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Assistant Commissioner of Income Vs. Shankerlal Agarwal and Co.

Court : Income Tax Appellate Tribunal ITAT Jodhpur

..... in the above provision the words "the report of any audit" were inserted in this provision by amendment vide finance act, 1988, w.e.f.1st april, 1989, and the words "referred to in s. ..... 44ab" qualifying the audit report have been inserted by amendment vide finance act, 1995, w.e.f.1st july, 1995. ..... 271b by amendment vide finance act, 1995, w.e.f ..... 139(6a) as amended by the finance act, 1988, w.e.f ..... 44ab" were inserted by amendment vide finance act, 1995, w.e.f. ..... 44ab vide the finance act, 1995, which became operative w.e.f ..... and 44ab vide finance act, 1995, w.e.f. ..... 139(6a) by finance act, 1995 w.e.f ..... in the circumstances the assessee having got its accounts audited by 28th october, 1993, and having obtained a report of the said audit by 28th october, 1993, the penalty for default of getting the accounts audited within specified date under s ..... 44ab but there were so many other audit reports also under various sections, a few of which have just been mentioned above. ..... assessment year under appeal being 1993-94, that is, prior to amendment of s. ..... , the ao has, in his order, largely discussed the non-getting of the accounts audited within the specified date (31st october, 1993) as also non-obtaining of the report of such audit under s. ..... of the report to the effect that : "the next limb of the argument of learned counsel for the petitioner is that the present section is unworkable because it is inconsistent with the various other provisions of the act." 19. ..... 12a(b), 32ab(5), 80hh, 80hhc, 80hhe, etc.etc. .....

Assistant Commissioner of Income Tax Vs. Shankerlal Agarwal and Co.

Court : Rajasthan

Reported in : (2001)69TTJ(NULL)463

..... the assessment year under appeal being 1993-94, that is, prior to amendment of section 44ab vide the finance act, 1995, which became operative with effect from 1-7-1995, the position of law under section 44ab remains that as mentioned above as being prior to 1-7-1995. ..... 'in the above provision the words 'the report of any audit' were inserted in this provision by amendment vide finance act, 1988, with effect from 1-4-1989, and the words 'referred to in section 44ab' were inserted by amendment vide finance act, 1995, with effect from 1-7-1995. ..... circumstances the revenue does not get any benefit from the decision of hon'ble jurisdictional high court in the case of abhey kumar.in view of the discussions made above, we are of the view that prior to amendment of sections 271b and 44ab vide finance act, 1995, with effect from 1-7-1995, penalty for non-furnishing of audit report required under section 44ab within specified date was not leviable. ..... it is worthwhile to note here that requirement of 'furnishing' the audit report under section 44ab was incorporated in section 271b by amendment vide finance act, 1995, with effect from 1-7-1995, and prior thereto such a general requirement of furnishing the report of audit under section 44ab was no more there under section 271b.13. ..... it may be recalled that the audit reports may be under various provisions of income tax act, 1961, as for example sections 12a(b), 32ab(5), 80hh, 80hhc, 80hhe, etc. .....

Assisstant Commissioner of Vs. Shankerlal Agarwal and Co.

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2001)77ITD488(Jodh.)

..... the assessment year under appeal being 1993-94 that is prior to amendment of section 44ab vide the finance act, 1995 which became operative with effect from 1-7-1995, the position of law under section 44ab remains that as mentioned above as being prior to 1-7-1995. ..... " in the above provision the words "the report of any audit" were inserted in this provision by amendment vide finance act, 1988 w.e.f.1-4-1989, and the words "referred to in section 44ab" were inserted by amendment vide finance act, 1995 w.e.f. ..... it is worthwhile to note here that requirement of "furnishing" the audit report under section 44ab was incorporated in section 271b by amendment vide finance act, 1995 w.e.f. ..... in this context we may also note that in section 139(6a) the words "referred to in section 44ab" qualifying the audit report have been inserted by amendment vide finance act, 1995, w.e.f. ..... in view of the discussions made above, we are of the view that prior to amendment of sections 271b & 44ab vide finance act, 1995 w.e.f. ..... so the provision of section 139(6a) as amended by the finance act, 1988 w.e.f. ..... at this juncture it may also be observed that the words "referred to in section 44ab" qualifying the audit report have been inserted in section 139(6a) by finance act, 1995 w.e.f. ..... it may be re-called that the audit reports may be under various provisions of income-tax act, 1961, as for example 12a(b), 32ab(5), 80hh, 80hhc, 80hhe, etc.etc. .....

Ags Entertainment Private Limited Vs. Union of India

Court : Chennai

..... constitution of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 of the constitution of india declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii and article 14 of the ..... 226 of constitution of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii and article 14 ..... 226 of constitution of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii and article 14 ..... 226 of constitution of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii and article 14 .....

G.V.Matheswaran Vs. the Union of India

Court : Chennai

..... 33 w.p.nos.14887, 19322, 20982 and 24804 of 2010 are filed seeking a writ of prohibition prohibiting the respondents from (a) giving effect to the provisions of section 65(90a) read with section 65(105)(zzzz) of the finance act, 1994 as amended by the finance act, 2007 and finance act, 2010 (b) levying or attempting to levy, collect or recover from the petitioner, any service tax under the said provisions and (c) levying or attempting to levy, collect or recover from the land owners of the petitioner, any service ..... 32 w.p.nos.24586 and 24588 of 2010 are filed seeking to declare that (i) the impugned provisions, i.e.section 65(105)(zzzz) read with section 65(90-a) of the finance act, 1994, as amended by the finance act, 2010, as null and void and ultra vires and violative of entry 49, list-ii, seventh schedule, articles 14, 19 and 246(3) of the constitution of india, (ii) section 76(a)(6)(h) and section 77 of the finance act, 2010 as null and void and ultra vires the constitution of india insofar as the petitioners are concerned; and (iii) the notification ..... 51 w.p.no.8932 of 2011 is filed by the tamil nadu slum clearance board, seeking to declare the provision of sub-section 9(a) of section 65 of the finance act, as amended by the finance act, 2007, as invalid and this court is not inclined to go into the same as the said provision is intra vires of the constitution in view of the decision taken by this court in paragraph no.30 above, following the decision in home solutions .....

Commissioner of Income-tax, Kerala Vs. K. Srinivasan

Court : Supreme Court of India

Reported in : AIR1972SC491; [1972]83ITR346(SC); (1972)4SCC526; [1972]2SCR309

..... on a reference being sought the following question of law was referred to the high court :-whether the words 'income tax' in the finance act of 1964 in sub-section (2)(a) and sub-section (2)(b) of section 2 would include surcharge and additional surchargethe high court answered the question in the negative and m favour of the assessee.3. ..... although under the act section 4 is the charging section income tax can be charged only where the central act which, in the present case, will be the finance act enacts that income shall be charged for any assessment year at the rate or rates specified therein. ..... section 2 of the finance act 1971 is to the effect that the provisions of section 2 and of the first schedule to the finance act 1970 shall apply in relation to income tax for the assessment year or as the case may be the financial year commencing on the first day of april 1971 as they apply in relation to income tax for the assessment year commencing on first day of april 1970 with certain modifications set out in the section. ..... section 3(1) of that act read :subject to the provisions of this section the rates of income tax and rates of super tax...imposed by sub-section (1) of section 7 of the indian finance act 1940 shall, in respect of the year beginning on the first day of april 1940 be increased by a surcharge for the purpose of the central government....similar phraseology was employed in respect of surcharge on super tax. .....

Kanoria Industries Ltd. Vs. Union of India (Uoi)

Court : Karnataka

Reported in : 2005(190)ELT295(Kar)

..... provisions of law or rule and therefore there was no occasion at all for the parliament to have enacted a validating levy and if there was no occasion, the very provisions of section 112 of the finance act, 2000 cannot be sustained inasmuch as it is the submission of learned counsel for the petitioners that there was no cause of action for the parliament to make such a law, ..... has been deprived of modvat credit to which the petitioners are otherwise entitled to in terms of the rules governing allowing of modvat credit, only because of the provisions of section 112 of the finance act, 2000, the petitioners are entitled to question the legality of this provision and further submits that even the supreme court while disposing of the review petition in the case ..... court had earlier dismissed the appeal of the revenue as against this order, nevertheless, the revenue having brought to the notice of the supreme court the provisions of section 112 of the finance act, 2000, which was enacted as a validating legislation and which had now virtually taken away any benefit or concession that had been given to an assessee under the ..... have continued to reap the benefit of modvat credit and the petitioner therefore feeling aggrieved by this endorsement as also the provision of section 112 of the finance act, 2000, has challenged the constitutional validity of this statutory provision and for quashing the consequential endorsement and further direction for restoration of the modvat credit entry.4. .....

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2007)288ITR226(Hyd.)

..... there is no distinct and independent charge whereby surcharge can be said to have been levied on undisclosed income determined for a block period under chapter xivb.12.72 even otherwise, we find that the finance act(s), prior to amendment in section 113 of the act, did not satisfy the four components which enter into the concept of tax and some of these components are not clearly and definitely ascertainable, in order to be treated as an independent and distinct levy/charge which is ..... we agree with the learned additional solicitor general that the language of rule 17 of the 1993 rules cannot be construed so as to mean that all future rules and notifications will be subject to such a non obstante clause.first, we consider whether, as argued by the revenue, chapter xivb is not a self-contained code for assessing ..... having heard the learned counsel, we, are of the opinion that we need not dilate very much on the finding arrived at by the high court in regard to the overriding power of rule 17 of the 1993 rules vis-is the order of 2000. .....

Karvy Consultants Limited Vs. Government of India

Court : Andhra Pradesh

Reported in : 2006[]STR75

..... information technology service' means any service in relation to designing, developing or maintaining of computer software, or computerized data processing or system networking, or any other service primarily in relation to operation of computer systems.section 65(19), as amended by finance act, 2004 with effect from 10-9-2004, reads thus :-business auxiliary service' means any service in relation to :-(i) promotion or marketing or sale of goods produced or provided by or belonging to the client; ..... in this writ petition, the petitioner seeks a declaration that section 65(19) of the finance act, 1994, as amended by the finance act of 2003, has no application to the petitioner's service namely 'registrar and transfer agency ..... the show cause notice was issued after strictly construing section 65(19) of the finance act, 2003, that the functions of the registrar and share transfer agent is a service rendered which is in the nature of incidental or auxiliary support service rendered in ..... transfer agent, is in the nature of incidental or auxiliary support service in the sale of goods (securities) belonging to the client and falls within the purview of section 65(19)(iv) of the finance act, 2003, that the impugned show cause notice merely demanded service tax on service charges collected by the petitioner towards such services rendered from 1-7-2003 to 31-1-2004, that .....

State of West Bengal Vs. Calcutta Club Limited

Court : Supreme Court of India

..... in the result, these petitions are allowed and it is hereby declared that section 65(25a), section 65(105) (zzze) and section 66 of the finance (no.2) act, 1994 as incorporated/ amended by the finance 60 act, 2005 to the extent that the said provisions purport to levy service tax in respect of services purportedly provided by the petitioner club to its members, to be ultra vires. ..... . the explanation to section 65, which was inserted by the finance act of 2006, reads as follows: explanation: for the purposes of this section, taxable service includes any taxable service provided or to be provided by any unincorporated association or body of persons to a member thereof, for cash, deferred payment or any other valuable consideration: 79 ..... been liable immediately before the appointed day to pay tax under section 4 or section 8 of the bengal finance (sales tax) act, 1941 (bengal act vi of 1941), and who 17 (ii) would have continued to be so liable on such appointed day under that act had this act not come into force, or whose gross turnover during a year first exceeds the taxable quantum as applicable to him under the bengal finance (sales tax) act, 1941, on the day immediately preceding the appointed day, (b)every ..... under section 64(3), chapter v of the finance act applied to taxable services as defined, with effect from 16th june, 2005. .....