Court : Kerala
Reported in : [2002]126STC475(Ker); 2006[2]STR567
..... goods on which sales tax, coming within the purview of entry 54 of list ii has been paid, cannot be subjected to tax again by the parliament ; the expression 'any service' used while defining the term 'taxable service' in section 65(72) of the finance act, 1994 as amended by finance act, 2001, has to be understood and interpreted in consonance with the legislative competence of parliament, which cannot levy a tax on the sale of sim card as it legitimately lies within the competence of state legislature. ..... tax is leviable under section 67 of the finance act, 1994, as amended by the finance act of 1996, the finance act of 1997 and finance act of 1998. ..... menon that transaction of sale of sim card does not amount to taxable service within the meaning of section 65(72)(b) of the finance act or that it is not exigible to service tax merely because on the sale aspect it becomes exigible to sales tax.41. ..... the contention, therefore, is that the expression, 'taxable service', under section 65(72) of the finance act must be understood as excluding the sale of sim card, the tax on which is within the exclusive province of the ..... far as the definition in the finance act is concerned, all services provided to a subscriber, by the telegraph authority in relation to a telephone connection would fall within the meaning of 'taxable service' defined in section 65(72)(b) of the finance act. ..... 7,40,480 was imposed on the petitioner under section 78 of the finance act, 1994 and a further penalty of rs .....
Tag this Judgment!Court : Kerala
Reported in : (2005)199CTR(Ker)581; 2005(4)KLT947
..... at the outset we may state that in so far as the respondents have not taken up the original orders imposing penalty in appeals before the appellate authority within the maximum period prescribed under section 85(3) of the finance act, 1994, they cannot get the appeals revived and heard on merits by resorting to the discretionary remedy before this court under article 226 of the constitution of india. ..... therefore, we are of opinion that the respondents could not have raised their contentions regarding the imposition of penalty on merits notwithstanding the limitation prescribed under section 85(3) of the finance act, 1994 and dismissal of their appeals on the ground of limitation even in the writ petitions filed under article 226 of the constitution.10. ..... 33,450/-, respectively, along with interest as applicable under section 75, as also penalty under sections 76 and 78 of the finance act, 1994, should not be recovered from them for failure to pay service tax and suppression of the value of taxable service with intent to evade payment of service tax. ..... still less is it the functioning of the courts to form first a judgment on the fairness of an act of parliament and then to amend or supplement it with new provisions so as to make it conform to that judgment. ..... but they have no power to amend or supplement the language of a statute merely because in one view of the matter a subject feels himself entitled to a larger degree of say in the making of a decision than a statute accords him. .....
Tag this Judgment!Court : Kerala
Reported in : (2006)199CTR(Ker)581
..... may state that insofar as the respondents have not taken up the original orders imposing penalty in appeals before the appellate authority within the maximum period prescribed under section 85(3) of the finance act, 1994, they cannot get the appeals revived and heard on merits by resorting to the discretionary remedy before this court under article 226 of the constitution of ..... of opinion that the respondents could not have raised their contentions regarding the imposition of penalty on merits notwithstanding the limitation prescribed under section 85(3) of the finance act, 1994, and dismissal of their appeals on the ground of limitation even in the writ petitions filed under article 226 of the ..... 33,450, respectively, along with interest as applicable under section 75, as also penalty under sections 76 and 78 of the finance act, 1994, should not be recovered from them for failure to pay service-tax and suppression of the value of taxable service with intent ..... still less is it the functioning of the courts to form first a judgment on the fairness of an act of parliament and then to amend or supplement it with new provisions so as to make it conform to that judgment.we do not think that it is necessary to elaborate on the aspect any further since the law as laid down by the supreme court as above ..... but they have no power to amend or supplement the language of a statute merely because in one view of the matter a subject feels himself entitled to a larger degree of say in the making of a .....
Tag this Judgment!Court : Kerala
Reported in : [1964]51ITR33(Ker)
..... i may also indicate that under section 28 of the finance act, 1956, the amendment made by that finance act in the income-tax act by section 4 and clause (b) of section 15 are deemed to have come into force on the last day of april ..... provisions of section 35 (10) were omitted by the 1959 finance act. ..... which substantially make amendments to the indian income-tax act itself, and it is also a matter of common knowledge that very many of the amendments effected in the indian income-tax act by such finance acts, are still to be found in the main statute.from and after 1959, no doubt, the scheme of taxation of companies appears to have been slightly different and the legislature must have been perfectly well aware of the provisions of section 6 of the general clauses act, when the ..... it is the view of the officer again that the provisions of section 35 (10) apparently became unnecessary under the new scheme of company taxation and, therefore, was deleted by the finance act, 1959, the amendment taking effect from april 1, 1960, which again is evidently a mistake for april .....
Tag this Judgment!Court : Kerala
Reported in : [1979]117ITR599(Ker)
..... i.t.act, 1961, which was newly introduced by the finance act of 1965, at the time, it was so introduced, it consisted only of four sections--sections 80a to 80d. ..... section 80e was added by the finance act, 1966 ; and section 80f was added by the finance act ..... to read the requirement that the priority industry must have actually carried on business during the accounting year would be to reduce the ingredient in section 80-ithat it should be enough if the amount sought to be deducted is 'attributable' to a priority industry, to something other than what it ..... 2) act of 1967 on april 1, 1968, and was deleted by the finance act, 1972, with effect from ..... substitution for 8% by the finance act 2 of 1971). 4. ..... and in view of the fact that the industry was not in existence during the accounting year, the income-tax appellate tribunal was justified in holding that the assessee is entitled to relief under section 80-i of the income-tax act for the assessment year 1972-73 ?'2. ..... section 80-i was added by the finance ..... scope for reading the terms of that section and drawing analogies for controlling the clear language of section 80-i of the act. 7. ..... on the language of section 80-i of the act, it is difficult to read into the sectionthe requirement that the priority industry must have actually carried on business ..... to section 28 of the act. ..... act, 1961, and provided for by several sections ..... 'attributable to priority industries', in respect whereof, it was entitled to deduction under section 80a(1) of the act. .....
Tag this Judgment!Court : Kerala
Reported in : [1980]121ITR178(Ker)
..... the question which arose in that case was whether the provisions of section 3, finance act (northern ireland), 1934, were beyond the powers of the parliament of northern ireland. ..... in our opinion, the provision of the finance act travels beyond the ambit of section 3, and if parliament has done so then no effective charge can be made on the total income of the previous year of the assessee under the provisions of the finance act which deals with additional tax on excess dividend.' 12. ..... income, and the total income exceeds five thousand rupees, then, in calculating income-tax under the first proviso to sub-section (5) of section 132 of the income-tax act or in charging income-tax under sub-section (2) of section 174 or section 175 or sub-section (2) of section 176 of the said act or in computing the 'advance tax' payable under chapter xvii-c of the said act, at the rate or rates in force,-- (a) the net agricultural income shall be taken into account, in the manner provided in clause (b) (that ..... without getting into elaborate and subtle details, the arguments against the constitutional validity of the amendment were that the impugned act was beyond the legislative competence of parliament and fell within the province of state legislature under entry 49 of list ii. ..... as a result of the amendment, the capital value of agricultural land was included for the purpose of computing net wealth. .....
Tag this Judgment!Court : Kerala
Reported in : 1996(54)ECC80; [1996]219ITR293(Ker)
..... the assessee would contend that even though the word used is 'manufacture' in section 2(5)(a)(ii) of the finance act, 1966, since the said section refers to industries under the first schedule to the industries (development and regulation) act, 1951, which, in turn, refers to both 'manufacture and production' for the purpose of the finance act, it has to be taken that the word 'manufacture' is used in juxtaposition with the word ..... [1991]191itr656(sc) , the question that came up for consideration before the supreme court was whether running of a cold storage would be an industrial company for the purpose of section 2(7)(c) of the finance act, 1973, and schedule i thereto thus being eligible for concessional rate of tax thereunder. ..... even if the assessee is engaged in processing food, that will not make him eligible for the rebate under section 2(5)(a)(ii) of the finance act, 1966, unless he is engaged in the manufacture of any article. ..... instance of the revenue, the income-tax appellate tribunal has referred the following question of law to this court for opinion under section 256(1) of the income-tax act, 1961 : ' whether, on the facts and in the circumstances of the case, the tribunal was justified in granting relief under section 2(5)(a)(ii) of the finance act, 1966, to the assessee ?'2. ..... the word 'production' is not used in section 2(5)(a)(ii), it has to be taken that the legislature wanted to apply the provisions of the finance act only to cases where there is a manufacture. .....
Tag this Judgment!Court : Kerala
Reported in : [1973]91ITR313(Ker)
..... made is on the basis that section 2(18) read with section 2(41) and section 104 read with section 108 of the act and the provisions of the finance act, 1964 (5 of 1964), authorising levy of super-tax at a rate higher than 25 per cent, of the total income, the finance act, 1966 (13 of 1966), authorising ..... does so reasonably..................the supremecourt has been practical and has permitted a very wide latitude in classification for taxation 'and in weavers constitutional law, article 275, at page 405 :' the fourteenth amendment was not designed to prevent a state from establishing a system of taxation or from effecting a change in its system in all proper and reasonable ways nor to require the states to adopt ..... held (whether singly or taken together) by the government or the reserve bank of india or a corporation owned by that bank ; or (b) if it is not a private company as denned in the companies act, 1956, and (i) its shares (not being shares entitled to a fixed rate of dividend whether with or without a further right to participate in profits) carrying not less than fifty per cent, of the ..... assessable income of a company would be deemed to have been distributed as dividend and be taxable in the hands of the shareholders as income received by them, the section would prevent the members of such a group from evading by the exercise of their controlling power over the company, payment of tax on income that would have come ..... section 23a was included in that act by an amendment .....
Tag this Judgment!Court : Kerala
Reported in : [1977]109ITR596(Ker)
..... is filed, and this having been done after march 31, 1968, the concealment took place after march 31, 1968, that the law at the time of the commission of the offence is the law as it stood after the amendment by the finance act, 1968, and, therefore, the minimum penalty had to be computed according to that law. ..... section 271(1)(c)(iii) of the income-taxact, 1961, before it was substituted by the finance act, 1968, with effect from april 1, 1968, provided that the penalty imposable shall be a sum which shall not be less than 20% but which shall not exceed 1 1/2 times the amount of tax which would ..... the income returned was less than 80%'of the totalincome assessed, the explanation to section 271(1)(c) was attracted, jind asthe act of furnishing inaccurate particulars had taken place after theamendment, penalty proceedings were launched and penalty was imposed.the tribunal held that the amended section would not apply because theassessment year ended before the amendments were effected and that toapply the section in the circumstances, would be to give retrospective effectto it. ..... k.ahamed : [1974]95itr599(ker) the reference to the full bench wason the question whether, on the facts and circumstances of the case, theappellate tribunal was correct in law in holding that the explanation to section 271(1)(c) of the income-tax act, 1961, is not applicable to the case.the facts were that the year of assessment was 1963-64; return was filedby the assessee for the year on september 8, 1966. .....
Tag this Judgment!Court : Kerala
Reported in : (2003)185CTR(Ker)111; [2004]265ITR312(Ker)
..... matter with reference to the external aid such as speech made by the finance minister regarding the scope of section 40 of the finance act, 1983, the amendment to section 40(3), clauses (i), (v) and (vi) and the memorandum explaining the amendment, the position will be the same. ..... as amended by the finance act, 1988, it is clear that it is a self-contained provision so far as closely-held companies are concerned and resort to the provisions of the wt act is required only for the limited purpose specified in sub-section (5). ..... menon, learned senior central government standing counsel appearing for the appellant submitted that section 40(1) of the finance act, 1983 clearly provided for assessment of closely-held companies to wealth-tax and that the exemption provided under clause (vi) of sub-section (3) of section 40 of the said act did not provide for exclusion of a building used for housing a hospital other than a hospital run mainly for the welfare of its employees and, therefore, ..... revival of levy of wealth-tax in the case of closely-held companies : (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 under the wt act, 1957 (27 of 1957) (hereinafter referred to as the wt act), wealth-tax shall be charged under the wt act for every assessment year commencing on and from the 1st day of april, 1984, in respect of the net wealth on the corresponding valuation date of every company, not .....
Tag this Judgment!