Judgment Search Results Home > Cases Phrase: finance act 1989 schedule i first schedule Page 7 of about 10,792 results (0.114 seconds)

i. T. C. Classic Finance and Services Vs. Commissioner of Commercial T ...

Court : Andhra Pradesh

Reported in : 1995(1)ALT563

..... the assessee has pointed out the difference between section 2(10) of the maharashtra general sales tax act defining the expression 'sale', which was considered by the bombay high court in 20th century finance corporation limited [1989] 75 stc 217 and section 2(n) of the apgst act and pleaded that the assessment order was passed by the commercial tax officer without any investigation into the full facts of the case, ..... after the amendment, there are 190 types of goods listed in schedule i, which are taxable at the point of first sale and one commodity - cotton yarn waste - at the point of last ..... commissioner's reasoning is that there are two appropriations : the first appropriation is complete when the manufacturer of the goods consigned them to the inter-state sale to the assessee but the second appropriation took place only when the goods are physically delivered to the lessee for a deemed sale under section 5-e of the act for, for a deemed sale under section 5-e, physical possession ..... in the second schedule, which covers 21 commodities, tax is leviable in respect of the same at the point of first purchase and in respect of others, at the point of last ..... equipment are mentioned in the first schedule to the agreement. ..... the agreement provided that orders for individual equipment would be placed by the first petitioner at the instance of the lessee and the equipment would be despatched by the manufacturer to the ..... the first schedule. ..... , lease the equipment mentioned in the first schedule. .....

Parekh Prints Vs. Union of India

Court : Delhi

Reported in : 45(1991)DLT456; 1992(37)ECC78; 1991LC167(Delhi); 1992(62)ELT253(Del); ILR1992Delhi304

..... to buttress this argument reference has been made to resolution of the national development council passed in december 1956, the objects and reasons of the act, first (for 1989-90) and second (for 1990-95) reports of the ninth finance commission, and principles of distribution of additional duties among the states which are different than those of the basic duties of excise under the central excises and salt act, 1944 as provided there by the union duties of excise (distribution) act, 1979. ..... chandrasekharan, learned additional solicitor general of india, submitted that once it is conceded that act is relatable to entries 84 and 97 of the union list of the seventh schedule of the constitution and the supreme court having held so in clear terms in ujagar prints case - : [1989]179itr317a(sc) , it cannot be contended that the act has been made in colourable exercise of legislative power. ..... it was also submitted that the impugned notifications has grouped the different headings and sub-headings together under the central excise (tariff) act, 1989, which amounted to amendment of the schedule to the act and could not be done by an executive order. .....

Mithileshwar Mishra Vs. the State of Bihar and ors.

Court : Patna

..... clause 13(iii) provided that those teachers who have received promotion into junior selection grade or 1st time bound promotion after 1st january, 1986 but before 1st march 1989 shall be given benefit of promotion for the purposes of fixation of their pay in the revised scale only with effect from the date they have received promotion or date on which they completed 12 years of service which ..... the basic scale mentioned under schedule ii of the finance department resolution being rs. ..... petitioner's school was taken over in terms of section 3 of the bihar non government elementary school (taking over of control) act 1976, with effect from 5.2.1981 and the services of the petitioner was taken over by an order issued vide memo no. ..... on account of this shifting of the date of first time bound promotion he was allowed the senior scale though not entitled in terms of finance department resolution no. ..... service of the petitioner was taken over on 17.3.1981 he will be deemed to be a government employee with effect from 17.3.1981 and only after completion of ten years of his service the petitioner would have been entitled for first time bound promotion in terms of finance department resolution. ..... he became entitled for first time bound promotion on completion of ten years of service in terms of finance department resolution no. ..... the district establishment committee vide order dated 2.7.1992 recommended for first time bound promotion to the petitioner with effect from 17.3.1991. .....

Malayala Manorama Co. Ltd. Vs. Commissioner of Income Tax, Trivandrum

Court : Supreme Court of India

Reported in : (2008)216CTR(SC)102; [2008]300ITR251(SC); JT2008(5)SC529; 2008(6)SCALE659; 2008AIRSCW3407

..... it should be noted that the words 'prepared under sub-section (1a)' were introduced by the finance act, 1989, with effect from 01.4.1989.24. ..... if we examine the said provision in the above background, we notice that the use of the words 'in accordance with the provisions of parts ii and iii of schedule vi to the companies act was made for the limited purpose of empowering the assessing authority to rely upon the authentic statement of accounts of the company. ..... (ii) xxx xxx xxx (iii) xxx xxx xxx (iv) the amount of the loss or the amount of depreciation which would be required to be set off against the profit of the relevant previous year as if the provisions of clause (b) of the first proviso to sub-section (1) of section 205 of the companies act, 1956 (1 of 1956) are applicable. 27. mr. ..... section 115j would be invoked if the income determined under the first process is less than 30 per cent of the book profit. 5. ..... secondly, the book profit is to be worked out in accordance with the explanation to section 115j(1) and it is to be seen whether the income determined under the first process is less than 30 per cent of the book profit. ..... or sub-section (3) of section 80hhd, as the case may be; or(iv) the amount of the loss or the amount of depreciation which would be required to be set off against the profit of the relevant previous year as if the provisions of clause (b) of the first proviso to sub-section (1) of section 205 of the companies act, 1956 (1 of 1956), are applicable. .....

Secy. Federn. of Bus-operators Assn. of T.N. Vs. Union of India (Uoi)

Court : Chennai

Reported in : 2001(134)ELT618(Mad); 2006[2]STR411; [2007]6STT49

..... we have, therefore, no hesitation first to hold that the first and foremost condition for a person to be held as a 'tour operator' within the meaning of section 65(52) of the finance act is that he must be engaged in the business of operating tours in a 'tourist vehicle' in terms of section 2(43) of the motor vehicles act and in no other type of vehicle and, therefore, necessarily such vehicle must conform to the conditions prescribed under rule 128 of the ..... that the provisions of the finance act do not apply to the petitioners or the members of the association in the absence of a permit under the 'rent-a-cab scheme, 1989' floated under the motor vehicles act, 1988 cannot be ..... . thiagarajan, however, did not rely on entry 56 of list-ii but, chose to rely on entry 60 of list-i of vii schedule to the constitution of india and contended that engaging a cab or making it available to the customers or renting a cab was nothing but a business as covered by that entry and, therefore, it would be squarely covered in the entry ..... to urge that none of the individual members had the permit under 'rent-a-cab scheme, 1989' framed under the motor vehicles act, 1988 and as such, those persons could not be brought into the dragnet of the finance act by reason of their being 'rent-a-cab scheme operators'.66 ..... 'rent-a-cab scheme operator' means a person who is a holder of a licence under the rent-a-cab scheme, 1989 framed by the central government under motor vehicles act, 1988 (59 of 1988).53 .....

Anjan Banerjee Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : [1994]207ITR130(Cal)

..... two notifications were followed by the finance act, 1989, section 26 of which provided-'26. ..... tax act could not have been extended to the state of sikkim by the finance act, 1989. ..... income-tax law, if any; has been categorically repealed by section 26 of the finance act, 1989.15. ..... --in exercise of the powers conferred by clause (n) of article 371f of the constitution, the president hereby extends to the state of sikkim the enactments specified in the schedule annexed hereto, subject to the modifications, if any, specified in that schedule and the following further modifications, namely : (1) any reference in the said enactments to a law not in force, or to a functionary not in existence, in the state of sikkim shall be construed as a reference to the corresponding law in force, or to the corresponding ..... the merger, sikkim became part of the indian union and one of the states mentioned in the first schedule to the constitution, parliament was competent to pass any legislation on any matter mentioned in list i in the seventh schedule throughout the territory of india including sikkim. ..... nothing in article 371f which restricts the power of parliament to pass legislation in respect of 'taxes on income other than agricultural income' which falls within list i of the seventh schedule to the constitution. ..... of sikkim does not have any legislative competence to pass law in respect of tax on income which is exclusively within the domain of parliament under entry 82 of list i of the seventh schedule. .....

The Calcutta Iron Merchants' Vs. Commissioner Of Commercial Taxes

Court : Sales Tax Tribunal STT West Bengal

Reported in : (1993)88STC88Tribunal

..... section 8 of the west bengal taxation tribunal act, 1987, challenging the validity of the amendment of schedule iv referable to section 5(1)(d1) of the bengal finance (sales tax) act, 1941, in so far as sanitary wares and sanitary fittings are included in the said schedule making those goods exigible to sales tax at the rate of 15 per cent with effect from april 1, 1989, as against the previous rate of 8 per ..... to determine generally, but where a distinction is made between commodities falling in the same category, a question arises at once before a court whether there is justification for the discrimination.in the case of arya vaidya pharmacy [1989] 73 stc 346 it was found by the supreme court that imposition of tax at the rate of 30 per cent on the sales to two particular types of ayurvedic medicinal preparations, as distinct from other preparations ..... with effect from april 1, 1989, schedule iv was amended including therein ..... the applicants allege that the legislature arbitrarily amended the said 1941 act by the west bengal taxation laws (amendment) act of 1989 and made sanitary wares and sanitary fittings exigible to sales tax at the rate of 15 per cent, forgetting the reasons and objects for imposing higher rate of tax on ..... the first applicant is said to be an association of iron merchants and the second applicant, being himself a dealer within the meaning of section 2(c) of the said 1941 act, is the president of the association.the members of the first applicant are resellers of .....

Nagpur Alloys Castings Ltd. Vs. Dy. Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : (1992)43ITD659(Nag.)

..... to all the assessee who carry on eligible business or profession which as per section 32ab(2) means business or profession other than the business of construction, manufacture or production of any article or things specified in the list in the eleventh schedule "in case it is not a small scale industrial undertaking", and the business of leasing or hiring of machinery or plant to an industrial undertaking other than a small scale industrial undertaking engaged in the business of low priority items as specified in the list ..... by the new scheme relating to investment deposit account along with the proposed high depreciation rates which were provided by the finance act, 1986 and brought in by the income-tax amendment rules of 1987, the retained earnings and international resources generation of the company would improve. ..... according to the assessee as in his case, the assessment year 1989-90 was the first year of the assessee where the provisions of section 32ab could be applied, it cannot be said that the deduction under section 32a of the act had been allowed to the assessee and hence no deduction under section 32ab can be allowed in view of the provisions of section 32ab(10).14. ..... it is further notable that such deduction is to be allowed before the losses if any brought forward from earlier year is set off under section 72 (vide amendment made by the finance act, 1987). .....

Her Majesty's Commissioners of Customs and Excise (Appellants) Vs. Zie ...

Court : House of Lords

..... 8a was in turn restricted following the judgment of the european court of justice in commission of the european communities v united kingdom (case 416/85) [1990] 2 qb 130 by an amendment effected by the finance act 1989 to confine zero-rating in the case of protected buildings to the reconstruction and alteration of certain defined classes of residential buildings. ..... residential purpose or a relevant charitable purpose after the reconstruction or alteration and which, in either case, is (a) a listed building, within the meaning of (i) the planning (listed buildings and conservation areas) act 1990 or (b) a scheduled monument, within the meaning of (i) the ancient monuments and archaeological areas act 1979 (2) a building is designed to remain as or become a dwelling or number of dwellings where in relation to each dwelling the following conditions are satisfied (a) the dwelling consists of self-contained living ..... must now put it in its context by setting out all the relevant parts of group 6: "group 6 protected buildings item no 1 the first grant by a person substantially reconstructing a protected building, of a major interest in, or in any part of, the building or its site. ..... so the extended definition (or statutory fiction) in section 1(5)(b) of the 1990 act cannot assist the taxpayers unless it is to be reflected back onto the first integer ("a building") so as to extend (and extend in an unusual and awkward fashion) the natural meaning of that simple expression .....

Tata Sky Limited Vs. the State of Uttarakhand and ors.

Court : Uttaranchal

..... imposition of tax envisaged under entry 92c, contained in the union list of the seventh schedule of the constitution of india is concerned, learned counsel for the petitioners has invited this court's attention to the fact, that broadcasting was subjected to tax liability as a 'service' for the first time under the finance act, 2001. ..... taxing 'direct-to-home (dth) broadcasting services as 'entertainment' through a state legislation purportedly enacted under entry 62 of the state list, contained in the seventh schedule of the constitution of india, would be violative of article 246 of the constitution of india, as the same involves providing broadcasting services, as defined under the different finance acts, throughout the country with absolute disregard to state boundaries. ..... -(5) with effect from the date notified under section 137 of the finance act, 2001, there shall be levied a service tax at the rate of five per cent of the value of the taxable services referred to in sub-clauses (za), (zb), (zc), (zd), (ze), (zf), (zg), (zh), (zi), (zj), (zk), (zl), (zm), (zn) and (zo) of clause (72) of section 65 and collected in such manner as may be prescribed.a perusal of the aforesaid provisions reveals, that for the first time under the finance act, 2001, tax at the rate of five per cent of the ..... union of india : (1989) 3 scc 634.subjects which in one aspect and for one purpose fall within the power of a particular legislature may in another aspect and for another purpose ..... : (1989) 3 .....