Court : Gujarat
Reported in : [1992]194ITR659(Guj)
..... refund, was inserted by the finance act, 1968, with effect from april 1, 1968, and sub-section (1) was substituted with effect from april 1, 1976, by the taxation laws (amendment) act, 1975. under the said provision, where the assessee claimed that the tax plaid or deemed to have been paid under chapter xvii-b or chapter xvii-c exceeded the tax ..... him to commence a proceeding even though at the date when he issued notice, it was within the period provided by that amending act. the supreme court, found that the legislature had given to section 18 of the finance act, 1956, a limited retrospective operation, that is, up to april 1, 1956, only and, in the absence of any ..... 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. though, 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 .....
Tag this Judgment!Court : Gujarat
Reported in : 2001(74)ECC51; 2005(179)ELT129(Guj); (2001)4GLR3630; 2006[2]STR300; [2007]7STT29
..... on behalf of its members. petitioner no. 2 in the said petition is a practising chartered accountant. 4. service tax was introduced by the finance act, 1994. chapter v thereof contains the scheme and provisions relating to the tax. section 66 imposed service tax at the rate of 5 per cent. of the ..... appears that representations were made against such levy by persons carrying on different professions/callings. section 116 of the finance act, 1998, substituted section 66 of the finance act, 1994. while a few services covered by the 1997 act were excluded from the purview of the service tax, a few more services were included. services provided by ..... accountants' association and the gujarat institute of civil engineers and architects have challenged the constitutional validity of section 88 of the finance act, 1997, and section 116 of the finance (no. 2) act, 1998, levying service tax on consulting engineers and architects and also on practising chartered accountants. 2. the gujarat institute of .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)223CTR(Guj)502; 2009[14]STR146; [2009]21STT111; (2009)25VST319(Guj)
..... .e.f. 16-8-2002.4. the service tax, which has been imposed by way of finance act, 1994 (the act), levies service tax as provided in section 64(3) of the act to all taxable services provided on or after commencement of chapter 97 (sic)(chapter v) of the act. thus, the taxable event is providing all taxable services which has been defined by section 65(105 ..... . it was submitted that the impugned order dated 3-8-2007 made by cestat overlooks the fact that by virtue of amendment of relevant rule of the service tax rules, 1994 (the rules) the liability to pay service tax has been shifted to the recipient of the service w.e.f. 16-8-2002 by virtue of rule 2(1)(d ..... ) of the act. similarly, the rules, which have been incorporated as chapter 98 (sic) define 'person liable for paying the service tax' under rule 2(d) to mean in clause (iv), in relation to any taxable services provided by a person who .....
Tag this Judgment!Court : Gujarat
Reported in : 1998(98)ELT14(Guj); (1998)1GLR317; 2006[2]STR228; [2007]6STT254
r.a. mehta, a.c.j.1. the petitioner, an advertising agency challenges the vires of the provisions of sections 65(16)(d) and 66(2) of the chapter v of finance act, 1994 as amended. by these provisions, a service tax is imposed on advertising service. the challenge is based upon articles 14, 19(1)(a) and 265 of the constitution of india. .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]214ITR276(Guj)
..... , with effect from april 1, 1972. various amendments have been made in that section since then up to the finance act, 1994, which are not very relevant for the present purpose. section 194c of the act reads as under : 'section 194c. (1) any person responsible for paying any sum to any resident (hereafter in this section ..... on behalf of the tanker owners and operators association while special civil application no. 14043 of 1994 is on behalf of the akhil gujarat truck transport association praying for identical reliefs. 7. chapter xvii of the act, generally containing various provisions providing for collection of tax through the mode of deduction of tax at ..... , etc. however, services rendered for which payment is in the nature of salaries which is chargeable under the head of income 'a. salaries' in chapter iv of the income-tax act, 1961, shall not be covered by section 194c. (ii) the term 'transport contracts' would, in addition to contracts for transportation and loading/unloading .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)119CTR(Guj)448; [1994]208ITR515(Guj)
..... be allowed in respect of any such income or profits and gains under the said chapter vi-a, the amount of such income or profits and gains computed as aforesaid as reduced by the amount of such deduction.) (the aforesaid explanation is inserted by the finance act 16 of 1981, with effect from april 1, 1981) 2. the balance ..... the case may be, shall be calculated with reference to the length of the previous year of the longest duration.' (the words 'ten per cent.' are substituted by finance act no. 66 of 1976) in view of the aforesaid definition of the words 'chargeable profits', the first thing which is required to be taken into consideration is the total ..... making allowance for any relief, rebate or deduction in respect of income-tax to which the company may be entitled under the provisions of the said act or the annual finance act, and . . . . provided that . . . . 3. the net amount of income calculated in accordance with rule 2 shall be increased by the amount of any expenditure incurred on .....
Tag this Judgment!Court : Gujarat
Reported in : 1980CENCUS232D; 1979(4)ELT546(Guj); (1980)0GLR450
..... and the duth is 20 per cent ad valorem. it may be pointed out that item 30-a was inserted in the first schedule of the central excises & salt act by. finance act of 1969 and it was inserted in 1969. though accoding to the item excise duty at 20 per cent ad valorem was leviable, be a notification also issued simultaneously ..... pumping station. in the book called 'centrifugal and axial flow pumps' by a.j. stepanoff, at page 19 are the defintions ans terminology and in the introduction portion in chapter 21, it was been pointed out : 'centrifugal pumps comrise a very wide class of pumps in which pumpinf of liquids or generation of prfessure is effected by a rotary ..... types are called mixed flow pumps. in these, the flow through the impeller has both redial and axial components and the impeller resembles a ship propeller'. in 2.2 of chapter ii of this book, it was been pointed out : 'every pump consists of two principle parts: an impeller, which forces th eliquid into a rotary motion by impelling .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)194CTR(Guj)306; [2005]276ITR411(Guj)
..... to the conclusion that when the search took place at the premises of l.t.shroff group on 1/8/1996 a special chapter xivb of the act had already been brought on the statute book by the finance act,1995 with effect from 1/7/1995, providing for special procedure for assessment in cases of search. according to the assessing ..... officer the benefit of vdis was not admissible to the assessee as the assessee had failed to comply with the mandatory requirement of section 68(1) of the finance act,1997 by which vdis was floated. the assessing officer stated that records of the assessee for different years were perused and the assessee had neither credited the amount ..... officer section 158bd of the said chapter would be applicable to the case of the assessee and hence sum of rs. 67.75 lacs could only be assessed .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)190CTR(Guj)295; [2005]273ITR139(Guj)
..... publicutility not involving the carrying on of anyactivity for profit. the words, 'not involving the carrying on of anyactivity for profit' have been omitted by finance act,1983 w.e.f. 1.4.1984. 7. a perusal of the aforesaid statutory provisionswould show that while section 11 provides for exemptionof the income of ..... by the patna high court inbihar institute of mining and mine surveying vs . cit, : [1994]208itr608(patna) .6. before considering the rival submissions, it isnecessary to refer to the relevant statutory provisionsin this behalf.chapter iii of the income-tax act, 1961 specifies'incomes which do not form part of total income'.section 10 commences with the ..... ... ... ... .... .... ... ... (22) any income of a university or othereducational institution, existing solely foreducational purposes and not for purposes ofprofit. this clause was omitted by finance (no.2) act,1998 w.e.f. 1.4.1999 and the following relevantsub-clauses were added as parts of clause (23c) by thesame amendment .....
Tag this Judgment!Court : Gujarat
Reported in : (1992)106CTR(Guj)374; [1993]201ITR208(Guj)
..... at this stage to refer to the aforesaid two statutory provisions. section 40(c)(iii) being relevant for the assessment year 1968-69 which was originally introduced by the finance act, 1963, is as under : '40. amounts not deductible. - notwithstanding anything to the contrary in sections 30 to 39, the following amounts shall not be ..... gains of business'. justice p. b. sawant (as he then was) examined the aforesaid two provisions in great detail and held that, by the amendment of the finance act, 1964, the word 'remuneration' was dropped from the relevant phase giving an indication that the legislature did not intend to include cash emoluments in any of the words ..... be said to be income under the head 'income from house property' or it can be said to be income from 'profits and gains of business or profession'. chapter iv income-tax act, 1961, deal with computation of total income. section 14 prescribed heads of income being : (a) salaries, (b) interest on securities, (c) income from house .....
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