Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (2001)(75)ECC192
..... of saltpetre; that section 3 of the central excise act provides for levy and collection of duties on excisable goods at the rates set forth in the schedule to the central excise tariff act and as the impugned goods is not covered by the said schedule, excise duty cannot be levied and collected; that by finance act, 1996, salt has been removed from the act as it is now called only "central excise act" instead of "central excises & salt act;" that saltpetre ..... belief that saltpetre was not specified in the schedule to the central excise tariff act; that further their belief that activity of purifying and refining the excavated saltpetre does not constitute manufacture was vindicated by the decision in nuchem plastics case, supra; that accordingly extended time limit under section 11a(1) of the central excise act is not invokable; that as duty demand itself does not survive, the question ..... is specifically referred to separate from goods specified in the schedule to the central excise tariff act which clearly points to saltpetre not being covered in the tariff since, had it been so, there was no necessity to mention it separately that amendment of section 6 in 1992 by which the words "or of saltpetre or of any specified component parts or ingredients of such goods, or of specified containers of such goods" were deleted does not make any different that if saltpetre was a specified ..... /92 [1995 (77) ..... appeal filed by the revenue was dismissed by the supreme court on 20-11-1995 in c.a. no. .....
Tag this Judgment!Court : Delhi
..... the division bench noticed the amendments made in chapter xiv-b and addition by way of insertion of an explanation to section 158ba in view of the conflicting decisions or opinions expressed by various ..... justice r.v.easwar order % 02.02.2012 in the present appeal under section 260a of the income tax act, 1961 (act, for short), which relates to block assessment period 1st april, 1988 to 27th october, 1998, we are required to answer the following substantial question of law:- "whether the income tax appellate tribunal was right in ..... as income assessable under chapter xiv-b is an "undisclosed income" while the income assessable under section 143(3) is not an "undisclosed income" that has been clarified in the explanation that the undisclosed income relating to that block period shall not include the income assessed in the regular ..... 243 itr 643, that there can be a regular assessment in addition to the assessment made under chapter xiv-b and both the proceedings that is assessment of income under section 143(3) and assessment in the block period under chapter xiv-b can go on simultaneously. ..... page 1 of 7 seizure operation under section 132 of the act was conducted on 27th october, 1998. ..... thereafter, statutory notice under section 158bc of the act was issued to which the respondent assessee had filed the return dated 24th december, 1999 declaring nil undisclosed ..... 2) act, 1998 with retrospective effect from 1st july, 1995 and reads as under:- ..... said explanation was inserted by finance (no. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (2003)(89)ECC472
..... notification in terms of which exemption on the imported goods or indigenously procured goods is availed, it is a continuing obligation for the violation of which, if the goods are ordered for confiscation and an option is given to pay fine in terms of subsection (1) of section 125 of the customs act, then in terms of sub-section (2) of that section, where an order is passed for payment of customs duty along with the order of imposition of fine in lieu of confiscation of goods, it shall only be referable to sub ..... appellants are contending that they are willing to pay the duty at the depreciated value as provided under these instructions of the board.however, it is contended that no penalty is liable to be imposed since neither under the customs act nor under the central excise act any particular provision of the law is cited which is stated to have been violated and also no confiscation of the goods can be resorted to.6. ..... he also ordered for the confiscation of the duty free imported goods under section 111(o) of the customs act, 1962 but gave an option to the party to redeem the same on payment of a fine of rs. ..... 126/95, dated 12-12-1995 as amended by circular no. ..... negi, sdr for the revenue countering this argument contends that the government of india, ministry of finance (department of revenue) vide their circular no. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi
..... , while the show cause notice was issued only on 31.3.2007 by invoking the extended period, that the extended period under proviso to section 73(1) of the finance act is not invokable inasmuch as in view of the conflicting judgments on the issue involved in this case , it cannot be alleged that the appellant had deliberately contravened the provisions of finance act, 1994 and the rules made thereunder with an intent to evade service tax and in this regard he relies upon the judgments ..... the appellant did not show the value of the reimbursement in thest-3 returns, they have suppressed the relevant facts from the department and hence, longer limitation period has been correctly invoked under section 73(1) for demand of service tax and penalty under section 78 of the finance act, 1994 has been correctly imposed. ..... (supra), neither longer period for demand of short paid service tax can be invoked nor penalty under section 78 of the finance act would be imposable. ..... besides this, he also demanded interest on the service tax demand and also imposed penalty of equal amount on the appellant under section 78 of the finance act, 1994. ..... he, therefore, pleaded that bulk of duty demand is time barred and for the same reason, penalty under section 78 would not be imposable. ..... however, imposition of penalty on the appellant under section 78 is set aside. .....
Tag this Judgment!Court : Delhi
..... 5498 of 2015 is by the international spirits and wines association of india ( iswai ) and all india brewers association ( aiba ), praying for a declaration that section 107 (f) and section 109(2)of the finance act, 2015 are ultra vires the constitution of india in so far as section 66b read with the amended section 66d and section 65b(40) of the fa act 1994 provides for service tax on the activity of manufacture of alcoholic liquor for another person. ..... these are three petitions filed under article 226 of the constitution of india challenging the constitutional validity of section 66b of the finance act, 1994 ( fa 1994 ) read with 65b(40) and section 66d of the fa 1994as amended by clause (f) of section 107 and clause (2) of section 109 of finance act, 2015 ( fa 2015 ) respectively, along with notification no. ..... also challenged is the constitutional validity of section 113(a) (1) of the finance act, 2009 ( fa, 2009 ) bywhich section 65(19) of the fa 1994 stood amended. 2. ..... notification dated 19th may 2015 issued by the central government stated that the appointed date on which section 107(f) and section 109 (2) of the finance act, 2015 would come into force was 1st june 2015. ..... the question that arose was whether section 5 of the bihar finance act, 1981 ( bf act ) which provided for the levy of a surcharge on every dealer whose gross turnover during a year exceeds rs. ..... the above amendments introduced by the finance act, 2015 led to filing of the two connected writ petitions. w.p. .....
Tag this Judgment!Court : Delhi
Reported in : [1979]117ITR574(Delhi)
..... this court accepted the assessed's claim and held that the income-tax liability under section 68 of the finance act on the amount in question was a debt owed on the relevant valuation dates for all the assessment ..... also there had been a disclosure under section 68 of the finance act, 1965, and it was held by this court that the income-tax liability paid as a result of the disclosure under section 68 of the finance act, 1965, was a debt under section 2(m) of the w.t. ..... it was further the caseof the department that section 68 of the finance act, 1965, superseded the provisions of the income-tax act and hence the assessed could not claim anydeduction on account of income-tax liability as that liability had beenreplaced by a different kind ..... liability did not exist on the valuation date for each ofthe three assessment years and only arose after the assessed had exercisedhis option to make a voluntary disclosure under the finance act of 1965.it was contended that the liability to pay tax under section 68 of the financeact was independent of the original tax liability. ..... appellate tribunal, delhi, has referred the following question for decision of this court under section 27(1) of the wealth-tax act, 1957 :'whether, on the facts and in the circumstances of the case, the tribunal was right in holding that in the determination of the assessed's net wealth the assessed was entitled to deduction of income-tax payable by him on the income disclosed under section 68 of the finance act, 1965?'2. .....
Tag this Judgment!Court : Delhi
Reported in : [2009]315ITR225(Delhi); [2009]178TAXMAN201(Delhi)
..... precisely, the proviso has been inserted in section 113 by which it is indicated that the finance act of the year in which the search was ..... orders as also the order passed by the tribunal and subsequently by this court on 14.3.2007 is that at the time when the commissioner issued the notice under section 263 and passed the order dated 23.3.2004, the contemporaneous understanding was that two views were possible and the question of surcharge on undisclosed income was a debatable one ..... inserted with effect from 1.6.2002 by virtue of the finance act, 1999 and there is nothing to indicate that it ..... the other point that has been decided by the tribunal is that the commissioner, income tax did not have any power under section 263 for taking action against the order of the assessing officer once the commissioner income tax (appeals) had set aside the ..... by its order 14.3.2007 held that '[w]e are of the opinion that the amendment to section 113 of the income tax act, 1961 is not retrospective in nature'. ..... the contents of the said notice clearly indicate that the commissioner income tax was aware of the fact that the section 154 order of the assessing officer had been set aside by the commissioner income tax (appeals) by his order dated 11.12.2003 on the ground that the issue ..... the supreme court has settled that issue and has held that surcharge is leviable on undisclosed income and that the amendment to section 113 of the said act by introduction of the proviso was only clarificatory in nature. .....
Tag this Judgment!Court : Delhi
..... said provisions post amendment vide finance act, 2002 with retrospective effect from 1 st july, 1995, read as under: section 158b. ..... which was inserted by the finance (no.2) act, 1998 with retrospective effect from 1st july, 1995 is a cause of some debate, as do the subsequent amendments by finance act, 2002 again with retrospective effect from 1st july, 1995. ..... by retrospective amendment inserted by finance act, 2002 with effect from 1st july, 1995, any expense, deduction or disallowance claimed under the act, which was found to be false was also treated as undisclosed ..... the date of search was after the application of the retrospective amendments with effect from 1st july, 1995 made by the finance act, 2002. ..... of section 158bb(1) of the act as enacted was substituted by finance act, 2002 with retrospective effect from 1 st july, 1995. ..... the amendments incorporated by the finance act, 2002 reflect the position that there was a greater clarity and understanding, regarding block assessment proceedings when the finance act, 2002 ..... outset, we notice that this judgment does not take into consideration the retrospective amendment made by finance act 2002 w.r.e.f. ..... coming back to the explanation inserted by the finance act (no.2) act, 1998 with retrospective effect from 1st july, 1995, it declares for removal of doubt that assessment under chapter xiv-b shall be in addition to regular assessment for each of the previous year in the block period; total undisclosed income in the block period would .....
Tag this Judgment!Court : Delhi
..... the constitutional validity of the third proviso to section 254(2a) and, particularly, to the amendment introduced therein by virtue of the finance act, 2008, with effect from 01.08.2008, which added the words even if the delay in disposing of the appeal is not attributable to the assessee is in question before us. ..... there was no challenge to the constitutional validity of the third proviso to section 254(2a) of the said act after the amendment introduced by the finance act, 2008. ..... the amendment brought about by the finance act, 2008 sought to nullify this reading of the third proviso to section 254(2a) of the said act by introducing the words even if the delay in disposing of the appeal is not attributable to the assessee . ..... in view of the aforesaid discussion, we have reached the following conclusion:(i) in view of the third proviso to section 254(2a) of the act substituted by finance act, 2008 with effect from 1st october, 2008, tribunal cannot extend stay beyond the period of 365 days from the date of first order of stay. ..... this, in itself, was violative of article 14 of the constitution of india and, therefore, the amendment introduced by virtue of the finance act, 2008 was liable to be struck down, as being invalid.3. ..... the notes on clauses pertaining to the finance bill, 2008, to the extent relevant, read as under: clause 46 seeks to amend section 254 of the income-tax act, relating to orders of the appellate tribunal. .....
Tag this Judgment!Court : Delhi
..... the constitutional validity of the third proviso to section 254(2a) and, particularly, to the amendment introduced therein by virtue of the finance act, 2008, with effect from 01.08.2008, which added the words even if the delay in disposing of the appeal is not attributable to the assessee is in question before us. ..... there was no challenge to the constitutional validity of the third proviso to section 254(2a) of the said act after the amendment introduced by the finance act, 2008. ..... the amendment brought about by the finance act, 2008 sought to nullify this reading of the third proviso to section 254(2a) of the said act by introducing the words even if the delay in disposing of the appeal is not attributable to the assessee . ..... in view of the aforesaid discussion, we have reached the following conclusion:(i) in view of the third proviso to section 254(2a) of the act substituted by finance act, 2008 with effect from 1st october, 2008, tribunal cannot extend stay beyond the period of 365 days from the date of first order of stay. ..... this, in itself, was violative of article 14 of the constitution of india and, therefore, the amendment introduced by virtue of the finance act, 2008 was liable to be struck down, as being invalid.3. ..... the notes on clauses pertaining to the finance bill, 2008, to the extent relevant, read as under: clause 46 seeks to amend section 254 of the income-tax act, relating to orders of the appellate tribunal. .....
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