Judgment Search Results Home > Cases Phrase: finance act 1978 section 39 amendment of act 6 of 1898 Page 4 of about 48,232 results (0.471 seconds)

Cit Vs. Asoka Betelnut Co. (P) Ltd.

Court : Chennai

Reported in : [2003]127TAXMAN331(Mad)

..... its sweep all the assets whether commercial or non-commercial belonging to the closely held companies listed in sub-section 3 of section 40 of finance act.8. inasfar as the items of assets mentioned in sub-section 3 of section 40 of the finance act are concerned, clause (v) deals with the land other than agricultural land. clause (vi) deals with ..... purposes of its business. the commercial complex owned by the assessee is not one of the excluded items mentioned in clause (vi) of sub-section 3 of section 40 of the finance act. the latter part of the same clause only deals with the building let out to employees and it has no application. the submission of ..... for an earlier assessment year though rendered subsequently, took a different view holding that the same property was liable to be taxed under the provisions of section 40 of the finance act.4. the assessee is a private limited company dealing in manufacture and sale of betelnut as also managing the business of real estates, office premises .....

Smt. Smitha Shetty, Shri Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : (2003)(89)ECC92

..... therefore, there was a delay of 139 days while paying the service tax for the above said period and accordingly, the assessee had contravened the provisions of sec. 68 (2) of the finance act, 1994. the show cause notice has been adjudicated by the deputy commissioner of central excise, bangalore-ii and vide his order dtd. 14.5.2001, ..... the same grounds stated above.4. similarly, in appeal no. st/10/02, the commissioner in the review proceedings has enhanced to rs. 17,985/- under sec. 76 of the finance act as against a penalty of rs. 250/-imposed by the adjudicating authority.5. similarly, in appeal no. st/15/02, the commissioner in review proceedings has enhanced ..... all these cases, the commissioner has reviewed on the ground that from the language used in the construction of the statute, there is no doubt from the sec. 76 of the finance act, 1994 stipulates certain minimum penalty incase there is an infraction of law. such minimum penalty cannot be less than rs. 100/- per day of delay but .....

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 .....

Ramsar Tex Private Ltd. Vs. Cce (St)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

..... contested by the party. the original authority dropped the demand. but the revisional authority confirmed the demand of tax under section 84 of the finance act, 1994. hence the present appeal. the question whether, under section 73 of the finance act, 1994, service tax could be demanded from a recipient of gto service for the aforesaid period was settled in the ..... to pay service tax on the gto service received by them during the above period as the demand of tax was raised beyond the time limit prescribed under section 73 of the finance act, 1994 as amended. learned appellate commissioners relied on the tribunal's judgment in l.h. sugar factories ltd. v. cce meerut ii , wherein it ..... that a person receiving taxable service from gto/c&f agent was not covered by the provisions of section 70 & 73 of the finance act, 1994 and that any demand notice issued to such a person by the department under section 73 was not maintainable. the tribunal had also held that the above legal position did not get .....

Assam Brook Ltd. Vs. Union of India (Uoi) and ors.

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 .....

Ahmedabad Manufacturing and Calico Printing Co. Ltd. Vs. Commissioner ...

Court : Gujarat

Reported in : (1982)25CTR(Guj)263; [1982]137ITR616(Guj)

..... under :2. 'computation of qualifying income. - (1) where the total income of an assessee referred to in sub-clause (i) of clause (a) of sub-section (5) of section 2 of the finance act, 1964 (5 of 1964), includes any profits and gains derived from the export of any goods or merchandise out of india, the amount of such profits and gains ..... is the export of goods, the assessee-company must succeed.in cochin company v. cit : [1978]114itr822(ker) , the kerala high court dealt with the words 'derive profits and gains from export of goods' used in s. 2(5)(a)(i) of the finance act, 1966. the provision which was considered by the kerala high court was identical with the provision ..... by the kerala high court in cochin company v. cit : [1978]114itr822(ker) and by the bombay high court in hindustan lever ltd. v. cit : [1980]121itr951(bom) . in our opinion, the word 'derive' to be found in s. 2(5)(a)(i) of the relevant finance act will have to be given a meaning consistent with what was decided in .....

Greenply Industries Ltd. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2006)(111)ECC151

..... having noticed the loophole in the provisions, a further amendment was brought by the finance act, 2003. section 158 of the finance act, 2003 retrospectively amended the section 68 and sought to insert a new section 71a in the finance act, 1994, with retrospective effect. the section 158 would read as under: 158. during the period commencing on and from ..... the interest sought to be recovered from the appellants, relying upon section 116 and 117 of the finance act of 2000, which amended section 65 of finance act, 1994 retrospectively.the said section 116 & 117 read as under: section 116 and 117 of the finance act, 2000 amendment of act 32 of 1994. 116. during the period commencing on and from ..... . as there was no action initiated for the recovery of interest from the appellants, the department's contention that he case is covered under section 117 of finance act, 2000, miserably fails. if no attempt was made during the relevant period to raise any demand, the said action cannot be validated by .....

Mount Shivalik Industries Ltd. Vs. Cce and C

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... . having noticed the loophole in the provisions, a further amendment was brought by the finance act, 2003. section 158 of the finance act, 2003 retrospectively amended the section 68 and sought to insert a new section 71a in the finance act, 1994, with retrospective effect. the section 158 would read as under: 158. during the period commencing on and from the ..... set aside the same.5. in respect of the interest sought to be recovered from the appellants, relying upon section 116 and 117 of the finance act of 2000, which amended section 65 of finance act, 1994 retrospectively.the said section 116 & 117 read as under: 116. during the period commencing on and from the 16^th day of ..... period. as there was no action initiated for the recovery of interest from the appellants, the department's contention that he case is covered under section 117 of finance act, 2000, miserably fails. if no attempt was made during the relevant period to raise any demand, the said action cannot be validated by taking .....

Tata MaIn Hospital Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2008(2)JCR174(Jhr)]

..... the person to whom such transfer, delivery or supply is made;18. in the light of 46th amendment the definition of sale within the meaning of section 2 (t) of bihar finance act, was amended.19. now, let us examine the decisions cited by the parties.the first decision cited on behalf of the petitioner is the case of ..... the definition of business of selling goods and the petitioner cannot be said to be a 'dealer' as defined under section 2 (e) of the bihar finance act, 1981. he further submitted that under section 2 (e) of the bihar finance act a 'dealer' must be a person who carries on business of buying, selling or supplying goods for consideration, whereas ..... which was charged against the head 'pharmacy' relates to sale of medicine. since the said amount was charged for sale of medicines and, therefore, under section 3 of the bihar finance act the same is exigible, because of the fact that no detail regarding sale and purchase of medicines were supplied to the team and, therefore, under the .....

Commissioner of Income-tax, Gujarat-i Vs. Lakhtar Cotton Press Co. (Pv ...

Court : Gujarat

Reported in : [1983]142ITR503(Guj)

..... ?' 3. we proceed to dispose of them by this common judgment. we may, however, state that in reference no. 245 of 1978, the relevant section is s. 2(8)(c) of the finance act, 1974, and except for this difference, in substance, the question involved in that reference is the same because the definition of industrial company in s. 2(8)(c) of the ..... to ginning charges. the ito treated the assessee as an 'industrial company' within the meaning of s. 2(7)(c) of the finance act, 1973. that section in so far as we are concerned, reads as under : 'for the purposes of this section and the first schedule, - ...... (c) 'industrial company' means a company which is mainly engaged - ...... in the manufacture or processing of goods .....