Judgment Search Results Home > Cases Phrase: finance act 1995 section 63 amendment of section 80 Court: karnataka Page 2 of about 1,089 results (0.126 seconds)

Commissioner of Income Tax Vs. God Granites

Court : Karnataka

Reported in : (1999)156CTR(Kar)327

..... the government's policy to encourage export of polished granite and other rocks where value addition before export is high and to discourage export of raw blocks where value addition is low, is evident from section 80hfic, as it extends its benefit not to all minerals, but only to 'processed minerals specified in the twelfth schedule' and the word 'processed' with reference to rocks/granite, means 'cut and ..... 2 of 1991 bringing about the amendment to the provision of section 80hhc of the act by inserting twelfth schedule in the correct perspective the cbdt revised its opinion and issued the subsequent circular extending the benefit to the exporters of cut and polished granite blocks and not to the ..... 849 representing the profits from the export sales of granite outside india entitling the petitioner to the benefit of section 80hhc as amended by finance (no. ..... counsel for the revenue then contended that the subsequent circular issued in the year 1995, by the cbdt would be prospective in its application', that the cbdt by its communication date12th ..... a representation filed by the association of exporters of granite that cbdt had misunderstood the import of the finance act no. ..... was only with effect from ist april, 1991, the words 'other than processed minerals and ores specified in the twelfth schedule' were added by finance (no. ..... our view this judgment would not affect the merits of the present case as it is relatable to the assessment years before the coming into force of finance (no. .....

Ghodawat Pan Masala Products (i) Ltd. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : ILR2002KAR4170; [2003]130STC276(Kar)

..... in other words, it is his submission that gutka is not a declared goods under section 14 of the cst act as the amendment carried out to the central excise tariff act has not become part of section 14(ix) and continues to remain absent as it was not part of the provisions introduced to the finance act, 1988. ..... even though the schedule to the central tariff act, 1985 has under-gone change and as a result of finance bill of 2001, entry 2404.04 (pan masala and gutka) were inserted, such amendments to the central excise tariff act, 1985 do not affect the provisions of section 14(ix) of the cst act which continued to remain as they were in 1988. ..... and cigarette differently for the purpose of imposition of luxury tax, having regard to the distinguishing features in the matter of taste, price, the nature and status of consumers and the potential to rope in larger sections of the society, more particularly poorer sections of the society, which may have a serious effect on the society in future, on account of consumption of gutka, the classification made cannot be said as unfair, discriminatory, un-reasonable and has no direct nexus with the ..... further, this contention was also negatived by the high court of allahabad in the case of varshney general sales ; 1995 uptc 105 and by the high court of kerala in the case of i.t.c. ..... ' i am unable to subscribe to the view taken by the high court of allahabad in the case of varshney general sales [2003] 130 stc 202 ; (1995) uptc 105. .....

Air Force School Parentand#8217;s Welfare Association, Rep by Its Secr ...

Court : Karnataka

..... firstly, the supreme court in dhartipakar madan lal agarwals case decided the matter relating to election arising out of representation of the people act but in the instant case the question of constitutional validity of section 1(iii-a) of the education act is involved; secondly, the facts before the supreme court in dhartipakar madan lal agarwals case are entirely different from the facts on hand; thirdly, even after transferring ..... (ii) insertion of section 1(iii-a) in the karnataka education act as amended by karnataka act 8 of 1998 is hereby quashed as discriminatory and violative or article 14 of the constitution ..... whether section 1 (iii-a) of the karnataka education act as amended by karnataka act 8 of 1998 is discriminatory and violative of article 14 of the constitution of ..... in 1813, the british parliament decided to support education in india by directing the east india company to provide finance for the revival and improvement of literature and the encouragement of the learned natives of india and for the introduction and promotion of a knowledge of the sciences among the inhabitants of the british territories ..... commencement in 1995 the education act was made applicable to all the educational institutions including the private unaided schools affiliated to icse and cbse syllabus in the state of karnataka as specified in section 1 of the act. ..... act came into effect on 20.1.1995. ..... ) rules 1995 provide for an aggrieved parent to question the fixation of fee before district level .....

Bidar Sahakari Sakkare Kharkhane Niyamat, Vs. Union of India (Uoi) and ...

Court : Karnataka

Reported in : [1999]237ITR445(KAR); [1999]237ITR445(Karn)

..... the said section was retrospectively substituted by the finance act of 1995 with effect from april 1, 1989, and the following notes on clauses while moving the bill were given in the bill (see : [1993]200itr124(delhi) ) :'sub-clause (i) seeks to substitute clause (a) of sub-section (1a) of section 143. ..... amendment by the finance act, 1993, of section 143(1a) was held applicable from the assessment year 1989-90 by the allahabad high court in the case of banwari paper mills (p. ..... by the direct tax laws (amendment) act, 1989, to the effect that wherein adjustment is made in the income or loss declared in the return under the proviso to clause (a) of sub-section (1) of section 143 an additional tax was charged and under that section the provisions of sub-section (1) of section 271 for imposition of penalty would not apply in relation to adjustment so made.14. ..... the scope and effect of this section was subsequently amended by the direct tax laws (amendment) act, 1989, reducing the department's work load to dispense with the requirement of passing assessment order in all cases. ..... 549, dated october, 31, : [1990]182itr1(mad) , justifying levy of additional tax as under (page 23) :'the new section 143, as substituted by the amendment act, 1987, while dispensing with the necessity of passing assessment orders in all cases, did not contain any deterrent provision against filing of incorrect returns to show lesser tax liabilities. .....

K.V. Kuppa Raju and ors. Vs. Government of India and ors.

Court : Karnataka

Reported in : ILR1999KAR4445; [2000]242ITR522(KAR); [2000]242ITR522(Karn)

..... section 64(1a) was inserted by the finance act, 1992, from april 1, 1993, ..... tax commission (284 us 206-221), where it was observed that a husband cannot, consistently with the due process and equal protection clause of the 14th amendment, be taxed by a state on the combined total of his and his wife's incomes as shown by separate returns, where her income is her separate property and, by reason of the tax being graduated, its amount exceeded the sum ..... the provisions of section 16 of the act of 1922 and section 64/65 of the act of 1961 have been amended from time to time may be on the basis of the interpretation given by the courts or looking to the financial needs and plugging the loophole of drainage of revenue which according to the legislature should have been received by ..... as regards the provisions of section 64, they are principally aimed at clubbing the income of a spouse or minor child of the taxpayer in the circumstances specified therein under the amendments made by the taxation laws (amendment) act, 1975, the clubbing has been extended, incertain circumstances, to the income of the son's wife or the son's minor child, apart from further tightening up of the provisions for clubbing the income of the spouse or ..... of india : [1995]215itr371(mad) , also examined the validity of section 64(1a). ..... union of india : [1995]215itr371(mad) upholding the validity of section 64(1a) held that it was not violative of articles 14 and 19 of the constitution of india. ..... assessment year 1995-94. .....

M/S Diffusion Engineers Ltd Vs. The Deputy Commissioner of Income Tax

Court : Karnataka

..... attention to the cbdt circular dated 12.6.1985 wherein it is provided as under: 15.2 as a consequence of this amendent , the deductions allowable under section 35a of the income-tax act in respect of any expenditure of a capital nature incurred on the acquisition of patent rights or copyrights and under section 35ab in respect of expenditure on know-how have been withdrawn with effect from the assessment year 1999-2000. ..... finance minister, memo explaining the provisions in finance bill and the cbdt circular dated 12.6.1985 fortifies that section 35ab is an enabling provision inserted with effect from 01.04.1986 to provide further encouragement for indigenous scientific research and not to limit or curtail the powers of section 37 of the act ..... this provision was inserted by finance act 1985 with effect from 1.4.1986 and was in ..... the budget speech of finance minister, 1985-86 specifies the object for inserting section 14 35ab with effect from 1.4.1986 the relevant paragraph of which is produced herewith: with a view to providing further encouragement for indigenous scientific research, i propose to provide that ..... respondent (by sri jeevan j.neeralgi, advocate) ***** this ita is filed under section260a of i.t.act, 1961 arising out of order dated306.2008 passed ita.no.1022/bang/1995 for the assessment year19921993 and ita517bang/1997 for the assessement year in21993-1994, praying to: i) formulate the ..... the memo explaining provisions in finance bill 1995 as regards deduction in respect .....

Bharat Conductors Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Karnataka

Reported in : [1999]238ITR89(KAR); [1999]238ITR89(Karn)

..... i am of the view that interest under section 139(8) requires waiver, interest under section 217 on the same reasoning is also to be waived in respect of the income derived by the assessee on sale of import entitlement which was made taxable because of retrospective amendment by the finance act, 1990.5. ..... counsel for the petitioner submitted that even if there are different courts' decisions that itself is a ground for not levying the interest and in any case since the legislature has made the amendment retrospective, by the finance act, 1990, the liability cannot be fastened. ..... dispute is in respect of the premium received on sale of import entitlement which by retrospective amendment by the finance act, 1990, was made liable to tax. ..... interest on addition because of retrospective amendment of section 43b was directed to be deleted by the commissioner of income-tax for the purpose of calculating the interest under sections 139(8) and 217 of the act. ..... the order of the first respondent dated september 14, 1992, passed under section 264 of the income-tax act, 1961, in respect of the assessment years 1984-85 to 1986-87 have been assailed in these ..... for any reason, the law is amended retrospectively creating liability of tax then, in my opinion, it would be sufficient cause for not charging the interest under section 159(8). ..... was another addition on account of retrospective amendment of section 43b. ..... : [1995]214itr57(guj) , where it was found that if there is a reasonable cause interest is not .....

Mrf Limited Vs. Commissioner of Commercial Taxes and Another

Court : Karnataka

Reported in : [1997]105STC68(Kar)

..... in the present case, as noticed above, it was clearly stated by the finance minister on the floor of the legislature that the language employed in section 6d of the act had led to unfortunate litigations and therefore it was found essential to suitably amend it so that the levy of cess could be made applicable only to sales or purchases effected within ..... incorporation of section 6d of the act was capable of more than one interpretation, it led to spate of litigations in this court, like filing of the present batch of writ petitions, the government taking note of this fact felt in desirable to make necessary amendment in the impugned provision to remedy the misgivings as is apparent from paragraph 152 of the budget speech for the year 1995-96 made by the minister of finance and planning. ..... batch of writ petitions pertains to interpretation of section 6-d of the karnataka sales tax act, 1957 (in short, 'the act') which was inserted by karnataka act 6 of 1995 providing for levy of cess on certain transactions of sale and/or purchase with effect from april 1, 1995. 2. ..... now to ascertain as to whether under the provisions of section 6d of the act, the intention of the legislature was to levy cess on the transactions of sales or purchase of a dealer effected in bangalore area only or on its global transactions effected through all the branches in the state, it may be relevant to refer to the budget speech of the finance minister noticed above who was the mover of the bill leading .....

Commissioner of Income Tax and anr. Vs. T.S. Chandrashekar Through Lrs ...

Court : Karnataka

Reported in : (2009)221CTR(Kar)385

..... counsel also placed strong reliance upon section 132(3) of the act, and also rules 112 and 112a of amended rules of 1997 contending that the execution of the last authorisation issued by the officer empowered for conducting search, seizure of money, bullion, jewellery anything in relation to undisclosed income and bringing the same for block assessment period following the procedure contemplated under chapter xtv-b of the act, as for removal of doubts, ..... legal contention is strongly rebutted by the learned counsel for the assessee, placing strong reliance upon the provisions of section 132(13), wherein it is stated that the provisions of the cr.pc, 1973 (2 of 1974) relating to search and seizure shall apply, so far as may be, to search and seizure of money, bullion, jewellery, under sub-section (1) or sub-section (1a), which provisions provide the procedure required to be followed by either investigation officer or authorised officer for conducting search ..... is an undisputed fact and the finding of fact recorded by the tribunal is based on strong foundation of the provisions of the act, as last panchnama stated by the revenue is not the panchnama in the eyes of law for the reason that the prohibitory order was passed on 12th dec, 1995 by the officer after conducting search and nothing was found in the premises of the office of the assessee and drawing the panchnama ..... the revenue further submits placing strong reliance on the circulars relating to the provision in finance (no. .....

K.V. Amarnath and Another Vs. State of Karnataka and Others

Court : Karnataka

Reported in : ILR1998KAR730; 1998(5)KarLJ62

..... manufacturing point to the distributor/wholesaler are still issuing permits from the manufacturing point to wholesalers, despite the fact that the supreme court in its judgment dated 15th december, 1995 has upheld the constitutional validity of the amendment brought to rule 3(11)(b) of karnataka excise (sale of indian and foreign liquor) rules, 1968 and other allied rules making provision for sale of the manufactured goods only ..... ramanathan v state of tamil nadu and while considering the scope of the word 'relating' under clause (d) of sub-section (2) of section 3 of the essential commodities act, has held that there is no reason to give a restricted meaning to the word 'regulating' under clause (d) so as not ..... subsequently, the state cabinet has constituted a cabinet sub-committee under the chairmanship of hon'ble deputy chief minister and finance minister to examine the pros and cons of reintroduction of prohibition and its impact on the state revenue and submit ..... reddy, the chairman of msil vide his letter dated 20-12-1995 is shown to have requested the additional chief secretary and principal secretary to government, finance department for implementation of 1989 rules after the dismissal of ..... eshwarappa, secretary to government, finance department directing him to submit draft rules to the excise act and other allied rules in such a way that status quo ante was brought about and also to ensure that canalisation of liquor through msil was discontinued by removing the monopoly .....