Judgment Search Results Home > Cases Phrase: finance act 1983 section 29 omission of section 80mm Court: supreme court of india Page 1 of about 151 results (0.099 seconds)

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

Court : Supreme Court of India

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

..... 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. ..... 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. ..... 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. ..... section 3(1) of that act read :subject to the provisions of this section the rates of income tax and rates of super tax...imposed by sub-section (1) of section 7 of the indian finance act 1940 shall, in respect of the year beginning on the first day of april 1940 be increased by a surcharge for the purpose of the central government....similar phraseology was employed in respect of surcharge on super tax. .....

State of West Bengal Vs. Calcutta Club Limited

Court : Supreme Court of India

..... in the result, these petitions are allowed and it is hereby declared that section 65(25a), section 65(105) (zzze) and section 66 of the finance (no.2) act, 1994 as incorporated/ amended by the finance 60 act, 2005 to the extent that the said provisions purport to levy service tax in respect of services purportedly provided by the petitioner club to its members, to be ultra vires. ..... . the explanation to section 65, which was inserted by the finance act of 2006, reads as follows: explanation: for the purposes of this section, taxable service includes any taxable service provided or to be provided by any unincorporated association or body of persons to a member thereof, for cash, deferred payment or any other valuable consideration: 79 ..... been liable immediately before the appointed day to pay tax under section 4 or section 8 of the bengal finance (sales tax) act, 1941 (bengal act vi of 1941), and who 17 (ii) would have continued to be so liable on such appointed day under that act had this act not come into force, or whose gross turnover during a year first exceeds the taxable quantum as applicable to him under the bengal finance (sales tax) act, 1941, on the day immediately preceding the appointed day, (b)every ..... under section 64(3), chapter v of the finance act applied to taxable services as defined, with effect from 16th june, 2005. .....

M/s. Total Environment Building Systems Pvt Ltd. Vs. The Deputy Commis ...

Court : Supreme Court of India

..... stated, the issue in these appeals relates to the levy of service tax on composite works contract prior to the amendment made to the finance act, 1994 in the year 2007 by which section 65(105) (zzzza) was introduced which gives the definition to the expression works contract. ..... of taxable service in sub section 105 of section 65 of the finance act, 1994 and the relevant clauses therein, namely, (g), (zzd), (zzh), (zzq) and (zzz h); charge of service tax in section 66; valuation of taxable services for charging service tax [section 67 and section 65(105)(zzzza)]. ..... in the said case it was held that service tax on composite works contract was not leviable prior to the amendment made to the finance act, 1994, in the year 2007, whereas according to her, in fact, it was leviable even prior thereto and the amendment made to the finance act, 1994, in the year 2007 by insertion of section 65(105)(zzzza) is only clarificatory in nature. ..... the issue involved in the present appeals is, whether service tax could be levied on composite works contracts prior to the introduction of the finance act, 2007, by which the finance act, 1994 came to be amended to introduce section 65(105) (zzzza) pertaining to works contracts?.5. ..... the present group of appeals is, whether, service tax could be levied on composite works contracts prior to the introduction of the finance act, 2007, by which the finance act, 1994 came to be amended to introduce section 65(105)(zzzza) pertaining to works contracts?.3. .....

Tamil Nadu Kalyana Mandapmam Am Assn. Vs. Union of India (Uoi) and ors ...

Court : Supreme Court of India

Reported in : AIR2004SC3757; (2004)4CompLJ108(SC); 2004(3)CTC63; (2004)188CTR(SC)297; 2004(93)ECC353; 2004(167)ELT3(SC); [2004]267ITR9(SC); [2004(4)JCR66(SC)]; JT2004(4)SC568; (2004)3MLJ

..... pleased to issue a writ of declaration or any other appropriate writ, order or direction in the nature of a writ of declaration declaring that the provisions of chapter v of the finance act, 1994 and, in particular, sections 66, 67(o) and rule 2(1)(d)(ix) of the service tax rules, 1994 and other provisions insofar as it relates to kalyana mandapmam ams and mandapmam -keepers are illegal, ultra vires and unenforceable ..... service tax vide trade notice no.9/97 dated 01.07.1997 informed all the concerned persons that as per clause 19 of section 65 of the finance act, 1994 'mandapmam ' means any immovable property as defined in section 3 of the transfer of property act, 1882 and includes any furniture, fixtures, light fittings and floor coverings therein let out for consideration for organising ..... judicature at madras whereby the division bench of the madras high court dismissed the writ petition of the appellant-association and held sections 66, 67(o) of the finance act, 1994 and rule 2(1)(d)(ix) of the service tax rules, 1994 and other provisions related to kalyana mandapmam ams and mandapmam - ..... per se which is a subject specifically earmarked for the state legislatures under entries 18 and 49 of list ii of the constitution.e) furthermore, on a bare perusal of the yardstick prescribed in the finance act, 1994 for charging service tax from the mandapmam -keepers, it would become amply clear that in the garb of taxing services, the parliament has in fact imposed a tax on sale of ..... 1983 ..... 1983 .....

M/S. Ponds India Ltd. Vs. Collector of Central Excise, Madras

Court : Supreme Court of India

Reported in : AIR1997SC1708; 1997(58)ECC1; 1997(90)ELT3(SC); JT1997(1)SC729; 1997(1)SCALE484; (1997)2SCC577; [1997]1SCR541

..... there was no levy for a long period of time of special excise duty until it levied with effect from 1st march, 1978, under the provisions of section 37 of the finance act, 1978, which read thus:(1) in the case of goods chargeable with duty of excise under the central excise act as amended from time to time, read with any notification for the time being in force issued by the central government in relation to the duty so chargeable there shall ..... for the period 1st march, 1987, until 28th february, 1988, special excise duty had been levied under a provision in the finance act, 1987, similar to that quoted, but during this period, by reason of a notification issued under the provisions of rule 8 of the central excise rules with simultaneous effect, there was a total exemption from the ..... under the terms of the finance acts, special excise duty is so levied as to cease to have effect at the close of the financial ..... special excise duty was being levied from 1963 upto 1971 by various finance acts passed from time to time. ..... the provisions of these finance acts, insofar as the levy of special excise duty is concerned, ..... scw 1353, the said goods manufactured by the appellants prior to 28th february, 1988, and cleared after 1st march, 1988, were not liable to the fresh special excise duty levied by the finance act, 1988. ..... in the finance acts of 1987 and 1988, however, the rate of special excise duty was raised to ten per cent but then notifications were issued exempting the duty on all goods .....

Commissioner of Income Central Ii Vs. Suresh N. Gupta

Court : Supreme Court of India

Reported in : (2008)214CTR(SC)274; [2008]297ITR322(SC); JT2008(1)SC208; 2008(1)SCALE99; (2008)4SCC362; 2008AIRSCW1066

..... income' as against assessment of 'total income' under section 4(1) of the act; that, assessment under chapter xiv-b is made for the 'block period' as against assessment of income of the 'previous year' under section 4(1) of the act; that, under chapter xiv-b 'undisclosed income' is assessed at 60% in terms of section 158ba(2) read with section 113 as against taxation of normal income at the rates prescribed in the relevant finance act; that, the provisions of the finance act are not found in the block assessment scheme under ..... chapter xiv-b up to 1.06.2002 and, therefore, according to the assessee, finance act, 2001 was not applicable to chapter xiv-b. ..... : [1997]224itr677(sc) this court observed as follows:a proviso which is inserted to remedy unintended consequences and to make the provision workable, a proviso which supplies an obvious omission in the section and is required to be read into the section to give the section a reasonable interpretation, requires to be treated as retrospective in operation, so that a reasonable interpretation can be given to the section as a whole.29. .....

Virtual Soft Systems Ltd. Vs. Commissioner of Income Tax, Delhi-i

Court : Supreme Court of India

Reported in : (2007)207CTR(SC)733; [2007]289ITR83(SC); JT2007(3)SC125; 2007(2)SCALE612; (2007)9SCC665

..... learned counsels appearing in different appeals filed by the assessee assailed the impugned judgment by contending that provisions of section 271(1)(c)(iii) prior to 1.4.1976 and after its amendment by the finance act, 1975 with effect from 1.4.1976, later provisions being applicable to the assessment year in question, being substantially the same, the high court in the impugned ..... the provisions of section 143 (1a) and 271(1)(c) are pari materia and were similarly interpreted by different high courts, while section 143(1a) was amended by finance act, 1993 with retrospective effect from 1.4.1989, the provisions of section 271(1)(c) have been amended much later by finance act, 2002 with ..... declared dividends in that year amounting to rs.3,29,062 and the question was whether this amount was 'excess dividend' within the meaning of paragraph b of part i of the first schedule to the finance act, 1951, and additional income-tax could be levied in respect thereof:it was held by this court that:the word 'additional' in the expression 'additional income-tax' must refer to a state of ..... obviously, therefore, the law must fail in those cases where there is no total income at all, and the courts cannot be invited to supply the omission by the legislature.it is quite possible that the legislature did not contemplate the imposition of tax in circumstances such as these, and we are not prepared to read the ..... clauses do not advance the revenue's case, because of its specific omission to that effect. .....

All India Haj Umrah Tour Organizer Association Mumbai Vs. Union Of Ind ...

Court : Supreme Court of India

..... defined in clause 52 of section 65b of the finance act to mean the territory to which the provisions of the relevant chapter service tax statutory provisions containing sections 64 to 114 of the finance act apply. ..... rendered to haj pilgrims is not a part of the negative list under section 66-b of the finance act, 1994, it is taxable from 1st july 2012.26. ..... by exercising the power under section 66c of the finance act, the 2012 rules were enacted and were brought into force with effect ..... sub- section (1) of section 64 of the finance act provides that the relevant chapter extends to the whole of india except the state ..... , we are concerned with the negative service tax regime, which was introduced with effect from 1st of july 2012 by incorporation of sections 66b and 66c by the finance act, 2012. ..... 26 with effect from 1st july 2012, more than 100 specific services were incorporated in clause 105 of section 65 of the finance act. ..... clause 105 of section 65 of the finance act.34. ..... includes a non-resident external account and a non-resident ordinary account; (b) banking company shall have the same meaning as assigned to it under clause (a) of section 45a of the reserve bank of india act, 1934 (2 of 1934); (c) financial institution shall have the same meaning as assigned to it in clause (c) of section 45-i of the reserve bank of india act, 1934 (2 of 1934); (d) non-banking financial company means, (i) a financial institution which is a company; (ii) a non-banking institution which is a company .....

Gujarat Ambuja Cements Ltd. and anr. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR2005SC3020; (2005)4CompLJ440(SC); (2005)194CTR(SC)428; 2005(99)ECC377; 2005(182)ELT33(SC); [2005]274ITR194(SC); JT2005(Suppl3)SC389; (2005)4SCC214; 2006[3]STR608; 200

..... the period commencing on and from 16th day of july, 1997 and ending with the 16th day of october 1998, the provisions of chapter v of finance act, 1994, as modified by section 116 of the finance act, 2000, shall have effect subject to the following further modifications, namely; -(a) in section 68, in sub-section (1), the following proviso shall be inserted at the end and shall be deemed to have been inserted on and from the 16th day of july, 1997 ..... was issued exempting services provided by goods transport operators from the levy of service tax altogether and by the finance act, 1998 all provisions in the finance act, 1994 including section 65 (41) sub-clause (m) relating to the levy of service tax on services provided by goods transport operators ..... petitions have been filed challenging the constitutional validity of sections 116 and 117 of the finance act 2000 and section 158 of the finance act, 2003 by which the decision of this court in ..... taken or anything done or purposed to have been taken or done a any time during the period commencing on and from the 16th day of july, 1997 and ending with the day, the finance act, 2000 receives the assent of the president shall be deemed to be valid and always to have been valid for all purposes, as validly and effectively taken or done;(ii) any service tax refunded in ..... hereby declared that no act or omission on the part of any person shall be punishable as an offence which would not have been so punishable if this section had not come into .....

Commnr. of Income Tax, Jalandhar-i Vs. Shri Rajiv Bhatara

Court : Supreme Court of India

Reported in : (2009)222CTR(SC)209; [2009]310ITR105(SC); JT2009(4)SC39; 2009(3)SCALE16; (2009)13SCC315; [2009]178TAXMAN285(SC)

..... according to the assessee, prior to 1.6.2002, the position was ambiguous as it was not clear even to the department as to whether surcharge was leviable with reference to the rates provided for in finance act of the year in which the search was initiated or the year in which the search was concluded or the year in which the block assessment proceedings under section 158bc were initiated or the year in which block assessment order was passed. ..... to clear that doubt precisely, the proviso has been inserted in section 113 by which it is indicated that finance act of the year in which the search was initiated would apply. ..... though parliament was aware of rate of tax prescribed by section 113 and yet in the various finance acts, parliament has sought to levy surcharge on the tax in the case of block assessment. ..... reading section 2(1) of the finance act, 2001, it is clear that the term `income tax' as used in section 2(1) and proviso to section 2(3) of the said act did not include the amount of surcharge. ..... section 158bb is required to be read with section 4 of the act, then the relevant finance act of the year concerned would automatically stand attracted to the computation under chapter xiv-b. ..... section 4(1) prescribes the subject matter of the tax and the rate of that tax is prescribed by the legislature, either under the act as in the case of section 113 or vide the finance act.7. .....