Court : Madhya Pradesh
Reported in : 2009(3)MPHT356
..... ] and a division bench of this court by order dated 29-4-2006 had expressed the opinion that the said service tax is recoverable from the service provider under section 65 (76-b) the provisions of the finance act on the packaging activities as inserted by finance act, 2005 and further service provider can pass on the liability to the retail contractors and accordingly dismissed the writ petition in limine.8. ..... another division bench of this court has delivered the judgment on 29-4-2006, holding that bottling of liquor is a packaging activity as defined in section 65 (76-b) of the finance act, 2005, on which service tax is payable.on a reading of judgment dated 29-4-06 of the division bench in vindhyachal distilleries pvt. ..... is received, stored, blended, reduced, bottled at issue strength, sealed and issued to retailers license or storage warehouse, the bottling activity is not a separate activity, but part of manufacturing activity and is not covered by 'packaging activity' as defined in section 65 (76 g) of the finance act, 2005 read with definition of 'taxable service' in section 65 (105) (zzzf) of the service tax ..... stat : (1987) 1 scc 5, to bring home the point that no liberty was granted to file a fresh writ appeal and hence, the present writ appeal is not maintainable. .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2004)186CTR(Uttranchal)144; [2003]264ITR320(Uttaranchal)
..... in this connection it may be noted that the explanation to section 9(1)(ii) introduced by the finance act of 1983 refers to what constitutes 'income earned in india'. ..... that similarly, under section 9(1)(ii) read with the explanation (introduced by the finance act of 1983, with effect from april 1, 1979), income payable for service rendered in india is regarded as 'income earned in india' under section 9(1)(ii) of the act. ..... this explanation was introduced by the finance act of 1983, with effect from april 1, 1979, to get over the judgment of the gujarat high court in c/t v. s. g ..... that even under the finance act of 1999 the new explanation uses the term 'rest period/leave period' ..... it was further argued that the non-resident company (employer) is taxable on notional profits under section 44bb of the act and therefore there is no question of that company claiming deduction in respect of salary which it has paid to the assessee ..... , the legislature has stepped into clarify the position by the finance act of 1999. ..... learned counsel for the assessee further argued that his interpretation finds support from the substituted explanation introduced by the finance act of 1999. ..... secondly, although section 191 of the act is not overridden by sections 192, 208 and 209(1)(a)(d) of the act, the scheme of sections 208 and 209 of the act indicates that in order to compute advance tax the assessee has to, inter alia, estimate his current income and calculate the tax on such income by applying the rates in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC795; [1967]63ITR300(SC); [1967]1SCR777
..... even after the amendment by the finance act, 1955, the language of the clause was found to be somewhat inapt and the legislature by the finance act 1956 recast clause(c). 8 ..... 2(6a)(c) of the income-tax act as amended by the finance act, 1956. ..... 2(6a)(c) as amended by the finance act, 1956, is fairly clear ..... by the finance act, 1955, the proviso to clause(c) was deleted and in consequence thereof the limitation relating to the period during which the profits were accumulated ceased to apply in the determination whether the amount distributed by the ..... 3 of the finance act, 1956, with effect from april 1, 1956, the following clause (c) was substituted : '(c) any distribution made to the shareholders of a company on its liquidation, to the extent to which the distribution, is attributed to the accumulated profits of the company ..... 3 of the finance act, 1955, the proviso to clause(c) was deleted and by ..... 2(6a)(c) declares that though under law, apart from the section, it would be capital and, therefore, not chargeable, it shall be regarded as dividend and taxed as such in the hands of the shareholders.' 10 ..... of the indian income-tax act, 1922, and the reasons for enacting and amending that clause. ..... reference was transferred after reorganisation of the state under the bombay state reorganisation act, 1960, to the high court of gujarat for hearing and disposal. ..... 2(6a)(c) is not a charging section which levies tax on a particular fund from out of which a limited fund is carved out by the proviso .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC2463; JT1998(5)SC1; 1998(4)SCALE200; (1998)6SCC153; [1998]3SCR806
..... section 34(3) is similar to the language of section 4 of the english finance act of 1894 as amended by the finance act ..... the court, for the purposes of section 2(1) (d) of the finance act, 1894, came to the conclusion that the money received by the son under the policy did not form part of ..... the court, in examining the application of section 4 of the finance act of 1894 to decide whether the amount under the settlement could be aggregated with the other estate of the deceased-settlor, formulated a test to decide when it could be said that the ..... were, by the finance act, 1939, section 30, attributed to the ..... section 4 of the finance act, 1894 is as follows:'for determining the rate of estate duty to be paid on any property passing on the death of the deceased, all properties so passing in respect of which estate duty is leviable shall be aggregated so as ..... the insurance policies by the deceased is liable to be deducted as a debt under section 44 of the estate duty act from the general estate as distinct from the separate estate of the three insurance policies; ..... was given to the insurance company in accordance with the provisions of section 38 of the insurance act, 1938 and the assignments were registered with the insurance companies.3. ..... since the deceased had duly assigned the policies in accordance with the provisions of section 38 and by complying with all its requirements, the assignee alone, it is contended, had an interest in these policies at the time ..... gujarat : [1987]164itr231(sc) .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2000]109TAXMAN342(SC); [2000]243ITR48SC
..... is true that income by way of cash compensatory support became taxable retrospectively with effect from april 1, 1967, but that was by amendment of section 28 by the finance act of 1990 which amendment could not have been known before the finance act came into force. ..... since clause (iiib) was inserted in section 28, though having retrospective operation by the finance act, 1990, the assessee did not include this income in its return which, as noted above, was filed on december 29, ..... , any advance tax paid 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 :provided that ..... upon which the cash compensatory support had not been included as income and had clearly offered to include the same in any assessment if the basis is shown to exist.additionally, the change in the law by amendment of section 28 took place several months after the return was filed by the assessee. ..... assessing officer assessed the company applying the amended provision of section 28 of the act thus levying additional tax under section 143(1a) of the act. ..... ) noticed that section 28 of the act was amended with retrospective effect from april 1, .....
Tag this Judgment!Court : Kerala
Reported in : [2010]24STT416
..... the finance act, 1994 was amended section 90 of the finance ..... 2) act, 2004 introducing clauses (12) and (19) in section 65 of the finance act, ..... that the collection of telephone bills by the respondent bank for bharat sanchar nigam limited (bsnl), airtel and other companies is not business auxiliary service attracting liability for service tax falling under section 65(79) of the finance act 1994? ..... in fact cash management service is deleted from exclusion clause contained in clause (12) of section 65 with effect from 1-6-2007 and in the clarification letter issued by the central board of excise and customs the cash management service is explained as follows:at present cash management is specifically excluded from the scope ..... words we are of the view that clause (12) of section 65 covers all charging services rendered by banks. ..... cash management service remained excluded for the purpose of levy of service tax until it is deleted through an amendment with effect from 1-6-2007. ..... while clause (12) of section 65 defines banking and other financial services which specifically excludes service pertaining to cash management, clause (19) defines business auxiliary services which includes in it any customer care service provided on behalf of the client ..... rendered by the bank is not a business auxiliary service, does not appear to be correct, we feel argument of the counsel for respondent that the service essentially falls under cash management service under clause (12) of section 65 is correct. .....
Tag this Judgment!Court : Chennai
Reported in : (1981)17CTR(Mad)306; [1981]132ITR612(Mad)
..... section 2 of the finance act, 1963, provides for the charge of income-tax at the rages specified in ..... ito : [1975]101itr24(sc) has examined the identical provisions of the finance act, 1963, and has come to the conclusion that even where some income was exempt, the exemption was liable to be withdrawn by the finance act and that the efficacy of that exemption given under the i.t. ..... the relevance of the interpretation placed by the supreme court with reference to the identical provision of the finance act cannot now be open to question. ..... is to be assessed, the assessee would be liable to surcharge under the relevant finance act is open to the commissioner on the facts here.in order to appreciate the point, it is necessary for us to refer to the relevant provisions of the finance act. ..... the aac as well as the tribunal were alive to the fact that the question which was to be considered was only in that context of the provisions of the finance act, levying additional surcharge. ..... as being payable with reference to the income of the year under consideration under the provisions of the finance act to be noticed presently. ..... one of the contentions which was sought to be taken was that the case fell within the scope of section 7 and the other contention was that this court had also to consider whether the valuation of the property was correct ..... be an over-refinement of the position to hold that each aspect of a question is itself a distinct question for the purpose of section 66(1) of the act. .....
Tag this Judgment!Court : Chennai
Reported in : [1999]107TAXMAN16(Mad)
..... . when it was amended by the finance act, 1966, the limit was raised to 25 per cent in the case of financial corporations ..... explanation was omitted by the finance act, 1975 with effect from 14-1975, and if we accept the contention urged on behalf of the assessee that it is open to the assessee to reply 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) ..... any opinion on the correctness of the view expressed by the punjab arid mariana high court except to point out that under section 36(1)(viii), the special reserve should riot only be created out of the income chargeable to tax but must be carried ..... appellate tribunal was right in holding that the reserve created for earlier years was not available to make good the deficiency in subsequent year within the meaning of section 36(1)(viii) of the income tax act, 1961 and therefore, the claim, should be allowed only to the extent of rs. 17,75,000 as against the claim of rs ..... . cit , wherein the punjab arid haryana high court dealt with a case of deduction under section 80c of 'the act arid the court held that the amount of lic premium need not come out of the inncome chargeable to ..... . : [1980]123itr619(mad) , this court has take a view that under the explanation to section 34(3) (if 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 .....
Tag this Judgment!Court : Kolkata
Reported in : [1994]206ITR567(Cal)
..... 5,88,138 could not be assessed to the wealth-tax under sub-section (3) of section 40 of the finance act, 1983, in the assessment years 1984-85 and 1985-86, respectively ?' ..... section 40 of the finance act has revived, in a limited way, the levy of wealth-tax on companies which was suspended by the finance act, ..... some funds for acquiring the assets, but, by no stretch of imagination, can it be said that undischarged liabilities towards municipal taxes can be treated as a debt secured on one or more assets taxable under clause (viii) of sub-section (3) of section 40 of the finance act, 1983. ..... the undischarged liabilities towards municipal taxes could not be treated as a debt secured on one or more assets taxable under clause (viii) of sub-section (3) of section 40 of the finance act, 1983. ..... limited, were assessable to tax for the assessment years 1984-85 and 1985-86 under section 40 of the finance act, 1983. ..... it appears that the wealth-tax officer made addition under clause (viii) of sub-section (3) which is as under :'any other asset which is acquired or represented by a debt secured on any one or more of the assets referred to in clause (i) to clause ..... in this reference under section 27(1) of the wealth-tax act, 1957, for the assessment years 1984-85 and 1985-86, the following questions of law have been referred to this court ..... as 'application of income' and, therefore, not deductible in determining the annual letting value of the property under sections 22 and 23 of the income-tax act. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal553,103Ind.Cas.609
..... it will be observed that the words 'total income' which occur in the finance act are defined as the total amount of income, profits and gains from all sources to which this act applies continued in the manner laid down in section 16, and it is clear that section 16 which deals with certain specific exemptions has meaning only with reference to the amount of the income of the ..... section 7 of the finance act (12 of 1922) provides:income-tax for the year beginning on the first day of april 1922 shall be charged at the rates specified in part i of the third schedule.and specifies that 'total income' in this schedule means 'total income' as defined in clause (15) of section 2 of the indian income-tax act ..... been made by the finance act in this manner, section 3 of the income-tax act is attracted. ..... of all income, profits and gains of the previous year of every individual company, firm and hindu undivided family;(2) tax at that rate shall be deducted in accordance with and subject to the provisions of this act from all salaries payable in that year on account of the income-tax, if any, to become chargeable in respect thereof for the following year; and(3) tax at the maximum rate shall be deducted in accordance with and ..... of understanding the law upon this question under the english acts prior to the finance act 1926, it makes no difference whether we examine the act of 1842 (5 and 6 vict. ..... now, the act of 1922 (11 of 1922) purports to consolidate and amend the law relating to income-tax and .....
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