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A.H. Wheeler and Co. P. Ltd. Vs. Income-tax Officer, a Ward

Court : Allahabad

Reported in : [1973]88ITR231(All)

..... it appears that in the rectification proceedings before the income-tax officer it was contended that the relevant provisions of the two finance acts were in pari materia with the provisions of clause (ii) of the proviso to paragraph b of part i of the first schedule to the indian finance act, 1951, and that, as that provision had been held invalid by the bombay high court in khatau makhanji spinning and ..... this is a case where the income-tax officer omitted to apply the relevant provisions of the finance acts of 1958 and 1959, and we are satisfied that the omission constitutes a mistake apparent from ..... it is said, a debatable question whether the finance act, 1958, and the finance act, 1959, warranted 'the reduction of super-tax rebate ..... on july 17, 1962, the income-tax officer made two separate orders under section 35 of the act for the two assessment years purporting to rectify the mistake apparent from the ..... the first contention is that in regard to the case of the assessment year 1959-60, the order under section 35 of the act was made after the assessment order had been modified in appeal and it was not open to the income-tax officer to rectify an assessment order after it had been ..... other contention is that the income-tax officer acted outside the scope of section 35 of the act inasmuch as there was no mistake apparent from ..... the income-tax officer issued a notice under section 35 of the act for each assessment year pointing out that there was an error apparent on the record which .....

Indian Hotels and Restaurant Association Represented by Its Treasurer ...

Court : Mumbai

..... it is stated that in exercise of the powers conferred under section 93(1) of the finance act 1994, the government of india, amended with effect from 1.5.2011 the notification number 1/2006 service tax dated 1.3.2006, exempting the taxable services of the description specified in column 3 of the table in the notification from so much of the service tax leviable thereon under section 66 of the finance act 1994, as is in excess of the service tax calculated on a value which is equivalent to the percentage specified in ..... while so, the central government by the finance act, 2011 made an amendment to chapter v of the finance act 1994, relating to service tax, inserting sub-clause (zzzzv) to clause 105 of section 65, thereby, including one more category ..... sought to be made exigible to service tax by way of amendments to section 65 of the finance act. ..... in the present case, service tax levied on services rendered by mandap-keeper as defined in the said act under sections 65, 66 and 67 of the finance act has been challenged by the appellants on the following two grounds: a) that it amounts to the tax on land and, therefore, by reason of entry 49 of list 2 of the seventh schedule of the constitution, only the state ..... and providing facilities during the course of letting out mandapam to their clients, challenged the constitutional validity of 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 mandapams. .....

The Commissioner of Income Tax-v Vs. Natraj Stationery Products (P) Lt ...

Court : Delhi

Reported in : (2009)222CTR(Del)430; [2009]312ITR22(Delhi); [2009]177TAXMAN168(Delhi)

..... for the purpose of the disposal of the present appeal, it would be sufficient, if a note is made of the fact that the section was amended by the finance act, 1992 with effect from 01.04.1993, thereafter by the finance act, 1993 with effect from 01.04.1994, then the finance act, 1994 with retrospective effect from 01.04.1994 and with effect from 01.04.1995, then by finance act, 1995 with effect from 01.04.1996, then by finance act (no. ..... 2), 1996 with effect from 01.04.1997, by finance act, 1997 with retrospective effect from 01.04.1996 and with effect from 01.04.1998, and then the income tax (amendment) act, 1998 with retrospective effect from 01.04.1995 and with effect from 01.04.1998 and the finance act (no. ..... the assessing officer, however, disallowed the deductions as claimed by the respondent/assessee for the assessment year 2001-02.8.2 in these circumstances, it would be relevant to note the provision for deduction as it stood from 01.04.1991 till its amendment by the finance act, 1993 with effect from 01.04.1994. ..... it would be relevant for the purpose of present appeals to note that by virtue of the finance act, 1999 with effect from 01.04.2000, section 80-ia of the act was bifurcated into two sections namely 80-ia and 80ib. ..... the assessing officer failed to note that by virtue of the finance act,1999 with effect from 01.04.2000, section 80-ia had been bifurcated, and consequently, substituted by sections 80-ia and 80-ib. .....

CochIn Company Vs. Commissioner of Income-tax

Court : Kerala

Reported in : [1978]114ITR822(Ker)

..... the assessee had put forward a plea before the income-tax officer that it was entitled to a rebate of tax under section 2(5)(a)(i) of the finance act, 1966, since its total income included profits and gains derived from the export of goods out of india. ..... another contention raised by the assessee before the income-tax officer was that during the relevant accounting period the assessee satisfied the definition of an 'industrial company' as contained in section 2(7)(d) of the finance act, 1966, and that, therefore, the tax had to be levied only at the rate of 55 per cent. ..... on the other two points relating to the claims put forward by the assessee for rebate of tax under section 2(5)(a)(i) of the finance act, 1966, and for computation of the tax at the rate of 55 per cent. ..... /coch/70-71, which was the appeal filed by the assessee-company, the findings of the appellate assistant commissioner disallowing the assessee's claim for rebate of tax under section 2(5)(a)(i) of the finance act, 1966, and for the application of the concessional rate of tax under item i(a)(2) of paragraph f of schedule i of the finance act, 1966, were questioned by the assessee. ..... on the question relating to the assessee's claim for rebate of taxunder section 2(5)(a)(i) of the finance act, 1966, the tribunal agreed withthe view taken by the appellate assistant commissioner and the income-tax officer that the profits obtained by the assessee by sale of importentitlements cannot be regarded as profits or gains derived .....

Smt. Smitha Shetty, Shri Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : (2003)(89)ECC92

..... 76 and 77 of the finance act, 1994.b) the order passed by the adjudicating authority was reviewed by the commissioner in terms of ..... if a person fails to furnish in due time the return which he is required to furnish under sub-section (1) of sec.70 or by notice given under sub-section (2) of that section, he shall pay, by way of penalty, a sum which shall not be less than one hundred rupees, but which may extend to two hundred rupees for every day during which the failure continues.with ..... 76 of the finance act, 1994 stipulates certain minimum penalty incase there is an infraction ..... 76 of the finance act holding that the assessee is liable to pay the penalty at the rate ..... 84 of the finance act, 1994 and as per the review order, the commissioner has enhanced the penalty ..... 76 & 77 of the finance act, 1994 for the failure to furnish the st-3 returns within the due dates.according to the department, the assessee had failed to pay the service tax in time to the credit of the central government payable in ..... on a plain reading of the section, it can be understood that the section has laid down minimum penalty of ..... 100/-per day.the section clearly says the sum shall not be less ..... the absence of comma after the words 'rupees one hundred' it cannot be presumed that section prescribes minimum penalty of rs. ..... instant case, there is no ambiguity or doubt in arriving at the meaning of the wordings of the relevant section. ..... section 76 and 77 as it stood at the relevant point of time are as follows .....

Commissioner of C. Ex. Vs. Eid Parry Confectionery Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (2005)(179)ELT447Tri(Chennai)

..... in order to get over the supreme court's ruling, parliament amended section 65 ibid in relation to the limited period 16-7-1997 to 16-10-1998 under section 116 of the finance act, 2000, whereby recipients of 'goods transport' service and 'clearing and forwarding' service were ..... affected by the amendments made to section 65 by parliament under section 116 of the finance act, 2000 and consequently they are hit by the apex court's ruling in laghu udyog bharati (supra).furthermore, undisputedly, the demands raised by the department, in these cases, are far beyond the period of limitation prescribed under section 73 of the finance act, 1994.7. ..... on, the finance act, 2003, made certain amendments to the service tax provisions of the finance act, 1994, whereby the aforesaid assessees were required to present tax returns to the proper officer within six months from 14-5-2003 (date on which the finance act, 2003 received ..... or anything done or purported to have been (i) taken or done at 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" vide ..... but these rules were held to be ultra vires sections 65 and 66 of the finance act, 1994 by the hon'ble supreme court in the case of ..... both the demands are barred by limitation prescribed under section 73 of the finance act, 1994. .....

Commissioner of C. Ex. Vs. Bhuwalka Steel Industries Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (2005)(185)ELT153Tri(Chennai)

..... in order to get over the supreme court's ruling, parliament amended section 65 ibid in relation to the limited period 16-7-1997 to 16-10-1998 under section 116 of the finance act, 2000, whereby recipients of 'goods transport' service and 'clearing and forwarding' service were defined as "assessees ..... such demands are not affected by the amendments made to section 65 by parliament under section 116 of the finance act, 2000 and consequently they are hit by the apex court's ruling in laghu bharati (supra)." ..... reiterates the grounds of this appeal and submits that, on account of retrospective revalidation of rule 2(1)(d)(xii) of the service tax rules, 1994 under section 117 of the finance act, 2000, the tax on the service availed by the respondents during the period of dispute was recoverable from them. ld. ..... later on, the finance act, 2003, made certain amendments to the service tax provisions of the finance act, 1994, whereby the aforesaid assessees were required to present tax return to the proper officer within six months from 14-5-2003 (date on which the finance act, 2003 received presidential assent). ..... but these rules were held to be ultra vires sections 65 and 66 of the finance act, 1994 by the hon'ble supreme court in the case of laghu udyog bharati (supra ..... otherwise, according to learned counsel, the demand of service tax raised by the department is heavily time-barred inasmuch as the demand raised after 12-5-2000 was not validated under section 117 of the finance act, 2000.ld. .....

Container Tea and Commodities, Represented by Its Partner Vs. Commissi ...

Court : Chennai

..... the prescribed service tax procedure with the intention to evade payment of service tax, a show cause notice was issued to the service provider requiring them to show cause as to why, (i) the extended period under proviso to section 73 of finance act, 1994 should not be invoked to demand service tax not paid in as much as they have suppressed the fact of having rendered the service of "business auxiliary service", (ii) the amount of rs.1,35,53,523/- (service tax rs.1,32,32,549/- + edu ..... (i) above from m/s.container tea and commodities, coonoor, under section 75 of the finance act 1994; (iii) (a) i impose a penalty @ rs.200/- per day on m/s.container tea and commodities, coonoor, for non-registration of their service till such date by which they obtain service tax registration certificate, under section 77 of the finance act 1994; (iii) (b) i impose a penalty of rs.5,000/- on m/s.container tea and commodities, coonoor, under section 77 of the finance act, 1994 for non filing of the st3 returns; (iv) i impose a penalty of 1,72,70,465/- on m/s.container ..... cess rs.56,323/-) for the period from 01/10/04 to 30/09/09 should not be demanded from them under section 73(1) of the finance act, 1994, (iii) an interest at the appropriate rate should not be demanded from them under section 75 of the finance act, 1994, (iv) penalties should not be imposed on them under section 76, 77 and 78 of the finance act, 1994." 3. .....

Commissioner of Income-tax, Bombay City I Vs. Army and Navy Stores Ltd ...

Court : Mumbai

Reported in : (1957)59BOMLR518; [1957]31ITR959(Bom)

..... if, therefore, we place the same construction upon the proviso to section 11 (11) of the finance act of 1946 as the proviso in section 10 (1) of the finance act of 1942, the position of the assessee is equally the same, because there is no doubt that the profits which the assessee made or which it might make were liable to be assessed to excess profits tax in the united kingdom. mr. ..... then we come to the finance act of 1946, and section 11, sub-section (11) of that act provided that any sum being excess profits tax which had been repaid was to be deemed to be income of the previous of the indian income-tax act and was to be treated as income of the previous year which constituted or included the chargeable accounting period in respect of which the said sum was repayable. ..... if that is so, them the position of the assessee company vis-a-vis excess profits tax is the same under the proviso to section 10 (1) of the finance act of 1942 as under the proviso to section 11 (11) of the finance act of 1946. ..... but if that is the interpretation which has to be placed upon the proviso to the finance act of 1942, then the same interpretation should be put upon the proviso to section 11 (11) of the finance act of 1946. .....

N. Rahmath and ors. Vs. Union of India and ors.

Court : Chennai

Reported in : 1988(38)ELT425(Mad)

..... therefore section 52 of the finance act of 1982 cannot be said to violate article 300a of the constitution which has taken the place of article 31 by the 44th constitution amendment. 24. ..... -affidavit filed by the respondent, after referring to the facts and circumstances which led to the enactment of section 52 of the finance act of 1982, it is stated that the parliament has got the requisite legislative power to enact that provision, that it has got the power to give retrospective effect to that provision as it is well-established by now that parliament is free to enact a retrospective legislation and that section 52 of the finance act only carries out the intention of the government in promulgating notification no. ..... according to the petitioners, though the basis of the judgment has been taken away by section 52 of the finance act of 1982 for some, the basis of the judgment is allowed to be operative in respect of others. ..... for appeciating the petitioners' said challenge, it is necessary to set out the circumstances and the background in which the said section 52 of the finance act came to be enacted giving retrospective effect to notification no 22/82[gsr 77(e)/82] dated 23rd february, 1982. ..... the petitioners' substantial grounds of attack in their petitions against section 52 of the finance act of 1982 are these : (1) section 52 contains a non obstante clause to override the effect of any judgment [including the judgment of this court dated 9th december, 1981 in w.p. no. .....