Court : Supreme Court of India
Reported in : AIR1999SC3097; 2000(1)BLJR178; JT1999(6)SC120; 1999(5)SCALE54; (1999)7SCC76; [1999]115STC358(SC)
..... here the incidence of taxation is on the purchase of sugar cane, as in the finance act. this section nowhere says that the levy of purchase tax therein is in addition to the levy under the finance act. therefore, it is seen that this act specifically provides for levy of purchase tax on sugarcane and it is not applicable to levy ..... , and a further endeavour will have to be made to find out whether section 49 of the sugarcane act excludes the applicability of the levy under section 4 of the finance act. on a perusal of the provisions of the above acts including the objects of the two acts, it could be seen that the two enactments in question contemplate levy of ..... this argument to repel the contention of the appellant that the tax collected under section 49(1)(b) of the sugarcane act is the same as is contemplated under section 4 of the finance act but confined to sugarcane. a perusal of section 49(8) of the sugarcane act shows that a part of the amount of purchase tax collected under its .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(3)BLJR1804; [2004(4)JCR189(SC)]; JT2004(7)SC138; 2004(7)SCALE146; (2004)7SCC242; [2004]137STC93(SC)
..... , therefore, he approved the issuance of certficate.10. however, the commissioner of commercial taxes, jharkhand, initiated suo motu revision purporting to act under section 46(4) of the bihar finance act against the said approval granted by the joint commissioner and after an inquiry and hearing the parties concerned, came to the conclusion that the ..... continue till a period of 8 years from the date of production.6. on 2.3.2000 exercising the power conferred under sub-section 3(b) of section 7 of the bihar finance act, 1981, an amendment was brought about in the notification which came into existence pursuant to the industrial policy of 1995. this ..... date of commencement of production by such units located in category 'b' districts. in pursuance of the said policy, necessary exemption notifications under section 7 of the bihar finance act, were also issued.3. the appellant having noticed the incentives offered by the state government, by letter dated 30.4.1997 intimated the then .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1389; [1961]42ITR711(SC); [1962]1SCR512
..... , it is submitted, was not competent to levy the surcharge. 3. provision for surcharge was made under s. 8(1) of the finance act, 1942 (act xii of 1942). this section may now be quoted :- section 8(1) 'subject to the provisions of sub-sections (2) and (3), - (a) income-tax for the year beginning on the 1st day of april, 1942, shall be charged at ..... form part of the revenues of the federation.' 6. it was submitted that according to this section the power of the federal legislature to impose a surcharge was only for federal purposes; that by s. 8(1) of the finance act, 1942, and similar provisions in the other finance acts of the three following years, the surcharge had been levied 'for the purposes of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC2406; [1971]82ITR607(SC); (1972)4SCC382; [1972]1SCR780
..... statement of the case and referring the following question of law to the high court:whether in view of section 19(4) of the finance act, 1959 (as amended by the finance act, 1960) there was any obligation to deduct tax under section 18(3d) and (3e) from the dividends declared on february 9, 1960 and may 30, 1960 ..... of the assessee and against the revenue.7. the whole controversy centers on the true interpretation of section 19(4) of act 12 of 1959 as amended by the finance act of 1960. the assessee claimed that that section was enacted to give exemptions with regard to such dividends which were in respect of the earlier years ..... exemption was provided from the operation of the provisions of the amended sections under certain circumstances by section 19(4) of act 12 of 1959. that provision as amended retrospectively by the finance act, 1960 was in the following terms:notwithstanding anything contained in sub-section (2) or sub-section (3), in relation to dividend declared or payable by a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1968]67ITR89(SC); [1968]1SCR30
..... added sub-section (3) to s. 14, whereby it was enacted, inter alia, that :- 'the tax shall not be payable by a co-operative society, ..... behalf of the assessee, or in respect of any interest payable on money borrowed for the purpose of investment in the securities by the assessee. the parliament by the finance act, 1956 amended the first proviso, and added and explanation to s. 8 providing for the computation of the sum reasonably spent for the purpose of realising interest and of ..... to in section 12 of the indian income-tax act'. 9. by the notification, profits of a co-operative society were exempt from tax, but those profits were not to include any income, profits or gains from securities of the nature referred to in s. 8 of the indian income-tax act. the legislature by s. 10 of the finance act of 1955 .....
Tag this Judgment!Court : Supreme Court of India
..... of commercial taxes (administration) about his observations. pursuant to this joint commissioner of commercial taxes (administration) initiated the proceeding suo motu under section 46(4) of the bihar finance act, 1981 and issued notice no. 850 dated 06.09.2007 directing respondent to furnish the complete sets of books of account, in order ..... his observations. the joint commissioner of commercial taxes (administration), dhanbad division, dhanbad [appellant no. 4] then initiated the proceeding suo motu under section 46(4) of the adopted bihar finance act, 1981 [now repealed] and issued notice/memo no. 744 dated 1.8.2007 directing the respondent to furnish the complete sets of books ..... revision proceedings, after which respondent filed an amended petition before the high court by bringing the fact that the revision proceedings under section 46(4) of the bihar finance act, 1981 was opened on the basis of an application of the deputy commissioner which is not permitted as per the provisions of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC1908; 1992(61)ELT332(SC); JT1992(5)SC138; 1992(2)SCALE242; 1993Supp(1)SCC489; [1992]Supp1SCR16
..... the department of revenue and banking, specified in the schedule below from the whole of the auxiliary duty of customs leviable on such goods under sub-section (1) of section 4 of the said finance act.xxx xxx xxxschedulexxx xxx xxx198, no. 35-customs, dated the 15th february, 1979.xxx xxx xxx(emphasis added)9. sri gauri shanker murthy, ..... . 41/80 which, to the extent relevant, reads as follows:in exercise of the powers conferred by sub-section (1) of section 25 of the customs act, 1962 (52 of 1962), read with sub-section (4) of section 4 of the finance act, 1980 (13 of 1980) and in supersession of the notification of the government of india in the ministry ..... of finance (department of revenue) no. 27-customs, dated the 12th march, 1980, the central government, being satisfied that it is necessary in the public interest .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1987]168ITR744a(SC); 1988Supp(1)SCC481; 1988(Supp)SCC487
..... and chilled air through air-conditioning apparatus to the lessees in the building under consideration, it was an industrial company within the meaning of section 2(6)(d) of the finance act, 1968 and section 2(6)(c) of the finance acts, 1969 and 1970, as it could be said to have engaged in the manufacture or processing of goods and therefore, the rate of tax .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2007]137CompCas44(SC); 2007(2)CTC848; JT2007(5)SC91; 2007(3)KLT106(SC); 2007(4)SCALE613; (2007)4SCC188; (2007)6VST736(SC); 2007AIRSCW2411
..... ground that there was no sale of ornaments pledged to the bank and that the position of the bank remained unaltered even after introduction of clause (g) in section 2(viii) of the 1963 act vide kerala finance act 1998 dated 29.7.98. ultimately, federal bank ltd. filed o.p. no. 1169 of 2000 in the kerala high court challenging the validity of ..... the facts in c.a. no. 6459 of 2003 filed by federal bank ltd. and ors. v. state of kerala and ors.2. by the kerala finance act, 1998 a clause (g) was inserted in section 2(viii) by which the definition of the word 'dealer' was expanded to cover a bank or a financial institution which, whether in the course of its ..... tax on sale of pledged articles.3. by judgment and order dated 11.4.2002 the single judge held that in view of kerala finance act, 1998, by which clause (g) stood incorporated under section 2(viii) of the 1963 act, the transaction of sale, whether in the course of business or not, would cover auction sale or ornaments pledged with the bank. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC692; [1957]32ITR333(SC); [1957]1SCR1161
..... income-tax officer was not appealable. 4. in order to resolve the controversy, reference may be made to certain provisions of the indian income-tax act, 1922, and the finance act of 1950. section 13 of the finance act provides : s. 13 'if immediately before the 1st day of april, 1950, there is in force in any part b state other than jammu ..... of tax on profits of business for any chargeable accounting period ending on or before the 31st day of march, 1949;' 5. section 13 of the finance act of 1950 shows that the indian income-tax act became applicable to the assessees residing in any part b state as from the assessment years 1950-51 or the accounting year 1949-50 ..... 50 as being assessment year and not accounting year. in another case d.r. madhavakrishnaiah v. the income tax officer [1954] s.c.r. 537] of the finance act of 1950 was similarly interpreted. therefore both for the assessment years 1948-49 and 1949-50 the law applicable would be the patiala income-tax law and not the indian .....
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