Court : Supreme Court of India
Reported in : AIR1964SC1903; [1964(9)FLR124]; [1964]53ITR466(SC); [1964]7SCR892
..... (1)(b) and became a constitutional obligation of that government; and 4. that on a true construction of the relevant provisions of the income-tax act. s. 13 of the finance act of 1950, and clause 16 of the taxation concessions order 1950, they did not repeal the specific exemption granted to the company by special statutory provisions ..... that the obligations devolving thereby would be fulfilled and therefore the government of india was bound to fulfil them irrespective of the extension of the income-tax act read with the finance act to the state of madhya bharat from april 1, 1950. the high court summed up its conclusion as follows : 1. that the order dated january ..... february 25, 1950. section 60-a was introduced in the income-tax act by s. 19 of the taxation laws (extension to merged states and amendment) act, (no. lxvii of 1949). originally it only applied to merged territories, but when the income-tax act was extended to part b states on april 1, 1950 by the finance act, 1950, s. 60 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC1383; (2006)4CompLJ330(SC); (2006)201CTR(SC)346; [2006]282ITR273(SC); JT2006(3)SC114; 2006(2)SCALE752; (2006)3SCC1; [2006]145STC91(SC); 2006[2]STR161; [2006]152
..... were both services provided by the mobile cellular telephone companies to the subscribers and fell within the definition of taxable services as defined in sections 65(72)(b) of the finance act, 1994. in other words the kerala high court answered all three questions framed by us in the opening paragraph of this judgment, in ..... case, the petitioners contended that the service providers are licencees under section 4 of the telegraph act, 1885 and provide 'telecommunication services' as provided under section 2(k) under the telecom regulatory authority of india act, 1997. service tax is imposed on them under the finance act, 1994 on the basis of the tariff realised from the subscribers ..... neutralized or modified. sub clause (a) is the outcome of new india sugar mills v. commnr. of sales tax : air1963sc1207 and vishnu agencies v. commissioner of sales tax : [1978]2scr433 . sub clause (b) is the result of gannon dunerly & co. : [1959]1scr379 . sub clause (c) is the result of k.l. johar and company v .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC1016; (1961)63BOMLR542; [1960]40ITR142(SC); [1960]3SCR953
..... prescribes the rates of income-tax by its first schedule, and by the seventh sub-section of that section provides : 'for the purposes of this section and of the rates of ..... on the total income as laid down in any central act. the finance act is an annual act prescribing the rate or rates. we are concerned with the finance act, 1951. section 2 of the finance act ..... as modified by the intention or to have treated it as an independent charging section. 8. the liability to tax is imposed not by the finance act but by the indian income-tax act. section 3 of the latter act is the charging section, and it provides that the tax should be collected at such rate or rates .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC171; [1964]53ITR231(SC); [1964]8SCR72
..... years from the end of the assessment year, for initiatingassessment proceedings, and the authority of the income-tax officer to so actis challenged by the assessee. 7. section 18 of the finance act, 1956, is, it is common ground, not givenretrospective operation before april 1, 1956. the question then is, whether theincome-tax officer may issue a notice ..... to be made on a person deemed to be theagent of non-resident person under section 43, this sub-section shall haveeffect as if for the periods of eight years and four years a period of one yearwas substituted.' 5. by s. 18 of the finance act, 1956, s. 34 was extensively amended andclause (iii) of the proviso was ..... substituted by the following proviso : 'provided further that the income-tax officer shallnot issue a notice under this sub-section for any year after the expiry of twoyears from that year if .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC81; [1966]60ITR83(SC); [1966]3SCR84
..... ofthe company preceding the date of liquidation shall be so included.' 11. by the finance act, 1955 the proviso to sub-clause(c) of clause(6a) wasomitted. there was a further amendment made by the finance act, 1956 andclause(c) to the amended section read as follows : ''dividend' includes - (c) any distribution made tothe shareholders ..... in respect of his actualshare of the profits of the previous year. 9. in amending the definition in s. 2(6a)(c) by the finance acts of 1955 and1956, parliament has sought to clarify its meaning and to avoid the argumentwhich was successfully raised in certain cases on the interpretation of thestatute ..... of a company on its liquidation, to the extent to which thedistribution is attributable to the accumulated profits of the companyimmediately before its liquidation, whether capitalised or not;' 12. under act 7 of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC162; [1967]66ITR680(SC); [1967]3SCR833
..... have accrued under the repealed state law, for a 'different intention' clearly appears in section 2 and 13 of the finance act read together as indicated above'. 21. it is true that whether a different intention appears or not must depend on the language and content of s. ..... ) this court held : 'now the question is in what sence has the work 'assessment' been used in section 13(1) of the finance act, 1950. two circumstances may be noticed at once. the long title says that the finance act, 1950, is an act to give effect the financial proposals of the central government for the year beginning on april 1, 1950, and ..... the contrary. in union of india v. madan gopal kabra : [1954]25itr58(sc) while interpreting s. 13 of the finance act, 1950, already extracted above, this court observed at p. 68 : 'nor can section 6 of the general clauses act, 1897, serve to keep alive the liability to pay tax on the income of the year 1949-50 assuming it to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC953; [1963]48ITR186(SC); [1963]Supp2SCR515
..... force of the constitution on january 26, 1950, when rajasthan became a part b state, art. 372 of the constitution applied and the special law continued in force. the finance act, 1950 did not abrogate the special law. therefore, the special law still continues in force and binds the respondents. this is the first line of argument. 11. the second ..... all laws dealing with matters covered by the ordinance in force at its commencement in any part of rajasthan were repealed. one of the questions before us is whether this section had the effect of abrogating the agreement dated april 17, 1941, in case that agreement had the force of law in the state of jodhpur. on november 23, ..... parliament confirms a scheduled agreement, the agreement becomes a statutory obligation and is to be read as if its provisions were contained in a section of the act (see international railway company v. n.p. commission . we fail to see how this principle has any application in the present case. there is nothing to show .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC1759; (1981)23CTR(SC)146; [1981]130ITR244(SC); (1981)3SCC441; [1981]3SCR849
..... the rates specified in paragraph f,of part i of first schedule to the finance act (x of 1965) as if such amount were the total income of the declarantsub-section (8) on which strong reliance is placed, runs thus :(8) an order under sub-section (6) shall be final and shall not be called in question before any court ..... five credits aggregating to rs. 46,250 and records a finding in regard thereto, when the disclosure petitions made by the five creditors under section 24 of the finance (no. 2) act, 1965, had been acted upon by the revenue authorities ?2. if the answer to the first question is in the negative and in favour of the assessee, ..... of opinion, as reflected in the various decisions of different high courts, with respect to the scope and effect of the voluntary disclosure scheme under section 24 of the finance (no. 2) c act, 1965 (the 'act', for short).4. the assessee, messrs. jamnaprasad kanhaiyalal, is a partnership firm. the firm consists of 4 partners, namely, kanhaiyalal and his 3 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC660; 1962(0)BLJR365; [1962]Supp1SCR498; [1962]13STC1(SC)
..... first of april 1950' in the particular context in the preamble, the definition of the word 'dealer' was amended only for one year. nothing has been shown indicating that section (2)(i) of bihar annual finance act intended to effect a temporary amendment in the previous definition of the word 'dealer' in cl(c) of s. 2 of the ..... its members.' 11. the words of this sub-section are very wide and cover the case of the appellant and therefore this point is also without substance and must be rejected. but it was argued that the definition of the word 'dealer' in the act which was amended by bihar annual finance act 1950 is applicable only for the financial year beginning ..... april 1950 and to make further provisions in connection with the finance of this state of bihar'. 12. the preamble cannot limit or change the meaning of the plain words of s. 2(c) of the act which apply to the case of the appellant and therefore the amended section is applicable to the present case. it is an erroneous approach .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(3)BLJR2083; [2005(1)JCR72(SC)]; JT2004(8)SC155; RLW2004(4)SC615; 2004(8)SCALE335; (2004)7SCC642; [2004]137STC389(SC)
..... or any place outside the state for consumption use, or sale therein. [provided that in case of such goods which are liable to tax under section 12(1), of the bihar finance act, 1981, entry of goods shall mean entry of goods into local area from any place outside the state for consumption, use or sale therein.]' 10 ..... vegetable and hydro-generated oil or cement is liable to pay tax under sub-section (2) of section 3 of the ordinance becomes liable to pay tax under the bihar finance act, 1981 by virtue of sale of such scheduled goods, his liability under the bihar finance act, 1981 shall be reduced to the extent of tax paid under the ordinance.'15 ..... ) applies on sales and purchases made inside bihar on and from the date of commencement of the bihar finance act, 1981 and by a dealer to whom clause (b) of the said sub-section applies on such sales and purchases made on or from the date immediately following the day mentioned in the said clause (b).(3) ............(4) ............(5) ............( .....
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