Court : Supreme Court of India
Reported in : AIR2005SC2622; 2005(4)ALD10(SC); III(2005)BC119(SC); [2005]125CompCas513(SC); (2005)4CompLJ464(SC); 2005(3)CTC39; (2005)195CTR(SC)465; 119(2005)DLT687(SC); 2005(100)ECC457;
..... offences and prosecutions - (1) without prejudice to any award of penalty by the adjudicating officer under this act, if any person contravenes any of the provisions of this act (other than section 13, clause (a) of sub-section (1) of section ix, section 18a, clause (a) of sub-section (1) of section 19, sub-section (2) of section 44 and sections 57 and 58, or of any rule, direction or order made thereunder, he shall, upon conviction by a court, be punishable,-- (i) in the case of an offence the amount or value involved in which exceeds one lakh of rupees, with imprisonment ..... offences and prosecutions - (1) without prejudice to any award of penalty by the adjudicating officer under this act, if any person contravenes any of the provisions of this act (other than section 13, clause (a) of sub-section (1) of section 18, section 18a, clause (a) of sub-section (1) of section 19, sub- section (2) of section 44 and sections 57 and 58, or of any rule, direction or order made thereunder, he shall, upon conviction by a court, be punishable, -- (i) in the case of an offence the amount or value involved in which exceeds one lakh of rupees, with imprisonment ..... amendment was made in wealth tax act, 1957 also by insertion of sub-section (3) in section 35ha by the same finance ..... on section 48a of the monopolies and restricted trade practices act, 1969, which was inserted by the 1984 amendment, is ..... it is obvious that notwithstanding such an amendment made in 1984, a body corporate cannot be visited .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(3)WLC62
..... 2 has also carried out an adjustment in terms of the amendment introduced in the act of 1964 by the finance act, 1997 whereby the appointed date has been shifted to 1.4.1997 and a revaluation as on 1.4.1997 is required to be made under section 14 of the act of 1964. ..... such a situation could not have been envisaged when the original act was introduced in 1964 or when it came into force in 1973 and, therefore, sections 13, 15 and 15b of the act cannot and need not be compared with section 3 (1b) of the act which has been subsequently introduced by the rajasthan ordinance of 1988 or by the finance act, 1989; and, the two provisions deal with altogether separate situations. ..... for our consideration are that:-(1) whether, fresh assessment is permissible under the law in respect of the land held by the previous owner who had exercised the option in terms of one time tax scheme prescribed by section 3(1b) of the rajasthan land and buildings tax act, 1984 (hereinafter referred to as 'the act') even though the certificate exempting the aforesaid land from the future tax liability had been issued by the competent officer of the department? ..... an option under the one tax tax; (b) that the land be valued by belting and development method or by capitalisation of rent; (c) that the value of subject land be taken on the basis of its assessment under the wealth tax act, 1957 whereunder the subject land had been valued in the hands of m/s. .....
Tag this Judgment!Court : Rajasthan
Reported in : [2003]259ITR79(Raj); 2003(2)WLN515
..... unintended hardship of closely held companies on account of the provisions of sub-section (3) and to provide incentive for growth and modernisation, the finance act, 1988, has amended sub-section (3) of section 40 of the finance act, 1983, by amending clause (i), inserting a proviso to clause (v), substituting the existing clause (vi) by new clauses (vi), (via), and (vib) and inserting a proviso to the sub-section. ..... nature of the amendment made by the finance act, 1988, it has been submitted before us that the proviso which is inserted by theamending finance act, 1988, should be given retrospective effect and should be read as forming part of section 40(3) of the act from its inception ..... however, by the time the assessments were completed, section 40 of the finance act was amended whereby it was provided that certain assets which were held by the company as stock-in-trade in a business carried on by it, such assets shall not form part of the net wealth of ..... circumstances of the case, the tribunal was legally justified in directing that the immovable properties be valued as per schedule iii to the wealth-tax act for the assessment of assessment year 1984-85 whereas the said schedule iii came into existence with effect from the assessment year 1989-90 3. ..... jaipur bench, jaipur, has made the instant reference under section 27(1) of the wealth-tax act, 1957, seeking opinion of this court on the following questions : ..... value the properties as per schedule iii to the wealth-tax act, 1957. .....
Tag this Judgment!Court : Chennai
Reported in : (2002)176CTR(Mad)234; [2002]256ITR440(Mad)
..... the explanation to section 25(2) in clause (c) thereof, after its amendment by the finance act of 1989 makes this abundantly clear. ..... the question referred concerns the correctness of the order of the tribunal holding that the commissioner of wealth-tax under section 25(2) of the wealth-tax act, 1957, had no jurisdiction to revise the valuation of the property, when that valuation was the subject matter of an appeal which was filed by the assessee and was pending when the revisional power was exercised. ..... the proviso under section 25(1) of the wealth-tax act bars the commissioner from revising an order unless the time for filing an appeal has expired or the assessee had waived his right of appeal. ..... the assessment year is 1984-85.2. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Madras
Reported in : (2000)73ITD180(Chennai)
..... the plea as raised in this appeal is that the said section that was amended by the finance act, 1988 had extended the exemption to the buildings that are owned by the company and used by it for the residence of its employees without any restriction to the salary that are paid to such employees, is to ..... the said section as it was enacted, followed by the amendment that was made by the finance act, 1988. ..... was that the amendment that was made by the finance act, 1988 was with a view to remove certain unintended hardships caused by the enactment made by finance act, 1983. ..... this sub-clause was amended by the finance act, 1988 and it read, "the building or land appurtenant thereto, other than building or part thereof used by the assessee as factory, godown, warehouse, hotel or office for the purposes of its business or as a residential ..... the lawmaker in their amendment made by finance act, 1988 has stated that 'the unintended hardship was noted with reference to the assets that are held as ..... 13 of the finance act, 1960 [13 of 1960], relating to exemption of companies from levy of wealth-tax under the wt act, 1957 (27 of 1957) (hereinafter referred to as the wt act), wealth-tax shall be charged under the wt act for every assessment year commencing on and from 1st april, 1984, in respect of the net wealth on the corresponding valuation date of every company, not being a company in which public are substantially interested, at the rate of two per cent of such ..... 1984-85, and subsequent .....
Tag this Judgment!Court : Chennai
Reported in : [2001]250ITR523(Mad)
..... the tribunal has held that the cinema building owned by the assessee is entitled to exemption from wealth-tax under section 40(3)(vi) of the finance act, 1983, as it stood during the relevant period, namely, the years 1984-85, 1985-86, 1986-87, despite the fact that cinema house was not mentioned in that provision and it came to be included therein only after the finance act, 1988, was passed and that amendment was given effect to from april 1, 1989. ..... we, therefore, answer the question referred to us which reads as follows :'whether, on the facts and in the circumstances of the case, the tribunal was right in cancelling the orders of the commissioner passed under section 25(2) of the wealth-tax act, 1957, on the ground that the theatre building has to be excluded out of the assets included in section 40(3)(vi) of the finance act, 1983, as it forms part of the business assets of the assessee-company for the assessment years 1984-85, 1985-86 and 1986-87 ? ..... applying that test to the facts of this case it is clear that section 40(3)(vi) of the said act as it stood at the relevant time was not capable of being construed as including cinema house when what was regarded as business assets had been exhaustively listed and that list did not include cinema house ..... with a view to confer a benefit which had not been conferred before the law was amended that does not necessarily imply that the amendment is to be given retrospective effect even without a legislative declaration to that effect. .....
Tag this Judgment!Court : Chennai
Reported in : (2000)162CTR(Mad)276
..... of the case, the tribunal was right in cancelling the orders of the commissioner of wealth tax passed under section 25(2) of the wealth tax act, 1957 on the ground that the theatre building has to be excluded out of the assets included in section 40(3)(vi) of the finance act, 1983, as it forms part of the business assets of the assessee-company for the assessment years 1984~85, 1985-86 and 1986-87''?in favour of the revenue and against the assessee and hold that for the assessment ..... jayasimha babu, j:the tribunal has held that the cinema building owned by the assessee is entitled to exemption from wealth-tax under section 40(3)(vi) of finance act, 1983, as it stood during the relevant period, namely, the years 1984-85, 1985-86, 1986-87, despite the fact that cinema house was not mentioned in that provision and it came to be included therein only after the finance act, 1988, was passed and that amendment was given effect to from 1-4-1988. ..... every case of removal of hardship by parliament does not indicate a parliamentary intention to remove that hardship from an anterior date unless the scheme of the act, the context in which the amendment was made and the language of the amendment warrants such a view. ..... if with a view to confer a benefit which had not been conferred before the law was that does not necessarily imply that the amendment is to be given retrospective effect even without a legislative declaration, to that effect. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu
Reported in : (1999)(112)ELT251Tri(Chennai)
..... amendments carried out by section 45 of the finance act, 1984, to the provisions contained in section 3 of the central excises and salt act ..... of customs leviable on the like goods imported from abroad, a proviso has already been inserted in section 3 of the central excises and salt act, 1944 vide section 46 of the finance act, 1982 (14 of 1982). ..... of customs leviable on the like goods imported from abroad, a proviso has already been inserted in section 3 of the central excises and salt act, 1944 vide section 46 of the finance act, 1982 (14 of 1982). ..... /10(2)76 dated the 3rd march, 1976, from the whole of the duty of customs leviable thereon under the first schedule to the customs tariff act, 1975 (51 of 1975) and the additional duty, if any, leviable thereon under section 3 of the second mentioned act, subject to the following conditions, namely :- (1) the importer has been granted necessary licence for the import of the goods for the said ..... excise duty to be levied on the goods produced or manufactured in an undertaking when allowed to be sold in the domestic tariff area is the basic excise duty leviable under section 3 of the central excises and salt act, 1944, since such goods are to be charged the basic excise duty equal to the duties of customs leviable on like goods if imported from abroad and not the basic ..... however, by virtue of section 52 of the finance act, 1984 and section 3 of the additional duties of excise (goods of special importance) act, 1957, special excise duty and .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jabalpur
Reported in : (1995)52ITD212Jab
..... written to cwt(appeals), bareilly, where he had mentioned that the words "this act", as used in section 18(1)(a) will not cover section 40 of the finance act, 1983 and will only relate to the main wt act, 1957.4.1 in addition to the legal issue raised by the learned counsel, he referred to the fact that the provisions of new section 40 of the finance act, 1983 were not known to the assessee as the assessment year 1984-85 was the first assessment year and the assessee had a reasonable cause in late ..... (supra) and submitted that a liberal view may be taken.4.2 he also mentioned that the assessee cannot be penalised for the lacuna in law and penalty cannot be charged unless the act is suitably amended.4.3 the learned counsel also stated that the penalty imposed for the assessment year 1985-86 is for a period of one month and the same should not have been levied.5. ..... connection the cwt (appeals) analysed the statement of facts filed by the learned counsel and noted that the only reason attributed to the late filing of the return was ignorance of the assessee about the amended provisions relating to wealth-tax in the case of closely-held companies. ..... for extension of time and the submissions made by the learned counsel, the cwt (appeals) observed that "it is, therefore, proved to be hilt that the plea taken before the assessing officer as well as before me of ignorance of the amended provisions of law is thoroughly misleading. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Pune
Reported in : (1991)36ITD98(Pune.)
..... explanation to section 263 was being inserted by the finance act, 1988 with effect from 1-6-1988. ..... referring to the amendment made to section 263 especially insertion of explanation thereto, the learned counsel for the assessee submitted that the amendment cannot be retrospective with effect from a date earlier to the date on which the provision sought to be amended itself was brought on the statute book. ..... this is an appeal by the assessee which is directed against the revisional order of the cit kolhapur dated 3-9-1986 wherein he has held that the assessment order for the year 1981-82 passed by the ito on 20-9-1984 allowing depreciation at 20%, additional depreciation at 10% and investment allowance at 25% on the machinery "electric data processing machinery" purchased by the assessee on 3-9-1980 for rs. ..... in other words, the bombay high court held that irrespective of the language in which the amending provisions are couched, the amendment cannot be retrospective with effect from a date earlier to the date on which the provisions sought to be amended itself was brought on the statute book. ..... cit [1957] 31 itr 909 is approved by the bombay high court in the case of p. .....
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