Judgment Search Results Home > Cases Phrase: finance act 1978 section 39 amendment of act 6 of 1898 Court: mumbai Page 2 of about 2,741 results (0.259 seconds)

Great Eastern Shipping Co. Ltd. Vs. Commissioner of Income-tax, Bombay ...

Court : Mumbai

Reported in : [1979]118ITR609(Bom); [1979]1TAXMAN393(Bom)

..... . 9 the relevant extracts from the finance act, 1957, finance act, 1958, and finance act, 1959, and has thereafter held that on a careful reading of the provisions of sub-clause (a) of clause (i) of the second proviso to ..... argument advanced on behalf of the assessee attractive at first glance, but in its view a careful scrutiny of the statutory provisions under consideration, viz., the respective finance acts, would suggest that the contention of the assessee was unsound and was required to be rejected. in its appellate order, the tribunal has set out in para ..... tribunal by the assessee's counsel that when the assessee had no assessable income for the assessment year 1957-58, the question of the application of the finance act did not arise and consequently other provisions in the relevant schedule would not apply. it was further submitted by learned counsel for the assessee that each .....

Collector of Central Excise Vs. Mihir Textiles Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (1990)(30)LC491Tri(Mum.)bai

..... of mind by the assistant collector and they are deliberately invoking sec. 51 of the finance act? (iii) whether the doctrine of tracing of power would be appliable in this case for sustaining the ratio of the judgment of the supreme court in the case of j.k. steels ltd. reported in 1978 (2) elt 355? (iv) whether the ratio of the judgment of ..... the supreme court in the case of state of uttar pradesh v. singhara singh reported in air 1964 supreme court 358 would be applicable and on that basis the show cause notice issued under sec. 51 of the finance act, 1982 could be held ab initio .....

M/S Rochem Separation Systems (i) Pvt. Ltd. Vs. Commissioner of Centra ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... the declaration filed by the applicant was rejected without affording an opportunity of hearing to the applicant. further, we find that as per the provisions of section 73 of finance act, 2010 in case the amount so paid is found to be less that the amount payable, the commissioner has to call upon the assessee to pay ..... are used in or in relation to manufactured of excisable goods and exempted goods. 5. the commissioner of central excise rejected the declaration filed under section 73 of the finance act on the ground that the applicant had not correctly reversed the credit attributable to input services used in or in relation to manufacture of the exempted ..... the period from march, 2005 to november, 2008. 3. the contention of the applicant is that provisions of rule 6 were retrospectively amended by section 73 of the finance act, 2010 and as per the provisions of retrospective amendment in case where the manufacturer is availing credit in respect of the common inputs common input services .....

Coral Cosmetics Ltd. Vs. Union of India (Uoi)

Court : Mumbai

Reported in : 2009[16]STR371

..... daga, j.1. the petitioners seek to challenge the constitutional validity of section 131 and 132 of the finance act, 1999. by section 131 of the finance act, clause (xxviii) was inserted in section 37(b) of the central excise act, 1944 (the act) with effect from 1st march, 1995. by section 132 of the finance act, 1999, sub-rule 57-f(17) as inserted by central excise ..... assessee had a vested right in the credit balance which was not taken away by substantive legislation. this lacunae came to be removed by sections 131 and 132 of the finance act, 1999 and said sections have only made small repairs by adopting permissible mode of legislation.31. the central government by notification no. 57/97-c.e. ( ..... the provision by which his (sic) (this) vested right has accrued in a manufacturer has not been altered in any manner. in other words, section 131 of the finance act, 1999 has not altered the basis of the judgment of the supreme court since it does not amend rule 57-a as such in his submission, .....

Godrej and Boyce Mfg.Co.Ltd. Mumbai. Vs. Commissioner of Income Tax,

Court : Mumbai

..... apportionment of expenditure was permissible when the non taxable income arose from a separate business or under a different head of income.enactment of section 14a :19. by the finance act of 2001, parliament enacted section 14a with retrospective effect from 1 april 1962 to amend the law by taking away the basis of the judgments of the supreme court ..... shall come into force from the date of their publication in the official gazette. this by itself is not conclusive. secondly, prior to the insertion of section 14a by the finance act of 2001 the supreme court had held in its decisions in indian bank, maharashtra sugars and rajasthan state warehousing corporation (supra) that in the case ..... give due regard to all the facts and circumstances of the case. the change which is brought about by the insertion of sub sections (2) and (3) into section 14a by the finance act of 2006 with effect from 1 april 2007 is that in a situation where the assessing officer is not satisfied with the correctness of .....

Court : Mumbai

..... the cestat. 39. in support of the above submissions mr.sridharan has placed reliance upon the following materials:- (1) section 64 of the finance act, 1994, (2) section 65(105) of the finance act, 1994, (3) sections 66, 66a of the finance act, 1994, (4) the export of service rules, 2005 as amended from time to time, (5) the taxation of ..... doubt is raised that the service provided by the subsidiaries on site is provided outside india, but such doubt overlooks the deeming provision of section 66a of the finance act, 1994. that section not only deems the receiver of service as provider of service, but also deems that the recipient himself has provided the services in ..... provided by the appellants fall under the taxable service of information technology software service (hereinafter referred to as itss ) vide clause zzzze of sub section (105) of section 65 of the finance act, 1994. the said services became taxable w.e.f. 16.05.2008. this is the output service of the appellants and appellants are .....

Shree Mulchand Co. Ltd. Vs. Commissioner or Income-tax

Court : Mumbai

Reported in : (1986)51CTR(Bom)195; [1986]162ITR764(Bom)

..... qualities, blending the same by mixing one type with another and selling it, was entitled to be considered as an 'industrial company' within the meaning of section 2(7)(c) of the finance act, 1978.10. in cit v. lakhtar cotton press co. (pvt.) ltd. : [1983]142itr503(guj) , a division bench of the gujarat high court pointed out ..... [1984]145itr387(cal) , the calcutta high court was called upon to consider the meaning of the term 'processing' used in the definition of 'industrial company' in section 2(7)(c) of the finance act, 1978. after analysing the decision of the supreme court in the case of chowgule & co. pvt. ltd. v. union of india : 1985ecr263(sc) , and on ..... claim of the assessee. the reference arises form the aforesaid decision of the tribunal.3. the material part of clause(c) of sub-section(6) of section 2 of the said finance act runs as follows :'industrial company' means a company which is mainly engaged in the business of generation or distribution of electricity or any other .....

Bhawanidas Binani Vs. Commissioner of Wealth-tax

Court : Mumbai

Reported in : [1980]124ITR783(Bom)

..... , k. babu naidu v. wto : [1978]112itr341(ker) . the division bench of the kerala high court has observed whilst allowing the appeal that if the provisions of section 68 of the finance act, 1965, are read along with section 4 of the i.t. act, 1961, the irresistible conclusion would be that the finance act, 1965, only provided the rate of tax ..... conclusion reached in favour of the assessee is the decision of the calcutta high court in cwt v. bansidhar poddar : [1978]112itr957(cal) . in the said decision, it was observed by the calcutta high court that section 68 of the finance act, 1965, did not impose an entirely new tax or a new charge. in bansidhar poddar's case ..... : [1978]112itr957(cal) , the calcutta high court considered the decision of the gujarat high court in ahmed ibrahim sahigara's case : [ .....

Commissioner of Income-tax Vs. Lokmat Mews Papers Pvt. Ltd.

Court : Mumbai

Reported in : [1995]216ITR199(Bom)

..... is placed before the specified date and that it is immaterial as to who placed the order-the assesses or its predecessor-in-interest. section 16(c) of the finance act clearly requires that the benefit of continuance of development rebate would be available only if the assesses furnishes evidence to the satisfaction of the ..... of the above contract, the machinery was purchased by it and installed in its business. according to the assesses, the expression 'assesses' appearing in section 16(c) of the finance act, 1974, includes the predecessor-in-business of the assesses. on the other hand, the contention of the revenue before the tribunal was that the assesses ..... of the assesses and, being of the opinion that the assesses-company was not entitled to development rebate in view of section 16(c) of the finance act, 1974, initiated proceedings under section 263 of the act and after hearing the assesses, passed an order directing the income-tax officer to withdraw the development rebate of rs. 1 .....

Gilbs Computer Limited (Formerly Gold Fish Computers P. Ltd.) Under Co ...

Court : Mumbai

Reported in : (2009)226CTR(Bom)19; [2009]317ITR159(Bom); [2009]184TAXMAN342(Bom)

..... filing of a large number of unnecessary appeals thus slowing down the disposal of the appeals and, hence, it was decided to enhance the limit.section 253(6) was once again amended by the finance act, 1999 and clause (d) was inserted in subsection (6). the object behind the amendment was explained in circular no. 779 dated 14th ..... lakh or less the fee payable would be rs. 1,500/. the circular explaining the provisions of the finance act, 1992 (see 198 itr(st.) @ 50) being circular no. 636 dated 31st august 1992 states thus:52 - the finance act has amended section 253 enhancing the fee to be paid for filing appeals before the incometax appellate tribunal. under the pre ..... which fee was increased to rs. 125/by the taxation laws (amendment) act, 1970 with effect from 1st april 1971. section 253(6) was thereafter amended once again and the quantum of the fee was increased to rs. 200/by the finance act, 1981.10. the finance act, 1992 changed the manner of computing the fee and it was provided that .....