Judgment Search Results Home > Cases Phrase: finance act 1983 section 29 omission of section 80mm Page 3 of about 1,334 results (0.121 seconds)

The Commissioner of Income Tax Vs. Asoka Betelnut Co. Pvt. Ltd.

Court : Chennai

Reported in : (2003)180CTR(Mad)178

..... , madras' has taken the view that the motor cars, owned as stock in trade of the dealer are liable to be taxed as the words used in section 40(3) of the finance act 1983, do not preclude the exclusion of stock in trade from the list of assets to be valued for the purpose of wealth tax. ..... ' has taken the view that unless a business asset is excluded from the scope of section 40(3)(vi) of the finance act 1983, the asset though a business asset would be liable to be taxed as the list is exhaustive and when the list does not exclude a particular asset, the asset would be liable to be taxed under wealth tax. ..... , commercial complex owned by the assessee would fall within the clause found in section 40(3)(vi) of the finance act 1983 and therefore, the question whether it is a plant or not is not of much relevance. ..... the finance minister while introducing the finance bill 1983 has given the reason for introduction of section 40 of the finance act 1983 and the speech of the finance minister reads as under:-'it has come to my notice that some persons have been trying to avoid personal wealth tax liability by forming closely held companies to which they transfer many items of their wealth, particularly jewellery, .....

Arun Excello Foundations (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : LC(2007)(3)269

..... cit(a) ought to have appreciated that there was no ambiguity nor scope for interpretation in view of the clear language of the section which did not postulate any restriction regarding the extent of shops and commercial establishments under section 80-ib(10) and such restrictions with retrospective effect imposed only by finance act, 2004 w.e.f. ..... 2) act, 2004 w.e.f.1st april, 2005, sub-section (10) as amended by the finance act, ..... 2000 has laid down various conditions and the provisions of section 80-ib amended by various finance acts as amended w.e.f. ..... be eligible undertaking, developing and building housing projects and for claiming deduction under section 80-ib(10), finance act, 2000 w.e.f. ..... 2000 by the finance act, 2000 and by the finance act, 2003 and as substituted by the finance (no. ..... 2000 and the same reads as under: liberalisation of tax holiday to approved housing projects--under section 80-ia of the it act, profits of approved housing projects where the development and construction commences on or after 1st oct ..... 2005 by the finance (no.2) act, 2004. ..... 2001 and finance act, 2003 w.e.f ..... these provisions envisage further that for the eligibility of deduction under section 80-ib(10) of profits from such housing projects, the following conditions are to be complied with: (b) such undertaking has commenced or commences development and construction of housing projects on or ..... act is generally passed to supply an obvious omission or to clear up doubts as to the meaning of the previous act .....

Kasturi and Sons Ltd. Vs. Union of India Rep. and ors.

Court : Chennai

..... tax on maintenance charges payable to the company in denmark and therefore, the impugned circular is challenged on various grounds including that the same is ultra vires section 83 of the finance act, 1994 and section 37b of the central excise act, 1944, that when the section itself takes away the maintenance of software from the purview of service tax, the second respondent cannot by virtue of such circular impose service tax, that ..... maintenance of computer software prior to 2006, it is not even their case that in 2007, when the amendment was brought in the finance act, it was given retrospective effect and even the altered definition of the term, goods in the amendment of 2007 in the finance act, 1994 under section 65(105)(zzg) also was not given retrospective effect and hence, it cannot be said that the impugned circular attempts to give ..... is stated that the services done by outsourcing agencies are to be treated as business auxiliary service as defined under section 65(19) of the finance act, 1994 as substituted by the finance (no.2) act, 2004 and the definition information technology service includes computer software, system networking, data processing, etc. ..... declare the circular dated 7.10.2005 issued by the second respondent, the central board of excise and customs as ultra vires section 83 of finance act, 1994 read with sections 37b and 65(19) of the central excise act, 1944 and is in violation of articles 14, 19(1)(g) and 265 of the constitution of india insofar it relates to .....

A. H. Wheeler and Co. Private Ltd. Vs. Income-tax Officer, Allahabad.

Court : Allahabad

Reported in : [1964]51ITR92(All)

this is a writ petition under article 226 of the constitution directed against the orders dated the 17th july, 1962, under section 35 of the income-tax act, 1922 (hereinafter referred to as the act), withdrawing the super-tax rebate under clause i (c) to the second proviso to paragraph d of part ii of the first schedule of the finance act of 1958.the material facts leading up this petition are these : the petitioner is a company duly registered with effect from the 31st december ..... it not being obligatory under the law to add interest in every case, it could not be said that the omission to charge interest in this particular case was necessary due to an error of law on the part of the income-tax officer.that was a case, therefore, where the statute had given the income-tax officer a discretion to ..... assuming that the omission to reduce the super-tax rebate was deliberate, but if that view was manifestly erroneous in law, can it be said that the provisions of section 35 would be ruled out and the only course open to the department was to have invoked the provisions of section 34 of the act the words used in section 35 'mistake apparent from the record' have come in for consideration by the supreme court in venkatachalam v. .....

Nava Bharat Ferro Alloys Ltd. Vs. Union of India (Uoi)

Court : Andhra Pradesh

Reported in : (2005)186CTR(AP)451; 2005(185)ELT236(AP); 2006[3]STR565

..... levied a service tax at the rate of five per cent of the value of the taxable services referred to in sub-clauses (g), (h), (i), (j), (k), (l), (m), (n) and (o) of clause (41) of section 65 which are provided to any person by the person responsible for collecting service tax.sections 65(7), 65(18a) and 65(18b) of finance act, 2000 reads as under:section 65(7) : 'assessee' means a person liable for collecting the service tax and includes-(i) his agent; or(ii) in relation to services provided by a clearing and forwarding agent, every ..... of the said tax and also in furtherance of rectifying the defects in law pointed out by the supreme court, the parliament amended sections 68 and 70 retrospectively and a new section 71a was inserted in finance act of 1994 to validate the collection of service tax from the users of goods transport operator services for the period from 16.7.1997 to ..... accordance with the provisions of the principal act as amended by this act.provided that nothing in this act shall render any person liable to be convicted of any offence in respect of anything done or omitted to be done by him before the 5th day of january 1970 if such act or omission was not an offence under the principal act before the aforesaid date but for the provisions of this act.the argument was same that the tax ..... is 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 force.6. .....

Assistant Commissioner of Income Vs. Apsara Processors (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2005)92TTJ(Ahd.)645

..... of the assessee, it has been vehemently contended that now the issue is set at rest by the above decision of hon'ble apex court that the penalty under section 271(1)(c) cannot be levied where the assessed income is loss prior to amendment by finance act, 2002.however, it was contended on behalf of the revenue that the above decision in the case of prithipal singh was with regard to law applicable in asst. ..... in support of his argument, he has referred to the following provisions wherein the legislature has specifically referred to "loss" : (vi) section 139(1) for return of income having taxable income and section 139(3) for loss return.he, therefore, submitted that since in section 271(1)(c), before the amendment vide finance act, 2002, the word "loss" was not included it has to be presumed that the penalty was only for concealment of income and not for ..... after the above decision, the legislature amended section 143(1a) with retrospective effect while no such modification was made in section 271(1)(c) till the finance act, 2002.the legislature vide finance act, 2002 amended section 271(1)(c) w.e.f.1st april, 2003 and modified clause (iii) after section 271(1)(c) as under : "(iii) in the cases referred to in clause (c), in addition to tax, if, any, payable by him, a sum which shall not be less than but which shall not exceed three ..... cover cases of imposition of penalty or additional tax under any provision for any other act, omission or commission on the part of the assessee. .....

Magus Construction Pvt. Ltd. and anr. Vs. Union of India (Uoi) and ors ...

Court : Guwahati

..... be liable to pay "service tax" on the gross amount charged for the construction services provided, to the builder/promoter/ developer under "construction of complex" service falling under section 65(105)(zzzh) of the finance act, 1994.if no other person is engaged for construction work and the builder/promoter/developer undertakes construction work on his own without engaging the services of any other person, then in ..... by filing an affidavit, their case being, briefly stated, as under:(i) as per the definition of 'construction of complex service', appearing in section 65(105)(zzzh) of the finance act, 1994 (as amended), since the petitioner-company is providing service to its clients, the service, so provided by them, is taxable under ..... , whereby the petitioner-company has been asked to get itself registered under section 69 of the finance act, 1994 (hereinafter referred to as, 'the finance act, 1994'), inasmuch as the petitioner-company has been, according to respondent ..... this court in a catena of decisions has held that the circulars issued under section 37b of the finance act, 1944 are binding on the department and the department cannot be permitted to take ..... , also provides a specific definition of 'residential complex' by inclusion of clause (91a) to section 65(105) of the finance act, 1994, which reads as under:(91a) 'residential complex' means any complex comprising of--(i) a building or buildings, having more than twelve residential units ;(ii) a common area ; and(iii) any .....

Chhotabhai Jethabhai Patel and Co. Vs. Commissioner of Income-tax, Guj ...

Court : Gujarat

Reported in : (1981)22CTR(Guj)173; [1982]134ITR201(Guj)

..... several places, as we have shown by underlining from the quotation from the statement annexed to the declaration under clause 68 of the finance act of 1965, the assessee made it very clear and specified that the amount of rs ..... permitted to go back upon the arrangement because it was only on the basis of that arrangement between the assessee and the department that the two disclosures were made, one under the ad hoc scheme of the finance act of 1965 and the other under s ..... certificate was issued on november 25, 1965, by the commissioner, gujarat-i, certifying that the assessee had made a declaration under clause 68 of the finance act of 1965 of income amounting to rs ..... view of this arrangement which was arrived at, it may be pointed out that there was an agreed assessment but the agreed assessment was cast in the form of voluntary disclosure schemes of the finance act of 1965 (what is called an ad hoc scheme) and the scheme under the finance (no ..... whether, on the facts and in the circumstance of the case, tribunal was justified in holding that imposition of penalties under section 271(1)(c) was justified for, (a) assessment year 1962-63, (b) for assessment year 1963-64, and (c) assessment year 1964-65 ?' ..... clause (a), 'any amount declared by any person under this section in respect of which the tax referred to in sub-s ..... if he credits in books of account, if any, maintained by him for any source of income or in any other record, the amount declared as reduced by the tax paid thereon under this section' .....

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 .....

Commissioner of Central Excise Vs. Mangalam Cement Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2007)7STR673

..... they contended before the revenue that, they had challenged the constitutional validity of sections 116 and 117 of the finance act, 2000 and section 158 of the finance act, 2003 as well as section 71a of the finance act, 1994, therefore, the matter was subjudice. ..... the respondents-assessees had contended in their reply to the show cause notice that since the matter was pending before the supreme court on the question of challenge against the validating provisions of sections 116 and 117 of the finance act, 2000, section 158 of the finance act, 2003 and section 71a of the act, no amount was recoverable from them. ..... 16^th july 1997 were enacted to enable such persons falling under the proviso of sub-section (1) of section 68 like the appellant to file the returns in respect of service tax for the said period within six months from the day on which the finance act, 2003 received the assent of the president in the prescribed manner, on the basis of the self-assessment of the service tax, as provided ..... under section 73(1)(a) as it existed at the relevant time, there was reference not only to return made under section 70, but also to cases where the proper officer had reason to believe that by reason of omission or failure, on the part of the assessee, to disclose wholly or truly all material facts required for verification of the assessment under section 71, the value of taxable service had escaped assessment or had been under-assessed, the requisite show cause notice would be issued .....