Court : Kolkata
Reported in : 1988(18)ECC16,1988(18)LC556(Calcutta),1988(36)ELT225(Cal)
..... presentation of the budget speech for the year 1987-88 and obtaining legislative sanction for framing rule for giving credit of money with respect of raw-materials used in the manufacture of excisable goods as introduced under section 96 of the finance bill, 1987, modvat scheme was subsequently extended vide notification no. ..... accordingly, i hold that merely because the petitioners had increased the price of aerated waters on the basis of the policy of the central government, does not and cannot amount to acting to the prejudice and alter the position of the petitioners to his detriment and under such circumstances, i hold that the necessary ingredients for establishing promissory estoppel are wholly absent in ..... of set-off procedure and/or proforma credit scheme as stated hereinbefore, was vogue, the provisions of the said act was amended so as to delete the first schedule thereto with effect from 28.6.1986 by the notification dated 5.12.1986 and to make-all excisable goods subject to duty at the rate set forth in the schedule to the central excise tariff act, 1985 (act no. ..... , dated 4-6-1979 as amended from time to time, exempted all excisable goods on which the duty of excise is leviable and in the manufacture of which any goods falling under item 68 of the first schedule to the said act, had been used as raw-materials or component parts from so much of duty of excise leviable thereon as was equivalent to the duty of excise already paid upon the said raw-materials are components .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1993)44ITD711(Kol.)
..... for the assessee submitted that the amendment made to section 263 of the act by inserting a new explanation with effect from 1-6-1988 by the finance act, 1988 and the further amendment made by the finance act, 1989 extending the scope of the explanation with retrospective effect from 1-6-1988 applied only in respect of the orders passed by the commissioner on or after 1-6-1988 and the present order passed by the commissioner under section 263 having been passed on 24-3-1988 ..... , prior to the amendments made by the finance act, 1988 as well as the finance act, 1989 to section 263 of the act, the doctrine of merger must be ..... the learned counsel for the assessee was at pains to point out that the order under section 263 in the present case having been passed on 24-3-1988 the explanation (c) to section 263 inserted by the finance act, 1988 with effect from 1-6-1988 and expanded by the finance act, 1989 with retrospective effect from 1-6-1988 cannot be pressed into service to uphold the order ..... out that since the cit(appeals) had disposed of the assessee's appeal by order dated 31-3-1987 the assessment order had merged with the appellate order and, therefore, the cit had no jurisdiction to revise the assessment order under section 263. ..... , as narrated earlier, what was taken in appeal by the assessee and decided by the cit (appeals) on 31-3-1987 was the deduction of rs. ..... cit [ 1987] 167 itr 86 on ..... [1987] 167 itr 671, wherein the doctrine of merger was ..... his order on the appeal on 31-3-1987. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1993Cal78
..... of the constitution is totally ousted in respect of the questions involved in the writ petition by reason of the provision of sections 6 and 14 of the west bengal taxation tribunal act, 1987 as amended by west bengal taxation tribunal (amendment) act, 1992 read with notification of finance department no. ..... 2(k) of the tribunal act, 1987 by reason of the west bengal taxation tribunal (amendment) act, 1992 read with finance notification dated 20th april, 1992 i.e, long after the judgments delivered in india cement and orissa cement and must suffer the same ..... tax under any specified state act, section 2(k) of the tribunal act, 1987 defines specified state act in the following terms :--' 'specified state act' means a state act specified in the schedule to this act. ..... of major mineral raised and the rate of cess prevailing in respect of coal during the period commencing from the date of commencement of the principal act and ending on the date of commencement of the madhya pradesh upkar (sanshodhan) adhiniyam, 1987, shall be deemed to be the rate of cess notified under this sub-section in respect of coal: provided that subject to the limitation mentioned above the state government may, by notification, increase or reduce the rate ofcess at ..... section 6 of the tribunal act, 1987 provides that with effect from the dates specified by the state government by notification the jurisdiction of all courts including the high court but excluding the supreme court for adjudication of disputes with .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1995)53ITD180(Kol.)
..... for this purpose, section 89a was first introduced into the income-tax act by the finance act, 1982. ..... thereafter, the section was omitted and it was replaced by section 80hhc introduced by the finance act. ..... this was consequential to the amendment made to section 28 of the income-tax act treating the above three items as business income. ..... since its introduction, the section has received various modifications and amendments but the substance of the section is the same viz. ..... 1 -4-1991 by the finance act, 1990. ..... this decision establishes the proposition that it is necessary to infer the intention of the legislature while interpreting the provisions of a section it also establishes the proposition that even though in respect of the fulfilment of the second condition viz. ..... however, if regard is had to the fact that the legislature by amendment excluded freight and insurance from the total turnover, thereby bringing the total turnover at par with the export turnover, it would be clear that the intention of the legislature is to harmonise both the expressions.in other ..... a new explanation (ba) was introduced below section 80hhc with retrospective effect from 1-4-1987.as per this explanation, total turnover shall not include freight or insurance attributable to the transport of the goods or merchandise beyond the customs station. ..... 2) act, 1991 with retrospective effect from 1-4-1987 defined total turnover to exclude freight and insurance thereby bringing uniformity in the two. .....
Tag this Judgment!Court : Kolkata
Reported in : (2001)69TTJ(Cal)569
..... the assessing officer observed that all expenditure incurred on the maintenance of the guest house and depreciation has to be disallowed by virtue of specific provisions of section 37(4) of the act and he further observed that clause (ii) of explanation to the section specifically mentioned that rent paid in respect of such guest house falls under the expression 'expenditure incurred on the maintenance of a guest house'. ..... as we find that in the instant case the assessee has not shown that the payments were made by virtue of any agreement with the workers under the industrial disputes act or any other analogous act, the disallowance made by the assessing officer under section 40a(9) of the act is in order and we, therefore, set aside the orders of the commissioner (appeals) on this issue.8. ..... we have carefully considered the rival submissions and perused the record.a careful reading of the provisions of sections 32/43a of the act and the clarification issued from time to time by the department of revenue indicates that in order to allow depreciation on the additional liability arising out of exchange fluctuation, the actual payment in that year is not compulsory. ..... cit (1997) 64 itd 33 (mum) wherein it was held that the decision of the calcutta bench of the tribunal (cited supra) has no application to the assessment year 1987-88 and onwards (due to amendment by the finance (no. .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)1CALLT146(HC),2000(71)ECC72
..... powers conferred by sub-section (1) of section 25 of the customs act, 1962 (52 of 1962), the central government, being satisfied that it is necessary in the public interest so to do, hereby makes the following amendment in the notification of the government of india in the ministry of finance (department of revenue) ..... it would thus clearly emerge by the above-quoted observations in kastnka trading that the grant of exemption under section 25 of the customs act by itself would not amount to holding out any promise or assurance to any intending importer that the exemption once granted would remain operative indefinitely and that it cannot be withdrawn at ..... or conduct, which is intended to create legal relations or effect a legal relationship to arise in the future, knowing as well as intending that the representation, assurance of the promise would be acted upon by the other party to whom it has been made and has in fact been so acted upon by the other party, the promise, assurance or representation should be binding on the party making it and that party should not be permitted to go back upon it. ..... operative till 31st march 1981, it could not be rescinded or modified before the expiry of that date would amount to prohibiting the government from discharging its statutory obligation under section 25(1) of the act, if it was satisfied that it was in the 'public interest' to withdraw, modify or rescind the earlier notification. ..... 71/87-customs dated 1st march, 1987, namely :--in the table .....
Tag this Judgment!Court : Kolkata
Reported in : 2003(161)ELT109(Cal)
..... conditions the supersession or revocation of an exemption notification, in the 'public interest', is an exercise of the statutory power of the state under the law itself as is obvious from the language of section 25 of the act under the general clauses act an authority which has the power to issue a notification has the undoubted power to rescind or modify the notification in a like manner from the very nature of power of exemption granted to the ..... government under section 25 of the act, it follows that the same is with a view to enabling the government to regulate, control and promote the industries and industrial production in the country notification no 66 of 1979 in our ..... is sought to be enforced must be shown to be an unequivocal promise to the other party in tended to create a legal relationship and that it was acted upon as such by the party to whom the same was made a notification issued under section 25 of the act cannot be said to be holding out of any such unequivocal promise by the government which was intended to create any legal relationship between the government and the party ..... the public interest so to do, hereby makes the following amendment in the notification of the government of india in the ministry of finance (department of revenue) no. ..... dated 1st march, 1987, namely :-in the ..... 1987 was .....
Tag this Judgment!Court : Kolkata
Reported in : [2000]243ITR514(Cal)
..... their lordships also clarified that though the amendment relating to section 27(iii), (iiia) and (iiib) was made by the finance-bill, 1987, but, considering the object and background behind the amendment, the provisions are retrospective in operation and, therefore, their lordships upheldthe view taken by the high courts of patna, rajasthan and calcutta andheld that, the contrary ..... by the assessing officer while passing the order under section 254 of the act in respect of the assessee-company for the assessment ..... : [1996]218itr221(sc) ) has considered various aspects including the fact that when none of the orders of the authorities under the act say that surendra overseas limited, had constructed a multi-storeyed structure in the premises sub-leased to it by the assessee, therefore, their lordships proceeded on the footing that ..... on a reference application under section 256(1) of the income-tax act, 1961, the tribunal has referred the following question set out at page 10 of the application for the opinion of this court (see : [1987]167itr60(cal) ) :'whether, on the facts and in the circumstances of the case, the tribunal was justified in law in holding that the income as received by surendra overseas limited, be ..... law, we found no substance in the view taken by the tribunal that if income has not been taxed in the hands of 'a' who is liable to pay tax under the act, that can be taxed in the hands of 'b', when under the provisions, that is not taxable in the hands of 'b'.22. .....
Tag this Judgment!Court : Kolkata
Reported in : [1992]195ITR825(Cal)
..... will be apparent from the amendment made by the finance act, 1988, with effect from april 1, 1989, whereby clause (bb) was inserted which reads as follows :'the return is accompanied by the report of the audit obtained under section 44ab. ..... the assessee, by filing the audit report on march 6, 1987, purporting to act under section 139(5) of the act, removed the omission or defect which existed in the return furnished on ..... maintained that filing of the audit report on march 6, 1987, did not tantamount to revising the original return in terms of section 139(5) of the act and that the defect in not filing the audit report 'along with the return' was not covered under the provisions of section 139(9) of the act.5. ..... 6, 1987, purporting to act under section 139(5) of the act. ..... of the lower authorities that the audit report submitted on march 6, 1987, not being filed with the revised return did not satisfy the condition in section 12a and that the provisions of sub-sections (5)and (9) of section 139 were not applicable cannot be sustained. ..... march 6, 1987, with a revised return and non-filing of the above audit report was not a defect covered under the categories specified in the explanation to section 139(9) ..... filed along with the return and the filing of thesaid report later on march 6, 1987, did riot satisfy the condition stated in section 12a. ..... dated november 12, 1984 was, however, filed by the assessee in the prescribed form on march 6, 1987, before the completion of the assessment. .....
Tag this Judgment!Court : Kolkata
Reported in : 1998(59)ECC92
..... : 1987(32)elt234(sc) where rules 9 and 49, of the central excise rules, 1944, after they were amended with retrospective effect by section 51 of the finance act 1982 ..... elt645(sc) it was held:--it is immaterial, in view of rule 9(1) of the central excise rules and section 49 of the act whether the yarn so manufactured is capitively consumed or is subject to any other or further process. ..... the central government took steps to levy cess on jute manufactures under the provision of jute manufactures cess act, 1983 in terms whereof duty of excise is levied on certain items including hessian (which the petitioners manufacture) as referred to ..... as noticed hereinbefore under section 3(4) of the 1983 act the provision of the central excise act, 1944 and the rules made thereunder shall apply in relation to the levy and ..... sub-section (4) of section 3 of the said act reads as follows:--the provisions of the central excises and salt act, 1944, and the rules made thereunder, including those relating to refunds and exemptions from duty, shall, so far as may be, apply in relation to the levy and collection of the duty of excise on ..... it was further submitted that only because the petitioner pays cess in terms of the cess act, the said fact by itself does not make them eligible to maintain a writ application questioning the subsidy granted by the central government to the private respondents only on the ground ..... by the petitioner therein as yarn within the meaning of the bengal finance (sales tax) act. .....
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