Judgment Search Results Home > Cases Phrase: finance act 1978 section 39 amendment of act 6 of 1898 Page 90 of about 48,232 results (0.462 seconds)

Ms Ramchandra Singh Through Its Proprietor Ramchandra Singh Vs. The Un ...

Court : Jharkhand

..... delay is approximately fifteen months. the appeal was preferred after fifteen months from the date of which the order in original was passed. for ready reference section 85 of the finance act, 1994 reads as under: 85. appeals to the [commissioner] of central excise (appeals) [(1) any person aggrieved by any decision or order passed ..... commissioner(appeals) while dismissing the appeals preferred by the petitioners of appeal nos. 107 to 114/ran/2014 as delay was not condonable under section 85(3a) of the finance act, 1994. it has further been submitted by counsel appearing on behalf of union of india that it has specifically been mentioned in the order ..... following facts and reasons:4. (i) order in original was passed by additional commissioner central excise on 31st january, 2013 which is appellable under section 85 (3 a) of the finance act, 1994. the period of limitation is sixty days. delay can be condoned by commissioner (appeals) if there are reasonable reasons. but commissioner (appeals .....

Dilip Kumar Jaiswal Vs. Union of India Through Central Excise and Serv ...

Court : Jharkhand

..... delay is approximately sixteen months. the appeal was preferred after sixteen months from the date of which the order in original was passed. for ready reference section 85 of the finance act, 1994 reads as under: 85. appeals to the [commissioner] of central excise (appeals)- [(1) any person aggrieved by any decision or order passed ..... (appeals) while dismissing the appeals preferred by the petitioners of appeal nos. 107 to 114/ ran/ 2014 as delay was not condonable under section 85(3a) of the finance act, 1994. it has further been submitted by counsel appearing on behalf of union of india that it has specifically been mentioned in the order ..... the following facts and reasons:- (i) order in original was passed by additional commissioner central excise on 31st december, 2012 which is appellable under section 85 (3-a) of the finance act, 1994. the period of limitation is sixty days. delay can be condoned by commissioner (appeals) if there are reasonable reasons. but commissioner (appeals .....

Aeroplane Shoe Factory Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1989)28ITD478(Delhi)

..... which is substantive and not merely procedural. it is only a procedural provision to which retrospectivity can be normally attracted. no doubt, the explanation to section 263(1) as substituted by the finance act, 1988 with effect from 1-6-1988 incorporates the provision regarding partial merger (vide clause (c)) but in the light of what has been ..... which is substantive and not merely procedural. it is only a procedural provision to which retrospectivity can be normally attracted. no doubt, the explanation to section 263(1) as substituted by the finance act, 1988 with effect from 1-6-1988 incorporates the provision regarding partial merger (vide clause (c)) but in the light of what has been ..... madras v. madurai mills co. ltd. air 1967 sc 681; (3) kar-sandas bhagwandas patel v, g.v.shah, ito [1975] 98 itr 255 (guj.) ; (4) poonjabhai vanmalidasv. wto [1978] 114 itr 38 (guj.) ; (5) cit v. sakseria cotton mills ltd. [1980] 124 itr 570 (bom.); (6) smt. gdnga devi v. cwt [1986] 28 taxman 254 (raj.) ; .....

inductotherm (India) Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2002)75TTJ(Ahd.)728

..... judgments relied upon by the learned counsel. the calcutta bench in the case of asstt. cwt v. park hotel (p) ltd. (supra) has held that section 40 of the finance act, 1983 is "a self contained code" for the purpose of levy of wealth-tax for closely held companies and it is not possible to look into the provisions ..... held companies was in fact a levy of wealth-tax under the provisions of wealth tax act. 1957. it may be imperative to reproduce section 40(1) of the finance act, 1983, which reads as under : 40. (1) notwithstanding anything contained in section 13 of the finance act, 1960 (13 of 1960), relating to exemption of companies from levy of wealth-tax ..... appellant under the tax credit scheme only in respect of excise duty for cement levied under the central excise and salts act, 1944, and not in respect of special excise duty levied under section 80 of the finance act, 1965. on a parity of reasoning from the aforesaid decision of supreme court, it was contended by the learned counsel .....

Additional Commissioner of Vs. Hughes Services (Far East) (P.)

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2003)87ITD137(Delhi)

..... 3 of cbdt circular no. 779 dated 14-9-1999 reported as 240 itr page 3 (statute) wherein it has been clarified that the amendment by finance act, 1999 in section 9(1)(ii) would apply to assessment year 2000-01 and subsequent assessment years. the legislature has not said that salary for services rendered in india would ..... mr. salil gupta has vehemently assailed the order of cit(a) by contending that off-period salary is taxable in view of the provisions of explanationto section 9(1)(ii) as substituted by finance act, 1999 which, according to him, is retrospective in operation, being clarificatory/declaratory in nature. it was emphasized by him that the words "for ..... was never within the ambit of main section. accordingly, retrospective effect could not be given to such explanation. since the legislature had given retrospective effect only from 1-4-1979, it could not be given prior to 1-4-1979. hence, such explanation could not be applied to assessment year 1978-79 or any earlier years. the .....

Hindalco Industries Ltd. Vs. the Income-tax Officer (Tds)

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)91ITD64(Mum.)

..... read with explanation (1) thereof, the legislature has expressly indicated that it never intended to exclude clauses (vi) and (vii) from the purview of section 9(1)(i),) by the finance act 1976 with effect from 17.1976.).7. ld. counsel submitted that business includes rendering technical services and, therefore, if no business connection is in india, ..... the learned counsel's first argument is that the legislature while inserting clause (vi) and (vii) of section 9 by the finance act, 1976 did not exclude incomes referred to in the said clauses from the purview of section 9(1)(i) which clearly shows that the legislative intent was not to exclude these clauses from the ..... of and does not admit of such construction. probably, the placement of section 80t is wrong. it ought to have been placed along side section 48, as has since been done by the finance act, 1987, with effect from april 1, 1988. by the said act, section 80t has been omitted and its provisions with certain changes, have been placed .....

Hindalco Industries Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)85TTJ(Mum.)71

..... ) r/w expln. (1) thereof, the legislature has expressly indicated that it never intended to exclude clause (vi) and (vii) from the purview of section 9(1)(i), by the finance act, 1976 w.e.f. 1st july, 1976.7. learned counsel submitted that business includes rendering technical services and, therefore, if no business connection is in india ..... . the learned counsel's first argument is that the legislature while inserting clauses (vi) and (vii) of section 9 by the finance act, 1976 did not exclude-incomes referred to in the said clauses from the purview of section 9(1)(i) which clearly shows that the legislative intent was not to exclude these clauses from the purview ..... capable of and does not admit of such construction. probably, the placement of section 80t is wrong. it ought to have been placed along side section 48, as has since been done by the finance act, 1987, w.e.f. 1st april, 1988. by the said act, section 80t has been omitted and its provisions with certain changes, have been placed .....

A.P.S.E.B. Vs. Joint Commissioner of I.T.,

Court : Income Tax Appellate Tribunal ITAT Hyderabad

..... 185 itr 6; wherein it was held that the circulars issued by the cbdt in the context of explaining the provisions in finance act cannot be considered as a circular within the purview of section 119(1) or (2) of the act, as there was no order or direction or instruction issued in the said circular. .5. he further submitted that the ratio of ..... categorically to be if it is to bind the officials of the revenue. furthermore, the paragraph states that the companies act, 1966, which it explains, has not made any change in section 85a. implicitly, therefore, it refers to the earlier circular explaining the finance act, 1965, paragraph 19 whereof we have already analysed." the interpretation in that case was that no part of that .....

A.P.S.E.B. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2004)85TTJ(Hyd.)30

..... fb), wherein it was held that the circulars issued by the cbdt in the context of explaining the provisions in the finance act cannot be considered as a circular within the purview of section 119(1) or (2) of the act, as there was no order or direction or instruction issued in the said circular.6.5. he further submitted that ..... be if it is to bind the officials of the revenue. furthermore, the paragraph states that the companies act, 1956, which it explains, has not made any change in section 85a. implicitly, therefore, it refers to the earlier circular explaining the finance act, 1965, para 19 whereof we have already analysed." the interpretation in that case was that no part ..... of the term "derived from", he relied on the interpretation of the hon'ble supreme court in a number of cases, the leading one being cambay electricals v. cit (1978) 113 1tr 84 (sc) and pandian chemicals v. cit (2003) 262 itr 278 (sc). he, therefore, submitted that only the profits derived by the undertaking from the .....

Tata Iron and Steel Company Ltd. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2003(4)JCR149(Jhr)]

..... this was followed by the issuance of a notification published on 12.1.2000 as so no. 65, annexure-3 in exercise of power under section'22 of the bihar finance act, 1981. the said notification defined an industrial unit as meaning any industrial project in large and medium scale having approval in the form of letter ..... the department, during the course of arguments, raised a contention that the petitioner has an efficacious alternative remedy by way of revision under section 46(2)(b) of the bihar finance act and the petitioner must be left to pursue that remedy. counsel for the petitioner met this contention by pointing out that in the earlier ..... this court declined to entertain the writ petition and directed the company to invoke the revisional jurisdiction of the commissioner of commercial taxes, under section 46(4) of the bihar finance act. the company thereafter filed a revision before the commissioner of commercial taxes. by order dated 26.3.2003, the commissioner of commercial taxes .....