Judgment Search Results Home > Cases Phrase: finance act 1978 section 19 amendment of section 155 Page 8 of about 89,378 results (0.430 seconds)

Chhotabhai Jethabhai Patel and Co. Vs. Commissioner of Income-tax, Guj ...

Court : Gujarat

Reported in : (1981)22CTR(Guj)173; [1982]134ITR201(Guj)

..... another angle from which the question can be looked at and it is this. under the finance act of 1965, clause 68, provision was made for voluntary disclosure of income and under sub-s. (6), clause (a), 'any amount declared by any person under this section in respect of which the tax referred to in sub-s. (3) is paid shall ..... 1954-55 to 1964-65. at several places, as we have shown by underlining from the quotation from the statement annexed to the declaration under clause 68 of the finance act of 1965, the assessee made it very clear and specified that the amount of rs. 41.50 lakhs was inclusive of interest on hundi loans. the assessee wrote ..... concerned. then a regular voluntary disclosure petition was made on may 31, 1965, addressed to the commissioner and this was considered as an application under s. 68 of the finance act of 1965 declaring rs. 41.50 lakhs as the amount together with interest. this declaration was accepted by the commissioner and he gave a certificate dated november 25, 1965 .....

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 .....

The Commissioner of Income Tax Vs. Godaveri (Mannar) Sahakari Sakhar K ...

Court : Mumbai

Reported in : (2007)109BOMLR2273; (2007)212CTR(Bom)384; [2008]298ITR149(Bom)

..... 2004-2005. in the face of this material, which are normal aids to construction, it cannot be said that because the second proviso has been omitted by the finance act, 2003 and section 43b is also now covered by the first proviso. the proviso as it now stands has to be read as curative and to be read retrospectively from the first ..... introduction of section 43b by the finance act. as noted earlier the proviso was substituted in 1989 on account of hardship noted. parliament did not do away with the proviso, but only substituted the same. ..... from 1st april, 1984.the learned supreme court also relied on departmental circular no. 550 dated 1st january, 1990 the judgment in r.b. jodha mal kuthrada v. cit (1978) 82 itr 570 and relying on the g.p.singh's principles of statutory interpretation, 4th edition, page 2901 observed that 'it is settled that if a statute is .....

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 .....

Commissioner of Income-tax Vs. Best and Co. (P.) Ltd.

Court : Chennai

Reported in : [1979]119ITR830(Mad)

..... would not be the subject of disallowance under the provision set out above.8. this provision underwent a modification under the finance act of 1964. section 10 of the said finance act provided as follows :' for sub-clause (iii) of section 40(c), the following sub-clause shall be substituted, namely :-- '(iii) any expenditure incurred after the 29th day of ..... the tribunal and what was accepted by the aac and the tribunal was that on the 1st of april, 1964, the new provision inserted by section 10 of the finance act of 1964 had come into force and it is only that provision that could be looked into. as under that provision, there was no restriction ..... control the payment of the remuneration after 28th february, 1963, and before the new provision under the finance act of 1964 provided the contrary. the finance act of 1964 made the modification with effect from 29th february, 1964. thus, in effect, section 40(c)(iii) would continue in force between the 1st march, 1963, and 28th february, 1964. .....

Jindal thermal Power Company Limited (Formerly Jindal Tracteble Power ...

Court : Karnataka

Reported in : (2006)203CTR(Kar)381; [2006]286ITR182(KAR); [2006]286ITR182(Karn)

..... only in view of the provisions of amendment of section 115jb(1) of the finance act, 2002 which is made retrospective with effect from 1.4.2001 and as on 1.4.2001 the petitioner was not liable to pay advance tax cannot be ..... dates i.e. on 15.6.2001, 15.9.2001, 15.12.2001 and 15.3.2002 and having regard to the above finding that the provisions of section 115jb as introduced by finance act, 2000 imposed liability for payment of advance tax on the petitioner. the contention of the learned senior counsel appearing for the petitioner that liability to pay tax arose ..... be the amount of income tax at the rate seven and one-half per cent.16. it is clear from the above said provisions of the act that under the finance act, 2002 the amendment made to section 115jb(1) is as follows:for the words,'the tax payable for the relevant previous year shall be deemed to be seven and one-half .....

The Commissioner of Income-tax, Bombay City Vs. the Khatau Makanji Spi ...

Court : Supreme Court of India

Reported in : AIR1960SC1022; (1961)63BOMLR218; [1960]40ITR189(SC); [1960]3SCR873

..... rate at which income-tax is to be charged upon the total income of the previous year of the assessee. in our opinion, the provision of the finance act travels beyond the ambit of section 3, and if parliament has done so then no effective charge can be made on the total income of the previous year of the assessee under the provisions ..... charged under clause (ii) of the proviso to paragraph b of part i of the first schedule to the indian finance act, 1951, as applied to the assessment year 1953-54 by the indian finance act, 1953, read with section 3 of the indian income-tax act ?' this question was answered by the high court in the negative. 6. in the opinion of the high court ..... , s. 3 of the indian income-tax act lays down the liability to tax, and it puts the tax on the .....

G.D. Builders Vs. Uoi and anr.

Court : Delhi

..... are only completion and finishing services in relation to building or civil structure, referred to in sub-clause (c) of clause (25b) of section 65 of the finance act. explanation.- the gross amount charged shall include the value of goods and materials supplied or provided or used by the provider of the construction service ..... the taxable services provided are only completion and finishing services in relation to residential complex, referred to in subclause (b) of clause (30a) of section 65 of the finance act. explanation.- for the purposes of this notification, the gross amount charged shall include the value of goods and materials supplied or provided or used for ..... provided are only completion and finishing services in relation to building or civil structure, referred to in sub-clause (c) of clause (25b) of section 65 of the finance act, 1994. explanation.for the purposes of this notification, the gross amount charged shall include the value of goods and material supplied or provided or .....

Commissioner of Income Tax Kolkata-iii Vs. Alom Extrusions Limited

Court : Supreme Court of India

Reported in : (2009)227CTR(SC)417; [2009]319ITR306(SC); JT2009(14)SC441; 2009(14)SCALE163; (2010)1SCC489; [2009]185TAXMAN416(SC)

..... 1st april, 1988.15. we find no merit in these civil appeals filed by the department for the following reasons: firstly, as stated above, section 43b [main section], which stood inserted by finance act, 1983, with effect from 1st april, 1984, expressly commences with a non-obstante clause, the underlying object being to disallow deductions claimed merely by ..... the welfare fund right upto 1st april, 2004, and who pays the contribution after 1st april, 2004, would get the benefit of deduction under section 43b of the act. in our view, therefore, finance act, 2003, to the extent indicated above, should be read as retrospective. it would, therefore', operate from 1st april, 1988, when the first ..... out of s.l.p. (c) no. 23851 of 2007].7. prior to the amendment of section 43b of the act, vide finance act, 2003, the two provisos to section 43b of the act read as under:provided that nothing contained in this section shall apply in relation to any sum referred to in clause (a) or clause (c) or clause .....

Cce Vs. Sree Vaidvambigai Textile Mills

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (2005)(120)LC193Tri(Chennai)

..... always to have been valid for all purposes, as validly and effectively taken or done" vide section 117 of the finance act, 2000. later on, the finance act, 2003, made certain amendments to the service tax provisions of the finance act, 1994, whereby the aforesaid assessees were required to present tax returns to the proper officer within ..... raised by the department, in these cases, are far beyond the period of limitation prescribed under section 73 of the finance act, 1994.gujarat carbon & industries ltd. v. cce, vadodara 3. following the above decisions, i uphold the impugned order vacating demands of service tax ..... 2000 in show-cause notices dated 13.5.2002 and 14.5.2003. such demands are not affected by the amendments made to section 65 by parliament under section 116 of the finance act, 2000 and consequently they are hit by the apex court's ruling in laghu udyog bharati (supra). furthermore, undisputedly, the demands .....