Court : Karnataka
Reported in : AIR1955Kant49; AIR1955Mys49
..... years for which income-tax has been recovered from the petitioners, assessment could have been levied and collected from the petitioners under section 13(1) if assessment had not been previously levied and collected from them, as section 13(1), indian finance act provides that the mysore income-tax act shall continue to have effect 'for purposes of the levy,assessment and collection of income-tax and super-tax' for the years ..... no doubt, true that a point exactly similar to the one before us arose before thetravancore-cochin high court, and it has been laid down in air 1954 tc 137 -: 'the words 'levy, assessment and collection' in section 13, finance act, 1950, include all the processes by which the tax is ascertained, demanded and realised and 're-assessnient' being one of these processes comes within the ambit of the phraseology employed. ..... in me judgment on this question is contained in paragraph 10 of the judgment which runs: '(10) point (b) : both the words 'assessed' and 're-assessed' occur in section 44, cochin income-tax act, 1117, and section 47, travancore-cochin income-tax act, 1121, and the contention of the petitioner is that as 're-assessment' is not specified in section 13, finance act, 1950, the power to 'reassess' has ceased to exist and is not available any longer. ..... (d) those sections of the various indian acts and ordinances which set out their territorial 'extent of application' will require amending so as to include state territories with effect from the .....
Tag this Judgment!Court : Karnataka
Reported in : [1955]27ITR549(KAR); [1955]27ITR549(Karn)
..... for which income-tax has been recovered from the petitioners, assessment could have been levied and collected from the petitioners under section 13 (1) if assessment had not been previously levied and collected from them, as section 13 (1) of the indian finance act provides that the mysore income-tax act shall continue to have effect 'for purposes of the levy, assessment and collection of income-tax and super-tax' for the years under consideration ..... the only discussion in the judgment on this question is contained in paragraph 10 of the judgment which runs : '(10) point (b) : both the words 'assessed' and 're-assessed' occur in section 44 of the cochin income-tax act, 1117, and section 47 of the travancore-cochin income-tax act, 1121, and the contention of the petitioner is that as 're-assessment' is not specified in section 13 of the finance act, 1950, the power to 're-assess' has ceased to exist and is not available any longer. ..... (d) those section of the various indian act and ordinances which set out their territorial 'extent of application' will require amending as to include state territories with effect from the prescribed date. .....
Tag this Judgment!Court : Karnataka
..... similarly, amendments have been made in the relevant finance act providing for payment of advance tax under sections 115ja and 115, ib. ..... section 115jb was inserted by the finance act. ..... section 115ja was inserted by the finance act of 1996 with effect from april 1. ..... section 115j was inserted by the finance act. ..... the pre requisite condition for applicability of section 234b is that the assessee is liable to pay tax under section 208 and the expression "assessed tax" is defined to mean the tax on the total income determined under section 143(1) or under section 143(3) as reduced by the amount of tax deducted or collected at source. ..... "whether the default was committed, deliberately", in failing to pay advance tax under section 208 of the act when section 234b interest is levied automatically as there is no discretion.3. ..... it is clear from reading sections 115ja and 115jb that the question whether a company which is liable to pay tax under either provision does not assume importance because specific provision(s) is made in the section saying that all other provisions of the act shall apply to the mat company (section 115ja14) and section 115jb(5)). ..... this appeal is preferred by the revenue challenging the order passed by the tribunal which held though the income is computed under section 115ja the provision of section 115j or 115ja are not materially different. ..... 1987 with effect from april 1. .....
Tag this Judgment!Court : Karnataka
..... union of india, through joint secretary, ministry of law and justice bhavan and others reported in ilr2013karnataka 569, while considering clauses (zzq) & (zzzh) and clause (zzzzu) of sub-section 105 of section 65 of the finance act, 1994, has held that parliament had the legislative competence to impose service tax on those transactions which are relatable to service rendered during the course of sale of land and buildings which ..... are applicable and therefore, the impugned amendments made in the year 2011 by insertion of (zzzzv) and (zzzzw) to clause 105 of section 65 of the finance act, 1994, would have to be ..... amendment made to the finance act of 2011 by insertion of sub-clause (zzzzv) and (zzzzw) to clause 105 of section 65 are impugned ..... heard learned counsel for parties, the following point would arise for my consideration:- whether amendments made to finance act, 1994 in 2011 by insertion of sub-clauses (zzzzv) and (zzzzw) are ultra ..... is filed under articles 226 and 227 of the constitution of india praying to declare sub clause zzzzv & zzzzw to clause 105 of sec.65 & 66 of the finance act 1964 as amended by the finance act-2011 is beyond the legislative competency of the parliament. ..... hence, in the instant case, by virtue of the insertions of clauses zzzzv and zzzzw 44 to sub-section 105 of section 65 of the finance act, 1994, the parliament intends to levy service tax on those transactions relatable to service aspect and not on the aspect of sale of goods, which the parliament .....
Tag this Judgment!Court : Karnataka
..... the said notification reads as under: in exercise of the powers conferred by sub- section (1) of section 93 of the finance act, 1994 (32 of 1994) (hereinafter referred to as the finance act), the central government, on being satisfied that it is necessary in the public interest so to do, hereby exempts the taxable service of production of goods on behalf of the client referred in sub-clause (v) of clause (19) of section 65 of the said finance act, from the whole of service tax leviable thereon under section 66 of the said finance act:10. ..... absence of section 5a of central excise act, in section 83 of the finance act, 1994, indicates that the provisions of section 5a of central excise act, is not applicable to the finance act, 1994.13. ..... a bare reading of this notification denotes that this notification is issued under section 93(1) of 11 the finance act, 1994 which exempts the taxable services of production of goods on behalf of the principal manufacturer from the whole of service tax leviable under section 66 of the finance act. ..... -finished goods supplied by the client and goods so produced are returned back to the said client for use in or in relation to manufacture of any other goods falling under the first schedule to the central excise tariff act, 1985 (5 of 1986), as amended by the central excise tariff (amendment) act, 2004 (5 of 2005), on which appropriate duty of excise is payable. .....
Tag this Judgment!Court : Karnataka
Reported in : 2010[18]STR146
..... very liability is under section 65(19) of the finance act, 1994 and this statutory provision has undergone a change by the amendment given effect retrospectively from 10-9-2004, as substituted by the finance (no. ..... charges, for the period from 10-9-2004 to 28-2-2005 was liable to tax in terms of the provisions of section 11a of the act, on the premise that there was suppression of facts on the part ..... the subject matter of the appeal filed under section 35g of the central excise act, 1944, by the commissioner of service tax, service tax commissionerate, bangalore, is as to whether the tax liability under the provisions of finance act, 2005, in respect of the activity of the respondent-assessee namely, activity of enhancing the acidic value of humic acid supplied to the assessee by its sister concern on job work, by collecting the process ..... 2) act, 2004 and again by way of amendment of finance act, 2005 notified on 16-6-2005, it was clarified that service provided by ..... passed by the adjudicating authority we find that there is not even a finding about the suppression of facts on the part of assessee, which could have enabled the adjudicating authority to invoke the provisions of section 11a of the act. .....
Tag this Judgment!Court : Karnataka
..... commissioner of income-tax, bombay city-i versus trustees of miss gargiben trust (no.1) and others reported in (1981) 130 itr 479 (bombay) to contend that the mode of assessment provided under sections 161 and 166 is really alternative to each other and therefore once the ito has brought to tax the income in the hands of either the trustee or the beneficiary, the same income cannot ..... assessment and any amount paid otherwise by way of tax or interest, then, without prejudice to the provisions of sub-section (2), an intimation shall be sent to the assessee specifying the sum so payable, and such intimation shall be deemed to be a notice of demand issued under section 156 and all the provisions of this act shall apply accordingly; and(ii) if any refund is due on the basis of such return, it shall be granted to ..... 1st june, 1999, by the explanation as introduced by the finance (no.2) act of 1991 an intimation sent to the assessee under s.143(1)(a) was deemed to be an order for the purposes of s.246 between 1st june, 1994, to 31st may, 1999 ..... (1)(a) as it stood prior to 1st april 1989, the ao had to pass an assessment order if he decided to accept the return, but under the amended provision, the requirement of passing of an assessment order has been dispensed with and instead an intimation is required to be sent various circulars sent by the ..... the finance act, ..... proviso to s.143(1)(a) was substituted by the finance act, 1997, which was operative till 1st june ..... by the finance (no.2) act of 1991 .....
Tag this Judgment!Court : Karnataka
Reported in : [2009]316ITR345(KAR); [2009]316ITR345(Karn); (2008)218CTR(Kar)273; 2008AIRSCW1287; 2008(2)SCC475.
..... , dated june 14, 1979, to the assessment year 1993-94 though section 36(2) stood amended by the finance act, 1985, with effect from april 1, 1985?3. ..... is how both the appeals came up for consideration before the income-tax appellate tribunal, whereby the impugned order came to be passed.5 it would be relevant to reproduce section 36(1)(vii) and (viia), as it stood prior to the amendments made by the finance act, 1985, which read as follows:36. ..... a scheduled bank or a non-scheduled bank in relation to advances made by its rural branches, an amount not exceeding one and a half per cent, of the aggregate average advances made by such branches, computed in the prescribed manner.6 section 36(1)(vii) and (viia), as it stood after the amendment made by the finance act, 1985, read as follows:36. ..... the assessment years 1985-86, 1986-87 and 1987-88 had held that any such debt 'referred to in the proviso relate to the debts in respect of the rural branches and not to all debts', and that since the bad debts written off in these two assessment years relate only to urban branches, there is no case to make any disallowance under the proviso to section 36(1)(vii) of the act. ..... clause (viia) had again undergone a change by the income-tax (amendment) act, 1986, from april 1, 1987, the relevant portion of which reads as follows:(viia) in respect of any provision for bad and doubtful debts made by-(a) a scheduled bank not being a bank approved by the central government for the purposes of clause (viia) or .....
Tag this Judgment!Court : Karnataka Dharwad
..... not make payment of the same causing loss to the revenue is concerned, in the light of the undisputed fact that the proceedings under section 153a of the said act of 1961 have already been initiated coupled with the fact that section 281 of the said act of 1961, contemplates that any alienation of any property belonging to the petitioners would be null and void, in addition to the specific assertion ..... sinha and olga tellis1 it was held that :" although chapter xx-c does not contain any express provision for the affected parties being given an opportunity to be heard before an order for purchase is made under section 269ud, not to read the requirement of such an opportunity would be to give too literal and strict an interpretation to the provisions of chapter xx-c and in the words of judge learned hand of the united states ..... of the dealer and on the basis of some reliable information that the dealer is likely to defeat the claim of the revenue in case any order is passed against the dealer under the vat act and/or the dealer is likely to sale his properties and/or sale and/or dispose of the properties and in case after the conclusion of the assessment/reassessment proceedings, if there is any tax liability ..... in view of the said amendment, it can be argued that the main plank of the judgment in rajesh kumar to the effect that direction under section 142(2a) entails civil consequences because the assessee has to pay ..... the principal secretary, finance department, government of ..... 1987 .....
Tag this Judgment!Court : Karnataka Dharwad
..... not make payment of the same causing loss to the revenue is concerned, in the light of the undisputed fact that the proceedings under section 153a of the said act of 1961 have already been initiated coupled with the fact that section 281 of the said act of 1961, contemplates that any alienation of any property belonging to the petitioners would be null and void, in addition to the specific assertion ..... sinha and olga tellis1 it was held that :" although chapter xx-c does not contain any express provision for the affected parties being given an opportunity to be heard before an order for purchase is made under section 269ud, not to read the requirement of such an opportunity would be to give too literal and strict an interpretation to the provisions of chapter xx-c and in the words of judge learned hand of the united states ..... of the dealer and on the basis of some reliable information that the dealer is likely to defeat the claim of the revenue in case any order is passed against the dealer under the vat act and/or the dealer is likely to sale his properties and/or sale and/or dispose of the properties and in case after the conclusion of the assessment/reassessment proceedings, if there is any tax liability ..... in view of the said amendment, it can be argued that the main plank of the judgment in rajesh kumar to the effect that direction under section 142(2a) entails civil consequences because the assessee has to pay ..... the principal secretary, finance department, government of ..... 1987 .....
Tag this Judgment!