Judgment Search Results Home > Cases Phrase: finance act 1982 section 32 consequential amendments to certain sections Page 1 of about 1,554 results (0.258 seconds)

M. Krishna Murthy and ors. Vs. Commissioner of Income-tax, Andhra Prad ...

Court : Andhra Pradesh

Reported in : [1985]152ITR163(AP)

..... be effective from april 1, 1978, by the finance act, 1982, no consequential amendment of s. ..... 10, which was introduce by the finance act, 1982, with retrospective effect from april 1, 1978, the receipt by way of leave encashment paid to the employee at the time of retirement on superannuation is specifically exempted from inclusion in the recipient ..... in connection with the termination of his employer or the modification of the terms and conditions relating thereto; (ii) any payment other than any payment referred to in clause (10), clause (10a), clause(10b), clause(11), clause (12) or clause (13a) of section 10, due to or received by an assessee from an employer or a former employer or from a provident or other fund not being an approved superannuation fund, to the extent to which it does not consist of contributions by the assessee or interest on such contributions ..... [1959]35itr48(sc) for establishing as to whether the receipt of amount by way of leave encashment is relatable to employment, as it is quite apparent from note 6(1)(i) of regulation 29(5) referred to above, that the employee is entitled to certain encashment by surrender of earned leave, which benefit he would leave got but for the employment. ..... the company paid certain amounts in a particular case by way of reimbursement the employee was assessable ..... 10 which directs certain receipts to be excluded from the computation of income. (3) ..... ' certain principles which will be guiding factors in construing the statutory provisions .....

Andaman Timber Industries Ltd. Vs. Collector of C. Ex.

Court : Kolkata

Reported in : 1989(25)LC398(Calcutta),1989(43)ELT41(Cal)

..... from the amended writ petition it also appears that the writ petitioner has further prayed for a declaration that the provisions of section 51 of the finance act, 1982 and the notification being no. 20/82-c.e. ..... 15a(1) as amended by finance act, 1982 with effect from 28-2-1982. ..... further, by section 51 of the said finance act, 1982 the provisions of the aforesaid notification was given retrospective effect from the date on which central excise rules, 1944 came into force. ..... an application for vacating the interim order as granted was made and therein it is disclosed that in the finance act of 1982 by way of insertion of clause (a) under explanation iii of sub-item 1sa(1) artificial or synthetic resin in the form of liquid or pasty including emulsion, dispersion or solution i.e. ..... therefore, it is necessary to find out whether there are goods that is to say, articles as known in the market as separate distinct identifiable commodities and whether the tariff duty levied would be as specified in the schedule, simply because a certain article falls within the schedule, it would not be dutiable under excise law if the said article is not 'goods' known to the market. ..... /or decisions or directives of the respondents concerned contained in the circular dated september 24,1980, the purported notice dated august 18,1981 and the order passed thereon if any, and the order dated august 28, 1981 and to act in accordance with law and for other consequential reliefs, as stated in the writ petition.3. .....

Dai-ichi Karkaria Pvt. Ltd. Vs. Union of India

Court : Mumbai

Reported in : 1995(80)ELT24(Bom)

..... in kasinka trading (supra) the apex court has laid down that the power to exempt flows from section 25 of the act, that just as the notification is issued granting exemption in public interest, it can also be modified or withdrawn in public ..... bharucha contended that the rate at which imports are chargeable to customs duty ought to be determined under section 15 of the customs act provided such imports are not wholly exempted when the goods entered into territorial waters of india. ..... 's supplies as deemed exports with consequential benefits of duty free imports being available to indian ..... public notice was also issued on september 20, 1983 amending the import policy for 1983-84 whereby supplies to o.n.g.c. ..... public notice came to be issued on september 8, 1982 in that regard and express directions were issued for supplies to be made for aforesaid projects by indigenous manufacturers and for issue of special imprest licences, subject to fulfilment of certain prescribed conditions, were to be issued. ..... of india, in exercise of powers conferred under section 25(1) of the customs act and in public interest, by notification no. ..... supplies of diverse products by indian manufacturer to projects financed by international development association or international bank for reconstruction and development or bilateral or multilateral aided ..... granted exemption to import of raw material used for manufacture of chemicals to be supplied to projects financed by ibrd/ida or to goods to be supplied to o.n.g.c. .....

Union of India (Uoi) and ors. Vs. Modi Rubber Ltd.

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)

..... is raised on behalf of the assessee challenging the constitutional validity of the central excise laws (amendment and validation) act 1982 by which parliament sought to lay down certain statutory rules for interpretation for arriving at the true meaning and content of the expression 'duty of excise' in the notifications issued under sub-rule (1) of rule 8 of the central excise rules 1944 and which consequentially had the effect of restricting the meaning and connotation of the expression 'duty of excise ..... from duties, shall, as far as may be, apply in relation to the levy and collection of the special duties of excise leviable under this section in respect of any goods as they apply in relation to the levy and collection of the duties of excise on such goods under that act or those rules as the case may be.the finance acts from 1973 to 1976 also levied auxiliary excise duty on various categories of excisable goods including tyres but the levy of auxiliary excise ..... 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 .....

G.C. Kanungo and D.C. Routray Vs. State of Orissa

Court : Supreme Court of India

Reported in : AIR1995SC1655; 1995(2)ARBLR277(SC); JT1995(4)SC589; 1995(3)SCALE658; (1995)5SCC96; [1995]Supp1SCR510

..... 7 of 1991) was promulgated to amend section 41-a of the arbitration act, 1940 as applicable to the state of orissa and necessary consequential provision was made in such ordinance. ..... since the amounts involved in such awards, besides being unreasonable and assessed improperly and inaccurately for the reason that the one man special arbitration tribunals were not assisted by any technical and finance members as in the case of the arbitration tribunal, put a heavy and undesirable burden on the public exchequer to which the government, in view of its serious responsibility to the people as well as the obligation to the constitution cannot close ..... under the 1982 amendment act, a special provision had been made empowering the state government to constitute arbitration tribunals consisting of three members and referring certain disputes for decision by those arbitration tribunals. ..... member chosen from among the officers of the public works departments of the state government not below the rank of a superintending engineer and a third member chosen from among the officers belonging to the orissa finance service not below the superior administrative cadre in class-i. .....

Ags Entertainment Private Limited Vs. Union of India

Court : Chennai

..... 226 of constitution of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 of the constitution of india declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii and article 14 of the constitution of india. ..... mr.prasad, learned counsel for the petitioner has invited our attention to the brief history of levy of tax on films and historical background of the constitution 46th amendment act, 1982 inserting clause (29a) to article 366 of the constitution to impose tax on the transfer of right to use any goods , thereby to avoid tax evasion by devices by way of lease ..... /2011 & r5 in w.p.483/2011 --------------------------------------------------------------------------------------------- for respondent no.1 : mr.velayutham pichaiya in w.p.28040/2011 cgsc --------------------------------------------------------------------------------------------- for respondent no.1 : mr.n.ramesh in w.p.17223/2013 cgsc --------------------------------------------------------------------------------------------- common order r.banumathi,j challenge in these writ petitions is the vires of the provision section 65(105)(zzzzt) of the finance act bringing within the ambit of 'service tax' certain forms of income generated from ".temporary transfer or permitting the use or enjoyment". .....

G.V.Matheswaran Vs. the Union of India

Court : Chennai

..... 33 w.p.nos.14887, 19322, 20982 and 24804 of 2010 are filed seeking a writ of prohibition prohibiting the respondents from (a) giving effect to the provisions of section 65(90a) read with section 65(105)(zzzz) of the finance act, 1994 as amended by the finance act, 2007 and finance act, 2010 (b) levying or attempting to levy, collect or recover from the petitioner, any service tax under the said provisions and (c) levying or attempting to levy, collect or recover from the land ..... 2013 (4) ctc473 ags entertainment private limited, chennai-83 and others versus union of india and others.the validity of section 65(105)(zzzzt) of the finance act, 1994, bringing within the ambit of service tax, certain forms of income generated from temporary transfer or permitting the use or enjoyment of any copyright as defined in the copyright act, 1957, was put to challenge. ..... 9251 of 2009 are filed seeking to declare the provisions of section 65(90a) and section 65(105)(zzzz) of the finance act, 1994 and the consequential respective show cause notice as ultra vires the constitution of india. ..... that the union government can validly impose indirect taxes like excise duty and customs duty as they are not direct taxes on property or income and since service tax is also an indirect tax, levy on certain exercise/activity, undertaken by the service provider, cannot be termed as tax on property or income; levy of service tax is on the activity of service only and not a tax on property and as such, it can .....

Commissioner of Income-tax, Kerala Vs. K. Srinivasan

Court : Supreme Court of India

Reported in : AIR1972SC491; [1972]83ITR346(SC); (1972)4SCC526; [1972]2SCR309

..... section 2 of the finance act 1971 is to the effect that the provisions of section 2 and of the first schedule to the finance act 1970 shall apply in relation to income tax for the assessment year or as the case may be the financial year commencing on the first day of april 1971 as they apply in relation to income tax for the assessment year commencing on first day of april 1970 with certain modifications set out in the section. ..... on a reference being sought the following question of law was referred to the high court :-whether the words 'income tax' in the finance act of 1964 in sub-section (2)(a) and sub-section (2)(b) of section 2 would include surcharge and additional surchargethe high court answered the question in the negative and m favour of the assessee.3. ..... section 2 of the finance act 1964 which is headed as 'income tax and super tax' provides in sub-section (1) that income-tax and super tax shall be charged at the rates specified in parts i and ii of the first schedule respectively and that in cases to which certain paragraphs of those parts apply these taxes shall be increased by a surcharge for the purpose of the union. ..... although under the act section 4 is the charging section income tax can be charged only where the central act which, in the present case, will be the finance act enacts that income shall be charged for any assessment year at the rate or rates specified therein. .....

Kanoria Industries Ltd. Vs. Union of India (Uoi)

Court : Karnataka

Reported in : 2005(190)ELT295(Kar)

..... have continued to reap the benefit of modvat credit and the petitioner therefore feeling aggrieved by this endorsement as also the provision of section 112 of the finance act, 2000, has challenged the constitutional validity of this statutory provision and for quashing the consequential endorsement and further direction for restoration of the modvat credit entry.4. ..... been deprived of modvat credit to which the petitioners are otherwise entitled to in terms of the rules governing allowing of modvat credit, only because of the provisions of section 112 of the finance act, 2000, the petitioners are entitled to question the legality of this provision and further submits that even the supreme court while disposing of the review petition in the case ..... far as the attach on the provisions of section 112 of the finance act, 2000 on the ground that it is violative of article 14 of the constitution of india is concerned, the argument may not succeed for the reason that the classification that is made is providing or not providing for certain modvat credit concession in respect of all manufacturers ..... validating levy and if there was no occasion, the very provisions of section 112 of the finance act, 2000 cannot be sustained inasmuch as it is the submission of learned counsel for the petitioners that there was no cause of action for the parliament to make such a law, which in effect and substance takes away certain benefits which had accrued to persons like the petitioners in the earlier existing .....

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2007)288ITR226(Hyd.)

..... there is no distinct and independent charge whereby surcharge can be said to have been levied on undisclosed income determined for a block period under chapter xivb.12.72 even otherwise, we find that the finance act(s), prior to amendment in section 113 of the act, did not satisfy the four components which enter into the concept of tax and some of these components are not clearly and definitely ascertainable, in order to be treated as an independent and distinct levy/charge which is ..... in elphinstone's case specific provision was made under section 3 of the finance act, 1963, with a non obstante clause only because the parliament was levying surcharge on certain items of income, which otherwise were not assessable to income-tax. ..... , the hon'ble court came to the conclusion that the department was not justified in taxing the subject.while holding so, the hon'ble court specifically stated that the finance act could have provided that in the income of the previous year certain income which was not made or has not accrued in that particular year should be included and that to accede to that contention, they would require much clearer and much ..... it is not correct to say that, the induction of theory of block period excludes the concept of assessment year and previous years from the whole scheme of chapter xiv-b since clause (a) of section 158b defines "block period" as meaning certain number of assessment years preceding previous year in which search was conducted. .....