Judgment Search Results Home > Cases Phrase: finance act 1978 section 39 amendment of act 6 of 1898 Court: mumbai Page 1 of about 2,741 results (0.091 seconds)

National Rayon Corporation Ltd. Vs. G.R. Bahmani, Income-tax Officer, ...

Court : Mumbai

Reported in : [1965]56ITR114(Bom)

..... of 6 per cent of its capital investment. the scheme, in short, was that when conditions of section 55 of the indian income-tax act were satisfied super-tax was levied at a certain rate mentioned in the finance act. from the amounts so calculated, a rebate was granted to certain companies which satisfied certain conditions mentioned therein ..... construction of the provisions of these two finance act, namely, finance acts of 1956 and 1957, to which we will later advert. the question that first arises for determination is in what circumstances an income-tax officer is empowered to take action under section 35 of the act. on a reading of section 35 it is clear that it is ..... tax officer had jurisdiction to rectify the said mistake in exercise of his powers under section 35 of the act. with respect to the learned counsel for the revenue, we find it difficult to accept the contentions raised by him. by the finance act, 1956, a new scheme has been enacted which was obviously intended for the purpose .....

20 Microns Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... other kaolinic clays, whether or not calcined. in fact the relevant portion of the subheading 2505.10 of the tariff as it stood after enactment of finance act 1990 and before enactment of finance act 1995 was pari materia with heading 25.07 of hsn. the explanatory notes to hsn heading 25.07 provides as under. this heading covers kaolin ..... , the demand made pursuant to the show cause notice dtd 16th september, 2003 for the period 7th february, 2000 to 6th october, 2001 is barred under section 11a of the act & the only ground on which the larger period is invoked is that the appellants did not declare in the declaration that they manufacture calcined china clay and ..... invoke the demand.3.8 in any event, the issue involved in the present appeal relates to the classification of calcined china clay and therefore, the proviso to section 11a(1) cannot be invoked and penalties cannot be imposed as no intent to evade by incorrect classification can be established.3.9 the duty demands are not upheld .....

Indian Hotels and Restaurant Association Represented by Its Treasurer ...

Court : Mumbai

..... furniture, air-conditioning, well-dressed waiters, linen, cutlery, crockery, music on a dance floor, etc.. thus, a new clause (zzzzv) was inserted to section 65(105) of the finance act, 1994 by the finance act, 2011. according to the said clause, the service provided by a restaurant having specified facilities such as air-conditioning and licence to serve liquor, was liable ..... thus, a service tax was payable on 30% of the gross amount charged by the restaurants to its customers. a tax levied under section 65(105)(zzzzv) read with section 66 and section 67 of the finance act, 1994 is a service tax on supply of food and beverages in a restaurant falling under sub-clause (f) of clause 29a of ..... naidu and bros. and others v/s state of t.n. and another. (5) (2002) 127 stc 475 cosmopolitan club v/s tamil nadu taxation special tribunal. (6) (1978) 4 scc 36 northern india caterers (india) ltd. v/s lt. governor of delhi. (7) (1989) 3 scc 634 federation of hotel and restaurant association of india v/ .....

Commissioner of Income-tax, Bombay City I Vs. Army and Navy Stores Ltd ...

Court : Mumbai

Reported in : (1957)59BOMLR518; [1957]31ITR959(Bom)

..... of its working would be and whether in fact it would be assessed to tax or not; and therefore for the purpose of interpreting the proviso to section 10 of the finance act of 1942 mr. kolah asks us to read the expression 'liable to assessment' as meaning that there is a possibility of the profits made by an ..... that liability because it represented to the department that its profits were liable to excess profits tax in the united kingdom. now when the question arose under section 11 (11) of the finance act, 1946, as to how the refund should be brought to tax, the assessee company completely changed its front and took up the attitude that its profits ..... excess profits tax (in the united kingdom) and as such it would appear that the compulsory deposit is not payable in accordance with the fourth proviso to section 10 (1) of the finance act, 1942.' 3. the excess profits tax refund was paid to the assessee company in the accounting year ended 31st august, 1952, and the department brought that .....

The Khatau Makanji Spg. and Weaving Co. Ltd. Vs. Commissioner of Incom ...

Court : Mumbai

Reported in : AIR1956Bom733; (1956)58BOMLR885; ILR1957Bom22; [1956]30ITR841(Bom)

..... 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 parllament has done so then no effective charge can be made on the total income of the previous year of the assessee under ..... under clause (ii) of the proviso to para b of part i of the forest 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, indian income tax act?'we answer the question in the negative. the commissioner to pay the costs.9. reference answered in the negative. ..... contested that in order that this particular provision in the finance act should be effective it must| come within the scope of s. 3, income-tax act, be cause what the finance act does is to effectuate as it were section 3, income-tax act, and when we turn to section 3, which is the charging section, it imposes a charge on the total income of .....

Indian National Shipowners' Association, a Company having Its register ...

Court : Mumbai

Reported in : 2009(5)BomCR369; 2009(111)BomLR1529; (2009)224CTR(Bom)197; [2009]17STJ255; 2009[14]STR289; [2009]19STT408; (2009)22VST293(Bom)

..... , 1994. the service tax provider is entitled to recover the service tax from the service consumer.7. entry (zzzy) was inserted into section 65(105) of the finance act, 1994 by the finance act, 2007. the said entry reads as under:any service provided or to be provided to any person by any other person in relation to ..... that, therefore, the present petition is liable to be dismissed.34. we are concerned here with the scope of entry (zzzy) inserted into section 65(105) of the finance act 1994 by the finance act, 2007. the moot question is what kind of services are covered by this entry. as noticed by us hereinabove entry (zzzzj) was inserted ..... relating to central excise, customs and service tax matters. one of the functions of the 2nd respondent is to issue clarifications under section 378 of the central excise act, 1944 read with section 83 of the finance act, 1994. respondent 3 is the commissioner of service tax and respondent 4 is the additional commissioner (technical) service tax, mumbai. .....

P.C. Joshi, Indian Citizen, A practicing Advocate and Others Vs. Union ...

Court : Mumbai

..... a for advocates, the requirement of issuing such invoices within 14 days of completion of services, the provisions of section 77 of the finance act 1994 and the provisions of section 89 of the finance act 1994 as inserted by the finance act 2011 to the extent they require advocates to issue invoices at all, to issue invoices within 14 days of ..... affected by the imposition and levy of service tax on advocates. 5. it is the case of the petitioner that section 65(105) (zzzzm) of the finance act, 1994 as inserted by the finance act 2009 and substituted by finance act 2011, proceeds to levy service tax on the advocates. the understanding of the petitioner and the association of advocates supporting ..... those which weighed with this court in upholding the mustard oil price control order, 1977 in parg ice and oil mills v. union of india (1978) 3 scr 293 : (air 1978 sc 1296) ought to be applied in this case also. though patent injustice to the operators of stage carriages in fixing lower return on the .....

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 .....

Commissioner of Income-tax, Bombay City - I, Bombay Vs. Army and Navy ...

Court : Mumbai

Reported in : AIR1958Bom23

..... result of its working would be and whether in fact it would be assessed to tax or not; and therefore for the purpose of interpreting the proviso to section 10 of the finance act of 1942, mr. kolah asks us to read the expression 'liable to assessment' as meaning that there is a possibility of the profits made by an ..... that liability because it represented to the department that its profits were liable to excess profits tax in the united kingdom. now when the question arose under section 11 (11) of the finance act, 1946, as to how the refund should be brought to tax, the assessee company completely changed its front and took up the attitude that its profits ..... profits tax (in the united kingdom) and as such it would appear that the compulsory deposit is not payable in accordance with the fourth proviso to section 10 (1) of the finance act, 1942.'the excess profits tax refund was said to the assessee company in the accounting year ended 31st august 1952 and the department brought that refund to .....

M/s. D.P. Jain and Company Infrastructure Pvt. Ltd. Vs. Union of India ...

Court : Mumbai

..... from service tax to management, maintenance or repair of roads in exercise of the powers conferred by sub-section (1) of section 93 of the finance act, 1994 (32 of 1994) (hereinafter referred to as the finance act), the central government, on being satisfied that it is necessary in the public interest so to do, hereby ..... was challenged before the cestat, mumbai. during the pendency of the appeal before the cestat, finance act, 2012 was enacted. by this enactment, sections 97 and 98 have been inserted in chapter v of the finance act, 1994. section 97 of the finance act, 1994 provided for retrospective exemption to activity of management, maintenance and repairs of road with ..... passed final order no. a/1264/13/cstb/c-i dated 29th may, 2013. in this order, the appellate tribunal held that section 97 and section 98 of the finance act, 1994, which provides retrospective exemption to the services, namely, repairs and maintenance of roads and repairs and maintenance of non-commercial governmental .....