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Collector of Central Excise, Jaipur Vs. Banswara Syntex Ltd.

Court : Supreme Court of India

Reported in : 1996IXAD(SC)561; 1996(88)ELT645(SC); JT1996(11)SC729; 1996(8)SCALE586; (1996)11SCC55; [1996]Supp9SCR194

..... : 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 came up for interpretation. ..... 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 captivity consumed or is subjected to any other or further process. .....

Commissioner of Income Tax, Jalpaiguri Vs. Om Prakash Mittal

Court : Supreme Court of India

Reported in : (2005)194CTR(SC)97; 2005(184)ELT3(SC); [2005]273ITR326(SC); JT2005(2)SC538; (2005)3MLJ48(SC); (2005)2SCC751

..... introduced by finance act, 1987 w.e.f. ..... by finance act, 1987 w.e.f ..... or the complexity of the investigation involved therein, the settlement commission may, by order, allow the application to be proceeded with or reject the application : provided that an application shall not be rejected under this sub-section unless an opportunity has been given to the applicant of being heard :provided further that the commissioner shall furnish the report within a period of forty-five days of the receipt of communication from the settlement commission ..... returned and the income disclosed in the application as if such aggregate were the total income;(iii) if the proceeding pending before the income-tax authority is in the nature of a proceeding for reassessment of the applicant under section 147 or by way of appeal or revision in connection with such reassessment, and the applicant has not furnished a return in respect of the total income of that year in the course of such proceeding for reassessment, ..... in case of all applications made under section 245c on or after the 1st clay of july, 1995 and if the commissioner fails to furnish the report within the said period, the settlement commission may make the order without such report. ..... -a was introduced by the taxation laws (amendment) act, 1975 (in short the 'amendment act') w.e.f. .....

M/S Fibre Boards (P) Ltd Bangaloare Vs. Cit Bangalore.

Court : Supreme Court of India

..... section 54g of the income tax act inserted by the finance act, 1987 with effect from 1.4.1988 reads as follows: 54g. ..... we have been referred to the budget speech of the minister of finance when he introduced the finance act, 1987. ..... repeal of act making textual amendment in act or regulation - where any central act or regulation made after the commencement of this act repeals any enactment by which the text of any central act or regulation was amended by the express omission, insertion or substitution of any matter, then, unless a different intention appears, the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and in operation at the time of such repeal. 29. ..... it is a very well-recognized rule of interpretation of statutes that where a provision of an act is omitted by an act and the said act simultaneously re-enacts a new provision which substantially covers the field occupied by the repealed provision with certain modification, in that event such re-enactment is regarded having force continuously and the modification or changes are treated as amendment coming into force with effect from the date of enforcement of the re- enacted provision. ..... section 280za as it stood before its amendment in 1988 read as follows:- 280za. ..... this amendment will take effect from 1st april, 1990. ..... these amendments will take effect from 1st april, 1988, and will, accordingly, apply in relation to the assessment year 1988-89 and subsequent years. 12. .....

Commissioner of Income Tax, Bhopal Vs. Shelly Products and anr.

Court : Supreme Court of India

Reported in : AIR2003SC2532; (2003)181CTR(SC)564; [2003]261ITR367(SC); JT2003(4)SC528; 2003(4)SCALE674; (2003)5SCC461

..... the high court was further of the view that the amendment to section 240 by the direct tax laws (amendment) act, 1987 with effect from april 1, 1989 which introduced the proviso, has brought about a change in the legal position, but the proviso is applicable only with effect from april 1, 1989 and ..... to overcome this difficulty and to make the position clear, the proviso to section 240, inserted by the amending act, 1987, provides that where the assessment is annulled, the refund shall become due only in respect of the amount, if any, paid in excess of the tax chargeable on the total ..... startling result where thought, according to the assessee, he is liable to pay the tax as per the return filed by him and has in fact paid the tax in accordance with the provisions of section 140a of the act and the assessing officer did not find it necessary to assess the total income since he may have accepted the return on expiry of the period during which the regular assessment is required to be made, ..... as soon as the finance act prescribes the rate or rates for any assessment year, the liability to ..... return and the payment of tax thereon computed at the prescribed rates amounts to an admission of tax liability which the assessee admits to have incurred in accordance with the provisions of the finance act and the income tax act. ..... the tax liability is computed on the basis of the relevant finance act laying down the rate or rates at which the tax is payable and provides for other matters relevant to .....

Assistant Commissioner of Income Tax Vs. Rajesh Jhaveri Stock Brokers ...

Court : Supreme Court of India

Reported in : AIR2007SC2163; (2007)210CTR(SC)30; [2007]291ITR500(SC); JT2007(8)SC494; 2007(8)SCALE396; 2007(2)LC0725(SC)

..... section 147 prior to its substitution by the direct tax laws (amendment) act, 1987, ..... by the direct tax laws (amendment) act, 1987, the provision read as follows:148 ..... any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year):provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall be taken under this section after the expiry of four years from the end of the relevant assessment year, unless any income ..... tax paid on self-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 the assessee and ..... act of 1991 with effect from october 1, 1991, and subsequently with effect from june 1, 1994, by the finance act, 1994, and ultimately omitted with effect from june 1, 1999, by the explanation as introduced by the finance ..... from april 1, 1998, the second proviso to section 143(1)(a) was substituted by the finance act, 1997, which was operative till june 1, ..... insertion of the explanation to section 143 by the finance (no. .....

All India Federation of Tax Practitioners and ors. Vs. Union of India ...

Court : Supreme Court of India

Reported in : AIR2007SC2990; (2008)5CompLJ488(SC); (2007)211CTR(SC)449; 2007(120)ECC451; 2007LC451(SC); [2007]293ITR406(SC); JT2007(10)SC305; (2007)6MLJ1062(SC); 2007(10)SCALE178; 2007(7)SCC527

..... clause 119 of the notes sought to substitute sections 65, 66 and 68 and amend section 67 of the finance act, 1994 relating to service tax so as to levy a tax on services rendered by a practising chartered accountant, cost accountant and architect to a client in professional capacity at the rate of five per cent of the amount charged to ..... through the medium of finance act, may do what the amendment to the it act, 1961 by a separate amendment act, can do. ..... test laid down in the aforestated judgment of this court, we hold that a new charge by way of service tax or tax on service came to be levied statutorily by the said finance act, 1994, which has subsequently attained constitutional status by virtue of the constitution (eighty-eighth amendment) act, 2003. ..... the third income tax officer, madurai reported in : [1975]101itr24(sc) this court held that the it act, 1961 and the annual finance acts are enacted by parliament in exercise of the power conferred by article 246(1) read with entry 82 of ..... section 65(16) of the finance act, 1994 provided for definition of 'taxable service' to mean any service provided by stock-broker, telegraph authority, and ..... we hold that parliament has legislative competence to levy service tax by way of impugned finance acts of 1994 and 1998 under entry 97 of list i on chartered accountants, cost accountants ..... tax on luxuries act, 1995, andhra pradesh tax on luxuries act, 1987 and west bengal luxury tax act, 1994 were beyond the legislative competence of the .....

Indian Aluminium Co. Etc. Etc. Vs. State of Kerala and Others

Court : Supreme Court of India

Reported in : 1996IIAD(SC)137; AIR1996SC1431; JT1996(2)SC85; 1996(1)SCALE780; (1996)7SCC637; [1996]2SCR23

..... by section 36 of finance act 1978, the central excise and salt act, 1944 [for short the 'excise act) was amended to impose central excise duty on electricity under item 11-e in the 1st schedule to the excise act and fixed 2 paise per kilo watt of electricity unit ..... the high court had held that section 3-a(1), as amended was unconstitutional as it delegated essential legislative functions to the state ..... by a fiction, it deemed that act of 1920 and the rules framed thereunder to have been amended without disclosing the text or even the nature of the amendment nor was there any indication that the invalid notification must be deemed to have been issued validly under section 51(2) of the 1920 act without the sanction of the local government ..... of kerala : [1976]2scr690 , the finance act, 1950 had extended the central excise and salt act, 1944 to part-b state of travancore cochin and repealed the cochin tobacco act, 1909 and the tobacco act (1 of 1087). ..... : [1972]83itr346(sc) , the question arose whether the term 'income-tax' as defined in section 2 of the finance after act, 1964 would include surcharge and additional charge, wherever provided. ..... third income tax officer, madurai air (1975) sc 2016, when the annuity scheme was enacted in the finance act, competence of the parliament in that regard was questioned. ..... : [1962]1scr549 , the orissa sales tax act, 1947 was amended and section 14 restricting grant of refund of tax inappropriately and illegally collected, was ..... 5957 of 1987 and batch .....

P. Venugopal Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : (2008)4MLJ696(SC); 2008(7)SCALE255; (2008)5SCC1; 2008(3)SLJ189(SC); 2008(3)Supreme651

..... reasons of the amendment act of 1987 being act xxx of 1987, as stated herein above, aiims and the post graduate institute of medical education and research, chandigarh, are statutory autonomous bodies wholly financed by the government ..... office as a director immediately before the commencement of the all india institute of medical sciences and the post-graduate institute of medical education and research (amendment) act, 2007, shall in so far as his appointment is inconsistent with the provisions of this sub-section, cease to hold office on such commencement as such director and shall be entitled to claim compensation not exceeding three months' pay and allowances for ..... office as a director immediately before the commencement of the all india institute of medical sciences and the post graduate institute of medial education and research (amendment) act of 2007 shall in so far as his appointment is inconsistent with the provisions of this sub-section ceases to hold office on such commencement as such director and shall be entitled to claim compensation not exceeding three months' pay and allowances for the ..... learned senior counsel appearing on behalf of the writ petitioner submitted at the first instance that the provisions, no doubt, acquire their operational significance from the added sub-section but manifestly, it makes a significant departure from the substantive part and proceeds to deal only with the particular director holding office immediately prior to its coming into force .....

Brij Lal and ors. Vs. Commissioner of Income Tax, Jalandhar.

Court : Supreme Court of India

Reported in : (2011)1SCC1

..... its substitution, the proviso to section 245c(1), as substituted by the finance act, 1987, w.e.f. ..... section 140a, as a result of the amendment of section 140a(1) by direct tax laws amendment act, 1987 w.e.f ..... 1.6.1987 and later on amended by finance act, ..... is supported by the amendment made by finance act of 2007 w.e.f. ..... after the amending act of 1987, advance tax is to be paid on the current income which would be chargeable to tax for the assessment year immediately following the ..... a view to rectifying any mistake apparent from the record an income-tax authority referred to in section 116 may,-- (a) amend any order passed by it under the provisions of this act ; (b) amend any intimation sent by it under sub-section (1) of section 143. ..... (2) subject to the other provisions of this section, the authority concerned-- (a) may make an amendment under sub-section (1) of its own motion, and (b) shall make such amendment for rectifying any such mistake which has been brought to its notice by the assessee, and where the authority concerned is the deputy commissioner (appeals), or the commissioner (appeals) by the ..... any matter has been considered and decided in any proceeding by way of appeal or revision relating to an order referred to in sub-section (1), the authority passing such order may, notwithstanding anything contained in any law for the time being in force, amend the order under that sub-section in relation to any matter other than the matter which has been so considered and decided. .....

State of Kerala and ors. Vs. Maharashtra Distilleries Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR2005SC2594; JT2005(5)SC427; (2005)11SCC1; [2005]141STC358(SC)

..... batch of writ petitions, and while the appeals against the said judgment and order were pending before this court, on 1.4.2001 the state of kerala amended section 5(2c) of the kerala general sales tax act; by the finance act of 2001, by adding an explanation which was brought into effect retrospectively from july 1, 1987 which reads as follows :-'explanation : for the removal of doubt it is hereby clarified that any distillery in the state which sells liquor manufactured by it within the ..... the state of kerala preferred the instant appeals before this court but pending the disposal of the appeals, it amended section 5(2c) of the kerala general sales tax act by the finance act of 2001 adding an explanation with a view to remove any doubt. ..... state to the kerala state beverages corporation shall be liable to pay turnover tax on the turnover of sale of liquor by it to the said corporation and the turnover for the purpose of this sub-section .....