Court : Madhya Pradesh
Reported in : (2008)216CTR(MP)153
..... in this appeal, it was argued by revenue that the parliament has amended section 143(1a) by finance acts, 1992 and 1993 and in particular clause (a) of sub-section (1a) of section 143 with retrospective effect from 1st april, 1989, wherein it is inter alia provided that if loss declared in the return has been reduced as a result of prima facie adjustment or where ..... 1998) 146 ctr (mp) 187--ed. ..... bring to the notice of the hon'ble high court that retrospective amendment w.e.f 1st april, 1989, has been brought about by the finance act, 1993 by which clause (a) in sub-section (1a) of section 143 has been substituted and explanation thereunder has been omitted retrospectively ..... was justified in holding that assessee was not liable to pay additional tax after adjusting the loss in accordance with the provisions of section 143(1a) of the act or what is the true interpretation of section 143(1a) of the act and whether assessee (appellant) is liable to pay any additional tax in proceedings initiated by ao under section 143(1a) ibid if net result after making all prima facie adjustments in the return of income work out to loss or whether ..... and hence, question arose before the taxing authorities, which later reached before gujarat high court as to whether an order passed in ignorance of law laid down by high court can be rectified in section 154 proceedings their lordships of gujarat high court after placing reliance on the law laid down by supreme court in the case of east india commercial co. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2006)204CTR(MP)555
..... in any other provisions of any law for the time being in force, such appeal or reference or reply shall be deemed to have been withdrawn on the day on which the order referred to in sub-section (2) is passed :provided that where the declarant has filed a writ petition or appeal or reference before any high court or the supreme court against any order in respect of the tax arrear, the declarant shall ..... 2006) 204 ctr (mp) 549) holding that the aforesaid order dated 16-1-2004 passed by the tribunal was outside the scope and purview of section 254(2) of the act which was confined only to rectification of any mistake apparent from the record and have set aside the said order dated 16-1-2004 of the ..... under section 254(2) of the act for correction of the said order dated 26-11-2001 of the tribunal and the ground taken in the said application filed by the assessee was that under sub-section (4) of section 90 of the finance (no. ..... time and manner of payment of tax arrear(1) within sixty days from the date of receipt of the declaration under section 88, the designated authority shall, by order, determine the amount payable by the declarant in accordance with the provisions of this scheme and grant a certificate in such form as may be prescribed to ..... indirect tax enactment under which the proceedings against the declarant are or were pending shall be deemed to have been revived :provided further that the designated authority may amend the certificate for reasons to be recorded in writing. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1988]173ITR126(MP)
..... assessment years 1964-65 and 1965-66, respectively, were allowable revenue deductions ?at the instance of the commissioner of income-tax : (4) whether, on the facts and in the circumstances of the case, the amount of rebate allowable under section 2(5)(a)(i) of the finance acts, 1964 and 1965, should be calculated by including in the export turnover the amounts representing the drawback of customs duty, refund of excise duty and premium gain on value of yarn entitlement ? ..... our answer to the aforesaid two questions is that, on the facts and in the circumstances of the case, the amount of rebate allowable under section 2(5)(a)(i) and (ii) of the finance acts, 1964 and 1965, should be calculated by including in the export turnover the amount representing the drawback of customs duty and the refund of excise duty but not the amount representing the premium ..... the income-tax officer also rejected the claim of the assessee that the amount of rebate allowable under section 2(5)(a)(i) and (ii) of the finance act in force, should be calculated by including in the turnover the amounts representing drawback of customs duty, refund of excise duty and premium gain on the value ..... (5) whether, on the facts and in the circumstances of the case, the amount of rebate allowable under section 2(5)(a)(ii) of the finance acts, 1964 and 1965, should be calculated by including in the export turnover the amounts representing the drawback of customs duty, refund of excise duty and premium gain on value of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1979]116ITR347(MP)
..... :'whether, on the facts and in the circumstances of the case, the tribunal was right in holding that neither the tax liability at the rate applicable in accordance with the finance act of the year concerned on the disclosed income included on assessment nor at the rate of 60% prescribed under section 68 of the finance act, 1965, was deductible in arriving at the net wealth of the assessee '2. ..... ahmed ibrahim sahigara : [1974]93itr288(guj) , however, held that section 68 of the finance act, 1965, was not intended to lay down a concessional rate at which income-tax may be charged under the i.t. ..... the only difference under the voluntary disclosure scheme made by section 68 of the finance act, 1965, was to provide a flat rate of sixty per cent. ..... the division bench has further held that that view proceeds upon the principle that liability for tax arising out of the declaration made under section 68 of the finance act, 1965, is nothing other than the liability under the i.t. ..... girdhari lal : [1975]99itr79(delhi) , taking the view that the amount declared by the assessee under section 68 of the finance act, 1965, partakes of the character of total income assessable under section 3 of the indian i.t: act, 1922, or section 4 of the i.t. ..... under section 68(3) of the finance act, 1965, arose on account of their making a voluntary disclosure under section 68(1) of the act and, therefore, there was no 'debt owed' on the valuation date within the meaning of section 2(m) of the w.t. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2004]137STC269(MP)
..... are saying so, because on the touch-stone of section 84 read with section 86 of the act, without the issuance of the requisite statutory notification (under the provisions of bihar finance act, 1981), the policy resolution of 1995 by itself was ..... state are entitled to any such benefit has to be considered with reference to the statutory orders made under the bihar finance act because notwithstanding the terms of the policy, unless corresponding provisions are made by issuing notifications/orders under the bihar finance act to carry out the objects of the industrial policy, a trader does not get benefits of any sales tax exemption.'14. ..... appointed day, the appropriate government may, before the expiration of two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed ..... raw material, but insofar as the inter-state sale is concerned, no such exemption intention could be gathered or inferred from 1995 policy resolution nor was it permissible under the bihar finance act, 1981. ..... had fallen for consideration before the supreme court was an administrative order not amounting to law within the meaning of section 2(g) of the punjab reorganisation act--as held by the punjab high court with which the supreme court agreed. ..... 1993] 89 stc 201 (sc); (1992) 2 scc 643, kasinka .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1953]23ITR382(MP)
..... , 1950, in so far as they authorise the levy of the tax on income accruing in madhya bharat in the period prior to 26th january, 1950, are ultra vires; (4) whether the notice issued to the petitioners under section 22 of the act requiring them to submit a return ..... section 13 of the finance act or of the other provisions of that act by which the indian income-tax act was amended and made applicable to part b states.learned counsel for the petitioners also urged that the income-tax act has no retrospective operation and that when the act was made applicable to this state only from 1st april, 1950, it cannot be construed so as to permit taxation under the act ..... of the rajasthan high court is accepted, then one is led to the strange conclusion that the state law is to continue in force under section 13 of the finance act for the levy, assessment and collection of the tax on income accruing not only in the year from 1st april, 1948, to 31st march, ..... section 3 read with section 2(14a) of the act, the income accruing to the petitioner in the accounting year 1949-50 in madhya bharat is liable to tax; (2) whether if the said income is not liable to tax, the income-tax officer, indore, can assess tax on the petitioners income which accrued to them in part a states during the year ending on 31st march, 1950; (3) whether the provisions of the indian income-tax act, 1922, as amended by the indian finance act .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1969MP100; [1969]73ITR95(MP); 1969MPLJ61
..... 1965 of the income-tax officer in regard to the payment of the tax amount due from the petitioner; that the said scheme could be varied or affected by any amendment made in sub-section (2) inasmuch as the scheme was without prejudice to the provisions contained in sub-section (2); and that the finance act, 1965, which was passed in may 1965, itself gave retrospective effect to the enhanced rate of interest by making it operative from 1st april 1965, and in demanding ..... per cent to six per cent from 1st april 1965 did not have any retrospective effect so as to make that rate applicable in those cases where the period limited under sub-section (1) of section 220 for- payment of the amount specified in any notice of demand ended before 1st april 1965, and that there was nothing in section 220(2) or in the finance act, 1965, to indicate that the amendment made by section 53 of the finance act, 1965, in section 220(2) had such a retrospective effect. ..... applicable even to those cases where the period limited under sub-section (1) for payment of the amount specified in the notice of demand ended before 1st april 1965, that would in effect mean giving the amendment retrospective effect from a date earlier than that prescribed by section 1 (2) of the finance act, 1965, it must be noted that the liability of an assessee to pay interest under section 220(2) of the act is at that prescribed rate which is in force on the day commencing after the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(3)MPHT356
..... ] and a division bench of this court by order dated 29-4-2006 had expressed the opinion that the said service tax is recoverable from the service provider under section 65 (76-b) the provisions of the finance act on the packaging activities as inserted by finance act, 2005 and further service provider can pass on the liability to the retail contractors and accordingly dismissed the writ petition in limine.8. ..... another division bench of this court has delivered the judgment on 29-4-2006, holding that bottling of liquor is a packaging activity as defined in section 65 (76-b) of the finance act, 2005, on which service tax is payable.on a reading of judgment dated 29-4-06 of the division bench in vindhyachal distilleries pvt. ..... is received, stored, blended, reduced, bottled at issue strength, sealed and issued to retailers license or storage warehouse, the bottling activity is not a separate activity, but part of manufacturing activity and is not covered by 'packaging activity' as defined in section 65 (76 g) of the finance act, 2005 read with definition of 'taxable service' in section 65 (105) (zzzf) of the service tax ..... 'bottle' has been defined under section 2 (2) of the act of 1915, while another division bench in the case of vindhyachal distilleries (supra), has held that bottling and sealing charges are not included in manufacturing process and therefore, they arc covered by the definition of 'packaging activity' in finance act, 2005. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1989]178ITR284(MP)
..... may be pointed out that all the decisions which have been relied upon by the tribunal in its appellate order and which have been referred to above were in regard to the assessment years prior to section 271 being amended by the finance act 1964, except the division bench decision of the punjab and haryana high court in the case of addl. ..... by learned counsel for the department that the tribunal, in allowing the appeal and reversing the finding of the inspecting assistant commissioner, has failed to consider the import of the amendment made in section 271 with effect from april 1, 1964, by the finance act, 1964, and, consequently, the conclusion reached by the tribunal was not correct. ..... in the instant case was 1973-74, section 271 as it stood after its amendment by the finance act, 1964, and before its amendment by the taxation laws (amendment) act, 1975, would be applicable.7. ..... it must be held that the patent intent of the legislature in amending section 271(1)(c) and in inserting the explanation thereto by the finance act of 1964, was to bring about a change in the existing law ..... the amendment which was made in section 271 by the finance act, 1964 ..... the supreme court has pointed out that the explanation added to section 271(1) by the finance act, 1964, permits a presumption to be raised, but the said ..... a similar view in regard to the effect and import of the explanation added in section 271(1) by the finance act, 1964, has been taken: by a division bench of the allahabad high court in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2009)20VST853(MP)
..... a reference has been made to the amendments made under sections 116 and 117 and insertion of section 71a in finance act, 1994 for the period july 16, 1997 to october 16, 1998 and by clause 150 of the finance bill, 2003, which has made the position clear that the petitioners are liable to pay service tax during ..... providing validation in the finance act, 2000, section 116 of the said act, the government has also amended the definition of the ..... said trade notice was issued with reference to the judgment of the apex court in the case of laghu udyog bharati : 1999ecr53(sc) before the validation of the provisions of service tax was made vide amendment of sections 116 and 117 of the finance act, 2000. ..... --during the period commencing on and from the july 16, 1997 and ending with the october 16, 1998, the provisions of chapter v of the finance act, 1994 shall be deemed to have had effect subject to the following modifications, namely:(a) in section 65,--(i) for clause (6), the following clause had been substituted, namely:(6) 'assessee' means a person liable for collecting the service tax and include--(i) his agent; or(ii) in relation to services provided by a clearing and ..... union of india : 1999ecr53(sc) , held that the provisions of rule 2(d)(xii) and (xvii) of the rules as amended in 1997 are ultra vires the finance act, 1994 as far as they made persons other than clearing and forwarding agents responsible for collecting the service tax or the goods transport operators are responsible .....
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