Court : Mumbai
Reported in : 2002(3)ALLMR70; 2002(5)BomCR761; 2002(143)ELT47(Bom)
..... of duty of excise in respect of certain goods at the level obtaining prior to 28th february, 1986, notwithstanding the changes in the rates of duties of excise made by the central excise tariff act, 1985 and further to maintain the effective rates of excise in respect of certain goods at the level obtaining prior to 1st march, 1986, notwithstanding the changes in the rates of duties of excise made by the ..... after coming into force of the finance act, 1986, and until 8th august, 1986, there was no exemption from payment of excise duty in respect of the said goods and thus the ..... synthetics (supra), wherein the apex court after taking survey of various provisions of the customs act, 1962 held that the impost under section 3 of the customs tariff act, 1975 was with a view to levy additional duty on the imported article so as to counter balance the excise duty ..... petitioners could not have filed their refund applications prior to the commencement of the retrospective act for two reasons, firstly, they would not have been entitled for refund in absence of the said act and, secondly, had the petitioners filed their refund claims prior to the commencement of the said retrospective act, the customs authorities would have rejected their claims as pre-mature.14. ..... the petitioners only after examining the retrospective operation of the said retrospective act realised that if no excise duty was payable on the said goods, then, no countervailing duty was attracted in respect of the importation ..... 1982 .....
Tag this Judgment!Court : Mumbai
Reported in : [1996]217ITR622(Bom); 1995(2)MhLj413
..... phillips [1982] 55 tc 188 , the controversy was whether lighting and other apparatus installed in shop premises qualified as 'plant' within the meaning of sections 40 and 41 of the finance act, 1971. ..... in their assessments to corporation tax, they claimed that this expenditure qualified for capital allowance under section 41 of the finance act, 1971, as plant used in the carrying on of their respective trades. ..... its intention is to enlarge the meaning of the expression 'plant' occurring in the act to include not only such items as are commonly known as 'plant' but also those which are enumerated therein. ..... the expression 'plant' has been defined in clause (3) of section 43 of the act to include 'ships, vehicles, books, scientific apparatus and surgical equipment used for the purposes of the business or profession'. ..... by this reference under section 256(1) of the income-tax act, 1961, made at the instance of the assessee, the income-tax appellate tribunal, bombay bench 'c', bombay, has referred the following questions of law to this court for opinion: ' (1) whether items of tube-well, plumbing, drainage, ..... hence, this reference under section 256(1) of the act at the instance of the assessee. 7. ..... phillips [1982] 55 tc 188; irc v. ..... [1982] 55 tc 252 , expenditure on 'decor' in a hotel and licensed premises was held to be expenditure on the provision of plant. ..... [1982] 55 tc 252 and the decision of the court of appeal in wimpy international ltd. v. .....
Tag this Judgment!Court : Mumbai
Reported in : (1990)90CTR(Bom)116; [1991]187ITR353(Bom)
..... in this context, it is desirable to mention that section 80hhb was brought into the income-tax act by the finance act, 1983, with effect from april 1, 1983. ..... the finance bill, 1982 was introduced in the lok sabha on february 27, 1982. ..... for this purpose, it is proposed to insert a new section 80hhb in the income-tax act to provide that where an indian company or a non-corporate taxpayer resident in india derives any profits and gains from the business of execution of a project under a contract entered into by him with the government of a foreign state or ..... (statutes section) 114-115) : 'clause 18 seeks to insert a new section 80hhb in the income-tax act relating to deduction in respect of profits and gains from projects outside india. ..... clause 48 of the memo explaining the provisions in the finance bill, 1982, reads as under :(134 i.t.r. ..... , october 14, 1986, and december 1, 1986 (being exhibits f, g, h, i, j, k, m, q, r, s, and v), passed by the central board of direct taxes, new delhi, refusing to approve thirteen agreements referred to in paragraphs 9, 13 and 20 of the petition under section 80-o of the income-tax act, 1961.2. ..... the provision also in respect of their foreign earnings, when the bill finally became an act. ..... admittedly, the board did not, as such, examine whether the agreements in question satisfied the conditions laid down for approval in section 80-o of the act.3. .....
Tag this Judgment!Court : Mumbai
Reported in : 1994LC217(Bombay); 1995LC206(Bombay); 1994(74)ELT522(Bom)
..... by finance act, 1983, the government of india prescribed that in respect of warehousing of goods, the facility will be provided on payment of interest. ..... on october 7, 1982 the customs authorities endorsed on bill of entry that 'ex-bonding is not allowed'. ..... on june 5, 1982, the petitioners filed bill of entry for warehousing. ..... the learned counsel urged that the provision for payment of interest came into force only on may 13, 1983 and that was subsequent to the date of warehousing of the goods on june 5, 1982. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (1986)(25)ELT829Tri(Mum.)bai
..... of additional duty leviable under this act as amended by the finance act, 1981 is 15% of the total amount of excise duty chargeable on the goods.where therefore the excise duty chargeable on the goods is nil, no additional excise duty is leviable under this act. ..... under section 51 of the finance act, this amendment had been given retrospective effect as from ..... excise duty is levied under the provisions of the different finance acts in recent years. ..... while we have authorities which state that the definition of words and phrases under the parent act would hold good for defining the same for the purposes of rules and notifications issued thereunder, no such authority exists to my knowledge which would show that the words, ..... , i asked him as to whether this matter was within the purview of the appellate tribunal or whether the jurisdiction of the appellate tribunal was barred under section 356(1) proviso of the central excises & salt act, 1944 and as a consequence of which the application lay to the central government under section 35ee ibid. ..... of cases have been excluded from the jurisdiction of the tribunal under the proviso to section 35b(1) of the central excises & salt act, 1944 and these matters are assigned to the government under section 35ee ibid. ..... 1977 elt 199 (sc) held that for the purpose of the act, the goods should ordinarily come to the market to be bought ..... for the period 1.8.1981 to 31-12-1982 and for rs. ..... 74(e) dated 20-2-1982 and an explanation had been added to the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1988)26ITD259(Mum.)
..... that sub-section (5) was inserted in section 37 by the finance act, 1983 with restrospective effect from 1-4-1979. ..... distinction has to be made between those workmen who not only joined in such strike but also took part in obstructing the loyal workers from carrying on their work and took part in violent demonstrations or acted in defiance of law and order on the one hand and those workers who were more or less silent participants in the strike on the other. ..... it is equally true that the decision of the supreme court does not automatically have the effect of vacating the order of the tribunal which has been statutorily made final under section 254(4) of the act and which has already been given effect to.in the case of travancore sugars and chemicals ltd. ..... 2,20,00,000 relating to back wages and compensation sprang up suddenly in the accounting year merely by the act of intimation by the solicitors of the fact that a particular decision had been delivered and in view of that decision the appellant was likely to lose before ..... to shri harish, who represented the appellant-company, the company had acted correctly in removing the workers after giving them independent notices and public ..... page 345 as under: it was vehemently urged before us that section 80j(1a) of the act has now been held to be valid by the supreme court. ..... cit [1982] 136 itr 361 which had followed the madras high court in aruna ..... for calendar year 1979 were audited on 20-5-1980 and the assessment order was made in 1982. ..... 1982-83 .....
Tag this Judgment!Court : Mumbai
Reported in : 1986(2)BomCR455
..... now made clear by virtue of an 'explanation' which has been added to section 4(4)(d)(ii) with retrospective effect from 1st october, 1975 under section 47 of the finance act of 1982. ..... of any duty of excise on such goods equal to, any duty of excise already paid on the raw material or component parts used in the production or manufacture of such goods) from the duty of excise under such act is for the time being inforce, the duty of excise computed with reference to the rate specified in such ..... notice was issued to the petitioner by the assistant collector of central excise alleging the contravention of the various provisions of the central excise rules, 1944 and the central excises and salt act, 1944 and the petitioner was called upon to show cause why duty amounting to rs. ..... valuation of excisable goods for purposes of charging of duty of excise(1) whereunder this act, the duty of excise is chargeable on any excisable with reference to value, such value shall, subject to the other provisions of this section, be deemed to be - (a) the normal price thereof, that is to say, the price ..... excise is explained as follows : in a case where there is an exemption notification notification, the duty of excise computed with reference to the rate specified in the act in respect of such goods as reduced so as to give a complete effect to such exemption. ..... 2500 of 1982 is a limited company registered under the companies act, 1956 carrying on its business of spinning, weaving and manufacturing of .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (1983)LC1886DTri(Mum.)bai
..... the peculiar circumstances are the provisions of sub-section (2) of section 5 of the central excises and salt act and additional duties of excise (amendment) act, 1980 and as per these provisions the notification no.7/78, dated 17-1-1978 has retrospective effect and this is available in determining the average count of yarn in the cotton fabrics covered by the ..... 6 of 1980 was identical to the phraseology of the finance bill, 1982 which also give retrospective effect to section 4 and to amendments to rules 9 and ..... assistant collector (technical) of the office of the collector of central excise baroda has filed this appeal under section 35b of the central excises and salt act, 1944, against the order no.v-2(19)1172/82 dated 22-6-1982 of the appellate collector of central excise, bombay. ..... in particular, shri trivedi pointed out sub-section (2) of section 5 of the central excises and salt and additional duties of excise (amendment) act, 1980 which gives retrospective effect to any rule, notification etc. ..... as per the ordinance and the act retrospective effect was given to the amendment carried out in item 19 definition of manufacture in section 2(f) and also to the notification issued ..... was amended retrospectively by the central excises and salt act and additional duties of excise (amendment) ordinance 1979 and this ordinance was converted into the central excises and salt and additional duties of excise (amendment) act, 1980 (no. ..... is important to observe that the phraseology of the act no. .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(3)ALLMR305; 1999(2)BomCR756; (1999)ILLJ1137Bom
..... provisions of the sick companies (special provisions) act, 1982, the factory was being run by the new ..... (supra), the appropriate government had exercised its powers under section 10(1) of the act and referred the demands of contract labour for payment of bonus for adjudication by ..... but, it must be remembered that in making a reference under section 10(1), the government is doing an administrative act and the fact that it has to form an opinion as to the factual existence of the industrial dispute as a preliminary step to the discharge of its function, does not make it any ..... be open to a party, seeking to impugned the resulting award to show what was referred by the government was not an industrial dispute within the meaning of the act, and that, therefore, the tribunal had no jurisdiction to make the award. ..... but, if the dispute was an industrial dispute as defined in the act, the factual existence and expediency of making a reference in the circumstances of a particular case are matters entirely for the government to decide upon, and it may not be competent for the court ..... 272 held that a plain reading of section 10(3) of the act makes it clear that the powers conferred under it could be exercised by the state government provided an industrial dispute has been referred to the tribunal & the dispute which is referred is in respect of the action ..... time, it had become a sick industry and due to revitalization efforts, made by the board for industrial finance and rehabilitation (b.i.f.r. .....
Tag this Judgment!Court : Mumbai
Reported in : [1999]240ITR1(Bom)
..... in that case the controversy was whether lighting and other apparatus installed in shop premises qualified as 'plant' within the meaning of sections 40 and 41 of the english finance act, 1971. ..... its intention is to enlarge the meaning of the expression 'plant' occurring in the act to include not only such items as are commonly known as 'plant' but also those which are enumerated therein. ..... by this reference under section 256(1) of the income-tax act, 1961, the income-tax appellate tribunal has referred the following question of law to this court for opinion at the instance of the revenue : 'whether, on the facts and in the circumstances of the case, the tribunal ..... with the directions of the commissioner of income-tax (appeals), the income-tax officer reconsidered the claim of the assessee in respect of each item of expenditure and allowed 100 per cent, depreciation under section 32(l)(ii) of the act on certain items, the aggregate value of which came to rs. ..... in the assessment year 1976-77, the assessee claimed depreciation at the rate of 100 per cent, under section 32(l)(ii) of the income-tax act, 1961 ('the act'), on the amount of rs. ..... phillips [1982] 55 tc 188. ..... section 43(3) of the act merely contains an inclusive definition which says that plant shall include ships, vehicles, books, scientific apparatus and surgical equipment used for the purposes of the business or profession ..... section 32(1)(ii) of the act, as it stood at the material time, so far as relevant, reads as follows :'32 .....
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