Court : Guwahati
..... services ; or(c) repair, alteration, renovation or restoration of, or similar services in relation to, residential complex.20. by the finance act, 2005, clause (zzq) of section 65(105) of the finance act, 1994, was amended on june 16, 2005. with the amendment, so made, clause (zzq) reads as under:(zzq) to any ..... be provided to any person, by a commercial concern, in relation to construction service 18. prior to its amendment by the finance act, 2005, clause (30a) of section 65 of the finance act, 1994, which contained the definition of 'construction service', read as under:(30a) 'construction service' means--(a) construction of new ..... namely, superintendent of central excise, to the petitioner, whereby the petitioner-company has been asked to get itself registered under section 69 of the finance act, 1994 (hereinafter referred to as, 'the finance act, 1994'), inasmuch as the petitioner-company has been, according to respondent no. 3, 'providing commercial or industrial construction service/ .....
Tag this Judgment!Court : Guwahati
..... in modi rubber limited (supra), the exemption notifications were issued in exercise of powers under rule 8(1) alone. section 32(4) of the finance act, 1978 is perimeteria with section 157(3) of the finance act of 2003. the notification no. 33/99 does not recite that the exemption granted is in exercise of powers under ..... answered the question in the negative holding that in view of the provisions of section 32(4) of the finance act, 1978, the source of power to exempt the special duty would be traceable to rule 8(1) read with section 32(4) of the finance act, 1978 which would require the exemption notifications to recite and record the said facts. ..... time) on manufacturers of tyres, special excise duty @ 5% of the basic duty was imposed by the finance act, 1978. two exemption notifications under rule 8(1) of the central excise rules (corresponding to section 5a of the present act) were in force exempting the 'duty of excise'. the question that arose is whether special duty of .....
Tag this Judgment!Court : Guwahati
..... be achieved by issuing notification no. 6/2001 to have retrospective effect to amend notification no. 32/1999 from its very inception viz. 8.7.1999. section 154 of the finance act, 2003 retrospectively amended notification no. 32/1999, withdrawing the benefit of exemption to pan masala containing tobacco.6.6.2003 : impugned order issued by the deputy ..... apex court in commissioner of police v. gordhandas bhanji as reported in air 1952 sc 16 and mahinder singh gill v. chief election commissioner as reported in (1978) 1 sc 405 that the issue will have to be decided as it stood at the time of passing of the impugned orders towards judging their validity ..... bearing on the issue on merit. mr. m. bhuyan, learned counsel appearing for the petitioners upon instructions submitted that although a challenge has been put to section 154 of the finance act, 2003, the petitioners would not like to pursue the same in these proceedings. however, liberty was prayed for to make challenge to the same independent .....
Tag this Judgment!Court : Guwahati
..... the notification. the state of bihar approached the supreme court challenging the order passed by the high court. while dealing with the question, the issuance of notification under section 7 of the bihar finance act, the apex court held that - 'it is true that issuance of such notifications entitles the industrial units to avail of the incentives, and benefits declared by the state ..... of the powers conferred by sub-section (1) of section 5a of the central excise act, 1944 (1 of 1944), read with sub-section (3) of section 3 of the additional duties of excise (goods of special importance) act, 1957 (58 of 1957) and sub-section (3) of section 3 of the additional duties of excise (textile and textile articles) act, 1978, (40 of 1978), the central government, being satisfied that .....
Tag this Judgment!Court : Guwahati
..... is whether there is any substantive provision which empowered the revenue to charge interest from the assesee for delayed payment of additional duty of excise payable under section 157 (1) of the finance act 2003 and if so, which is that provision. the answer to this question has to be found by carefully reading the law laid down by the ..... ( 1 ) ibid. in our view, the liability to pay additional duty of excise on tea is created for the first time by section 157 ( 1 ) )of the finance act 2003. however, the finance act of 2003 does not contain any substantive provision to charge/levy interest from the assessee in case if payment of additional duty of excise is not made or ..... . as rightly pointed out by mr. choudhury, learned senior counsel for the petitioner, that even if the expression interest had been mentioned in section 157 (3) of the finance act 2003, yet it would not have improved the case of revenue for sustaining the demand for interest. in our view, it was for the reason that supreme .....
Tag this Judgment!Court : Guwahati
..... the first item which was, however, included in the petition of smt. swati devi. the tribunal held that neither section 68 of the finance act, 1965, nor section 24 of the finance (no. 2) act, 1965, required the commissioner to make any enquiry whatsoever, touching or concerning the sources of the income disclosed or any ..... to the question posed depends entirely on the interpretation of the provisions contained in the act and in particular section 24 of the finance act. section 24 deals with ' voluntary disclosure of income' and consists of 16 sub-sections. sub-section (1) permitted a person to make a declarantion in respect of amounts representing income ..... examine the correctness of the explanation of the assessee whether the production of the declaration and certificate under section 24(15) of the finance act that the declarant voluntarily disclosed the amounts under the act precludes the i.t. authorities from investigating the correctness of the claim or the explanation of the assessee .....
Tag this Judgment!Court : Guwahati
..... therefore, not misplaced.28. in suprabhat steel ltd. : air1999sc303 , the state government issued notification, on april 4, 1994, in exercise of the powers under section 7 of the bihar finance act, whereunder the old industrial units, which had started production prior to april 1, 1993 but whose investments in the plants and machinery had not exceeded rs. 15 ..... held as under:7. coming to the second question, namely, the issuance of notification by the state government in exercise of power under section 7 of the bihar finance act, it is true that issuance of such notifications entitles the industrial units to avail of the incentives and benefits declared by the state government in ..... taken in the industrial policy itself. in this view of the matter, any notification issued by the government order in exercise of power under section 7 of the bihar finance act, if is found to be repugnant to the industrial policy declared in a government resolution, then the said notification must be held to be .....
Tag this Judgment!Court : Guwahati
..... a) or sub-clause (b), as the case may be.' 8. the amendment of sub-clause (ii) of clause (a) of sub-section (1 a) of section 143 by the finance act of 1993 provided for levy of additional income-tax with retrospective effect even where the loss declared by an assessee is further reduced by reason of ..... by a common judgment dated june 12, 1998, disposed of the civil rules holding, inter alia, that the provisions in sub-section (1a)(a) of section 143 of the income-tax act, 1961, substituted by the finance act, 1993, are constitutionally valid, but the retrospective operation given to the provisions therein that additional income-tax is to be imposed ..... way of cash compensatory support became taxable retrospectively with effect from april 1, 1967, but that was by amendment of section 28 by the finance act of 1990 which amendment could not have been known before the finance act came into force. levy of additional tax bears all the characteristics of penalty. additional tax was levied as the .....
Tag this Judgment!Court : Guwahati
..... the entry 4408.90 but falls under the entry 4410.90 as the entry stood in 1989.9. we now turn to the effect of note 5 introduced by the finance act, 1990. note 5 provided in an inclusive definition of the words 'similar laminated wood'. according to this inclusive definition, the expression 'similar laminated wood', in so far ..... a slab. therefore, it was held that such blocks board would fall under entry 4408.90 in the light of note 5 as amended by finance act, 1992.10. in the note 5 introduced by the finance act, 1990 the words 'otherwise glued or joined together' were absent. note 5 therefore took in only block board in which the core is ..... in their contention that 4410.90 was applicable. this dispute arises in these writ petitions except the six referred to in paragraph 2 supra.6. the 1985 act was further amended by the finance act, 1992. note 5 of chapter 44 was amended substituting the words 'glued or otherwise joined together' for the words 'glued together'. the amended note 5 .....
Tag this Judgment!Court : Guwahati
..... nit no. agtatpt/lv geeps)/10/2002 dated february 22, 2002. on the basis of the same nit further work orders were also issued in subsequent years.2. under the finance act, 1994, chapter v was inserted introducing the concept of 'service tax'. cab providers were also brought within the purview of service tax with effect from july 16, 1997. thereafter ..... tax- (1) every stock-broker, the telegraph authority or the insurer who is providing taxable services to any person shall collect the service tax at the rate specified in section 66.(2) ....(3) any person, responsible for collecting the service tax, who fails to collect the tax in accordance with the provisions of sub ..... ) shall, notwithstanding such failure, be liable to pay the tax to the credit of the central government in accordance with the provisions of sub-section (2).7. it was the submission of shri bhowmik, learned senior counsel for the petitioner, that the petitioner being the assessee is the collecting agent of the service tax .....
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