read the material provisions of s. 34 of the act as amended by the finance act, 1956, and by the income-tax (amendement) act, 1959. section 34. (1) if - (a) the income-tax officer has reason to believe that by reason of the omission or failure on the part of ..... -s. (1)(a) might be issued at any time notwithstanding that at the time of the issue of notice the period of 8 years specified in that sub-section before its amendment by the finance act, 1956, had expired in respect of the year to which the notice related. this amendment was necessitated by the judgments of the bombay and calcutta high courts ..... of 8 years governed a notice under sub-s. (1)(a). but when that bar of limitation war removed, sub-s. (1a) had become otiose. 20. sub-section (1b), as a amended by the finance act of 1956, also throws some light on the interpretation of s. 34. before it was amended, an assessee to whom a notice had been issued under sub .....

Commissioner of Income-tax, West Bengal I and anr. Vs. Allahabad Bank ...

Court : Supreme Court of India

Reported in : AIR1969SC1058; [1969]73ITR745(SC); (1969)2SCC143; [1969]3SCR722

..... to do so, in determining the paid-up capital within the meaning of the explanation to paragraph of the finance acts 1956 and 1957 the share premium within the reserve could not be taken into account. the relevant clauses of section 78 of the companies act i of 1956 provide :(1) where a company issues shares at a premium, whether for cash or otherwise ..... that the company failed to comply with the statutory injunction contained in clause (1) of section 78 and on that account the premium received were not 'standing to the credit of the share premium accounts within the meaning of the explanation to paragraph d in the finance act 1956 may be rejected on a simple ground.10. in the assessment year 1956-57 .....