Court : Allahabad
Reported in : [2007]291ITR473(All)
..... and thereby directing to restrict the disallowance under section 43b, out of sales tax collections made during the year, to an amount which has not been paid in the succeeding year ..... the payments made during the year out of these collections and to ascertain whether the balance amount had been paid within the statutory time allowed under the first proviso to section 43b of the income-tax act which, though inserted by the finance act, 1987, with effect from april 1, 1988, was held to be retrospective in operation, being explanatory in nature, and to delete the disallowance made under ..... -tax appellate tribunal, allahabad bench, allahabad, has referred the following question of law under section 256(1) of the income-tax act, 1961 for the opinion of this court:whether, on the facts and circumstances of the case, the income-tax appellate tribunal was legally justified in holding that the first proviso to section 43b, inserted by the finance act, 1987, with effect from april 1, 1988, was retrospective in operation being clarificatory in nature, ..... 26,447 in view of explanation 2 inserted by the finance act, 1989, with retrospective effect from april 1, 1984, the learned commissioner of income-tax (appeals) enhanced the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All84
..... sub-section (2) of section 7 of the finance act, 1951, further provides that:'(2) the amendments made in the central excise and salt act, 1944, by sub-section (1) shall be deemed to have had effect on and from the first day of march, 1951, and accordingly. ..... .'in reality, the amendments of the first schedule of the central excise and salt act made by sub-section (1) of section 7 or the finance act, 1951, did not become eaw until 28-4-1951, but parliament has expressly stated that they are to be treated as if they had become law on the preceding 1st march ..... . on behalf of the respondents it has also been contended that even if parliament had not the power to enact section 7 of the finance act 1951, under the power vested in it by item 84 of list i of the seventh schedule to the constitution, it undoubtedly had that authority under item 97 of the same list which, read with article 246, confers upon it power to make ..... . there is a fundamental right to acquire, hold and dispose of property, and we have earlier given reasons for holding the view that section 7, finance act, does not contravene that right ..... , secondly, for the issue of a writ in the nature of certiorari to quash these notices of demand.7. in our opinion the question of the liability of the petitioners for the payment of additional duty turns on the meaning and effect of section 7 (2) of the finance act, 1951 .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2139; (2002)3UPLBEC2351
..... through its secretary has filed this petition challenging notification dated 5.10.1985 (whereby state government exercising power under section 52 of the act prescribed 12.5% and 13% rate of water tax andsewerage charges respectively) and notification dated 8.3.1986 (whereby cost of water supplied by jal sansthan was increased) copies of said notifications have been filed as annexures-1 and 12 to the ..... this court cannot, for the first time at argument stage, be called upon to ascertain whether decision to introduce or amend such tariff has been taken by passing a special resolution in that behalf after giving such notice as may be prescribed by rules and passed by the majority of two thirds of the members of the jal ..... of aforementioned notifications of 1994 and 1996 during pendency of writ, petitioner applied for amendments which were allowed by court and writ petition was amended and paragraph 35a was inserted as per court order dated may 3, 1996. ..... finance act, ..... judgment was subsequently affirmed by the supreme court vide judgment and order dated 23rd january, 1987 rendered in civilappeal nos. ..... an interim order dated 14.1.1987 was passed by division bench, which reads thus : 'admit and connect with writ petition ..... the learned counsel for the petitioner and perused order dated 14th january, 1987 passed in w.p. no. ..... 14.1.1987' there is no interim order staying gazette notification dated 20.8.1994 and 24.8.1996 revising tariff of water charges and petitioners must have paid the same by .....
Tag this Judgment!Court : Allahabad
Reported in : [2001]247ITR385(All); [2001]117TAXMAN579(All)
..... does not amount to processing of these materials and the assessee was not an industrial company within the moaning of section 2(7)(c) of the finance act, 1973, and the tribunal was wrong in holding so. ..... : [1994]209itr298(cal) , in which a hotel engaged in the manufacturing of eatable food and drinks was held to be an industrial undertaking within the meaning of the provisions of section 2(7)(c) of the finance act, 1982. ..... [1980]126itr377(bom) in which it was held that the assessee who was engaged in the business of construction and repairs of buildings was not an industrial company within the meaning of section 2(7)(d) of the finance act, 1966. ..... following question for the opinion of this court : 'whether, on the facts and in the circumstances of the case, the tribunal is legally correct in holding that the assessee-company is an 'industrial undertaking' within the meaning of section 2 of the finance act, 1973 ?' 2. ..... in the present case having regard to the extent in which industrial undertaking has been defined under the finance act, 1973, the building activity which involves not only the mixing of mortar or cement and the placing of one brick over another with the help of such cement or mortar but also involves the work ..... is no doubt true that the blending of ore of diverse physical and chemical compositions is carried out by the simple act of physically mixing different quantities of such ore on the conveyor-belt of the mechanical ore handling plant. ..... singh sekhar [1987] 167 itr 558 .....
Tag this Judgment!Court : Allahabad
Reported in : [2001]246ITR209(All)
..... whether, on the facts and in the circumstances of the case and on a proper construction of section 43b read with explanation 2 as added by the finance act, 1989, the appellate tribunal was justified in holding that the said explanation will apply retrospectively with effect from april 1, 1984 3. ..... the supreme court has also held in the said case that explanation 2 as added by the finance act, 1989, was retrospective in nature. ..... the income tax appellate tribunal, allahabad bench, under section 256(1) of the income tax act, 1961, has stated a case and referred the following questions stated to be of law and to arise out of its order dated 9-8-1989, passed in i. t. a. no. ..... whether the tribunal was right in holding that the jurisdiction under section 263 was rightly and legally invoked by the commissioner of income tax 2. ..... 3,21,172 which had been paid by the assessee before filing its return of income for the assessment year 1985-86 could not be disallowed under section 43b of the income tax act, 1961. ..... cit : [1997]224itr677(sc) , the supreme court held that the proviso is of a clarificatory nature for giving effect to the true intention of section 43b and is, therefore, retrospective in operation. ..... 3,22,791 and we hold that the commissioner could have exercised jurisdiction under section 263 only in respect of a sum of rs. ..... 1 we hold that the tribunal was not right in holding that the commissioner had rightly exercised jurisdiction under section 263 in respect of a sum of rs. .....
Tag this Judgment!Court : Allahabad
Reported in : 1985(19)ELT68(All)
..... thus prior to coming into force of the finance act of the year 1975, there was no provision for charging excise duty on the manufacture of brass and aluminium torches which admittedly were not made out ..... prior to the enforcement of the finance act of the year 1975, the position was that whereas excise duty was payable on the manufacture of articles made of plastics all sorts under ..... into force of the finance act of 1975 inserting item ..... the superintendent, central excise allahabad, by his order dated 13th august, 1975, amended the said classification list and directed that as the article mentioned against column no ..... of the first schedule of the central excises and salt act, 1944, from payment of excise duty in a case where such articles were produced out of plastic on which the duty of excise or the additional duty under section 2a of the indian tariff act, 1934, as the case may be, had already been ..... 13/66 of 1978 dated 26th december, 1978 passed by the government of india under section 36 of the central excises and salt act, 1944 rejecting the revision application of the petitioner filed against the order of the appellate collector, central excise, new delhi, dated 30th january, 1976 in ..... this decision, in our opinion, merely emphasises that where in statutes like the sales tax act and other fiscal enactments, a word of every day use is mentioned and the scope and meaning of that word in technical or scientific and in common parlance, is not the same, it should in such statute, be .....
Tag this Judgment!Court : Allahabad
Reported in : (2000)164CTR(All)512; [2000]245ITR857(All)
..... it was only after realising' the lacuna of law that the provisions of section 44ab and section 271b were amended by the finance act, 1995, with effect from july 1, 1995, enjoining upon the assessee to furnish the audit report before the specified ..... (iii) whether the tribunal was justified in holding that there was no requirement of law, as it stood at the relevant point of time, before its amendment from july 1, 1995, of filing the audit report before the specified date in view of the fact that section 44ab of the income-tax act, 1961, says that audit report be 'obtained before' the specified date so that it may be filed along with the return of income by/on the specified date ?' ..... (ii) whether the tribunal was justified in holding that audit report was obtained before the specified date as provided under section 44ab of the income-tax act, 1961, in view of the fact that audit report (as is evident from the date given on it) itself was prepared on october 31, ..... has been created by substituting the words 'furnish by' for the words 'obtain before' by the finance act, 1995, with effect from july 1, 1995. ..... thus, prior to the amendment the obligation of an assessee to whom under section 44ab applied was merely to g'et the accounts audited and obtain an audit report before the ..... this appeal under section 260a of the income-tax act, 1961 (hereinafter referred to as 'the act'), has been preferred by the commissioner of income-tax, allahabad, against an order dated november 5, 1998, passed in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All248; [1967]65ITR386(All)
..... the learned advocate general appearing for the petitioner has stressed that section 23-a after its amendment by the finance act 1955, was a charging section and an order passed thereunder was an order of assessment to which section 34 (3) was attracted section 34 (3) provides that no order of assessment shall be made after the expiry of four years from the end of the assessment year no such order could hence be passed for the assessment year 1956-57, after 31st march ..... he repelled the objection that the proceeding were barred by time and held that an order under section 23-a prior to its amendment by the finance act 1955 could be made at any time there was no time limit prescribed for it the legislature having amended the section in 1955 has shifted the liability from the share holders on to the company itself. ..... these cases of the supreme court related to section 23-a as it stood prior to its amendment by the finance act of 1955. ..... -section (8) after its amendment by the finance act. ..... the 1955 finance act substituted the section by the present ..... section 13 (1) of this finance act kept the operation of the hyderabad income tax act alive in respect of levy, assessment and collection of income tax and super tax for the mentioned ..... 'section 13 (1) of the finance act, 1950 was again a provision manifestly enacted with a view to ensure continuity in the process and machinery for assessment and imposing tax liability this object of the legislature influenced the court in interpreting the word .....
Tag this Judgment!Court : Allahabad
Reported in : (1993)112CTR(All)395; [1993]202ITR191(All)
..... : [1989]177itr193(sc) , the legislature decided to intervene with a view to redress the hardship of taxpayers and adopting a pragmatic approach, if we may say so, amended section 34(3)(a) by section 11 of the finance act, 1990, to secure that the condition of creation of the reserve even in a year of loss or insufficiency of profit will not be a mandatory requirement in making the ..... section 34(3)(a) of the act as it stood at the material time, before its amendment by the finance act, 1990, when the appeals came to be decided giving rise to this reference, inter alia, provided that the deduction of development rebate envisaged under section 33 shall not be allowed unless an ..... section 34(3)(a) of the act, as it stood earlier to its amendment by the finance act, 1990, contained ..... the amendments effected in section 34(3)(a) by the finance act, 1990, referred ..... the supreme court examined the legal position in the light of the provisions of sections 33 and 34 of the act and particularly, in the light of the explanation attached to section 34(3)(a), since deleted retrospectively by the finance act, 1990, and held that in order to claim the deduction on account of development rebate, it is obligatory on the assessee to create the reserve in the year of installation ..... we may notice that in the memorandum explaining the provisions in the finance bill, 1990, seeking to amend section 34(3)(a) of the act, the object and scope of the amendment, was stated, inter alia, as under (see [1990] 182 itr .....
Tag this Judgment!Court : Allahabad
Reported in : 1983(12)ELT285(All)
..... sri sudhir chandra appearing for the delhi cloth and general mills company limited contended that since molasses in question was produced at the time when it was exempt from excise duty and the finance act of 1980, under which molasses was introduced as a specific item in the schedule, did not give retrospective operation, this stock could not be subjected to excise duty. ..... when the finance act, 1980 brought molasses under a specific item (no. ..... prior to 18th june, 1980 would not affect the liability of the petitioners for excise duty on the stock of molasses available with the petitioners when excise duty was levied on the molasses under the finance act, 1980.6. ..... by finance act, 1980 the parliament introduced tariff item no. ..... learned counsel, however, could not point out any provision in the act or the rules that excise duty was leviable with reference to the date of production. ..... 15cc was introduced in the schedule to the central excises and salt act was exempt from excise duty under the notification dated 30th april, 1975. ..... 15cc in the first schedule to the central excises and salt act and imposed an excise duty at the rate of rs. ..... under the aforesaid act the excise commissioner, u.p. ..... 68 of the first schedule to the central excises and salt act in certain circumstances. ..... the state of uttar pradesh has passed an act known as u.p. ..... 15cc was introduced in the first schedule to the central excises and salt act. ..... 68 of the schedule to the central excises and salt act. .....
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