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Regency Soraj Infrastructures Vs. Union of India and Others

Court : Delhi

..... section 80 ia was substituted by finance act, 1999. ..... by another gazette notification also dated 8th january, 2008, cbdt substituted the existing rule 18c of the income tax rules, 1962, (1962, rules) by a new rule in exercise of powers under section 295 read with section 80 ia(4)(iii) of the act. ..... day of april, 2001 and transfers the operation and maintenance of such industrial park or such special economic zone, as the case may be, to another undertaking (hereafter in this section referred to as the transferee undertaking), the deduction under sub-section (1), shall be allowed to such transferee undertaking for the remaining period in the ten consecutive assessment years as if the operation and maintenance were not so transferred to the transferee undertaking: provided further that in the case of any ..... the second proviso was separately added and the date stated in section 80 ia(4)(iii) was not substituted by the new date, i.e. ..... the petitioners could have claimed benefit under the said section only if they were covered by a new scheme or in case the government had decided to extend the 2002, scheme. ..... * in the high court of delhi at new delhi + writ petiton (civil) nos. ..... the new scheme was notified on 1 april 2002 ..... the new rule 18c reads as under: w.p ..... a new scheme was formulated on 8th january, 2008 and was made applicable with effect from 1st april, 2006 ..... a new scheme was framed and gazetted only on 8th january, 2008 and this scheme has been implemented with effect from 1st april, 2006 .....

Mohabir Enterprises Vs. Commissioner of Central Excise

Court : Chennai

..... , against which, the petitioner filed a statutory appeal under section 85 of the finance act, 1994, before the first respondent-appellate authority, along with petition for stay/waiver of pre-deposit of service tax, interest and penalty and the said appeal was ..... , had been reduced to rs.4 lakhs under section 35-f of the central excise act (hereinafter referred to as 'the act') made applicable to the service tax as per section 83 of the finance act and the balance amount was waived, is called in question, seeking to quash the same as unlawful, arbitrary ..... , dated 22.1.2013, in pre-deposit-cum-appeal order no.62/2013 (m-st(pd)) (in a.no.366/2012 (m-st)), thereby directing the petitioner to pay the amount of rs.4 lakhs as pre-deposit in cash on or before 12.2.2013 under section 35-f of the act, made applicable to service tax as per section 83 of the finance act and the balance amount was waived. ..... no.608/2009, dated 30.11.2009 was issued by the second respondent to the petitioner, requiring the petitioner to show cause as to why a sum of rs.47,93,649/- towards service tax, should not be demanded under section 73(1) of the finance act, 1994, apart from demand of interest. ..... the officers attached to the second respondent called for certain details relating to the activities of the petitioner with one m/s.shiv-vani oil and exploration services limited, new delhi and m/s.max-tech oil and gas services private limited, new delhi, for providing short hole drilling and 3d seismic job services .....

Amadeus India Pvt. Ltd. Vs.principal Commissioner, Central Excise, Se ...

Court : Delhi

..... petitioner was also asked to show cause why penalty under section 76 of the finance act, 1994 read with section 174 of the central goods & services tax act, 2017 (cgst act) should not be levied, in addition to the recovery of interest under section 75 of the finance act, 1994.6. ..... the mandatory character of the master circular can be traced to section 83 of the finance act, 1994 which makes section 37 b of the central excise act, 1944 applicable in relation to service tax. ..... petitioner were recorded under section 14 of the central excise act, 1944 read with section 83 of the finance act, 1994. ..... the first is that the scn is preventive and the second is that it is related to an offence in terms of the finance act, 1994.13. ..... petitioner may have to face consequences for having committed an offence under finance act, 1994 need not per se render the scn itself as an offence related scn. ..... in terms section 37 b of the central excise act, 1944 instructions issued by the cbec would be binding on the officers of the department.17. ..... petitioner in that process, several questions may have arisen for consideration by the respondent which may require a clarification from the.. ..... an administrative pre-dispute consultation mechanism may be the organizations for resolving tax disputes at the pre-notice stage through an open dialogue with the taxpayer, in which both sides articulate and discuss their respective positions and views on the matter at hand. ..... $~9 * in the high court of delhi at new delhi + w.p. .....

Kerala State Beverages Manufacturing And Marketing Corporation Limited ...

Court : Supreme Court of India

..... from the relevant memorandum to the finance act, 2013 and underlying object for amendment of income tax act by act 17 of 2013, by which section 40(a)(iib)(a)(b) is inserted, it is clear that the said amendment is made to plug the possible diversion or shifting of ..... sri ganesh, learned senior counsel appearing for the appellant by referring to explanatory note to the finance act, 2013, and section 40(a)(iib) of the act, has submitted that the levy of gallonage fees, licence fee and shop rental (kist) on fl 9 licence is not on any state government undertaking but same is a levy ..... finance act of 1971 appears to leave no room for doubt that the term income tax as used in section ..... by the finance act, 2013 (act 17 of 2013), section 40 of the act is amended by inserting section 40(a)(iib), ..... the above legislative history of the finance acts, as also the practice, would appear to indicate that the term income tax as employed in section 2 includes sur charge as also the special and the additional surcharge whenever provided which are also surcharges within ..... and every casual trader or agent of a non resident dealer, the central government, government of kerala, the government of any other state or of any union territory, or any local authority whatever be its total turnover for the year in respect of goods included in the schedule at the rate mentioned against such goods, (a) (b) in respect of foreign liquor, at the point of sale by the kerala state beverages (manufacturing and marketing ..... new .....

General Electro Mechanical Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1987)(14)ECC207

..... appears the goods were being classified under item 15a(2) get till 28-2-1979.with the amendments to items 15a and 22f get by the finance act, 1979, the department considered that the correct item was 22f and not 68 get, as claimed by the appellants. ..... item no.22f get, as it stood after the amendments made by the finance act of 1979 but before its further amendment of 1980, read as follows :- ..... however, in view of explanation ii to item 15a inserted by the finance act of 1979 by virtue of which insulators and insulating fittings were excluded from the item, the goods no longer fell under item ..... correct entry as seen from the relevant finance act, is as we have shown above.] ..... glass is, no doubt, as shri parthasarathy points out, a man made substance and not a naturally occurring mineral substance such as, for example, asbestos fibre, but for the purpose of item 22f, "glass fibre and yarn including glass tissues and glass wool" have been included, by the deeming fiction in explanation i to the item to be covered by the expression "mineral fibres ..... in the bakelite hylam case (supra) relied on by the counsel for the appellants, the goods were rigid plastic laminated sheets and boards and electrical grade sheets in various thicknesses, sizes and colours.they were goods comprised plastic material and other materials ..... hence, the correct item for this is 22f and not ..... advocate, with shri gopal prasad, consultant, for the appellant and shri k.c. ..... departmental representative, for the respondent.4 .....

V.B. Information Systems Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (2005)(102)ECC522

..... dr has dislodged this ground of the appeal by pointing out that, for the period of dispute, there is a recovery mechanism under rule 57 cc as retrospectively amended by the finance act, 2005 vide with section 82 (1)(b) read with sl. no. ..... before finance act, 2005 came into force, there was no statutory mechanism for recovery of rule 57 cc dues and accordingly the appellants resisted the demand. ..... such mechanism has been introduced by the finance act, 2005, with retrospective effect. ..... after examining the relevant provisions of the finance act, 2005, cited by ld. ..... the period of dispute in the instant case is comprised in the above period.in the result, any dues under rue 57 cc can be recovered from the appellants for the month of march, 1998 in terms of the "explanation" added to rule 57 cc.3. ld. ..... dr, i find that an "explanation" has been added to rule 57cc with retrospective effect so as to cover the period 1.3.1997 to 31.3.2000 providing for recovery of dues under the said rule. ..... here there is no escape for the present assessee from penal liability. ..... a show-cause notice was issued for this purpose. ..... 1.the appellants are manufactures of computer (sub-heading 8471.00 of the schedule to the central excise tariff act). .....

Orient Express Co. (P.) Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1985)14ITD506(Delhi)

..... definition of 'industrial company' in the finance act, is so different from the language in section 32a the meaning given to the expression 'manufacture or processing of goods' cannot be applied to the manufacture or production of any article or thing used in section 32a.this is the basic difference between that decision which has not been noticed by the authorities below and which has been pointed out by the learned chartered accountant shri pradip dinodia, who appeared before us for the assessee. ..... 31st day of march, 1976, by an assessee engaged in the business of operation of ships or aircraft ; (b) any new machinery or plant installed after the 31st day of march, 1976- (i) for the purposes of business of generation or distribution of electricity or any other form of power ; or (ii) in a small scale industrial undertaking for the purposes of business of manufacture or production of any article or thing ; or (iii) in any other industrial undertaking for the purposes of business of construction, manufacture or production of any article or thing, not being an article .....

Jay Engg. Works Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1992)43ITD594(Delhi)

..... secondly, sub-section (9) of section 32a which was akin to explanation to section 34(3)(a) has been omitted by the finance act of 1990 w.e.f. ..... subsection (9) to section 32a also stands omitted by the finance act of 1990 w.e.f. ..... on perusal of the decision of the supreme court, it is observed that the decision is based on explanation to section 34 (3) (a) which has been omitted by the finance act, 1990 w.e.f. ..... our attention was drawn to the explanatory notes to the finance act of 1976 issued by the central board of direct taxes in support of the contention that in the case of a loss, it would not be necessary for an assessee to create investment allowance reserve and that it would be sufficient compliance of the law if a reserve is created in the year when there is income. ..... officer may allow, a further amount to the investment allowance reserve account of the profits and gains of the previous year in which such notice is served on the assessee or of the immediately preceding previous year, if the accounts for that year have not been made up and if the assessee credits any further amount to such account within the time aforesaid, the amount so credited shall be deemed to have been credited to the investment allowance ..... 1,05,90,510.assessee appealed to cit (appeals)-13, new delhi and succeeded in part.whereas assessee is in appeal against the additions sustained. ..... the impugned order is that of cit (appeals)-13, new delhi dated 9-2-1988. .....

Hmt Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT

Reported in : (1996)59ITD76(Bang.)

..... appellant succeeds.on examination of the amendment caused to clause (iv) of sub-section (1) of section 32 by the finance act, 1983 with effect from 1-4-1984, we find that under the said amendment only the following expression was deleted: but any such sum shall not be deductible in determining the written down value for the purposes of clause (it) of sub-section (1).the expression "written down value" has been defined in section 43(6) to mean in the case of assets acquired before the relevant ..... amendment was brought to this definition under section 43(6) by the finance act, 1983 under which the last expression in clause (iv) of section 32(1) was deleted, as mentioned above ..... the initial depreciation on the buildings including those which were brought forward during 1984-85 under section 32(1)(i'v) in terms of the amended provisions of the finance act, 1983 with effect from april 1984. ..... appellant claims that the statute was introduced with effect from 1984-85 by the finance act, 1983 which came into effect from 1-4-1984 which meant that initial depreciation admissible for assessment years commencing from 1984-85 will have to be deducted in arriving at ..... learned dr that until an employee actually exercises his option in favour of the encashment scheme, no enforceable liability in that regard arises.hence, in accordance with the decision of the allahabad high court in the case of new victoria mills ltd. ..... decided against the assessee in the order of the itat dated 21-9-1995 in ita no. .....

Deputy Commissioner of Vs. British Motor Car Co. Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1996)57ITD565(Delhi)

..... admittedly, there is a close nexus between the debt and the asset, the value of which is chargeable under the wealth-tax act for the purpose of section 40 of finance act, 1983.as regards the proportionate deduction of liabilities which are charged or secured on chargeable asset, there is no dispute between the parties as admitted before us. ..... as is evident from the above, in addition to equitable mortgage of factory land and the property at aurangzeb road, new delhi, there is an equitable mortgage of the property in question, namely, pratap building. ..... ' 6.4 similarly, in penguine business dictionary by michael greener at page 387, new edition the expressions 'security' and 'collateral security' read as under :- '"securities" at one time a security was essentially something given or guaranteed by a borrower to safeguard a loan. ..... (i) equitable mortgage of property known as pratap building, n - block, connaught circus, new delhi for inr 15,350,000. ... ..... (b) equitable mortgage of property at 6, aurangzeb road, new delhi for inr 5,750,000. ..... 1984-85 2,00,000 17,00,0001985-86 85,000 17,00,0001986-87 77,500 17,00,0001987-88 24,09,761 1,72,54,7391988-89 46,34,400 1,76,79,142 the wto found that in addition to other assets, the assessee owned a property known as 'pratap building' at n-block, connaught circus, new delhi. .....