Judgment Search Results Home > Cases Phrase: finance act 1982 section 32 consequential amendments to certain sections Page 11 of about 1,554 results (0.242 seconds)

T. I. and M. Ltd. Vs. Assistant Commissioner of Wealth

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (2000)73ITD180(Chennai)

..... the plea as raised in this appeal is that the said section that was amended by the finance act, 1988 had extended the exemption to the buildings that are owned by the company and used by it for the residence of its employees without any restriction to the salary that are paid to such employees, is to be applied ..... we accordingly reproduce the said section as it was enacted, followed by the amendment that was made by the finance act, 1988. ..... this sub-clause was amended by the finance act, 1988 and it read, "the building or land appurtenant thereto, other than building or part thereof used by the assessee as factory, godown, warehouse, hotel or office for the purposes of its business or as a residential accommodation for its ..... the lawmaker in their amendment made by finance act, 1988 has stated that 'the unintended hardship was noted with reference to the assets that are held as stock-in-trade'. ..... the further plea was that the amendment that was made by the finance act, 1988 was with a view to remove certain unintended hardships caused by the enactment made by finance act, 1983. ..... lawmaker in the proposal to introduce wealth-tax on closely held companies had exempted certain institutions which factor is an indicator that they had consciously provided for the inclusion of certain assets for the levy of wealth-tax and certain other assets and classes of companies have been excluded or exempted. .....

Chennai Telephones (Bsnl) Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (2004)(93)ECC88

..... to the customers on collection of annual fees.the commissioner has noted that under section 67 (b) of the finance act, 1994 as amended, the value of taxable services in relation to telephone connection provided to the subscribers shall be the gross total amount (including adjustments made by the telegraphic authority from any deposits made by the subscribers at the time of ..... 2001-st dated 9.7.2001 which appoints the dated 16th july 2001 as the date on which the finance act, 1944 (32 of 1994) shall be amended as provided in the said section 137 and, therefore, it is effective only from 16.7.2001. ..... the relevant section of finance act, 1994 service tax was leviable only on telephone services and not to leased circuits.he submitted that charge collected on leased circuits is not to be added in the telephone services and the aid charges on leased circuits and its liability to levy of service tax was incorporated by subsequent amendment to the finance act. ..... 278/- for the period from 1.7.94 to 31.7.99 under section 76 read with sections 68 & 73 of the finance act, 1994 and has adjusted the amount of rs. ..... telephones (now bsnl) are the service providers of telephones and registered with the department under section 69 of the finance act, 1994. ..... there is merit in the appellant's claim and the impugned order to this extent of levying service tax on "leased circuit services" within the meaning of telephone service charges' is set aside and the appeal is allowed with consequential relief. .....

George Oakes Private Ltd. Vs. Commissioner of Income-tax, Madras.

Court : Chennai

Reported in : [1966]60ITR710(Mad)

..... 68,750 was declared on a direction from the department under section 23a as it stood then and it must be deemed therefore to be in respect of the years 1949-50 and 1950-51, in fact there was withdrawal of rebate from the assessment for the years consequent upon the subsequent declaration of dividend, the 1956 finance act should be so construed as to exclude from its purview the ..... the tribunal was also of the view that the deeming effect of the declaration of dividend had no bearing upon the scope and application of the finance act of 1956, in relation to the withdrawal of rebate.before us the contention of the assessee is that what the income-tax officer has done worked injustice because, on the basis that ..... not think that section 16(2) has any bearing in interpreting the scope and application of the finance act, 1956. ..... while we have sympathy for the assessment because of those circumstances, we are unable to accept his contention.the finance act, 1956, by its first schedule, part ii, provides for what is termed as corporation tax or super-tax at the rate of six annas and nine ..... that being the case, literally the conditions of the finance act, 1956, as was rightly held by the tribunal, have been satisfied.but the contention for the assessee is that there must be a harmonious construction and that since a dividend in ..... year 1949-50 and 1950-51, the assessee had returned certain total incomes which were recomputed by the income-tax ..... for reduction of rebate in certain circumstances. .....

Pl. Vrm. Ramaswamy Chettiar Vs. Assistant Controller of Estate Duty

Court : Chennai

Reported in : [1973]92ITR195(Mad)

..... at page 1029, traces thehistory of estate duty legislation in england and states that under sections 1and 2 of the finance act, 1894, estate duty was payable prima facie inrespect of all property passing or deemed to pass on death without referenceto its situation, but by section 2(2) of the finance act, 1923, and by section 24 of the finance act, 1936, had later limited the duty in respectof properties situate out of great britain in certain-circumstances. ..... finance act of 1962 extends the charge of duty to foreign movable property subject to certain minor exceptions in respect of inter ..... finance act of 1849 and section ..... order of the respondent treating the interest of the deceased in the said foreign firm as a foreign movable and bringing it to charge tinder the provisions of the act is ex facie illegal and without jurisdiction, that section 5 read along with the definition of the word 'property' in section 2(15) enables a tax to be levied only on local 'property passing or deemed to pass on the death of the person', and that they will not enable ..... (sc) in support of his submission that the scope ofthe legislation is to be gathered from the charging section, that section 5 ofthe act, which is the charging section, read along with the definition of'property' in section 2(15), operates only on the property in indiapassing on the death of the deceased, and that it is only by section 21,foreign movables are added to the estate of the deceased passing on death and thus brought to .....

M/S. Tarachandra Engineering Pvt.Ltd. Vs. Cce Vadodara-i

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Ahmedabad

..... accordingly, it is held that no penalty under section 78 of the finance act, 1994 is imposable upon the appellant by virtue of proviso of section 80 of finance act, 1994. 5. ..... on receipt of st-3 returns, revenue issued a show cause notice for penal action and penalties under section 77 and 78 of finance act, 1994 were imposed upon the appellant. ..... that inspite of this fact, it was held by delhi cestat that penalty under section 78 is not imposable as per section 80 of finance act, 1994. 3. ..... in the appeal filed before the first appellate authority, penalties imposed under section 77 and 78 of finance act, 1994 were upheld. ..... in view of the above observations, the appeal filed by the appellant is allowed by extending the benefit of section 80 of the finance act, 1994. ..... of service tax was not detected by the revenue, therefore, the reasonable cause explained by the advocate, on account of an accident of the proprietor of the appellant and their financial difficulties are justifiable reasons for the purpose of section 80 of finance act, 1994. ..... it was his case that as there was a reasonable cause for delay in filing the returns and payment of service tax, therefore, their case is covered by the provisions to section 80 of finance act, 1994. ..... in addition, the appellant is also engaged in rendering taxable services under the category of management, maintenance and repair services as defined under section 65 (108)(zzg) of finance act, 1994. .....

M/S. Samtech Industries and Others Vs. C.C.E. Kanpur and and Others

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi

..... cce, bhopal reported in 2011(23) - str-608 pleaded that the contracts of the appellant with their customers were for repair of transformers, that when repair and maintenance service is taxable and in term of section 67 of the finance act, 1994, service tax is chargeable on the gross amount charged, value of the goods used for providing service would have to be included in the assessable value of the service, that in terms of the provisions of rule 5(1) of the ..... however, this rule has been struck down as ultra vires the provisions of section 66 and section 67 of the finance act, 1994 by honble delhi court in the case of intercontinental consultants and technocrafts pvt. ..... passed by cce noida rs.2,88,01,574 along with interest u/s 75 of finance act, 1994 rs.2,88,01,574 u/s 76,77 and 78 of the finance act, 1994 against the above orders these appeals have been filed. 2 ..... passed by cce meerut rs.3,37,45,549 along with interest u/s 75 of finance act, 1994 rs.3,37,45,549 u/s78,rs.200/- per day, u/s/ 76 and rs ..... 28.11.11, passed by cce, lucknow 2,21,12,729/-along with interest u/s 75 of finance act, 1994 2,21,12,729/ u/s 78 ibid and rs.10,000/- u/s 77 ibid 4. ..... passed by cce, noida 1,32,62,762/- along with interest u/s 75 of finance act, 1994 1,32,62,762/ u/s 78 ibid. 3. m/s. ..... 11passed by cce, kanpur rs.1,84,92,181 along with interest u/s 75 of finance act, 1994 rs.1,84,92,181 u/s 78 and rs. ..... course of repair of transformers they very often replace certain components like hv/lv coils etc. .....

M/S. Chillies Exports House Ltd. Vs. Commissioner of Income-tax

Court : Supreme Court of India

Reported in : AIR1997SC2223; (1997)140CTR(SC)1; [1997]225ITR814(SC); JT1997(4)SC705; 1997(3)SCALE562; (1997)5SCC157; [1997]3SCR907

..... of these facts, the high court in the earlier decision : [1978]115itr73(mad) : [1978]115itr73(mad) concluded that the relevant section of the finance act - section 2(6)(c) - suggests that the appellant company itself should engage in the entire activity which leads to the final processing of the goods. ..... 1974-75, we are concerned with the finance act of 1974, section 2(8)(c); for the assessment year 1976-77 finance act, 1976, section 2(9)(c); and for the assessment year 1977-78 finance act no. ..... agencies on behalf of the assessee and charges, therefor, were paid by the assessee, the assessee was engaged in manufacture and processing of the goods and was an industrial company within the meaning of section 2(6)(c) of the finance act, 1972. ..... high court relating to the same assessee-appellant for the assessment year 1971-72 and the court held that the assessee is not an industrial company coming within the meaning of section 2(6)(c) of the finance act no. ..... july, 1982.toall commissioners of income-taxsir,subject : book publishing - whether industrial companies.the board has received representations that companies engaged in publishing of books should be treated as industrial companies for the purpose of section 104 of the income-tax act, 1961 ..... 347 dated 7th july, 1982, issued by the central board of direct taxes, printed at 137 itr 14, which is to the following ..... 998 of 1982 and relates to the assessment year 1976-77 (judgment of the high court is reported in : [1996]220itr411(mad) : [1996 .....

Commissioner of Wealth Tax Vs. Cadmach Machinery Co. Pvt. Ltd.

Court : Gujarat

Reported in : (2007)212CTR(Guj)285

..... submitted that the reference was restricted to the issue arising in the assessment year 1986-87 and the subsequent amendment of clause (v) of sub-section (3) of section 40 of the finance act, 1983 did not make any difference insofar as the issue was confined to interpretation and application of the provisions of section 40(3)(vi) of the finance act, 1983. ..... amendment of act (11 of 1983)- in section 40 of the finance act ..... office for the purposes of its business or as residential accommodation for its employees whose income chargeable under the head 'salaries' is ten thousand rupees or less:subsequently, in the year 1988, under section 87 of the finance act, 1988, the above provision was amended. ..... error in deleting the value of the factory and research buildings which were under construction and not in actual use for the purpose of business as contemplated under the provisions of section 40(3)(vi) of the finance act, 1983 and that in allowing the claim of the assessee, the tribunal had misread the plain and simple language of the said provisions. ..... he submitted that, though the amendment by way of finance act, 1988 was effected in the year 1988 ..... therefore, if the amendment brought about by the finance act, 1988 were given retrospective effect, an anomalous situation of the same asset being liable to wealth tax only during the period of construction would arise, according to the ..... section 40 of the finance act, 1983, provision was made to levy wealth tax on the net wealth of certain .....

Markfed Oil and Allied Industries Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2002)(84)ECC860

..... terms of supreme court decision in laghu udyog bharti case; that subsequently, the parliament validated certain actions taken under service tax rules under section 117 of the finance act, 2000 retrospectively; that the commissioner thereafter revised the order passed by the deputy commissioner under impugned order in exercise of powers under section 84 of the finance act, 1994, directing them to calculate and supply the gross freight figures for the period 16-11-97 ..... were initiated by the officers subordinate to him; that the only issue taken up by the deputy commissioner under the adjudication order was with regard to imposition of penalty under section 77 for not filing the returns under section 70 of the finance act, 1994; that there was no proposal in the show cause notice for levy of service tax or interest; that there was also no adjudication on these issues by the ..... of service tax payable will be known to the department only after the person responsible to pay the service tax files the quarterly returns as required under provisions of section 70 of the finance act, 1994; that unless and until the return is filed, there is nothing available with the department to verify the services rendered on which the duty could be assessed. ..... in the present matter, as the notice was not issued under section 73 of the finance act and it was issued only under section 77 for imposing penalty on account of failure to file returns, the commissioner cannot under the revisionary powers pass an .....

Shree Shyam Filaments Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2004)(176)ELT512TriDel

..... it has been submitted by the appellants in their memorandum of appeal that they had taken the credit of duty paid on hsd oil under rule 57 b of the central excise rules, 1944; that section 112 of the finance act, 2000 provided that credit is not admissible in respect of hsd oil with retrospective effect; that the validity of the provisions of disallowing the modvat credit with retrospective effect was challenged before the rajasthan high ..... there is no force in the contention that the matters are pending in rajasthan high court supreme court as the appellants themselves have not challenged the validity of the said section of the finance act, 2000 in any high court of supreme court not there any appeal filed by them is pending in supreme court. ..... cce meerut, [2000 119 elt 715 (t-lb)] has held that provision of section 112 of the finance act, 2000 has come into force with effect from 12.5.2000 in view of which high speed diesel oil is not eligible for benefit of credit during the period 16.3.95 to 12.5.2000 ..... it is, further mentioned in the memorandum of appeal that in order to invoke section 112 (2)(b) of the finance act for levy of interest, it is absolutely necessary that the adjudication orders in pursuance of the show cause notice should have been passed during the period 16.3.95 to 12.5.2000; that section 112 only validates demand which has already been adjudicated by the show cause notice; that the said provision does not automatically confirm the demands which are not subject .....