Judgment Search Results Home > Cases Phrase: finance act 1978 section 2 income tax Page 99 of about 335,566 results (0.625 seconds)

Additional Commissioner of Income-tax Vs. Abhai Maligai

Court : Chennai

Reported in : [1978]113ITR737(Mad)

..... thus : ' as has been already noticed the explanation in question was introduced in section 271(1) of the act by virtue of an amendment of that section effected by section 40 of the finance act, 1964. it is expressly statedin section 1(2) of the finance act, 1964, that sections 3 to 55 thereof shall be deemed to have come into force only on ..... has indicated such an intention either by express words or by necessary implication. it appears to us to be clear that the two changes introduced in section 271(1) of the act by the finance act, 1964, consisting of the deletion of the word ' deliberately ' which occurred in clause (c) and the insertion of the explanation at the ..... the 1st day of april, 1964. it is, therefore, clear that the intention of parliament was that the amendments in question introduced by section 40 of the finance act were to be effective only from april 1, 1964. the learned counsel for the revenue, however, contends that since the provisions of the explanation relate .....

Deputy Commissioner of Income-tax and anr. Vs. Karnataka Bank Ltd.

Court : Karnataka

Reported in : [2009]316ITR345(KAR); [2009]316ITR345(Karn); (2008)218CTR(Kar)273; 2008AIRSCW1287; 2008(2)SCC475.

..... 36(1)(viia) simultaneously?2. whether the tribunal was correct in applying circular no. 258, dated june 14, 1979, to the assessment year 1993-94 though section 36(2) stood amended by the finance act, 1985, with effect from april 1, 1985?3. for the sake of convenience, facts appearing in i.t.a. no. 480 of 2003 are being ..... part thereof which is written off as irrecoverable in the accounts of the assessee for the previous year.9. section 36(2) specifies certain conditions to be fulfilled for eligibility to the claims under section 36(1). section 36(2)(v) introduced by the finance act, 1985, which is relevant for the purpose of this case, reads as follows:36. (2) in ..... exceeding one and a half per cent, of the aggregate average advances made by such branches, computed in the prescribed manner.6 section 36(1)(vii) and (viia), as it stood after the amendment made by the finance act, 1985, read as follows:36. (1) the deductions provided for in the following clauses shall be allowed in respect of .....

Khivraj Motors Ltd. Vs. Deputy Commissioner of Income-tax and Others

Court : Chennai

Reported in : [1994]205ITR462(Mad)

..... of the obligation to pay wealth-tax, as a consequence of suspension of wealth-tax on companies with effect from april 1, 1960, by the finance act, 1960 (13 of 1960). by section 40 of the finance act, 1983 (11 of 1983), with effect from april 1, 1983, wealth-tax was revived in a limited way on and from the assessment year ..... 1984-85, in the case of closely-held companies. the said section 40 was further amended by the finance act, 1988 (26 of 1988). 2. the petitioner-company owns assets in the shape of property at nandhanam, as well a property at delhi, apart from ..... respondent, dunlop india limited, is a manufacture of tyres, tubes and various other rubber products. by notification dated april 6, 1984, issued by the government of india, ministry of finance (department of revenue), in exercise of the powers conferred on it by rule 8(1) of the central excise rules, 1944, tyres, falling under item no. 16 of the .....

Eastern Safety and anr. Vs. State of Bihar Through the Director Genera ...

Court : Patna

..... further case of the state is that no doubt the registration under the sates tax depends upon the liability to pay tax under the charging section of the bihar finance act after the specified quantum of turn over exceeds. the taxable event of an importing agent/authorised dealer starts from first sale in bihar and ..... was no provision under the jharkhand sales tax act to obtain registration, event though not covered by the charging section. however, the learned single judge held that the state without amending law and without prescribing guideline or making rules under the bihar finance act or jharkhand sales tax act, incorporated the aforesaid condition.27. in the ..... the tenders and in case of having no registration, they can apply through authorised agents or dealers who are registered under the provisions of the bihar finance act with the commercial taxes department, bihar. thus, the restriction on the manufacturing units located outside the state is not putting a total prohibition to carry .....

M/s. Sundaram Motors, Represented by its CFO and Global President-Fina ...

Court : Chennai Madurai

..... 6(3a)(c)(iii) of ccr and proviso to section 73(1) of the finance act, 1994 and interest at the rate prescribed under section 75 of the finance act 1994 and penalty under rule 15(3) of the cenvat credit rules, 2004 read with section 78 of the finance act, 1994 and also penalty under section 77 (2) of the finance act, 1994. 2. the other writ petition in w.p .....

M/S. R.N. Singh Vs. Commissioner of Central Excise, Allahabad

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... (tri-del)], it was observed that inasmuch as the impugned order hold sufficient cause for invokation of section 80 of the finance act, for waiver of penalty, extended time limit is not invokable. 10. by following the ratio of above decisions, i find that inasmuch as the original adjudicating ..... water and power management institute vs. cce, bhopal [2009 (15) str 164 (tri-del)] has held that as the impugned order has set aside penalties under section 80 of the finance act, 1994, the demand confirmed for the extended period cannot be sustained. further in the case of solitz corporation vs. cst, new delhi [2009 (14) str 642 ..... , the same finding would apply for the purpose of limitation and extended period cannot be invoked. 6. learned ar appearing for the revenue submits that section 80 of the finance act is meant only for extending the benefit of non-imposition of penalty on the ground of reasonable cause. the same cannot be referred to or relied .....

Commissioner of Central Excise, Raipur Vs. M/S. Lloyd Tar Products

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi

..... rejected. it is seen that while delivering the judgment of l h sugar factories, the tribunal has taken note of all the amendment carried out by finance act, 2003 introducing amendment in section 73. 8. in view of the above, as the issue stand settled till the honble supreme court, i find no reasons to interfere in ..... filed by the revenue stand listed again. 7. the notice stand issued to the respondent in terms of section 73 of the finance act, 1994. admittedly said notice stand issued after retrospective amendment vide section 115 and 117 of the finance act, 2000 by invoking the longer period of limitation. it may not be out of place to mention here ..... taxable services of goods transport operators are deemed to pay the service tax under section 69 of the finance act, 1994, but liablity to file return is cast on them only under section 71a and not under section 70. they are not covered under section 73 of the finance act. accordingly, they are not liable to pay tax. accordingly, he set aside .....

Commissioner of Income-tax, Bombay Vs. Edulji F. E. Dinshaw.

Court : Mumbai

Reported in : [1943]11ITR340(Bom)

..... he falls within sub-clause (b). no doubt, super-tax is merely an additional duty of income-tax for most of the purposes of the income-tax act, but in section 6 of the finance act the two duties are distinguished. therefore, if it is necessary to answer the question, i should answer it by saying that. on a proper construction of ..... not necessary to be answered. if necessary, i agree that it should be answered as suggested by the learned chief justice. it is clear that under the indian finance act, 1939, by section 6(1) it was provided that for the financial year 1939 the rates of income - tax and super-tax should be as prescribed in the schedule to that ..... on that second question, which seems to me to present no great difficulty. the question turns entirely on the construction of section 6 of the finance act of 1939. that section provides in sub-section (1) :subject tot he provisions of sub-section (2(a) income-tax for the year beginning on the day of april 1, 1939, shall be charged at the .....

M/S. Jmj Constructions, Rep. by Its Managing Partner Vs. the Assistant ...

Court : Chennai

..... any show cause notice had been issued to the petitioner. the petitioner was under the impression that it had paid the entire service tax, in terms of section 73(3) of the finance act, 1994. however, the assistant commissioner of central excise, salem-i division, the first respondent herein, had issued a show cause notice, dated 21.4. ..... second respondent, without considering the facts and circumstances of the case, had refused to condone the delay stating that he does not have the power, as per section 85 of the finance act, 1994, to condone the delay of over three months. accordingly, he had passed the order, dated 27.1.2011, rejecting the appeal filed by the petitioner ..... in view of the submissions made by the learned counsel appearing for the petitioner, as well as the respondents, and on a perusal of the provisions of section 85 of the finance act, 1994, it is clear that there is no power vested in the appellate authority to condone the delay of over six months in preferring the appeal. .....

M/S Sai Fire Vs. Cce, Indore

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... may not be a legally correct order. at the same time, i am of the view that the commissioner should not have exercised the revisionary power under section 84 of finance act, for imposing higher penalty after almost two years of the issue of order. the original adjudication order was issued on 23.9.08. the show cause notice ..... 3. the submission of the appellant is that this is a case where they paid tax on their own and they should have been given the benefit under section 80 of the finance act, 1994. instead the adjudicating authority imposed a small penalty of rs. 5,000/-. because it was a small penalty, they did not contest the matter ..... show cause notice demanding tax and proposing to confirm the demand for tax and also to impose penalty under section 78 of the finance act. 2. the matter was adjudicated and adjudicating authority imposed a penalty of rs. 5,000/-under section 78. this adjudication order was not contested by either side. after about two years, the commissioner invoked power .....