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All India Tent Dealers Welfare Organization Vs. Union of India and ors ...

Court : Delhi

..... dealing with the validity of imposition of service tax under section 65(105)(zzzz) and section 66 of the finance act, 1995 and as amended by the finance act, 2010, has held thus - "74. ..... the aforesaid analysis, we proceed to enumerate our conclusions in seriatim as follows: (a) the provisions, namely, section 65(105)(zzzz) and section 66 of the finance act, 1994 and as amended by the finance act, 2010, are intra vires the constitution of india. ..... of this court under article 226 of the constitution of india, the petitioner has prayed for the following reliefs: - "(a) issue a writ, order or direction in the nature of certiorari that section 135(a)(10) of the finance act, 2007 be quashed as unconstitutional. ..... noting that the legislature, by the finance act, 2007, has inserted an explanation to section 65(77a). 7. ..... the above, as we have overruled the first home solution case, we are disposed to think that the provisions would operate from 2007 and the amendment brought by the parliament is by way of ex abundanti cautela. 75. ..... the challenge to the amendment giving it retrospective effect is unsustainable and, accordingly, the same stands repelled and the retrospective amendment is declared as constitutionally ..... in this context, we may refer with profit to section 65(77a) and (77b), which read as follows: - "(77a) "pandal or shamiana" means a place specially prepared or arranged for organising an official, social or business function; explanation: for the purposes of this clause, "social .....

Home Solutions Retails (India) Ltd. Vs. Union of India and ors.

Court : Delhi

..... 1 in this batch of writ petitions preferred under article 226 of the constitution of india, the constitutional validity of section 65(105)(zzzz) of the finance act, 1995 (for short the 1995 act) and section 66 as amended by the finance act, 2010 (for brevity the 2010 act) is called in question. ..... for the purpose of better appreciation, the provision that existed prior to the finance act, 2010 and post amendment by the finance act, 2010 are produced below in a tabular form: prior to finance act, 2010 post amendment by finance act, 2010 "section 65 (90a) "renting of "section 65(90a) "renting of immovable property" includes immovable property" includes renting, letting, leasing, licensing renting, letting, leasing, licensing or other similar arrangements of or other similar arrangements of immovable property for use in the immovable property for ..... in view of the aforesaid analysis, we proceed to enumerate our conclusions in seriatim as follows: (a) the provisions, namely, section 65(105)(zzzz) and section 66 of the finance act, 1994 and as amended by the finance act, 2010, are intra vires the constitution of india. ..... in association of leasing and financial service companies (supra), while dealing with the validity of sections 65(12) and 65(105)(zm) of the finance act, 1994 as amended which pertain to the levy of service tax on leasing and hire-purchase, the apex court, after referring to the decisions in d.h. .....

The Chamber of Tax Consultants & Anr vs.union of India & Ors

Court : Delhi

..... ) the substituted and amended section 145 of the act [by the finance acts (fa) of 1995 and 2014]..2. ..... section 145 of the act was substituted by the finance act, 1995 (fa) with effect from 1st april ..... july 2014, an amendment was made to section 145 of the act by the finance (no.2) act, 2014. ..... further submits that this provision is in line with the recent amendments brought about by finance act, 2015 wherein a proviso was added to the following effect: section 36(1)- the deductions provided for in the following clauses shall be allowed in respect of matters dealt with therein, in computing the income referred to in section 28 (i)..............(vi)......... ..... of the constitutional invalidity of: (i) the notification no.87/2016 dated 29th september 2016 issued by the central board of direct taxes (cbdt), department of revenue, ministry of wp (c) 5595/2017 page 1 of 53 finance, government of india whereby in exercise of the powers conferred by section 145 (2) of the income tax act, 1961 ( act ), the central government notified ten 'income computation and disclosure standards' ( icds ), as specified in the annexure to the said notification to be followed by all assessees following the mercantile system ..... supra) while examining the scheme of the companies act, 1956 in relation to as-22, and the rule making power of the central government under section 642, held as follows: the law to the companies act has been enacted to consolidate and amend relating companies and certain other associations. .....

The Commissioner of Income Tax-v Vs. Natraj Stationery Products (P) Lt ...

Court : Delhi

Reported in : (2009)222CTR(Del)430; [2009]312ITR22(Delhi); [2009]177TAXMAN168(Delhi)

..... purpose of the disposal of the present appeal, it would be sufficient, if a note is made of the fact that the section was amended by the finance act, 1992 with effect from 01.04.1993, thereafter by the finance act, 1993 with effect from 01.04.1994, then the finance act, 1994 with retrospective effect from 01.04.1994 and with effect from 01.04.1995, then by finance act, 1995 with effect from 01.04.1996, then by finance act (no. ..... with effect from 01.04.1997, by finance act, 1997 with retrospective effect from 01.04.1996 and with effect from 01.04.1998, and then the income tax (amendment) act, 1998 with retrospective effect from 01.04.1995 and with effect from 01.04.1998 and the finance act (no. ..... time during the period beginning on the 1st day of april, 1991 and ending on the 31st day of march, 1995, or such further period as the central government may, by notification in the official gazette, specify with reference to any particular industrial undertaking.the followi1ng clause (iv)(a) was substituted for the existing clause (iv) by the finance act, 1993 with effect from 01.04.1994:(iv)(a) in the case of an industrial undertaking not specified in sub clause (b), it begins to manufacture ..... officer, however, disallowed the deductions as claimed by the respondent/assessee for the assessment year 2001-02.8.2 in these circumstances, it would be relevant to note the provision for deduction as it stood from 01.04.1991 till its amendment by the finance act, 1993 with effect from 01.04.1994. .....

Mange Ram Mittal Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

..... learned counsel for the assessee pointed out that the parliament has enacted a separate chapter xiv-b laying down special procedure for assessment of search cases by the finance act, 1995 with effect from 1-7-1995, the fact that separate chapter was inserted instead of any amendment of existing provisions showed that this chapter had been inserted as a self-contained code.therefore, while interpreting any part or portion of the chapter, the view should be taken ..... as a matter of fact the debate as to whether the computation of undisclosed income in an order under section 158bc should be restricted to the undisclosed income discovered as a result of search only stands already concluded by the amendment to section 158bb by the finance act, 2002 with retrospective effect from 1-7-1995. ..... the learned counsel compared the language of provisions of section 158bb as enacted originally and as amended by the finance act, 2002 with retrospective effect from 1-7-1995. ..... even after the amendment by the finance act, 2002 with retrospective effect from 1-7-1995 the doors have been kept ajar to let in other materials or information gathered by the assessing officers during the course of post search enquiry, but such other materials or information as now clearly mandated by the legislature .....

Mange Ram Mittal Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)103ITD389(Delhi)

..... the finance act of 1995 inserted a new chapter xiv-b in the it act.it provided a new concept for assessment in relation to searches conducted under section 132 of the act or requisition made under section 132a after 30th june, 1995. ..... as a matter of fact the debate as to whether the computation of undisclosed income in an order under section 158bc should be restricted to the undisclosed income discovered as a result of search only stands already concluded by the amendment to section 158bb by the finance act, 2002 with retrospective effect from 1st july, 1995. ..... the learned counsel compared the language of provisions of section 158bb as enacted originally and as amended by the finance act, 2002 with retrospective effect from 1st july, 1995. ..... (1998) 147 ctr (st) 178 : (1998) 231 itr (st) 228, 256.after insertion of explanation to section 158ba(2) by the finance (no.2) act, 1998 with retrospective effect from 1st july, 1995, there is no dispute now that the block assessment under section 158bc is in addition to the regular assessment and not in substitution of the regular assessment. ..... even after the amendment by the finance act, 2002 with retrospective effect from 1st july, 1995 the doors have been kept ajar to let in other materials or information gathered by the aos during the course of post search enquiry, but such other materials or information as now clearly mandated by the legislature must be .....

Sikkim Janseva Pratisthan (P) Ltd. Vs. Dy Cit

Court : Delhi

Reported in : (2004)90TTJ(Del)1108

..... on appeal, the tribunal on perusal of the circular of the board and amended provision of section 115a, has opined that the amendment of section 115a by finance act, 1994 with effect from 1-4-1995 is not declaratory but clarificatory in nature and to give any other meaning to the provision at the relevant point of time, would make the provision unworkable which would never have been the intention of the legislation. ..... he pointed out that by the clause 32 of the finance act, 1994, the following amendments were made in section 115a of the act with effect from 1-4-1995 :(a) the rate of tax on dividend received by foreign company was reduced from 25% to 20%. ..... the learned counsel for the assessed has pointed that the tribunal vide its order dated 25-4-2003 has held that the amendment of section 115a by finance act, 1994 with effect from 1-4-1995 has held it as clarificatory in nature and as such the said amendment would apply to the earlier assessment years. ..... it is seen that the tribunal while holding that the amendment to section in 15a by finance act, 1994 is a clarificatory in nature, has not passed any order or direction regarding the rate of charging of tax. ..... hence he held that the amendment to section 115a by which other sections 3 and 4 were inserted by the finance act, 1994 was merely clarificatory in nature. .....

Subhash Chand Chopra Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)92TTJ(Delhi)1087

..... "undisclosed income" is relevant in this case, which is reproduced below as amended by the finance act, 2002, w.e.f. ..... on consideration of the above facts, we are of the view that the learned departmental representative was justified in contending that the gp rate can be estimated even in the block assessment after amendment under section 158bc(b) of the it act by which the provisions of section 144/145 of the it act are applicable retrospectively. ..... 1st july, 1995 : "section 158b(b) 'undisclosed income' includes any money, bullion, jewellery or other valuable article or thing or any income based on any entry in the books of account or other documents or transactions, where such money, bullion, jewellery, valuable article, thing, entry in the books of account or other document or transaction represents wholly or partly income or property which has not been or would not have been disclosed for the purpose of this act, or any expense, deduction ..... , 1995, passed under section 143(3) r/w section 158bc of the it act.2. ..... , 1995 - whether within pale of chapter xiv-b assessment could be made only in respect of undisclosed income and such undisclosed income must come as a result of search - held, yes - whether section 158ba does not provide a license to revenue for making roving enquiries connected with completed assessment and is beyond power of ao to review assessments completed unless some direct evidence comes to knowledge of department as a result of search which .....

The Commissioner of Income Tax Vs. Radhey Shyam Bansal and ors.

Court : Delhi

..... after amendment of section 158b(b) by finance act 2002 with retrospective effect from 1st july, 1995, it can also include an expense, deduction or allowance which is found to be false. 21. ..... the aforesaid contentions of the assessee-respondent before the tribunal was resisted by the revenue contending, inter alia, the recording of satisfaction was in accord with the stipulations enshrined in section 158bd of the act; that the initiation of the proceeding was done within a reasonable period of time; that the principles of natural justice had been religiously followed; and that the order of assessment did not suffer from any ..... within a reasonable period of time inasmuch as a period of nearly 19 months had elapsed from the date of completion of block assessment of manoj aggarwal before the notice under section 158bd issued; that no satisfaction was recorded by the assessing officer assessing manoj aggarwal as required under section 158bd of the act; that the letter dated 15.7.2003 written by the said assessing officer to the assessing officer having jurisdiction over the respondent -assessee was written much ..... , considering the contentions of the learned counsel for the parties and upon scrutiny of the documents brought on record, posed the question whether recording of satisfaction by the assessing officer assessing the person searched under section 132 of the act that any undisclosed income belongs to any person other than the searched person is mandatory or not. .....

Sahara Airlines Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2002)83ITD11(Delhi)

..... view of section 10(15a) of the act.the stand of the assessee before the ao was that even the payments under the head "reserves" were not chargeable to tax in view of section 10(15a) of the act inasmuch as such payments did not fall within the ambit of the words "other than a payments for providing spares, facilities or services in connection with the operation of leased aircraft" in definition clause (15a) of section 10 as substituted by finance act, 1995, w.e.f. ..... finance act, 1995 according to which the payments made for providing spares, facilities or services in connection with the operation of leased aircraft were excluded from the ambit of the main provision of section 10(15a) of the act ..... running or operating of the aircraft and not for acquisition of the aircraft and consequently such payments made after 1st april, 1996, fell within exclusionary provisions of section 10(15a) of the act effective from 1st april, 1996, and consequently, such payments were chargeable to tax in the hands of recipient and, therefore, the assessee was liable to deduct tax at source under ..... intended to be excluded by the legislature by amendment made by finance act, 1995, w.e.f ..... of section 10(15a) of the act as originally inserted in the statute by the it (amendment) act, 1989 ..... . the proposed amendment will take effect from 1st april, 1996, ..... in para 15 of his order to the following effect; "however, the effect of taxation of payments made by the assessee to ilfc changed materially after the said amendment .....