Court : Chennai
Reported in : [2002]255ITR339(Mad)
..... -tax officer in the respective assessments in the absence of particulars furnished by the assessee 2. whether on the facts and in the circumstances of the case and having regard to the provisions of rule 9(5) of part iv of the first schedule to the finance act, 1979, the appellate tribunal was right in holding that there was neither an obligation on the assessee to return the net agricultural loss for the earlier years in the assessment of those years nor a duty was ..... express prohibition, an assessee is not to be denied the benefit of set off provided for in rule 9 of part iv of the first schedule to the finance act, 1979, as long as the assessee is able to show that he had incurred loss from his agricultural activities in the earlier assessment years after a computation made in accordance with the requirements of the rules provided in the relevant finance acts and that such loss had not been set off against the agricultural income of earlier years ..... . the fact that the time at which this exercise is to be carried out is subsequent to the enactment of the finance act, 1979, should not, in the absence of any express prohibition, make a difference to the benefitthat can be granted to the assessee which is no less or no more than the benefit which the assessee could have obtained, had he non-agricultural .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1992a; 1986(10)ECC73; 1986(25)ELT849(SC); JT1986(1)SC178; 1986(2)SCALE269; (1986)4SCC66; [1986]3SCR587; 1986(2)LC646(SC)
..... the respondents sought to combat this conclusion by relying on sub-section (4) of section 32 of the finance act, 1979-there being an identical provision in each finance act levying special duty of excise-which provided that the provisions of the central excise and salt act, 1944 and the rules made thereunder including those relating to refunds and exemptions from duties shall, as far as may be, apply in relation to the levy and collection of special duty of excise as they apply in relation to the ..... undoubtedly, by reason of sub-section (4) of section 32 of the finance act, 1979 and similar provision in the other finance acts, rule 8(1) would become applicable empowering the central government to grant exemption from payment of special duty of excise, but when the central government exercises this power, it would be doing so under rule 8(1) read with sub- ..... we propose to refer to the finance act 1979 since that is the finance act which was in operation when the present controversy in regard to the interpretation of the expression 'duty of excise' arose between the assessee and the revenue. ..... section 32 of the finance act 1979 provided as follows:32. .....
Tag this Judgment!Court : Delhi
Reported in : 2000(68)ECC52; 2000LC390(Delhi); 2000(115)ELT622(Del)
..... 2,84,250/- was imposed under section 38(3) of the finance act, 1979 (as amended) for delayed payment of ftt amount of rs. ..... briefly stated the facts are that the petitioner who is engaged in travel business, has been authorised to collect foreign travel tax livable under [sub-section] (1) of section 35 of the finance act, 1979, read with notification no. ..... section 28(3) of the finance act, 1979 is as under :-'section 38(3)every carrier or other person who fails to pay the foreign travel tax to the credit of the central government under sub-section (2) of section 35 shall, in addition to the payment of such tax and the ..... 2,500/- under rule 10a of ftt rules, 1979 (as amended) read with rule 9 of the said rules for late submission of ftt return. ..... as per rule 4 of the ftt rules, 1979 (as amended), the carrier is required to deposit the tax collected in any month into the government treasury form 2 in respect of every month before the expiry of 30 days from the end of the month. ..... 4/ ftt/ 79, dated 16th june, 1979 issued under [sub-section] (2) of section 35 of the said act. ..... 'section 38(5) of the said act is also relevant for the present purposes and is reproduced as under :-'section 38(5).any penalty under this section may be adjudged, collected and paid to the credit of the central government by such authority and in such manner as ..... 14,21,250/- and the penalty imposed works out to almost one fifth of the said amount which is in terms of section 38(3) of the act. .....
Tag this Judgment!Court : Delhi
Reported in : 2004(73)DRJ168; 2004(94)ECC332; 2004(175)ELT89(Del)
..... declined to interfere with the order passed by the assistant commissioner of customs (ftt), new delhi, imposing a penalty of rs.2,07,840/- under section 35a(1) {clarified in the impugned order as section 38(3)} of the finance act, 1979 (as amended){for short the act} read with rule 4 of the foreign travel tax rules, 1979 (as amended), for delay in the deposit of foreign travel tax (for short 'ftt'). ..... was levied on all passengers, embarking on international journeys, by the finance act, 1979. ..... section 38 (as amended) by the finance act, 1997, insofar as it is relevant for the present case, reads as under:'(3) every carrier or other person who fails to pay the foreign travel tax to the credit of the central government under sub-section (2) ..... , passed by the joint secretary to the government of india, ministry of finance, department of revenue, hereinafter referred to as the 'reversionary authority', in petitioner's revision petition filed under section 129-dd of the customs act, 1962, is under challenge in this writ petition. ..... in our view, a default under section 35(2) of the act falls under the first exception carved out in the aforenoted paragraph in ganesh ..... (sc) :'actus non facit reum, nisi means sit read (the intent and act must both concur to constitute the crime). ..... learned counsel for the petitioner that since the alleged delay in depositing the said amount was not on account of any contumacious conduct of the petitioner, penalty under section 38(3) of the act was not eligible.12. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1730; 1986(10)ECC1; 1986(25)ELT473(SC); 1986(2)SCALE15; (1986)3SCC480; [1986]3SCR126; [1986]63STC322(SC)
..... prior to the enforcement of finance act 1979 and after the enforcement of that act they fall under tariff item ..... prior to the enforcement of the finance act, 1979 the central government had, under rule 8, ..... the enforcement of the finance act 1979 the ambit of tariff ..... 34a by the finance act 1979 the scope of that tariff item is restricted to the 15 ..... by the finance act, 1979.17. ..... after the introduction of the finance bill 1979 the central government issued notification ..... until the enactment of the finance bill of 1979, the commodities manufactured by the petitioner would have fallen within the ambit of ..... the finance bill of 1979 introduced changes in ..... us that this circumstance can hardly advance the case of the revenue, because the first schedule to the central exercises and salt act does not appear to have been modelled on the brussels tariff nomenclature. ..... thermometers, lactometers, syringes, eye-wash glasses and measuring glasses could be described as 'glass ware' for the purpose of the orissa sales tax act, 1947 was answered by the orissa high court in state of orissa v. ..... ) under section 35l(b) of the central excises and salt act, 1944 is whether glass mirrors fall under tariff item no ..... it was when the customs tariff act, 1975 was enacted that the first schedule to that act was framed in accordance with the brussels tariff nomenclature, evidently because the progress made in industrial growth and economic development, and the substantial changes in the composition and pattern of india's .....
Tag this Judgment!Court : Allahabad
Reported in : 1982(10)ELT309(All)
..... for human consumption;(b) opium, indian|hemp and other narcotic drugs and narcotics and(c) dutiable goods as defined in section 2(c) of the medicinal and toilet preparations (excise duties) act, 1955.explanation : in this term, the 'factory' has the meaning assigned to it in section 2(m) of the factories act, 1948'.by the finance act, 1979 the exclusions remained as before but the description of the tariff item was modified so as to read : 'all other goods not elsewhere specified. ..... modified by the finance act, 1979 and again by finance act, 1980. ..... made before us on behalf of the petitioners by sri jagadish swarup, their learned counsel: that mixed ground masalas are not excisable goods because they are not specified in the first schedule to the act, secondly that no manufacturing activity is involved in producing these goods; and lastly that these ground masalas are food and hence are exempt from the levy of excise duty under notification no. ..... 68 was introduced by the finance act, 1975 and on its introduction it read as ..... introduced by the finance act, 1975. ..... 'prescribed' as defined in section 3(1) means 'prescribed by the rules under this act' 'excisable goods' as defined in section 2(d) means 'goods specified in the first schedule as being subject to a duty of excise and ..... the petitioner submitted another classification list on 7-7-1979 of exempt goods but by letter dated 30-8-1979 the superintendent, central excise, demanded the execution of a fresh security bond in the sum .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(202)ELT588(Bom)
..... confirmed the amount of interest at the rate of 20% per annum from the date of demand and penalty levied under section 35(a) of the finance act, 1979 and same was adjusted from the collection charges paid during the financial year 1997-98.12. ..... for imposition of penalty under section 38(3) of the finance act, 1979 or rule 10a(1) of ftt, 1979, intention of delayed payment of tax on the part of the ..... sine qua non to the imposition of penalty under section 38(3) of the finance act, 1979 or rule 10a(1) of ftt, 1979. ..... 38(3) of the finance act, 1979. ..... the order passed by the government of india that a minimum penalty has been imposed under section 38(3) of the finance act and so also under rule 10a(1) of the ftt, 1979. ..... this clearly indicates that during that period the petitioner did not act in accordance with foreign travel tax (amendment) rules, 1979 as amended in 1994 in filing the returns and payment of the tax collected from the passengers within the ..... that the petitioners were required under the foreign travel tax (amendments) rules, 1979 as amended in 1994 to collect foreign travel tax (ftt) from their passengers and pay the said tax collected in any month into treasury within 30 days from the end of that month ..... under the provisions of rule 10a(1) of foreign travel tax, 1979 and penalty of rs. ..... the original authority to ascertain whether the show cause notice issued to the petitioner was within six months from the relevant date, as per provisions of section (1) of rule 10a of fit, 1979. .....
Tag this Judgment!Court : Kolkata
Reported in : 1986(24)ELT527(Cal)
..... 35 as it stood before it was deleted by the finance act, 1979.tariff item 35. ..... bajoria that the object behind granting the exemption of bicycle and cycle parts from excise duty was stated by the finance minister in his budget speech for the year 1980-81 in the following words :-'the cycles are the poor man's conveyence.i, therefore, propose to totally exempt cycles and cycle parts falling under item 68 from ..... 1454 wherein it was held that 'it is now well-settled that while interpreting items in statutes like the sales tax acts, resort should be had not to the scientific or the technical meaning of such terms but to their popular meaning or the meaning attached to them by those dealing in them that is to say, to their commercial sense.'33. ..... the reason for granting exemption to 'cycle and cycle parts' as stated by the finance minister in his budget speech is that 'the cycles are the poor men's conveyence'. ..... in my opinion, the phrase 'cycle and cycle parts' as appearing in the notification dated 1st march, 1979 must be understood in the popular sense and in the vernacular of the commercial world at the time the notification granting exemption was issued by the central government. ..... in my opinion, the liability to pay excise duty upon the cycle dynamo lighting sets manufactured by the petitioners will depend upon the wordings of the excise act and the various notifications issued by the government from time to lime. ..... by virtue of an amendment made by the finance bill, 1979, t.i. no. .....
Tag this Judgment!Court : Chennai
Reported in : 1983(14)ELT2184(Mad)
..... ' in view of this amendment and the introduction of explanation 11 by the finance act, 1979, there is now no dispute that after the finance act, 1979, the porcelain shell manufactured by the respondents for being used as components of lighting arresters will not be liable to excise duty under tariff item ..... by the finance act, 1979, an explanation was added to item 23-b which is as follows :- 'explanation ..... all that a bench of the delhi high court held in that case was that it was apparent that the legislative intent for levy and collection of excise duty under the central excise act and the rules was that no duty was leviable on intermediate products if they were not end products by themselves provided the end product was obtained by one continuous uninterrupted integrated process as opposed to distinct or ..... ' from the above decision of the supreme court it is clear that in order to attract excise duty under section 3 of the act the goods that are manufactured must be goods which are ordinarily bought and sold in the market and are known as such to the commercial ..... we deal with the contentions advanced by the learned counsel for both sides, it will be useful to refer to some of the provisions of the act and the central excise rules, 1944 (for short the rules). s. ..... dated 12-9-1970 on the file of the superintendent of central excise, guindy mixed range, madras-32, and quash the order passed on 27-1-1973/5-2-1973 by the ministry of finance, government of india, new delhi, in their order no. .....
Tag this Judgment!Court : Delhi
Reported in : [2008]306ITR159(Delhi)
..... the following question of law has been referred to us by the income tax appellate tribunal ('tribunal') for our opinion under section 256(1) of the income tax act, 1961 ('act') for the assessment years 1978-79 and 1979-80:whether on the facts and in the circumstances of the case, the assessed company was an 'industrial company' as defined in the finance act, 1978/finance act, 1979?2. ..... the assessed preferred an appeal before the tribunal which also came to the conclusion that the assessed is not entitled to the status of an industrial company as defined in the finance act 1978/1979 for the relevant assessment year and, thereforee, is not entitled to a concessional rate of tax.5. ..... on this basis the assessed claims that it is an industrial company as defined in the finance act, 1978/1979 and, thereforee, it is required to pay a lesser rate of tax.3. ..... in that decision, a more or less similar question had arisen with respect to section 80j and section 32a of the act. .....
Tag this Judgment!