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Commissioner of Income Tax Vs. Shri Mahabit Prasad Bajaj

Court : Jharkhand

Reported in : (2008)217CTR(Jharkhand)233; [2008]298ITR109(Jharkhand); [2008(4)JCR709(Jhr)]

..... prior to taxation laws (amendment act), 1984 in section 271, an assessee, who was found to be the owner of any money, bullion, jewellery, etc. ..... the date of the search,then, notwithstanding that such income is declared by him in any return of income furnished on or after the date of the search, he shall, for the purposes of imposition of a penalty under clause (c) of sub-section (1) of this section, be deemed to have concealed the particulars of his income or furnished inaccurate particulars of such income, unless such income is, or the transactions resulting in such income are, recorded-(i) in a case falling under clause (a), before the date of the ..... ], or(c) has concealed the particulars of his income or furnished inaccurate particulars of such income, he may direct that such person shall pay by way of penalty,-(i) in the cases referred to in clause (a), -(a) in the case of a person referred to in sub-section (4a) of section 139, where the total income in respect of which he is assessable as a representative assessee does not exceed the maximum amount which is not chargeable to income-tax, a sum not exceeding one per cent of the total income ..... by finance act, 1985, some amendments were brought in section 139 whereby some of the sub-sections were substituted. ..... thereafter, the department filed four complaints before the magistrate for an offence under section 276c(2), 277 and 278b of the income-tax act and sections 120b, 34, 193, 196 and 420 ipc. .....

Ambika Nahar Exports and anr. Vs. Commissioner of Customs (Port) and o ...

Court : Kolkata

Reported in : 2007(3)CHN625

..... any order of the nature referred to in the first proviso to sub-section (1), which is pending immediately before the commencement of section 40 of the finance act, 1984, before the appellate tribunal and any matter arising out of or concerned with such appeal and which is so pending shall stand transferred on such commencement to the central government and the central government shall deal with such appeal or matter under section 129dd as if such appeal or matter were an application or a matter arising out ..... time within six months from the date of the order, with a view to rejecting any mistake apparent from the record, amend any order passed by it under sub-section (1) and shall make such amendments if the mistake is brought to its notice by the commissioner of customs or the other party to the appeal:provided that an amendment which has the effect of enhancing the assessment or reducing a refund or otherwise increasing the liability of the other party shall not ..... (8) any proceeding before the appellate tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of the indian penal code (45 of 1860), the appellate tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973 (2 of 1974).section 129d. .....

C.C.E. Vs. Chengalrayan Co-operative Sugar

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1989)(20)ECC87

..... 193/82 would be applicable only prospectively and not retrospectively, in view of section 5 of provisional collection of taxes act, 1931, according to which, it is the notification as issued with reference to the finance act, as distinguished from the relevant finance bill, which would prevail and that all refunds that become due according to the final position under the finance act have to be sanctioned wherever there has been excess recovery by virtue of the provisions of the finance bill, read with the provisions of provisional collection of taxes ..... (ii) the collector of central excise (appeals) erred in recording this view without giving any opportunity to the respondent to argue on the issue.in a further amendment of these cross-objections, it is stated, that the learned collector (appeals) had mentioned incorrectly in his order that the respondent unit had come into existence on 16.10.1980. ..... it is emphasized that the appellate collector had not gone into the contention of the respondent that recovery of rebate, which was initially sanctioned on 13.5.1983 by the collector, but later rejected by order dated 25.1.1984 was hit by time bar, as the show cause notice for the rejection was issued only on 30.11.1983, i.e. .....

Mentha and Allied Products Pvt. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1992)43ITD33(Delhi)

..... on this aspect, it would be worthwhile to note that, by the finance act, 1990, both the receipts are retrospectively sought to be treated as profits and gains of business, and that is why appropriate amendments are made not only in section 2(24) of the act but also in section 28 of the act. ..... me and indeed, i should, and also having regard to the historical background that promoted the amendment by declaring that the cash compensatory scheme and the profit derived on the sale of import licence would be treated as business income as against the contrary view expressed by the special bench of the tribunal in the case of gedore tools [1988] 25 itd 193 (delhi), i must hold that the cash compensatory scheme and the sale of import licence ..... we are, therefore, of the view that, from the terms of the contract dated february 23, 1984, it cannot be said that the liability for the whole amount of 75,000 u. ..... cit [1984] 150 itr 292, it was held in this case that the expression " derived from " used in sections 80hha and 80-i is narrower than the word " attributable to ".he also placed reliance upon a decision of the andhra pradesh high court in the case of nava bharat enterprises (p. ..... as is apparent from the terms of the agreement dated february 23, 1984, the agreement was subject to the approval of the reserve bank of india. .....

Collector of Central Excise Vs. Belapur Sugar and Allied

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1986)(6)LC52Tri(Delhi)

..... fact, shri kampani submitted, the question of giving retrospective effect to notification 193/82 did not arise since it was issued under the provisions of the finance act, 1982, and by virtue of section 38 of the central excises and salt act, the notification became part of the act. ..... in the racital of the powers under which the notification was issued, in the place of clause 50(4) of the finance bill, 1882, section 50(4) of the finance act, 1982 was substituted. ..... exact nature of exemption from the duty of excise and special duty of excise [the latter was leviable in terms of clause 50(4) of the finance bill, 1982, read with the declaration in the bill under the provisional collection of taxes act, 1931], was specified separately for "free sale sugar" and levy sugar" and these two terms were defined. ..... in the result, we hold that the benefit of the notification 132/82 as amended on 11-6-1982 by notification 193/82, was not admissible in respect of clearances of sugar by the respondent during the period 1-5-1982 to ..... for consideration is whether the excess production of sugar by the respondent factory during the designated period commencing on 1-5-1982, but cleared before the issue of the amending notification 193/82 on 11-6-1982, was entitled to duty reduction in terms of the said notification 132/82. ..... 86/84 dated 10-12-1984 passed by the collector of central excise ..... took up the matter in appeal which was disposed of by the collector (appeals) by his impugned order of 10-12-1984.5. .....

Washabarie Tea Co. (P.) Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1993)47ITD536(Kol.)

..... it has been held that 'cess' is different in nature and character from "tax or duty" and therefore it cannot be disallowed under section 43b as it stood prior to the amendment to the section made by finance act, 1988 w.e.f. ..... with a view to improving the liquidity position of the public financial institutions and to prevent the misuse of limited resources of finance available to trade and industry through the medium of financial institutions, the bill seeks to amend section 43b of the act to provide that any sum payable as interest on any loan or borrowing from any public financial institution in accordance with the terms and conditions of the agreement governing such loan or borrowing, shall not be allowed as a deduction if ..... 1-4-1988 was applicable with retrospective effect from 1-4-1984 (1984-85 assessment), it should be held that the substitution of clause (a) of section 43b by finance act, 1988 w.e.f.1-4-1989 took retrospective effect from 1-4-1984 and therefore must be held applicable for the assessment year in appeal. ..... ) 192-193.the memorandum which contains the reasons for introducing the amendment and therefore should be construed as contemporanea expositio, shows that parliament was fully aware of the legal controversy whether the words "tax" and "duty" covered statutory levies such as cess, fees etc.the legislature .....

Ags Entertainment Private Limited Vs. Union of India

Court : Chennai

..... of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 of the constitution of india declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii and article 14 of the ..... 226 of constitution of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii and article 14 ..... 226 of constitution of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii and article 14 ..... 226 of constitution of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii and article 14 ..... 193 .....

G.V.Matheswaran Vs. the Union of India

Court : Chennai

..... 33 w.p.nos.14887, 19322, 20982 and 24804 of 2010 are filed seeking a writ of prohibition prohibiting the respondents from (a) giving effect to the provisions of section 65(90a) read with section 65(105)(zzzz) of the finance act, 1994 as amended by the finance act, 2007 and finance act, 2010 (b) levying or attempting to levy, collect or recover from the petitioner, any service tax under the said provisions and (c) levying or attempting to levy, collect or recover from the land owners of the petitioner, any service ..... 32 w.p.nos.24586 and 24588 of 2010 are filed seeking to declare that (i) the impugned provisions, i.e.section 65(105)(zzzz) read with section 65(90-a) of the finance act, 1994, as amended by the finance act, 2010, as null and void and ultra vires and violative of entry 49, list-ii, seventh schedule, articles 14, 19 and 246(3) of the constitution of india, (ii) section 76(a)(6)(h) and section 77 of the finance act, 2010 as null and void and ultra vires the constitution of india insofar as the petitioners are concerned; and (iii) the notification ..... 51 w.p.no.8932 of 2011 is filed by the tamil nadu slum clearance board, seeking to declare the provision of sub-section 9(a) of section 65 of the finance act, as amended by the finance act, 2007, as invalid and this court is not inclined to go into the same as the said provision is intra vires of the constitution in view of the decision taken by this court in paragraph no.30 above, following the decision in home solutions .....

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. .....

Kanoria Industries Ltd. Vs. Union of India (Uoi)

Court : Karnataka

Reported in : 2005(190)ELT295(Kar)

..... provisions of law or rule and therefore there was no occasion at all for the parliament to have enacted a validating levy and if there was no occasion, the very provisions of section 112 of the finance act, 2000 cannot be sustained inasmuch as it is the submission of learned counsel for the petitioners that there was no cause of action for the parliament to make such a law, ..... has been deprived of modvat credit to which the petitioners are otherwise entitled to in terms of the rules governing allowing of modvat credit, only because of the provisions of section 112 of the finance act, 2000, the petitioners are entitled to question the legality of this provision and further submits that even the supreme court while disposing of the review petition in the case ..... court had earlier dismissed the appeal of the revenue as against this order, nevertheless, the revenue having brought to the notice of the supreme court the provisions of section 112 of the finance act, 2000, which was enacted as a validating legislation and which had now virtually taken away any benefit or concession that had been given to an assessee under the ..... have continued to reap the benefit of modvat credit and the petitioner therefore feeling aggrieved by this endorsement as also the provision of section 112 of the finance act, 2000, has challenged the constitutional validity of this statutory provision and for quashing the consequential endorsement and further direction for restoration of the modvat credit entry.4. .....