Judgment Search Results Home > Cases Phrase: finance act 1992 chapter iii direct taxes income tax Court: supreme court of india Page 2 of about 1,088 results (0.199 seconds)

Madras Bar Association Vs. Union of India and anr.

Court : Supreme Court of India

..... (vii) section 260a was inserted in the income tax act by the finance (no.2) act, 1998, with effect from 1.10.1998. ..... ..it does indeed appear that the sentencing provisions under challenge in thehindscase were held to be unconstitutional not because of their repugnancy to any of the rights guaranteed by sections in chapter iii of the constitution but because of their incompatibility with a principle on which the constitution itself was held to be founded. ..... entire power in the president, the following important elements are introduced: (1) a popular element in the matter of administration of justice, (2) linking with judicial system the dynamic goals of a progressive society by subjecting the principles of governance to be guided by the directive principles of state policy, (3) in order to make the judiciary an effective and powerful machinery, the constitution contains a most onerous and complicated system by which judges can be removed under article 124(4), which in practice is almost an ..... . besides the aforesaid provisions, it was contended, that chartered accountants were entitled to appear before various tribunals/fora under different statutory provisions, such as, under the securities and exchange board of india act, 1992, the securities contracts (regulation) act, 1956, the telecom regulatory authority of india act, 1991, the companies act, 2013, the company law board regulations, 1991, the competition (amendment) act, 2007, and the special economic zone rules, 2006 .....

Smt. Ujjam Bai Vs. State of Uttar Pradesh

Court : Supreme Court of India

Reported in : [1963]1SCR778; [1963]Supp2SCR778

..... the learned judge observed : 'when exercising his powers under chapter iv of the act, it seems to me, that the income-tax officer is acting in a purely administrative capacity. ..... it is clear, therefore, that so long as no order is made by the president to suspend the enforcement of the rights conferred by part iii of the constitution every person in india, citizen or otherwise, has the guaranteed right to move the supreme court for enforcement of the rights conferred on him by part iii of the constitution and the supreme court has the power to issue necessary directions, orders or writs which may be appropriate for the enforcement of such rights. ..... in that case under the bombay labour welfare fund act, which authorised the constituting of a fund for financing labour welfare, notices were served upon the appellant company to remit the fines and unpaid accumulations in its custody to the welfare commissioner ..... the former, the reason given was : 'reference has next to be made to article 265 wich is in part xii, chapter i, dealing with 'finance'. ..... were relied on : 'reference has next to be made to article 265 which is in part xii, chapter i, dealing with 'finance'. ..... long title of that act shows that it was enacted to provide for the levy and collection of additional duties of excise on certain goods and for the distribution of a part of the net proceeds thereof among the stages in pursuance of the principles of distribution formulated and the recommendation made by the finance commission. .....

Chhotabhai Jethabhai Patel and Co. Vs. the Union of India and anr.

Court : Supreme Court of India

Reported in : AIR1962SC1006; [1962]Supp2SCR1

..... cave said : 'thus, taxes on property or income were everywhere treated as direct taxes; and john. ..... pathak, learned counsel who appeared for the appellants urged three point in support of the appeals(1) section 7(2) of the finance act, 1951 in so far as it imposed an excise duty retrospectively before the date of its enactment (april 28, 1951) was beyond the legislative competence of ..... article 265 not being in chapter iii of the constitution, its protection is not a fundamental right which can be enforced by an application to this court under article ..... it was liable to be struck down and that such law must also pass the test of the limitations prescribed in part iii of the constitution but it did not lay down that all articles in part iii would be applicable to taxation laws nor did it decide contrary to ramjilal's case : [1951]19itr174(sc) that art. ..... that as there is a special provision in article 265 of the constitution that no tax shall be levied or collected except by authority of law, clause (1) of article 31 must therefore be regarded as concerned with deprivation of property otherwise than by the imposition or collection of tax, and inasmuch as right conferred by article 265 is not a right conferred by part iii of the constitution, it could not be enforced under article 32. ..... 265 and that such laws were not governed by part iii of the constitution and specially because the money sought to be taken by the state as tax by virtue of a fiscal enactment was not 'property' within .....

Vikram Cement Vs. Commissioner of Central Excise, Indore

Court : Supreme Court of India

Reported in : 2005(102)ECC121; 2005(187)ELT145(SC); JT2005(7)SC637; (2005)7SCC74

..... manufactured or produced from inputs, except matches;(f) 'input' means all goods, except high speed diesel oil and motor spirit, commonly known as petrol used in or in relation to the manufacture of final products whether directly or indirectly and whether contained in the final product or not, and includes lubricating oils, greases, cutting oils, coolants, accessories of the final products cleared along with the final product, goods used as paint, ..... excisable goods manufactured or produced from inputs, except matches;(d) 'input' means all goods, except high speed diesel oil and motor spirit, commonly known as petrol, used in or in relation to the manufacture of final products whether directly or indirectly and whether contained in the final product or not, and includes accessories of the final products cleared along with the final product, goods used as paint, or as packing material, or as fuel, or for ..... include goods used in the manufacture of capital goods which are further used in the factory of the manufacturer;(h) 'manufacture' or 'producer' in respect of goods falling under chapter 61 or 62 of the first schedule to the tariff act shall include a person who is liable to pay the duty of excise leviable on such goods under sub-rule (3) of rule 4 of the central excise rules, 2002 ..... (iii) the manufacturer and the financing company shall not claim depreciation under the income-tax laws on that part of the value of capital goods which represents the amount of specified duty paid .....

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 was submitted that chapter xii-b containing 'special provisions relating to certain companies' was introduced in the income tax act by the finance act 1987 with effect from 01.4.1988. ..... the book profit of such year has been increased by those reserves or provisions (out of which the said amount was withdrawn) under this explanation; or(ii) the amount of income to which any of the provisions of chapter iii applies, if any such amount is credited to the profit and loss account; or(iii) the amounts as arrived at after increasing the net profit by the amounts referred to in clauses (a) to (f) and reducing the net profit by the amounts referred to in clauses (i) and (ii) attributable ..... made for meeting liabilities other than ascertained liabilities; or(d) the amount by way of provision for losses of subsidiary companies; or(e) the amount or amounts of dividends paid or proposed; or(f) the amount or amounts of expenditure relatable to any income to which any of the provisions of chapter iii applies; or(g) the amount withdrawn from the reserve account under section 80hhd, where it has been utilised for any purpose other than those referred to in sub-section (4) of that section; or(h) the amount ..... in the facts and circumstances of the case, we direct the parties to bear their own costs. ..... whether on the facts and in the circumstances of the case, the tribunal was justified in law in upholding the computation under section 115j through the order passed on 09.10.1992?22. mr. .....

Ujjam Bai. Vs. State of Uttar Pradesh.

Court : Supreme Court of India

Reported in : AIR1962SC1621; 1963(1)SCR778

..... the learned judge observed :"when exercising his powers under chapter iv of the act, it seems to me, that the income-tax officer is acting in a purely administrative capacity ..... it is clear, therefore, that so long as no order is made by the president to suspend the enforcement of the rights conferred by part iii of the constitution every person in india, citizen or otherwise, has the guaranteed right to move the supreme court for enforcement of the rights conferred on him by part iii of the constitution and the supreme court has the power to issue necessary directions, orders or writs which may be appropriate for the enforcement of such rights. ..... . in that case under the bombay labour welfare fund act, which authorised the constituting of a fund for financing labour welfare, notices were served upon the appellant company to remit the fines and unpaid accumulations in its custody to the welfare ..... in the former, the reason given was :"reference has next to be made to article 265 which is in part xii, chapter i, dealing with finance ..... were relied on :"reference has next to be made to article 265 which is in part xii, chapter i, dealing with "finance". ..... the long title of that act shows that it was enacted to provide for the levy and collection of additional duties of excise on certain goods and for the distribution of a part of the net proceeds thereof among the stages in pursuance of the principles of distribution formulated and the recommendation made by the finance commission .....

Commissioner of Income Tax 5 Mumbai Vs. M/S. Essar Teleholdings Ltd. T ...

Court : Supreme Court of India

..... after the changes made in section 14a by the finance act, 2006, a circular no.14/2006 dated 28.12.2006 was issued, in which para 11 of the circular gave following explanation: 11.1 section 14a of the income tax act, 1961, provides that for the purposes of computing the total income under chapter iv of the said act, no deduction shall be allowed in respect of expenditure incurred by the assessee in relation to income which does not form part of the total income under the income tax act. ..... (1) thereof and to insert a new sub section (2) in the said section so as to provide that the assessing officer shall determine the amount of expenditure incurred in relation to such income which does not form part of the total 12 income, in accordance with such method as may be laid down by the central board of direct taxes by rules, if the assessing officer having regard to the accounts of the assessee, is not satisfied with the correctness of the claim of the assessee in respect of expenditure ..... of the previous year ; c= the average of total assets as appearing in the balance sheet of the assessee, on the first day and the last day of the previous year; (iii) an amount equal to one half per cent of the average of the value of investment, income from which does not or shall not form part of the total income, as appearing in the balance sheet of the assessee, on the first day and the last day of the previous year."3. .....

Pr. Commissioner Of Income Tax Central 3 Vs. Abhisar Buildwell P. Ltd.

Court : Supreme Court of India

..... vii) as regards the contention on behalf of the revenue that earlier scheme of block assessment under section 158ba envisaged assessment of undisclosed income whereas first proviso to section 153a(1) envisages assessment of total income which manifests the intention of the legislation to bring to tax total income , under section 153a of the act de hors any incriminating material, it is submitted that the said submission is without appreciating the object behind introducing the 153a regime as well as without appreciating the fact ..... the explanation to section 158b(a) also mandated that the assessment made under this chapter shall be in addition to the regular assessment in respect of each previous year included in the block period. e. ..... it is submitted that thereafter the finance act, 1995 introduced a special procedure for assessment of search cases. ..... commissioner of income tax (2016) 380 itr573(central)-iii vs. ..... ) 106 (itat/mum) dated 06.07.2012 and the decision of the delhi high court in the case of commissioner of income tax, central-iii v. ..... it is submitted that it is the settled position of law that what cannot be done directly, cannot be done indirectly. ..... (iii) in other words, both the income forming part of the regular assessment/reassessment falling under section 143/147 respectively, and the assessment on undisclosed income for block period would constitute together the total income. .....

T.N. Godavarman Thirumulpad Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2005SC4256; (2005)6CompLJ158(SC); JT2005(8)SC588; (2006)1SCC1

..... the public account of the state, as the case may be.third category of receipt is in terms of article 284 which is required to be paid into the public account of india or the public account of the state, as the case may be.chapter iii of cag act deals with duties and powers of the comptroller and auditor-general. ..... governments for compensatory afforestation but the utilization was only about 83% of the funds actually realized by the state governments, the shortfall being of nearly rs.200 crores.the ministry of environment and forests (moef) was directed to formulate a scheme providing that whenever any permission is granted for change of use of forest land for non-forest purposes and one of the conditions of the permission is that there should be compensatory afforestation, ..... further, it appears that the institute is also receiving research and training grants from ministry of finance, ministry of health and family welfare and ministry of agriculture, besides national bank for agriculture and rural ..... (v) the monies received in campa from a state or the union territory as per para 6.2 and the income thereon after deducting expenditure incurred by the campa on its establishment cost, monitoring and evaluation on a prorate basis shall be used only in that particular state or the union ..... was contended on behalf of the trustees that the levy of contribution under section 58 was in substance the levy of a tax, it was beyond the competence of the state legislature to enact such a provision. .....

Union of India Vs. M/S Intercontinental Consultants and Technocrats pv ...

Court : Supreme Court of India

..... of value) rules, 2006 to the extent it includes the reimbursement of expenses in the value of taxable service for the purpose of charging service tax; and (ii) for declaring the rule to be unconstitutional and ultra vires sections 66 and 67 of the finance act, 1994; and (iii) for quashing the impugned show-cause notice-cum-demand dated 17.03.2008 holding that it is illegal, arbitrary, without jurisdiction and unconstitutional.7) rule 5, which provides for inclusion in or exclusion from ..... petitions were filed by the assessees challenging the vires of rule 5 of the rules as unconstitutional as well as ultra vires the provisions of sections 66 and 67 of chapter v of the finance act, 1994 (hereinafter referred to as the act ). ..... the respondent was directed to deposit the due service tax along with interest @13% under sections 73 and 75 respectively of the act. ..... in response, the respondent provided month-wise detail of the professional income as well as reimbursable out of pocket expenses for the period mentioned in the aforesaid ..... it is pointed out that such exclusion is necessary to create a direct and immediate nexus between the levy and the manufacturing activity, and to bring about a uniformity in the incidence of the ..... no.6370/2008 directly against show cause notice dated 17.03.2008 resulting the judgment impugned in reimbursable claimed as not includible transportation, office rent, office supplies and utilities, testing charges, document charges, printing travelling, lodging, .....