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Kashiram Agarwalla Vs. Collector of 24-parganas and Others.

Court : Kolkata

Reported in : [1958]33ITR800(Cal)

..... the federal court had to deal with a notification under section 2(1) by which the governor of bihar directed that the indian income-tax (amendment) act, 1939 (vii of 1939), the income-tax law (amendment) act, 1940 (xii of 1940), the excess profits tax act, 1940 (xv of 1940), and the indian finance act, 1940 (xvi of 1940), shall be deemed to have ..... finance acts enacting the rates for assessment were extended to the excluded area, where the business of the joint family was carried on, under section 92(1) of the government of india act, several days later than the day when the day when the act ..... commissioners; section 21(1) of the (english) finance act of 1936 ..... further contended that even assuming that the scheduled offences and the persons charged with the commission thereof could properly form a class in respect of which special legislation could be enacted, section 4 of the act is discriminatory and void, vesting, as it does, an unfettered discretion in the provincial government to choose any particular case of a person alleged to have committed an offence ..... to me to have received support, i hold that the different finance acts which were extended to kalimpong where the business was carried on, several days after this did not affect the validity of the assessment.the next ground urged is that the present proceeding before the collector was barred by the provisions of section 46(7) of the income-tax act. ..... section 5(1) of that act, after section 34 of the income-tax act was amended .....

Vishvakarma Paper and Boards Ltd. Vs. the Commissioner of Central Exci ...

Court : Uttaranchal

..... 1.4.93 in accordance with clause 10.4(i)(b) of the industrial incentive policy, 1993 (hereinafter referred to as 'the industrial policy') and whether the notification issued by the government of bihar dated 2nd of april, 1994 in exercise of power under section 7 of the bihar finance act to the extent it indicates 'who has not availed of any facility or benefit under any industrial promotion policy' is invalid as being contrary to the policy resolution of 1993. ..... examining the notification dated 2nd of april, 1994, issued by the government of bihar in exercise of power conferred by clause (b) of sub-section (3) of section 7 of the bihar finance act, 1981, the high court further came to the conclusion that the notification so far as it imposes a condition that the facility of sales tax exemption on purchase of raw material will be available only to those industrial ..... coming to the second question, namely the issuance of notification by the state government in exercise of power under section 7 of the bihar finance act, it is true that issuance of such notifications entitles the industrial units to avail of the incentives and benefits declared by the state government in its own ..... in our considered opinion the expression 'such conditions and restrictions as it may impose' in sub-section (3) of section 7 of the bihar finance act will not authorise the state government to negate the incentives and benefits which any industrial unit would be otherwise entitled to under the general .....

Kalsis Kitchenette Vs. Commissioner of Central Excise, Pune Iii

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... i find that as per the provisions of section 80 of the finance act, notwithstanding anything contained in the provisions of section 76, section 77 or section 78, no penalty shall be imposable on the assessee for any failure referred to in said provisions, if the assessee proves that there was reasonable cause for the said failure. 6. ..... therefore in view of the above decision of the tribunal and in view of the provisions of section 80 of the finance act, i find merit in the contention of the appellants. ..... in this case, the penalty is imposed under section 78 of the finance act which provides for penalty in case service tax has not been paid by reasons of fraud, collusion, willful suppression of facts or contravention of any provisions of the chapter or the rules. ..... the penalty imposed under section 78 of the finance act is set aside and this appeal is allowed. ..... in view of the decision and as per the provision of section 80 of the finance act the appellants are not liable for penalty under section 78 of the act. 3. ..... the adjudicating authority also imposed a penalty equal to confirmed demand under section 78 of the finance act. ..... the appellant has filed this appeal against imposition of penalty under section 78 of the finance act. ..... therefore as the appellants have not paid the amount of service tax hence liable for penalty under section 78 of the act. 4. .....

The Commissioner of Central Excise Vs. M/S Federal Mogul Tpr India Lim ...

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. .....

The Muslim Educational Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (2006)2STR110

..... counsel for the appellants submits that, though the auditorium can be rightly called "mandap" within the meaning of this term under section 65 of the finance act, 1994 read with section 3 of the transfer of property act, 1882, the association cannot be held to be "mandap keeper" within the meaning of this terms under section 65 of the finance act. ..... "mandap keeper", defined under section 65 (23) of the finance act, means a person who allows temporary occupation of a mandap for consideration for organising any official, social or business function. ..... 75 lakhs covering the above period were held to be taxable under section 65 of the finance act, 1994 by the department. ..... after considering the submissions carefully, i find that there is no dispute of the fact that the auditorium fits in the definition of "mandap" under section 65 of the finance act 1994. ..... counsel submits that the activity of providing the auditorium for use by members of the association or their nominees cannot be considered as a 'taxable service' within the meaning of clause 48 of section 65 of the finance act. ..... 4,26,593/- for the aforesaid period under section 73 (1) read with section 71 of the said act. ..... the notice also demanded interest on the tax amount, besides proposing penalties on the association under various provisions of the said act.the proposals in the show-cause notice were contested. .....

Gac Shipping (India) Pvt. Ltd. Vs. the Commissioner of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : (2007)(116)ECC524

..... on a careful consideration of the submissions made by both the sides, we notice that the revenue had proceeded in the matter subsequent to the explanation brought out by amendment to the finance act and the show cause notice has been issued subsequently to project the demand. ..... he submits that the revenue had proceeded in the matter subsequent to the explanation brought out by amendment to the finance act and the show cause notice has been issued subsequently. ..... ), the demand cannot be sustained as the explanation was inserted in the retrospective amendment of the finance act, 2000 which was not supported by the show cause notice issued before the amendment. ..... the period in question is earlier to the amendment to the finance act. ..... 2,61,35,485/- and like sum of penalty under section 78 of the finance act, 1994, besides penalty of rs. ..... 100/- per day under section 76 of the said act.the appellants are covered under the net of service tax under the category of 'steamer agency service' and 'customs house agency service'. ..... 1000/- under section 77 of the said act and penalty @ rs. .....

Rendezvous Estates (P.) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1997)61ITD268(Mum.)

..... the question before us is as to whether under rule 20 to schedule iii or under section 40 of the finance act, 1983 the valuation adopted by the assessing officer is reasonable and in accordance with law. ..... so, there is no conflict in principles to be adopted for determination of the value of property under section 40 of the finance act, 1983 and rule 20 schedule iii to wealth-tax act, 1957. ..... making a reference to section 40(3)(v) of the finance act, 1983 and rule 20 of schedule iii, the cwt(a) held that the method adopted by the assessing officer for determination of the market value of the land was reasonable and accordingly, he refused to interfere.4 ..... under section 40 of the finance act, 1983 also, the assessing officer has to adopt the value of property which, in his opinion, it would fetch if sold in the open market on the valuation date ..... the assessing officer taking clue from rule 5 of schedule iii to the wealth-tax act, 1957 computed the maintainable rent by taking into account the annual rent received and 15% interest on the deposit of rs ..... however, when we go though schedule iii to the wealth-tax act, 1957, we find that in rule 5 in the case of building and land appurtenant thereto, the legislature in its wisdom has provided a rate of 15% in respect of such deposits to be adopted for calculation of the benefit ..... it would be sound to say that finance is available from financial institutions at rates between 18% to 24%, and therefore, the benefit should be calculated at that rate .....

Deputy Commissioner of Income Tax Vs. Asian Hotels Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

..... 80j, prior to its omission vide finance act, 1996, hotel is included along with industrial undertakings for the purpose of relief under the said section and obviously it is indicative that the act itself made a distinction between an industrial undertaking and the business of a ..... of finance act, 1973, is to give concession in rate of income-tax to manufacturing concerns - concession not intended to be given to trading concerns - assessee company carrying on hotel business - activity is only a trading activity - assessee not an industrial company entitled to the concessional rate of tax - finance act, ..... but, in the context of the finance act, 1968, a hotel is mainly a ..... the particular provision of the finance act with which we are concerned here prescribes deduction by way of investment allowance and the assessee seeks to be included within the definition of the term 'industrial company', so as to get the benefit of the said allowance ..... the expression "manufacturing process" for purposes of the factories act, 1948, will not be relevant in construing the same expression for the purposes of the finance act, 1966. ..... it is well established that in the absence of any definition in the statute, words occurring in a statute will have to be understood with reference to the objects of the act and in the context in which they occur.consequently, the definitions given for the words in one statute cannot automatically be imported for interpreting the same words in another statute e.g. ..... del) 1987 dt. .....

Deputy Commissioner of Income Tax Vs. Mittal Appliances (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Indore

..... 87 of the said finance act. ..... of the said finance act. ..... 90 by the designated authority or the payment of the sum determined under that section : provided that in case an appeal is filed by a department of the central government in respect of such issue relating to the disputed chargeable expenditure, disputed chargeable interest, disputed income, disputed wealth, disputed value of gift or tax arrear (except ..... , the ao on or before 31st march, 1998.nowhere in this section or in the judgment of the delhi high court it has been said that if the assessee files a declaration in his own appeal pending before the appellate authority and paid the taxes determined by the cit, the ..... the consequential effect of the aforesaid judgment of delhi high court has been interpreted by both the parties in their own fashion for giving effect to the kvss, we feel it proper to reproduce the relevant section, which was affected by the aforesaid judgment : "92. ..... 90 of the act but the proviso to this section puts a rider with respect to those appeals which were filed by the revenue and allowed the appellate authorities to proceed with the hearing of such ..... consideration of the rival submissions and from a perusal of the kvss introduced by the finance (no. ..... of the finance (no. ..... of the finance (no. ..... attention was also invited to the scheme introduced by the finance (no. ..... of the finance (no. ..... 80hh and 80-i of the act on the interest income after treating the same as directly relating to the business of the assessee .....

A.P. State Civil Supplies Corpn. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2002)83ITD398(Hyd.)

..... , 2002, required the assessee to pay the entire tax demand for the above years in view of the amended provisions of sub-section (2a) of section 254 of the it act introduced by the finance act, 2001, w.e.f. ..... it may be seen from the act that sub-section (2a) and (2b) have been inserted by the finance act, 1999 w.e.f. ..... for our consideration in the instant proceedings are as to : (a) whether or not the stay granted by the tribunal by its respective orders prior to 1st june, 2001, when the amendment was inserted with the proviso to section 254(2a), has expired on account, of the interpretation given by the department that the said amendment is retrospectively operative; (b) whether or not the assessee deserves to be granted stay afresh for all the assessment years in question, except for the asst. yr. ..... 1st june, 1999, and the provisos to the aforesaid section are inserted by the finance act, 2001 w.e.f. ..... , may hear and decide such appeal within a period of four years from the end of the financial year in which such appeal is filed under sub-section (1) or sub-section (2) of section 253 : provided that where an order of stay is made in any proceedings relating to an appeal filed under sub-section (1) of section 253, the tribunal shall dispose of the appeal within a period of one hundred and eighty days from the date of such order : provided further that if such ..... yrs, 1983-84, 1984-85, 1986-87, 1987-88, 1990-91, 1993-94 and appeal no. .....