Court : Kerala
Reported in : [2000]119STC236(Ker)
..... : [1964]53itr231(sc) , it was observed as follows :'as we have already pointed out, the right to commence a proceeding for assessment against the assessee as an agent of a non-resident party under the income-tax act before it was amended, ended on march 31, 1956, it is true that under the amending act by section 18 of the finance act, 1956, authority was conferred upon the income-tax officer to assess a person as an agent of a foreign party under section 43 within two years from the end of the year of assessment. ..... by the finance act, 1993, the legislature amended section 17 of the act and included section 17(6). ..... but authority of the income-tax officer under the act before it was amended by the finance act of 1956 having already come to an end, the amending provision will not assist him to commence a proceeding even though at the date when he issued the notice it is within the period provided by that amending act. ..... as we have already stated, if the amendment act had not been enacted, the proceedings in the present case would have been held to be unreasonable and void on the day on which the finance act, 1993 came into force. ..... as already stated, before it was amended by the finance act, no time-limit was prescribed. ..... then notices dated january 10, 1992 and june 17, 1992 were issued and finally the pre-assessment notice was issued on december 10, 1993. ..... (iii) every litigant has a vested right in substantive law, but no such right exists in procedural law. .....
Tag this Judgment!Court : Kerala
Reported in : 2012(3)KLT41(SN)(C.No.43)
..... so, there was an amendment to kvat act, 2003 as per the kerala finance act, 2007 (act 15 of 2007)-whereby two new provisos were added to section 8(a)(iii) which read as follows: provided further that this sub-clause shall not be applicable to any works taken up after 31st march, 2005 as a subsequent part of phase of the original work for which option had been filed under sub-section (7) or (7a) of section 7 of kerala general sales tax act, 1963 (15 of ..... the newly introduced provisos to section 8(a)(iii) of the kerala value added tax act, 2003 by the finance act, 2007 (act 15 of 2007) published in the official government gazette dated 28.7.2007 is unconstitutional and ..... challenging the course and proceedings, attributing the same as a direct result of the amendment brought into force by virtue of the finance act, 2007 and are questioning the constitutional validity of the relevant provisions. 5. ..... constitutional validity of the newly introduced proviso to section 8(a) (iiii) of the kerala value added tax act, 2003 (hereinafter referred to as act) by the finance act 2007 (act 15/2007) published in the official gazette of the state of kerala dated 28.07.2007, taking away the benefit of the lesser rate of compounding, being availed by the petitioners with retrospective effect from 01.04.2005,is the ..... challenge with regard to the source of power to bring about the enactments, with reference to the relevant entry in the state list under the 7th schedule of the constitution of india. .....
Tag this Judgment!Court : Kerala
Reported in : [1978]112ITR341(Ker)
..... judge has taken the view that the principle of the decision will be applicable only to income-tax assessed under the income-tax act, 1961, that what has been decided on in the cases is to assess tax on the declarations made by the assessees under section 68 of the finance act, 1965, that the liabilities arising from such declarations under section 68 of the finance act, 1965, can only arise at the time of the declaration and not on the valuation dates. ..... so declared if he,-(i) pays the amount of income-tax as computed at the said rate, or(ii) furnishes adequate security for the payment thereof in accordance with sub-section (4) and undertakes to pay such income-tax within a period, not exceeding six months, from the date of the declaration as may be specified by him therein, or(iii) on or before the 31st day of may, 1965, pays such amount as is not less than one-half of the amount of income-tax as computed ..... at the said rate or furnishes adequate security for the payment thereof in accordance with sub-section (4), and in either case assigns any shares in or debentures of, a joint stock company or mortgages any immovable property .....
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, ..... holding 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? ..... provided by a banking company or a financial institution including a non-banking financial company or any other body corporate, namely:(i) financial leasing services including equipment leasing and hire-purchase by a body corporate;(ii) credit card services;(iii) merchant banking services;(iv) securities and foreign exchange (forex) broking;(v) asset management including portfolio management, all forms of fund management, pension fund management, custodial depository and trust services, but does not include ..... 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. .....
Tag this Judgment!Court : Kerala
Reported in : (2000)160CTR(Ker)216; [2000]242ITR29(Ker)
..... at the end of sub-section (1) of section 271 by the said finance act (section 40 of the finance act, 1964). ..... the application, learned counsel for the revenue submitted that the second return cannot be termed a return within the meaning of section 139(5) of the act and whatever the assessee had disclosed subsequently was by way of an attempt to forestall further action after the omissions were ..... delibe-rately' existed which was omitted by the finance act, 1964, with effect from april 1, 1964. ..... pursuant to a direction given by this court, the following question has been referred for opinion under section 256(2) of the income-tax act, 1961 (in short 'the act'), by the income-tax appellate tribunal, cochin bench (in short 'the tribunal') :'whether, on the facts and in the circumstances of the case, the tribunal is right in law and fact in cancelling the february 2, 1988, on a ..... the assessing officer held the view that the second return filed by the assessee could not be considered as a revised return under section 139(5) as the same was filed after the department had started making enquiries and that the mere fact that the additional income offered by the assessee was accepted ..... amendments were brought by the taxation laws (amendment) act, 1975, (section 61 of the said amending act ..... (iii) in the cases referred to in clause (c), in addition to any tax payable by him, a sum which shall not be less than, but which shall not exceed twice, the amount of tax sought to be evaded by reason of the .....
Tag this Judgment!Court : Kerala
Reported in : (1998)149CTR(Ker)220; [1999]238ITR224(Ker)
..... 1988]170itr419(ker) , in which this court held that a hotel is not an industrial company, because the activity of conversion of raw materials into food in a hotel does not amount to manufacture or processing of goods within the meaning of section 2(7)(c) of the finance act, 1979, and, therefore, a hotel is not entitled to concessional rate of tax as specified under clause 2(i)(a) of paragraph e of schedule i to the finance act, 1979.4. ..... ]91itr289(ker) , the question for consideration was whether the activity carried on in preparing articles of food from raw materials in a hotel, would constitute 'manufacture or processing of goods' within the meaning of section 2(6)(d) of the finance act, 1968. ..... is right in law and fact in holding : (i) the equipment, used in the kitchen and store room can be conceivably looked upon for the purpose of producing an article or thing (ii) there is production of food materials in a hotel (iii) the assessee is entitled to the investment allowance under section 32a of the income-tax act, on the building housing the kitchen, 'producing' the food stuffs 2. ..... 'the appellate tribunal, in short, took the view that the requisite conditions of section 32a(2)(b)(iii) stand satisfied and, therefore, the assessee is entitled to investment allowance on the building housing the kitchen, store room and the equipment used for producing the food ..... said decisions turned upon different provisions of law, in essence they discussed the ingredients of section 32a(2)(b)(iii). .....
Tag this Judgment!Court : Kerala
Reported in : [2000]244ITR44(Ker)
..... at the end of sub-section (1) of section 271 by the said finance act (section 40 of the finance act, 1964). ..... 'deliberately' existed which was omitted by the finance act, 1964, with effect from april 1, 1964 ..... a conspectus of the explanation added by the finance act, 1964, and the subsequent substituted explanations, makes it clear that the statute visualised the assessment proceeding's and penalty proceedings to be wholly distinct and ..... , learned counsel for the revenue submitted that the approach of the third member, who held that penalty could not be imposed under section 271(1)(c) of the act, proceeded with reference to the position as existing prior to the amendment of section 271(1)(c) of the act. ..... in between, by the finance act, 1968, the base for levy of penalty became the amount of concealment as against the quantum of tax sought to be avoided ..... the explanation introduced by the finance act, 1964. ..... the accountant member held that the proceedings were validly initiated even on the finding of the appellate order and further under the explanation to section 271(1)(c), the claim of the assessee havingbeen found to be false, it must be deemed to have concealed its income. ..... amendments were brought by the taxation laws (amendment) act, 1975 (section 61 of the said amending act ..... (iii) in the cases referred to in clause (c), in addition to any tax payable by him, a sum which shall not be less than, but which shall not exceed twice, the amount of tax sought to be evaded by reason of the .....
Tag this Judgment!Court : Kerala
Reported in : [1979]49CompCas268(Ker); [1979]117ITR676(Ker)
..... the language used by the legislature in section 2(6a)(c), as amended by the finance act, 1956, is fairly clear. ..... subject to the other provisions contained in this schedule, the capital of a company shall be the sum of the amounts, as on the first day of the previous year relevant to the assessment year, of its paid up share capital and of its reserve, if any, created under the proviso (b) to clause (vib) of sub-section (2) of section 10 of the indian income-tax act, 1922, or under sub-section (3) of section 34 of the income-tax act, 1961, and of its other reserves in so far as the amounts credited to such other reserves ..... have not been allowed in computing its profits for the purposes of the indian income-tax act, 1922, or the income-tax act, 1961, diminished by the amount by which the cost to it of the assets the income from which in accordance with clause (iii) or clause (vi) or clause (viii) of rule 1 of the first schedule is not .....
Tag this Judgment!Court : Kerala
Reported in : [1971]81ITR423(Ker)
..... in view of the contention now put forward by the counsel for the revenue, it is necessary to examine whether the explanation introduced in section 271(1) of the act by the finance act, 1964, will govern the present case.as has been already noticed the explanation in question was introduced in section 27(1) of the act by virtue of an amendment of that section effected by section 40 of the finance act, 1964. ..... it is, therefore, reasonable to infer that the intention of parliament is that the explanation should apply only to cases governed by clause (c) of section 27(1) as it stands after its amendment by the finance act, 1964.by the deletion of the word 'deliberately' which originally occurred in clause (c) of section 271(1) a substantial alteration has been effected in the structure and content of the offence. ..... where action is initiated against an assessee under section 271(1)(c) of the act, (as it stood prior to the amendments introduced by the finance act, 1964), he can be found guilty only if there is evidence which can reasonably lead to the conclusion that he has consciously concealed the particulars of his income or deliberately furnished inaccurate particulars of such income. ..... it is, therefor, clear that the intention of parliament was that the amendments in question introduced by section 40 of the finance act were to be effective only from april 1, 1964. .....
Tag this Judgment!Court : Kerala
Reported in : (2006)200CTR(Ker)591; 2006(1)KLT128; 2006[4]STR429
..... the central excise department holding that petitioner is liable to get registered and pay service tax under sections 65 & 66 of the finance act, 1994 as amended by finance (no. ..... petitioner has to be considered with reference to the statutory provisions, reference has to be first made to the definition clauses contained in section 65 of the finance act 1994 as amended. ..... b2/8/2004-tru) dated 10-9-2004 issued by the central government under section 93(1) of the finance act 1994 wherein exemption is seen granted on service tax at 50% of the value of service ..... of goods involved in supply of food and beverages and sale tax is leviable on the same by virtue of section 2(29) of the kgst act introduced after constitutional amendment, it is essentially a contract of service as held by the supreme court in the above decisions. ..... of the supreme court, contended that levy is harsh and is virtual sales tax for which central legislation is not permissible as the subject is covered by entry 54 of the state list in the viith schedule to the constitution, the argument is not tenable by virtue of the direct decision of the supreme court above referred in the same matter. ..... the supreme court in northern india caterer's case reported in 45 stc 212 and the decision reported in 29 stc 475 where in supply of food by hotliers was declared essentially a service, the constitution was amended by incorporating clause (f) in article 366(29a) authorising levy of sales tax on supply of any goods as part of service. .....
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