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Swamy Distributors Vs. Asstt. Cit

Court : Karnataka

Reported in : [2004]139TAXMAN310(Kar)

..... striking down the provisions of sections 143(1)(a) and 143(1a) of the act and also amendment introduced by finance act, 1993, and for other reliefs.3. ..... (iii) the 1st respondent is directed to issue notice as provided under section 143(2) of the act and thereafter proceed to pass appropriate orders in accordance with law.6. ..... (ii) since the original, intimation annexure-b has been quashed, the authorities are directed not to enforce either the order passed by the authorities under section 154 of the act or the order made in appeal filed against the said order. ..... in this petition, the petitioner has prayed for quashing the intimation dated 30-9-1992, issued by the first respondent under section 143(1)(a) of the income tax act, 1961 (hereinafter referred to as 'the act'), a copy of which has been produced as annexure-b. ..... sri sarangan, learned senior counsel appearing along with sri ramabhadran for the petitioner, submitted that the provisions of sections 143(1)(a) and 143(1 a) of the act are liable to be declared as unconstitutional in view of the fact that as the provisions of sections 143(1)(a) and 143(1a) do not provide for an opportunity being given to an assessee before issuing an intimation under section 143(1)(a) and an order under section 143(1a). .....

Udaipur Distillery Co. Ltd. Vs. Dy. Cit

Court : Rajasthan

Reported in : (2004)90TTJ(NULL)457

..... in our considered opinion when the provisions of section 143(1a) stands amended by the finance act, 1993 with retrospective effect from 1-4-1989 and the assessment year under consideration being 1990-91, the amended provision of law will apply in the matter in hand as has rightly been ..... the case and taking a circumspect view of the entire fact-situation and respectfully following the ratio of the aforesaid judicial pronouncements, we are of the view that the sending of intimation under section 143(1)(a)(i), as the provision stood at the relevant time (assessment year 1990-91), being imperative, due ,to the word 'shall' having been used in this context, and the intimation having not been ..... tds is to be allowed here, was made and that note too was not communicated to the assessee, it was also held that in any case if it was an order, it would be appealable under section 249, and since the period of limitation starts from the date of intimation of such order it was imperative that such an order be communicated to the assessee within a reasonable period. ..... as per the amended provision of section 143(la), additional tax is leviable even when after the prima facie adjustment, the ..... issuance of notice under section 143(2), it is not open for assessing officer to make adjustment or to pass order under section 143(1), but he has to make adjustment (assessment) under section 143(3) of the act. ..... to issue intimation under section 143(1) before issuance of notice under section 143(2) of the act. .....

Swamy Distributors Vs. Assistant Commissioner of Income Tax and ors.

Court : Karnataka

Reported in : (2003)180CTR(Kar)290

..... the petitioner has also prayed for striking down the provisions of sections 143(1)(a) and 143(1a) of the act and also amendment introduced by finance act, 1993, and for other reliefs.3. ..... iii) the 1st respondent is directed to issue notice as provided under section 143(2) of the act and thereafter proceed to pass appropriate orders in accordance with law.6. ..... since the original, intimation annexure-b has been quashed, the authorities are directed not to enforce either the order passed by the authorities under section 154 of the act or the order made in appeal filed against the said order. ..... , 1992, issued by the first respondent under section 143(1)(a) of the it act, 1961, (hereinafter referred to as 'the act'), a copy of which has been produced as annexure-b ..... sarangan, learned senior counsel appearing along with sri ramabhadran for the petitioner, submitted that the provisions of sections 143(1)(a) and 143(1a) of the act are liable to be declared as unconstitutional in view of the fact that as the provisions of sections 143(1)(a) and 143(1a) do not provide for an opportunity being given to an assessee before issuing an intimation under section 143(1)(a) and an order under section 143(1a). ..... also submitted that having regard to the object for which sections 143(1)(a) and 143(1a) of the act came to be incorporated in the act, it is unnecessary for the authorities to give any opportunity to the assessee before passing orders/issuing intimations under the provisions of the said sections.5. .....

Union of India (Uoi) and ors. Vs. Madhusudan Das and ors.

Court : Kolkata

Reported in : [2002]254ITR581(Cal)

..... attention is invited to the provisions of section 269ue(1) of the income-tax act, as amended by the finance act, 1993, in terms of which the property in question has vested in the central government on the date when the order was passed under section 269ud(1) of the income-tax act, namely, march 31, 1995. ..... payable under section 269uf, the appropriate authority may, in lieu of the payment of the amount of consideration, set off the amount of ..... which the immovable property concerned becomes vested in the central government under sub-section (1), or, as the case may be, sub-section (6) of section 269ue : provided that if any liability for any tax or any other sum remaining payable under this act, the wealth-tax act, 1957 (27 of 1957), the gift-tax act, 1958 (18 of 1958), the estate duty act, 1953 (34 of 1953), or the companies (profits) surtax act, 1964 (7 of 1964), by any person entitled to the consideration ..... union of india : [1996]222itr168(patna) held that in the case of pre-emptive purchase of immovable property section 269uf of the income-tax act, 1961, laid down that the central government should pay, by way of consideration for such purchase, an amount equal to the .....

Sahara India Savings and Investment Corporation. Ltd. Vs. Asstt. Cit

Court : Allahabad

Reported in : [2001]79ITD56(NULL)

..... even otherwise, the madras high court judgment, though rendered prior to the amendment by the finance act of 1991, has clearly held that debentures which were acquired by the bank as investment in accordance with the requirements of banking regulation act could not be considered to be loans and advances within the meaning of section 2(7) of the interest tax act.10.3 the learned counsel further submitted that in coming to this conclusion, they ..... 1993 to include a residuary non-banking company even the explanatory memorandum as stated above to bring out that the residuary non banking company had not been covered earlier but was being brought under the purview of the interest tax act by the amendment as per the finance act ..... the scope of section 2(5b) of the interest tax act for the assessment year 1992-93 as the said extended definition of finance company' came only in assessment year 1993-94. ..... intention is to impose tax on the gross amount of interest earned by all banks, financial institutions and non banking financial companies in respect of loans and advances made in india, the finance act has included, in the definition of financial company, all residuary non banking companies.55.5 this amendment will take effect from 1-4-1993 and will accordingly, apply in relation, to assessment year ..... consequently, prior to insertion of clause 2(5b)(via) with effect from 1-4-1993, according to which residuary non banking companies were also brought within the definition of financial company, .....

Sunrise Biscuits Co. Ltd. and anr. Vs. State of Assam and ors.

Court : Guwahati

..... according to the contents of this notification, the notification has been issued in exercise of powers contained in sub-section (4) of section 9 of the agst act, 1993, amending the scheme of 1995 making certain industries ineligible to receive the benefits of sales tax exemption under the scheme of 1995. ..... petition, is this : when 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 an 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 1999, refuse to grant exemption from payment of sales tax to an industrial unit, which is, otherwise, eligible to receive benefits of the ..... . : air1999sc303 , the state government issued notification, on april 4, 1994 in exercise of the powers under section 7 of the bihar finance act, 1987 whereunder the old industrial units, which had started production prior to april 1, 1993, but whose investments in the plants and machinery had not exceeded rs ..... . coming to the second question, namely, the issuance of notification by the state government in exercise of power under section 7 of the bihar finance act, it is true that issuance of such notifications entitles the industrial units to avail of the incentives and benefits declared by the state government in its own industrial incentive policy .....

V.S. Jyothish Kumar and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : [1994]95STC527(Ker)

..... appellants challenge the amendment to sub-sections (14) and (17) of section 7 of the kerala general sales tax act, 1963 (for short 'the act') by the kerala finance act 13 of 1993, as also to section 5(1)(v) read with item (1) of the fifth schedule to the said act as arbitrary, oppressive, confiscatory ..... fully aware of the amendment introduced in the finance bill, 1993 on march 27, 1993, which came into force on april 1, 1993. ..... another contention of the appellants is that the assurance given by the honourable finance minister on the floor of the legislative assembly on march 12, 1993 that the compounding pattern would be refixed at 20 per cent has not been honoured and this has caused them ..... cannot be any grievance on the part of the appellants regarding the amendment to section 7(14).9. ..... the disposal in auction rules was amended to carry out the policy on march 4, 1993 and also on march 31, 1993. ..... under the act at two points, under clause (v) of section 5(1) read with item 1 of the fifth schedule, the two points being the point of first sale by a dealer who is liable to tax under section 5 to a registered dealer and the second point being the point of last sale in the state by a dealer who is liable to tax under section 5. ..... licence for retail sales in arrack may, notwithstanding the general provisions, at his option, instead of paying tax in accordance with clause (v) of section 5(1) pay tax at 20 per cent of the rental amount payable by him under the abkari act 1 of 1077 m.e. .....

Larsen and Toubro Ltd. and ors. Vs. State of Bihar and ors.

Court : Patna

..... on the interpretation of section 25-a of the bihar finance act, as it originally stood, and the related provisions, before the section was amended in 1990 ..... . in 1993 section 25-a was amended yet again by the bihar taxation laws (amendment and validation) act, 1993 giving it retrospective effect as if deemed ..... . two things broadly emerge from the decision in gannon dunkerley case [1993] 88 stc 204 (sc)--first, the provisions of sections 3, 4 and 5 as well as sections 14 and 15 of the central sales tax act are applicable to transfer of property in goods involved in the execution of works contract falling within the ambit of article 466(29a)(b) of the constitution, and in exercise of its legislative power to impose tax on sale or ..... . 214, dated the 19th june, 1993.in exercise of the powers conferred by sub-section (1) of section 25-a of part 1 of the bihar finance act, 1981 (act 5 of 1981), the governor of bihar is pleased to specify the rates in column (3) of the schedule below at which the amount of sales tax shall be deducted in respect of the works contracts mentioned in column (2) from ..... [1993] 88 stc 204 to which i shall presently refer but before that i may deal with the other submissions of the learned advocate-general based on section 194c of the income-tax ..... . in gannon dunkerley's case [1993] 88 stc 204, the supreme court has observed that while it is permissible for the state to prescribe formula on the basis of fixed percentage of the value of the contract as expenses .....

Sahara India Savings and Investment Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

..... even otherwise, the madras high court judgment, though rendered prior to the amendment by the finance act of 1991, has clearly held that debentures which were acquired by the bank as investment in accordance with the requirements of banking regulation act could not be considered to be loans and advances within the meaning of section 2(7) of the interest tax act.10.3 the ld- counsel further submitted that in coming to this conclusion, they have decided the matter on merits and not based their conclusions ..... that being so, it claims that it is beyond the scope of section 2(5b) of the interest tax act for the assessment year 1992-93 as the said extended definition of "finance company* came only in assessment year 1993-94. ..... 55.5 this amendment will take effect from 1st april, 1993 and will accordingly, apply in relation, to assessment year 1993-94 and subsequentyears. ..... 1-4-1993 to include a residuary non-banking company even the explanatory memorandum as stated above to bring out that the residuary non banking company had not been covered earlier but was being brought under the purview of the interest tax act by the amendment as per the finance act, 1992. ..... consequently, prior to insertion of clause 2(5b)(via) with effect from 1-4-1993, according to which residuary non banking companies were also brought within the definition of 'financial company', the assessee company was not liable to interest tax. .....

Central Coalfields Ltd. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : (2007)6VST614(Jharkh)

..... regard to the jharkhand taxes on entry of goods into local areas for consumption, use or sale thereof (amendment) ordinance, 2001 it was contended on behalf of the petitioners that section 2(c) of the bihar entry tax act, 1993, as adopted by the state of jharkhand and amended vide jharkhand tax on entry of goods into local areas for consumption, use or sale thereof (amendment) ordinance, 2001, altered the basic scheme and structure of imposition of entry tax by giving the complete immunity ..... provided that in case of suchgoods which are liable to tax under section 12(1) of the bihar finance act,1981 entry of goods shall mean entry of goods into local areas from any placeoutside the state for ..... importer of scheduled goods liable to pay tax under the act, becomes liable to pay tax under the bihar finance act, 1981 [bihar act 5, 1981] by virtue of sale of such scheduled goods, his liability to pay tax under the bihar finance act, 1981 shall stand reduced to the extent of tax paid under the act. ..... be paid by every dealer liable to pay tax under bihar finance act, 1981 or any other person who brings or causes to be brought into the local areas such scheduled goods whether on his own account or on account of his principal or takes delivery or is entitled to take delivery ..... [provided that in case of such goods which are liable to tax under section 12(1) of the bihar finance act, 1981, entry of goods shall mean entry of goods into local area front any place outside the state for consumption .....