Court : Guwahati
..... prior to its amendment by the finance act, 2005, clause (30a) of section 65 of the finance act, 1994, which contained the definition of 'construction service', read as under:(30a) 'construction service' means--(a) construction of new building or civil structure or a part thereof ; or(b) repair, alteration or restoration of, or similar services in relation to, building or civil structure,which is--(i) used, or to be used, primarily for ; or(ii) occupied, or to be occupied, primarily with ; or(iii) engaged, or to be engaged, primarily in,commerce or industry, or work intended for commerce or ..... filing an affidavit, their case being, briefly stated, as under:(i) as per the definition of 'construction of complex service', appearing in section 65(105)(zzzh) of the finance act, 1994 (as amended), since the petitioner-company is providing service to its clients, the service, so provided by them, is taxable under 'service tax'. ..... by the said amendment, a new entry was inserted in list i of the seventh schedule to the constitution ..... party agrees to sell and the second party agrees to purchase the flat described in schedule b along with the proportionate and undivided share of land for a total sale ..... thousand five hundred only) which shall be paid by the second party to the first party as per the payment schedule below:(a) on booking and agreement rs. ..... schedule ..... , the second party specifically agrees to make the payment of the sale price strictly as per the payment schedule described above.9. .....
Tag this Judgment!Court : Guwahati
..... the apex court answered the question in the negative holding that in view of the provisions of section 32(4) of the finance act, 1978, the source of power to exempt the special duty would be traceable to rule 8(1) read with section 32(4) of the finance act, 1978 which would require the exemption notifications to recite and record the said facts. ..... while the learned counsel for the petitioners has argued that the additional duty of excise levied by the finance act of 2003 is in essence a duty of excise leviable under section 3 of the central excise act, 1944 and, therefore, the notification no. ..... section 32(4) of the finance act, 1978 is perimeteria with section 157(3) of the finance act of 2003. ..... , whether the petitioners are entitled to invoke the doctrine of promissory estoppel to claim a right to exemption from payment of additional duty of excise imposed by the finance act, 2003.learned counsel for the petitioners asserts that in the office memorandum dated 24.12.1997 laying down the government policy to provide incentives, there is a clear and unequivocal promise on the part of the central government to ..... in modi rubber limited (supra), apart from the basic excise duty imposed under section 3 of the central and salt act, 1944 (as in force at that point of time) on manufacturers of tyres, special excise duty @ 5% of the basic duty was imposed by the finance act, 1978. ..... the duty imposed, thereafter, was included in the first schedule to the tariff act of 1985. .....
Tag this Judgment!Court : Guwahati
..... sub-section (3) reads i ' (3) income-tax shall be charged on the amount of the voluntarily disclosed income-- (a) where the declarant is a person other than a company, at the rates specified in paragraph a, and...of part i of the first schedule to the finance act, 1965 (10 of 1965), as if such, amount were the total income of the declarant so, however, that-- (i) the proviso to the said paragraph a or, as the case may be, the second proviso to the said paragraph f shall not apply ;(ii) ..... submits that the voluntary disclosures were accepted by the commissioner without any enquiry or satisfaction as to whether the disclosed amounts in fact represented the income of the declarants ; the procedure envisaged under the the finance act were summary; it granted specific immunities to the declarants but there is nothing in the finance act or in any other law forbidding an enquiry into the genuiness of the declarations in subsequent proceedings in relation to a person other than the declarants.11. ..... (iii) whether the claim of an assessee that the credit entries reflected in his books of account are money respresenting the earned income of ' a declarant ' who made voluntary disclosure under the finance act is open to investigation by the revenue in order to examine the correctness of the explanation of the assessee whether the production of the declaration and certificate under section 24(15) of the finance act that the declarant voluntarily disclosed the amounts under the act precludes the .....
Tag this Judgment!Court : Guwahati
..... referring to paragraph 31 of the judgment, he submitted that the provisions of section 51 of the finance act, 1982 by which retrospective effect to the amendments of rules 9 and 49 of central excise rules, 1944 was brought about and which is pari materia to the provisions of section 154 of the finance act, 2003, such retrospective operation cannot override the express provisions of section 11a and in the instant case the petitioners having not been issued with any notice before passing the impugned order dated 6.6.2003 ..... in jk cotton spinning case (supra), the apex court upheld the retrospective amendment of rules 9 and 49 of the excise rules by section 51 of the finance act, 1982 which according to the learned counsel for the petitioner is a pari materia provision with that of section 154 of the finance act, 2003. ..... by a notification dated april 6, 1984 issued by the government of india, ministry of finance (department of revenue) in exercise of the powers conferred by rule 8(1) of the central excise rules, 1944, tyres, falling under item 16 of the first schedule to the central excise and salt act, 1944, were exempt from a certain percentage of excise duty to the extent that the manufacturers had not availed themselves of the exemption granted under certain other earlier notifications. ..... referring to the decision of the apex court as reported in air 1992 sc 1439 (ms. ..... (iii) rejected the refund claims of rs. .....
Tag this Judgment!Court : Guwahati
..... purchase of raw materials for a period of seven years from 1.4.1993 in accordance with clause 10.4(i)(b) of the industrial incentive policy, 1993 and whether the notification issued by the government of bihar dated 2.4,1994 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 valid as being contrary to the policy resolution of 1993. ..... 1.3.2001 wherein the benefits of the central excise tax was withdrawn on pan masala containing chewing tobacco is contrary to the policy decision taken by the government it is pertinent to mention the government has not changed nor amended the policy, the policy remains the same of declaring the region as total tax free zone for the industries set up and commence production on or after 24.12.1997 or which have increase in installed capacity on or after ..... of the powers conferred by sub-section (1) of section 5a of the central excise act, 1944 (1 of 1944), read with sub-section (3) of section 3 of the additional duties of excise (goods of special importance) act, 1957 (58 of 1957) and sub-section (3) of section 3 of the additional duties of excise (textile and textile articles) act, 1978, (40 of 1978), the central government, being satisfied that it is necessary in the public interest so to do, hereby exempts the goods specified in the first schedule and the second schedule to the central excise tariff act, 1985 (1 of 1986) and .....
Tag this Judgment!Court : Guwahati
..... section 157 (1) of the finance act provided that there shall be levied and collected for the purpose of the union, by surcharge, an additional duty of excise at the rate specified in the schedule. ..... choudhury, learned senior counsel for the petitioner, that even if the expression interest had been mentioned in section 157 (3) of the finance act 2003, yet it would not have improved the case of revenue for sustaining the demand for interest. ..... to put it differently, firstly, there is no provision made to levy/ charge interest in the finance act, 2003: secondly, substantive provision relating to levy/ charging of interest from central excise act is not made applicable to finance act, 2003 and thirdly, by virtue of section 157(3), only provisions relating to penalty, refund and exemption contained in central excise act are made applicable to finance act, 2003. ..... he pointed out that in the absence of any charging section to levy interest in the finance act 2003, no demand for interest could be raised by the revenue. ..... coming now to the facts of this case, when we examine the provisions of finance act 2003 keeping in view the aforesaid principle of law, then we find that there is no substantive provision contained in the finance act 2003 to charge/levy interest on delayed payment of additional excise duty payable under section 157 ( 1 ) ibid. ..... the fourth schedule of the act was accordingly amended. .....
Tag this Judgment!Court : Guwahati
..... prior to enactment of the agst act, 1993, section 7 of the assam sales tax act, 1947, had specifically empowered the government to exempt any goods from levy of sales tax by amending the schedule appended ..... the government of a state announces an industrial policy and invites investors to make investments in order to receive the benefits and incentives promised under the industrial policy, can another department of the government, namely, department of finance, while preparing, in exercise of its powers under the relevant statute, a scheme, such as the scheme of 1995, refuse to grant exemption from sales tax to an industrial unit, which is, otherwise, eligible to ..... started its first commercial production on september 17, 1993, the said unit, in terms of the industrial policy of 1991 (as had been announced under notifications, dated april 6, 1991 and july 1, 1992) would have been eligible for sales tax exemption, but for the reason that before the petitioner-company's commercial production could commence (which, eventually, commenced on september 17, 1993), (the notification, dated ..... say that the promisee ought to have known the position of law that without issuance or publication of the requisite notification under the relevant statute, the promise would not be binding ..... (iii) be that as it may, the department of industries, government of assam, issued, in supersession of all its earlier notifications, yet another notification, dated april 26, 1994, declaring thereunder, with effect from .....
Tag this Judgment!Court : Guwahati
..... it 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. ..... the said provision was amended by the finance act of 1993 substituting sub-clause (ii) of clause (a) of sub-section (1a) of section 143 whereby additional tax has been levied even on loss worked out by the assessing officer after adjustment. ..... aggrieved by the order of rejection, the assessee filed the civil rule for declaring the provisions of section 143(1a)(a) ultra vires and for quashing the order of rejection dated december 14, 1992, imposing an additional tax of rs. ..... subsequently, the finance act, 1990, introduced a new section 28(iii)(b) in the income-tax act, whereby cash compensatory support was made taxable. ..... but the said decision was unsettled by the notice dated october 20, 1992, issued under section 154/155 of the act wherein it was stated that the earlier intimation dated february 14, 1990, required amendment for a mistake apparent on the record in allowing depreciation under section 32 of the act. ..... the assessee, in his reply dated november 25, 1992, and during the course of hearing, submitted that the depreciation amount of rs. ..... the assessing officer by order dated december 14, 1992, reduced the depreciation to the extent of rs. .....
Tag this Judgment!Court : Guwahati
..... act was further amended by the finance act, 1992 ..... held that such blocks board would fall under entry 4408.90 in the light of note 5 as amended by finance act, 1992.10. ..... this view is also supported by the legislative exercise conducted in the finance act, 1992 by adding the words 'otherwise joined together' for the purpose of enlarging the scope of ..... finance act, 1990 amended chapter 44 of the tariff act ..... in the note 5 introduced by the finance act, 1990 the words 'otherwise glued or joined ..... , namely, (i) glueing blocks of wood together, that is, applying glue artificially in between every set of two adjacent blocks, (ii) laying them separately and (iii) otherwise joining them together, and came to the conclusion that the core or slab is formed even where blocks of wood are laid without applying glue between every set of adjoining blocks or ..... where the core is formed by merely placing blocks of wood in between veneer sheets, in the inner surface of which glue is applied cannot fall within the inclusive definition given in note 5 introduced by the finance act, 1990.12. ..... '.no other entry in the first schedule of the 1944 act took in any other type ..... prior to 28-2-1986 was governed by the provisions of 1st schedule to central excises and salt act, 1944 (for short, the 1944 act). ..... relevant portion of item 16(b) of the 1st schedule read as follows :-'wood and articles of wood, the following namely :plywood, block board (including flush doors), thirty per cent lamin board, batten board, hard or .....
Tag this Judgment!Court : Guwahati
..... , clause 10.2 of the nit dated february 22, 2002 has to be in consonance with the statutory provisions of the finance act which imposes limited liability upon the assessee to collect the service tax from the consumer and pay to the department.12. ..... , submitted that since the writ petitioner is an assessee under the finance act, 1994 being service provider, it is his liability to pay the service ..... a reading of various provisions of chapter v of the finance act, 1994 indicates that the assessee is the collecting agent of the service tax and it is the consumer who has to bear this ..... effective disposal of the writ petition it is also necessary to quote the relevant provisions of the finance act, 1994, which are as below:65. ..... say so because the work order dated november 3, 2006 is in consonance with the provisions of the finance act whereas clause 10.2 in the nit is apparently contrary to the act.15. ..... under the finance act, 1994, chapter v was inserted introducing the concept of 'service ..... any person, responsible for collecting the service tax, who fails to collect the tax in accordance with the provisions of sub-section (1) shall, notwithstanding such failure, be liable to pay the tax to the credit of the central government in accordance with the provisions of sub-section (2).7. ..... and recovery of service tax- (1) every stock-broker, the telegraph authority or the insurer who is providing taxable services to any person shall collect the service tax at the rate specified in section 66.(2) .... .....
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