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Tamilnadu Kalyana Mandapam Owners Association Vs. Union of India and o ...

Court : Chennai

Reported in : 2001(133)ELT36(Mad); [2002]253ITR250(Mad); (2001)2MLJ629; 2006[2]STR438

..... shortly stated, the case of the petitioners before us is that this tax and the provisions therefor in sections 65, 66 and 67 of the finance act are firstly beyond the 'legislative competence' of the union of india as, in fact, in pithand substance, this tax amounts to a 'tax on land and buildings', which is covered by entry 49 of the state list (list ii) of the ..... , the constitutional validity of and section 116 of the amendment act 32 of 1994 is being challenged ..... it was pointed out that in the tami nadu general sales tax act, a provision was introduced by way of an amendment in 1984 wherein the term 'sale' specifically included the exact phraseology of sub-clause (f) ..... in paragraph 8 of the judgment, which are as under (page 608) : 'now, in this connection the speech made by the finance minister while moving the amendment introducing sub-section (2) is extremely relevant, as it throws considerable light on the object and purpose of the enactment of subsection (2). ..... learned counsel, therefore, refers to the statement of objects and reasons of the forty-sixth amendment and argues that sub-clause (f) of clause (29a) was clearly brought in because of the two earlier decisions by the supreme court, they being the decision in ..... the numbers alone changed under the amended act but, the language of the provisions ..... elt21(sc) would be really of no consequence as all that it provides is that after the introduction of the forty-sixth amendment, there cannot be a splitting of the works contract. .....

Commissioner of Income-tax Vs. Poly-ene General Industries

Court : Chennai

Reported in : [1976]104ITR242(Mad)

..... the assessee claimed rebate under section 2(5)(a)(iii) of the finance acts, 1964 and 1965, on the ground that polythene bags manufactured by it were actually exported out of india by the persons by whom they were purchased and as such the said exports were eligible for the relief ..... following question has been referred:'whether, on the facts and in the circumstances of the case, the appellate tribunal was right in law in holding that the assessee-firm was entitled to relief provided for under section 2(5)(a)(iii) of the finance acts, 1964 and 1965?'4. ..... the only point taken before the tribunal was based on the interpretation of section 2(5)(a)(iii) of the finance acts, 1964 and 1965. ..... the relevant provision of the finance act was designed to give an incentive to exports ..... of the exporters using the vary same polythene bags for the purpose of their export of tobacco and on such a clear finding the assessee was entitled to the relief provided under the said provisions of the finance act.3. ..... clause (ii) of section 2(5)(a) provided that where an assessee whole total income included any profits and gains derived from the export of any goods out of india, was engaged in the manufacture of any articles in any industry specified in the first schedule to the industries (development and regulation) act, 1951, and if he had exported after a particular date such articles out of india, he would be entitled, in addition to the deduction of tax referred to in sub-clause (i), to a further deduction .....

Commissioner of Income-tax Vs. Tamil Nadu Industrial Investment Corpor ...

Court : Chennai

Reported in : [1999]240ITR573(Mad)

..... when it was amended by the finance act, 1966, the limit was raised to 25 per ..... with that object in view that the explanation was omitted by the finance act, 1974, with effect from april 1, 1975, and if we accept the contention urged on behalf of the assessee that it is open to the assessee to rely upon the surplus reserve of earlier years, it will defeat the object behind the legislative intention in deleting the explanation to section 36(1)(viii) of theact. ..... not expressing any opinion on the correctness of the view expressed by the punjab and haryana high court except to point out that under section 36(1)(viii) of the act, the special reserve should not only be created out of the income chargeable to tax, but must be carried to reserve account. ..... cit wherein the punjab and haryana high court dealt with a case of deduction under section 80c of the act and the court held that the amount of the life insurance corporation premium need not come out of the income chargeable to tax is not of any assistance to ..... : [1980]123itr619(mad) this court has taken a view that under the explanation to section 34(3) of the act, the deduction of development rebate should not be denied by reason only that the amount debited to the profit and loss account of the relevant previous year and credited to the reserve account exceeded the ..... the legislative history makes the position clear, when clause (viii) of section 36(1) of the act was introduced a deduction was granted for anamount not exceeding 10 per .....

Commissioner of Income Tax Vs. S.S.M. Processing Mills

Court : Chennai

Reported in : (1997)138CTR(Mad)106; 2003(156)ELT5(Mad); [1997]227ITR596(Mad)

..... ' entitled to the concessional rate of tax and that in the context of the statute which had used the expression 'processing' in contradistinction to or differently from the expression 'manufacture' the assessee-company was engaged in the act of processing the goods in terms of the finance act in force at the relevant time. ..... 2(7)(c) and 2(8)(c) of the finance act, 1973 and 1974 respectively. ..... 2(7)(c) of the finance act, 1973, the gujarat high court on the facts available on records, held 'that the assessee was carrying on business in ginning and pressing of ..... 2(7)(c) of the finance act, 1973, and, therefore, it was an 'industrial company' entitled to the concessional rate of ..... of india : [1986]162itr846(sc) , where, it was held that for the purposes of central excises and salt act, 1944, the expression manufacture was taken to include processes like bleaching; shrink proofing, grease resisting and the like. ..... while answering the said question, the allahabad high court held that there is inherent indication in the act which shows that, in its context, processed seeds must be treated as falling either in the category of manufacture or ..... it would not be reasonable or permissible for the court to rewrite the section or substitute words of its own for the actual words employed by the legislature in the name of giving effect to the supposed underlying object. ..... prior to amendment of the central excises and salt act, 1944. ..... (prior to 1980 amendment) of central excises and salt act, 1944. .....

Commissioner of Wealth Tax Vs. Alfred and Berg Co. (i) (P) Ltd.

Court : Chennai

Reported in : (2004)186CTR(Mad)494

..... matter to the tribunal by holding that the presence of the object clause in the memorandum of association is alone not sufficient and the tribunal should consider whether the building was a business asset or not with reference to section 40(3)(vi) of the finance act, 1983 and also with reference to the terms of the lease deed under which the property was let out. ..... the tribunal also has to consider the terms of section 40(3)(vi) of finance act and then examine the question and even if it is commercial asset, it has to be considered whether it is excludible from the levy of wealth-tax. ..... the wto applied section 40(3)(vi) of the finance act, 1983 and held that the let out portion of the building was assessable to wealth-tax, which was confirmed by the cwt(a). ..... out portion of the building fell within one of the objects of the company and therefore the portion let out by the assessee was a business asset and the same was exempt under the provisions of section 40(3)(vi) of the finance act, 1983. ..... the tribunal has stated the case and referred the following question of law under section 27(1) of the wt act, 1957 in relation to the asst. ..... 1984-85 to 1987-88 of the assessee :'whether, on the facts and in the circumstances of the case, the tribunal was right in law and had valid materials in holding that the market value of the rented portion of the building should be .....

Commissioner of Wealth Tax Vs. P. Devasahayam

Court : Chennai

Reported in : (1998)144CTR(Mad)313; [1999]236ITR885(Mad)

..... 2(6)(d) of the finance act, 1968, and that the assessee is an 'industrial company' within the meaning of the definition contained in that section ? ..... but, in the context of the act with which we are now dealing, namely, the finance act, 1968, that does not appear to be the position ..... the particular provision of the finance act with which we are concerned here prescribes specific rates of tax and the assessee seeks to be included within the definition of the term 'industrial company', so as to get the benefit of the lesser rate of taxation ..... the interpretation of the expression 'manufacturing process' for purposes of the factories act, 1948, will not be relevant in construing the same expression for purposes of finance act, 1966. ..... of the finance act, 1982. ..... 2(7)(c) of the finance act, 1973, and hence the assessee was an industrial company entitled to the concessional rate of tax ..... 2(7)(d) of the finance act, 1966, has been used in the sense of merchandise, i.e ..... of the finance act, 1966. ..... of the finance act, 1968. ..... 2(6)(d) of the finance act, 1968, and, therefore, the assessee was an 'industrial company' ..... in connection with the assessment of the company for the year 1968-69, the assessee claimed to be an 'industrial company', as the term is defined in the finance act, 1968. ..... 2(7)(c) of finance act, 1973 was to give concession in the rate of income-tax to manufacturing ..... 2(6)(d) of finance act, 1968, the assessee claimed that it should be taxed at the rate applicable to an 'industrial company .....

Madras Bar Association and ors. Vs. Central Board of Direct Taxes and ...

Court : Chennai

Reported in : [1995]216ITR240(Mad)

..... it includes obtaining by any of such organisations supply of labour under a contract with a contractor for carrying out its work which would have fallen outside the 'work', but for its specific inclusion in the sub-section', would go to show that the words 'any work' did not carry such wide import as now sought to be ascribed to it by the impugned circular and at any rate the ratio of the decision of the supreme ..... learned senior counsel further, that the authorities concerned, in practice, resolve by resolutions or pass orders appointing a standing counsel or a chartered accountant, particularly, in the teeth of the provisions contained in the companies act to engage the services of the various institutions or professionals under consideration and that this constitutes an implied contract and, consequently, the submissions made on their liability to be proceeded against have no substance whatsoever. ..... , of course, when the proposal gets finally incorporated in the finance act that may be passed ultimately, it will have the force of ..... does not apply to payments made by way of professional fees also gets support from the fact that in the year 1987, in the finance bill, 1987, provision was sought to be made to provide for deduction of tax at source from payments by way of professional fees by insertion of a new section, viz., s. ..... this necessitated an amendment to the constitution to enable the levy of sales-tax on the cost of goods supplied by the contractor, while executing the works .....

Madura Coats Ltd. Vs. Assistant Collector of Central Excise and ors.

Court : Chennai

Reported in : 1979CENCUS17D; 1978(2)ELT511(Mad)

..... was repealed and was re-enacted with modifications as the mines act, 1952; section 29 of the 1923 act empowering the central government to make regulations onsis-tent with the act for specified purposes was re-enacted in the 1952 act as section 57 regulations were made in 1926 under section 29 of the 1923 act; but at the relevant date in 1955, no regulations had been made under section 57 of the 1952 act, so that in 1955 the mines regulations 1926 had not been superseded by any regulations ..... though the hard waste was assessable under item 18 previous to the finance act of 1972, and was assessable under item 18-e after the said act, the exemption notification issued in the year 1965 will continue to have the same effect as it has been issued in respect of the duty payable on hard waste, originally under item 18 but subsequently under item 18-e.8. ..... though the tariff rate in relation to the hard waste was changed under the finance act, the exemption notification issued as regards the duty payable under the unamended provision shall be deemed to continue in force after the finance act of 1972 till a fresh notification was issued after it came into force. ..... 'the effect of this amendment was that the terene/cotton yarn which was originally covered under item 18 will now fall under the new tariff item 18-e. ..... 18 was amended and a new tariff item no. .....

Tamil Nadu Cricket Association Vs. Director of Income Tax

Court : Chennai

..... inserted with effect from 01.10.2004 under the finance (no.2) act, 2004 and the amendment inserted by finance act, 2010, with effect from 01.06.2010 therein empowering the commissioner to cancel the registration granted under the stated circumstances, reads as under:- provision inserted under finance act, 2004: section 12aa(3):- where a trust or an institution has been granted registration under clause (b) of sub-section (1) and subsequently the commissioner is satisfied that the activities of such trust or institution are not genuine or are ..... 12aa(3):- where a trust or an institution has been granted registration under clause (b) of sub-section (1) or has obtained registration at any time under section 12a as it stood before its amendment by the finance (no.2) act, 1996 (33 of 1996) and subsequently the commissioner is satisfied that the activities of such trust or institution are not genuine or are not being carried out in accordance with the objects of the trust or institution, as the case ..... . commissioner of income tax (central), pune & anr), the bombay high court held as follows: ".as a result of the amendment, which has been brought about by the finance act of 2010, subsection (3) of section 12aa has been amended specifically to empower the commissioner to cancel a registration obtained under section 12a as it stood prior to its amendment by the finance (no.2) act, 1996 .....

Mohabir Enterprises Vs. Commissioner of Central Excise

Court : Chennai

..... , had been reduced to rs.4 lakhs under section 35-f of the central excise act (hereinafter referred to as 'the act') made applicable to the service tax as per section 83 of the finance act and the balance amount was waived, is called in question, seeking to quash the same as unlawful, arbitrary and not sustainable in law.3 ..... respondent passed the impugned order, dated 22.1.2013, in pre-deposit-cum-appeal order no.62/2013 (m-st(pd)) (in a.no.366/2012 (m-st)), thereby directing the petitioner to pay the amount of rs.4 lakhs as pre-deposit in cash on or before 12.2.2013 under section 35-f of the act, made applicable to service tax as per section 83 of the finance act and the balance amount was waived. ..... , against which, the petitioner filed a statutory appeal under section 85 of the finance act, 1994, before the first respondent-appellate authority, along with petition for stay/waiver of pre-deposit of service tax, interest and penalty and the said appeal was numbered as a.no.366/2012(mst ..... a show cause notice in no.608/2009, dated 30.11.2009 was issued by the second respondent to the petitioner, requiring the petitioner to show cause as to why a sum of rs.47,93,649/- towards service tax, should not be demanded under section 73(1) of the finance act, 1994, apart from demand of interest. ..... petitioner contested the classification and taxability of impugned services under the category "survey and exploration of mineral services" as defined under section 65(104a) of the finance act, 1994.4. .....