Judgment Search Results Home > Cases Phrase: finance act 1978 section 39 amendment of act 6 of 1898 Page 78 of about 48,232 results (0.417 seconds)

Delhi Cold Storage (P.) Ltd. Vs. Commissioner of Income-tax, Delhi-1

Court : Delhi

Reported in : (1985)45CTR(Del)24; ILR1984Delhi407

..... before the ito, it was claimed that it was an 'industrial company' as defined in s. 2(7)(c) of the finance act, 1973, for purposes of the first schedule thereto. section 2(7)(c) of the finance act, 1973, defines the expression 'industrial company' as under : 'industrial company means a company which is mainly engaged in the business ..... running of a cold storage cannot be said to be involve processing of goods stored therein. 11. the expression 'manufacture of processing of goods' as occurring in section 2(7)(c) of the finance act, 1973, also came up for consideration before the gujarat high court in the case of cit v. lakhtar cotton press co. (pvt.) ltd. : [ ..... was followed. 12. mr. wadhera cited some other judgments, namely, cit v. casino pvt. ltd. : [1973]91itr289(ker) , addl. cit v. chillies export house ltd. : [1978]115itr73(mad) and deputy commissioner of sales tax (law). board of revenue (taxes), ernakulam v. pio food packers : 1980(6)elt343(sc) . in view of the aforesaid decession of .....

Commissioner of Income Tax, Bangalore Vs. Infosys Technologies Ltd.

Court : Supreme Court of India

Reported in : 2008BusLR235(SC); (2008)214CTR(SC)293; [2008]297ITR167(SC); JT2008(1)SC225; 2008(1)SCALE92; (2008)2SCC272

..... option ' was not ascertainable. in our view, clause (iiia) is not clarificatory. moreover, the meaning of the words 'specified securities' in section (iiia) was defined or explained for the first time vide finance act, 1999 w.e.f. 1.4.2000. moreover, the words allotted or transferred in clause (iiia) made things clear only after 1.4. ..... tax, bangalore v. b.c. srinivasa setty : [1981]128itr294(sc) this court held that the charging section and computation provision under the 1961 act constituted an integrated code. the mechanism introduced for the first time under the finance act, 1999 by which 'cost' was explained in the manner stated above was net there prior to 1.4. ..... we also do not find merit in the contention advanced on behalf of the department that section 17(2)(iiia) inserted by finance act, 1999 w.e.f. 1.4.2000 was clarificatory and, therefore, retrospective in nature.11. we quote hereinbelow section 17(2)(iiia), which reads as under:(iiia) the value of any specified security allotted .....

Commnr. of Income Tax-i, Ahmedabad Vs. Gold CoIn Health Food Pvt. Ltd.

Court : Supreme Court of India

Reported in : (2008)218CTR(SC)359; [2008]304ITR308(SC); JT2008(9)SC312; 2008(11)SCALE492; (2008)9SCC622; 2008(2)LC1144(SC); 2008AIRSCW5841; 2008(6)Supreme1; 2008(11)SCALE492.

..... income is a loss. this question has to be considered in the background of the amendment made by finance act, 2002 (in short `finance act') w.e.f. 1.4.2003 in explanation 4 to section 271(1)(c)(iii) of the act. in virtual's case (supra) the department placed reliance on notes on clauses relating to the aforesaid ..... and, therefore, does not operate retrospectively and is applicable only w.e.f. 1.4.2003. the relevant portion in the finance act relating to amendment reads as follows:section 271 of the income tax act provides that the assessing officer or the commissioner (appeals) shall levy penalty in cases of failure to comply with certain notices issued in ..... this court was dismissed in commissioner of income tax v. prithipal singh and ors. : [2001]249itr670(sc) . it is submitted that there is nothing in section 271(1)(c) as amended by finance act to suggest that the amendment is retrospective. the amendment and the explanation 4(a) carried out, enlarged the scope for levying penalty under .....

Tamilnadu Kalyana Mandapam Owners Association Vs. Union of India and o ...

Court : Chennai

Reported in : 2001(133)ELT36(Mad); [2002]253ITR250(Mad); (2001)2MLJ629; 2006[2]STR438

..... . v. union of india : 1997(89)elt247(sc) and in re special courts bill, 1978, : [1979]2scr476 . before going to the case law, it will be better to consider the language of section 65(22) and (23) of the finance act. 58. the objection by learned counsel for the petitioners is that there is no guidance as ..... or crockery and similar articles or accoutrements for any purpose or occasion ;' 39. according to learned counsel from the conjoint reading of section 65(10) and section 65(m) of the finance act, it is dear that when the 'mandap keeper' while providing the services of user of the 'mandap' also supplies directly or indirectly ..... the 'catering service', even that service is charged. learned counsel then invited our attention to the definition of the word 'caterer', which is defined in section 65(10) of the finance act, which reads as under : ''caterer' means any person who supplies, either directly or indirectly, any food, edible preparations, alcoholic or non-alcoholic beverages .....

C.K.P. Mandal Vs. the Commissioner of Central Excise

Court : Mumbai

Reported in : 2006(4)BomCR747; (2006)204CTR(Bom)274; 2006(4)MhLj669; 2006[4]STR183

..... and decoration to the hirer of the appellant's hall (mandap) for official, social and business functions is chargeable to service tax within the meaning of section 65(90)(m) of the finance act, 1994? (ii) whether in the facts and circumstances of the case, the customs, excise and service tax appellate tribunal was right in law in ..... holding that the appellant was rendering catering/decoration services within the meaning of section 65(90)(m) of the finance act, 1994? 2. the senior counsel for the parties agreed that the appeal may be heard and disposed of on the aforesaid two questions at ..... india and ors. : [2004]267itr9(sc) . the madras high court dismissed the writ petition filed by the appellant-association challenging the constitutional validity of sections 66 and 67(o) of the finance act, 1994 and rule 2(1)(d)(ix) of the service tax rules, 1994. the supreme court upheld the judgment of the madras high court. 20. .....

Home Solutions Retails (India) Ltd. Vs. Union of India and ors.

Court : Delhi

..... were amended. for the purpose of better appreciation, the provision that existed prior to the finance act, 2010 and post amendment by the finance act, 2010 are produced below in a tabular form: prior to finance act, 2010 post amendment by finance act, 2010 "section 65 (90a) "renting of "section 65(90a) "renting of immovable property" includes immovable property" includes renting, letting, ..... writ petitions preferred under article 226 of the constitution of india, the constitutional validity of section 65(105)(zzzz) of the finance act, 1995 (for short the 1995 act) and section 66 as amended by the finance act, 2010 (for brevity the 2010 act) is called in question. the matters were initially placed before a division bench wherein the ..... or taxes enumerated in list ii. if it is not, no further question arises." 56. in state of karnataka v. union of india & anr., air 1978 sc 68, it has been held thus: "96. it will be seen that the test adopted in dhillons case (supra) was that if a subject .....

Commissioner of Wealth-tax Vs. Bansidhar Poddar

Court : Kolkata

Reported in : [1978]112ITR957(Cal)

..... by the supreme court in the case of kesoram industries and cotton mills ltd. : [1966]59itr767(sc) also applied in a case where tax was paid under section 68 of the finance act, 1965.21. the last decision cited was madurai district central co-operative bank ltd. v. third income-tax officer : [1975]101itr24(sc) . here the facts ..... babu naidu : [1971]82itr410(ker) were cited and considered.20. the delhi high court agreed with the kerala high court to the extent that under section 68 of the finance act the assessee could compound his income-tax liability in respect of his undisclosed income which he may choose to disclose under the scheme and that by such disclosure ..... the relevant valuation date being the 9th april, 1965.2. the facts found or admitted are, inter alia, that the assessee had made a voluntary disclosure under section 68 of the finance 'act, 1965, on the25th may, 1965. the amount disclosed was rs. 2 lakhs with interest accrued thereon being rs. 3,716. the tax due thereon computed .....

M/S.Malaysian Airlines. M/S.Saudi Arabian Airlines. and ors Vs. the Un ...

Court : Mumbai

..... union of india, 2007 (214) elt 278 (bom); wherein division bench of this court upheld the minimum penalty imposed upon the carrier/airlines under section 38(3) of the finance act. that in these cases, admittedly, the carrier/airlines had failed to make payment of ftt collected within the specified period, as such imposition of minimum ..... ftt. on 2nd september, 2002, a showcause notice was issued to the petitioner proposing to levy interest of rs.5,273/ under section 35a and penalty under section 38(3) of the finance act. they replied the same vide their reply dated 16th september, 2002 and explained the reasons for delayed payment. the deputy commissioner of customs ..... show cause why the ftt short/late paid by them should not be recovered from them and why penalty should not be imposed on them under section 38 of the finance act. the petitioner by their reply dated 22nd july, 1998, replied said showcausenotices, inter alia; submitting that on account inordinate delay in issuing the notices .....

Dalmia Cement (Bharat) Ltd. Vs. Commissioner of Income Tax

Court : Delhi

..... of a tax as mentioned in om prakash (supra).17. we shall first examine the issue as to whether the amendment introduced by the finance act, 1988 in section 43b(a) of the said act was clarificatory in nature or not. we have already noticed the argument of the learned counsel for the revenue based on the budget speech of ..... cess surcharge. the second argument of mr sabharwal was that in any event, a cess was a tax and de hors the amendment introduced by the finance act, 1988, the provisions of section 43b(a) which were clearly applicable insofar as a tax was concerned would also apply to a cess. mr sabharwal placed reliance on the budget speech ..... note of the fact that the high courts of andhra pradesh, madhya pradesh and rajasthan have all taken the view that the amendment introduced in section 43b(a) by virtue of the finance act, 1988 would be prospective in operation and would not apply to assessment years prior to the assessment year 1989-90. those decisions have been rendered .....

Commissioner of Income-tax, Mysore Vs. Bangalore Woollen, Cotton and S ...

Court : Karnataka

Reported in : [1963]48ITR367(KAR); [1963]48ITR367(Karn)

..... (1) had been made by the income-tax officer when the rebate was claimed. the words occurring in those finance acts were : '.... and no order has been made under sub-section (1) of section 23a of the income-tax act, a rebate shall be allowed, at the rate of one anna per rupee on the amount of such excess.' 26. it is also ..... total income, as reduced in the manner specified, exceeded the amount of the declared dividends and that the provisions of section 23a of the income-tax act could not have been made applicable to it. these are the requirements of the finance act, 1955. 6. the assessee company during the relevant period did not distribute its entire total income as dividends. its ..... in that part of clause (1) of the proviso to item b of part 1 of schedule 1 to the finance act, 1955, which reads : '.... and the company is a company to which the provisions of section 23a of the income-tax act cannot be made applicable...' 17. it is clear from this part of the proviso that no company to which .....