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Foto India Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1985)(5)LC2095Tri(Delhi)

..... does not specifically state when the time-'limit for filing the appeal expired though in para 3 of the application, there is a reference to a recital in the printed preamble of the order that revision application against the order could be presented to the additional secretary, ministry of finance, department of revenue, new delhi within six months from the date of communication of the order.the application does not state as to what exactly is the delay in ..... whether there was sufficient cause for not presenting the appeal within the stipulated period under subsection (5) of section 129 of the act, he submitted, it had to be seen whether the applicant could have avoided the delay. ..... suffering from hypertension with angina and complete bed rest was advised from august, 1982 to november, 1983 for restoration of his health. ..... , compute the delay in filing the appeal not from 1-12-1982 as urged by shri lakshmi kumaran but from 1-3-1983 as submitted by shri gujral. ..... filing any appeal should be computed from 1-3-1983 till 28-11-1983. ..... partner of the applicant had also filed an affidavit dated 20-2-1985 in support of the application alongwith a medical certificate dated 29-11-1983 issued by one dr. ..... have us believe that right from august 1982 till november 1983, kartik m. ..... of condonation of delay, the applicant claims that he was suffering from cronic stomach disorder and could not be cured by allopathic treatment and therefore, had to resort to unani treatment which lasted till november, 1983.11. .....

Vidarbha Veneer Industries Ltd. and Another Vs. State of Maharashtra a ...

Court : Mumbai

Reported in : AIR1994Bom155; 1994(3)BomCR482

..... in the present case, a law has been enacted underwhich the state has been given a power, inter| alia, to amend the terms and conditions of the agreements as set out in that act for this purpose of changing the period of revision of price provided in such agreements with a proviso that the price so fixed should not be revised for a period of at least 12 months. ..... the petitioners contend that by the resolution of 25th september, 1969, the respondents have made a clear and unequivocal promise to revise the rates every three years knowing that it would be acted upon by the petitioners; and the petitioners have, in fact, acted upon the same by setting up their factory at nagpur; and hence the respondents cannot be allowed to back out of that promise. ..... it was, inter alia, decided that a committee consisting of the representatives of the revenue and forest department, industries department and the finance department should make recommendations regarding fixation of initial price of forest produce or its revision. ..... hence, the issues involved in this petition cover only the short period from 1983-84 to 1986-87 and the right of the respondents to revise prices every year during this period.13. ..... the preamble to the act sets out that it is expedient to take power to the state government to revise certain agreements to get fair price for forest-produce sold or supplied by the state government to the purchasers for long term period and to ..... the act came into operation on 23rd march, 1983. ..... 1983. .....

K.S. Diesels Ltd. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1983)LC1383DTri(Delhi)

..... time the matter came up for hearing before me, the goods covered by each of the three consignments had been in the warehouse for over three years; and by virtue of the recent amendment to section 61 by the finance act, 1983, the maximum warehousing period which it is within the power of the collector to allow now stands reduced to one year and six months.accordingly, there was no further relief which the collector as an adjudicating authority could ..... shri gagrat fairly admitted that, in view of the recent amendments to section 61, customs act, through the finance act, 1983, the maximum period for which non-consumable stores could ordinarily remain warehoused was only one year, which could be extended by the collector by a period not ..... board's unlimited power to extend the period, subject to the payment of interest as newly provided through, the finance act, 1983, remained unaffected. ..... in the circumstances, it would be proper to go by the plain indication given by the department itself, in the shape of the preamble to the collector's order dated 24-9-82 and to treat that as the basic order against which an appeal would lie, the appropriate appellate authority being ..... government of india and the financial institutions and these had not come up to their expectations.on the question whether or not an appeal lay against the collector's order dated 24-9-82, shri gagrat referred to the preamble to that order, which was in the usual form, indicating that an appeal would lie to the tribunal. .....

Tube Investments of India Ltd. Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1990)34ITD397(Mad.)

..... at the date of the original assessment an absolute obligation imposed upon the assessee to pay interest under section 18a(6), but by reason of the retrospective operation given to the fifth proviso added to sub-section (6) by act 25 of 1953, the income-tax officer was invested with the discretion to reduce or waive interest payable by the assessee, this power of the income-tax officer, must, in view of the retrospective amendment, be ..... in 1983-84 under the provisions of finance act, 1984, sections ..... it was given retrospective operation from april 1, 1952, and the discretion conferred upon the income-tax officer because, by fiction of law, exercisable as from april 1,1952, even though the act came into force from may 24,1953, and the cases in which and circumstances under which the discretion was to be exercised were prescribed by the central government by rule 48 in december ..... , no doubt, was enacted only by the finance act of 1984, which was a date subsequent ..... institution out of the sum paid by the assessee, be transferred to him, and where any claim is so made, such asset shall be transferred, as soon as may be, to him.the aforesaid provisions were inserted by finance act, 1984 with retrospective effect from 1-4-1980. ..... the object of the trust as stated in the preamble is to promote, support, advance, assist or otherwise whether by grant or payment of money or loans and advances or by providing amenities or facilities and its activities for the welfare and interest of all .....

income-tax Officer Vs. Tube Investments of India Ltd.

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1990)32ITD172(Mad.)

..... in 1983-84 under the provisions of finance act, 1984, sections 40a(9), (10) and (11) are inserted. ..... allowed in the hands of the company while computing its business income of previous years in which such expenditure is laid out or expended, should be allowed while computing the business income under section 28 of the income-tax act as if such expenditure has been laid out or expended by the assessee-company, the invalidity of the trust deed contemplated under section 40a(11) is absolute in its terms and the trusts will no longer be considered to be in existence ..... the said return was filed on 28-6-1982 at a time when the provisions of sub-sections (9)1 to (11) of section 40a were not inserted in the statute book with retrospective effect from 1-4-1980 by finance act, 1984. ..... parties or persons.i am of the opinion that the general meaning of the word "asset" should not be applied while construing the real meaning of the words in sub-clause (ii) of sub-section (11) of section 40a of the income-tax act.to my mind, it appears that the ejusdem generis rule canvassed by the learned departmental representative clearly applies to the word "asset". ..... the object of the trust as stated in the preamble is to promote, support, advance, assist or otherwise whether by grants or payment of money or loans and advances or by providing amenities or facilities and its activities for the welfare and interest of all permanent management employees of the settlor company. .....

Rohit Pulp and Paper Mills Limited Vs. Collector of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1988)(18)ECC134

..... made from materials (other than bamboo, hardwoods, softwoods, reeds or rags) and cleared on or after the 1st day of april in any financial year, from so much of the duty of excise leviable thereon under the said act at the rate specified in the said first schedule as is in excess of the amount calculated at the rates specified in the corresponding entry in column (3) of the said table, subject to the conditions specified in the corresponding entry in column (4) ..... this judgment wherein inter alia the supreme court ruled that explanatory notes regarding the working of an act issued by a government department for the assistance of their officials are inadmissible for the purpose of construeing the act, and that it is not safe to presume that subordinate legislation can be made use of in interpreting a provision in the parent act.further, the supreme court held that for finding out the scope of a particular levy, notifications ..... he also referred to the legislative history of the notification 25/84 and to the finance minister's speech in 1983 reproduced in the appeal memorandum. ..... 25/84 has the following preamble and condition in column 4 which make it necessary to examine whether broke is to be considered as paper/paper board: partial exemption to paper and paper board produced by small paper mills using unconventional raw ..... submitted that art paper and chromo paper are admittedly varieties of writing and printing paper and qualify for exemption under the preamble as also the table. .....

Senairam Doongarmal Agency (P.) Ltd. and Others Vs. K.E. Johnson and O ...

Court : Guwahati

..... the policy of the whole act is prevention of evasion, then both sections 37(1) and 37(2) apply in the same field and serve the same purpose, namely the prevention of evasion.dr.paul contended in reply that the preamble of the finance act of 1956, which introduced section 37(2) by way of an amendment, in the income-tax act, disclosed the policy, namely, the giving effect to the finance proposals of the central government. ..... out that the preamble of the finance acts passed from year to year has always been the same, and, therefore, cannot afford any guidance whatsoever in the matter of the scope and application of a special provision like section 37(2), introduced as an amendment to the indian income- tax act of 1922, by one of these finance acts.to meet the contention ..... point out that the preamble to the travancore act was in much more definite terms than the preamble to the indian income-tax act or to the indian finance act of 1956. ..... the preambles of the indian income-tax act and of the finance act of 1956 which introduced section 37(2) of the former act. ..... the preamble to the finance act of 1956 speaks of giving effect to the financial proposals of the government and dr.pal contends that if we interpret the term"financial proposals" in light of the budget speech of the finance minister, it will be found that the power of search and seizure was introduced in order to prevent tax evasion and hence the income-tax authorities are to select the field of application of sub-section (2) .....

Shakti Tubes Ltd., a Company Incorporated Under the Provisions of the ...

Court : Patna

Reported in : 2010(58)BLJR159

..... state of bihar), whereby the order passed by the authorities under the provisions of the bihar finance act (hereinafter referred to as 'the act'), has been upheld, and it has been held that the petitioner is not entitled to the benefit of exemption from payment of purchase tax on raw materials used for manufacture of the products to the extent of sales effected by ..... with these objectives clearly stated in the preamble, the new industrial incentive policy 1993 (hereinafter referred to as 'the industrial policy'; annexure 1) came to be issued, replacing the previous industrial policy. ..... the petitioner is a private limited company, incorporated under the provisions of the companies act 1956, and has set up a steel plant at hajipur, district vaishali. ..... in view of the provisions of section 7(3)(b) of the act, and in purported exercise of powers under paragraph 10.5 read with the provision of paragraph 10.4 of the 1993 industrial policy, the state government issued s.o. no. .....

A. Harvey, Vs. the Commissioner of Income Tax

Court : Chennai

Reported in : (1935)69MLJ577

..... that this being so, it is not necessary that the special commissioners have to be satisfied that there has been an intention to evade tax before a direction can be made under section 21 of the finance act because the preamble of section 21 cannot either restrict or extend the enacting provisions in the section and that condition does not appear there.10. ..... our attention was drawn during the course of the argument to a number of english decisions upon the similar section in the english act - section 21 of the finance act of 1922 - but a distinction between the indian section and the english section has been pointed out quite properly by the assessees' learned ..... in the english section the purpose of preventing the avoidance of tax is set out in the form of a preamble to the section as follows:with a view to preventing the avoidance of the payment of super-tax through the withholding from distribution of income of a company which would otherwise be distributed, it is hereby enacted as ..... this company is a private limited company registered on the 9th january, 1926, under the indian companies act, its principal object being to acquire and hold stocks and shares in companies and other public bodies and distribute the income therefrom among its ..... he accordingly approved the proposal of the income-tax officer to apply the provisions of section 23-a of the act to the assessment of the company; and therefore, the income-tax officer passed an order under section 23-a(2) on the 14th september .....

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

..... for providing the upper age limit and that the person appointed shall not have tenure exceeding five years from the date on which he enters office and shall be eligible for re-appointment, the finance act delegates the power to specify the qualifications, method of selection and appointment, terms of office, salaries and allowances, removal including resignation and all other terms and conditions of service to the central ..... view, the essence of the constitution was beautifully captured by our founding fathers in the preamble of the constitution where we promised to ourselves justice, liberty, equality and fraternity. ..... decision states that the policy and principles test can be applied through express provisions empowering delegation or any other provision of the statute including the preamble, the scheme or even the subject matter of the statute.140. ..... may guide the delegate by speaking through the express provision empowering delegation or the other provisions of the statute, the preamble, the scheme or even the very subject matter of the statute. ..... be given and to what extent and whether guidance has been given in a particular case at all depends on a consideration of the provisions of the particular act with which the court has to deal including its preamble. ..... should be given and to what extent and whether guidance has been given in a particular case at all depends on a consideration of the provisions of the particular act with which the court has to deal including its preamble. .....