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Association For Democratics Reforms Vs. Union Of India

Court : Supreme Court of India

..... the electoral bond scheme, the proviso to section 29c(1) of the representation of the people act 1951 (as amended by section 137 of finance act 2017), section 182(3) of the companies act (as amended by section 154 of the finance act 2017), and section 13a(b) (as amended by section 11 of finance act 2017) are violative of article 19(1)(a) and unconstitutional; and b. ..... page 58 of 74 (ii) proviso to section 29c(1) of the representation of the people act, section 182(3) of the companies act, 2013, and section 13a(b) of the income tax act, 1961, as amended by the finance act, 2017, are unconstitutional, and are struck down; (iii) deletion of proviso to section 182(1) to the companies act of 2013, thereby permitting unlimited contributions to political parties is unconstitutional, and is struck down; (iv) sub-section (3) to section 31 of the rbi act, 1934 and the explanation thereto introduced by the finance act, 2017 are unconstitutional, and are struck down; (v) the eci ..... in consonance with the above reasoning and on application of the doctrine of proportionality, proviso to section 29c(1) of the representation of the people act 1951, section 182(3) of the companies act 2013 (as amended by the finance act 2017), section 13a(b) of the income tax act 1961 (as amended by the finance act 2017), are held to be unconstitutional. ..... section 13a, income tax act 1995 prior to amendment by the finance act, 2017 upon amendment by section 11 of the finance act, 2017 13a. .....

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 .....

Commissioner of Income Tax Vs. Anand theatres

Court : Supreme Court of India

Reported in : (2000)160CTR(SC)492; [2000]110TAXMAN338(SC)

..... . the learned counsel for the assessee further submitted that even though the legislature was alive to the issue and amended section 43(3) of the act by the finance act, 1995 by excluding tea bushes and livestock with retrospective effect from 1962, it has not excluded the buildings which are used for running hotel or cinema business ..... . tulsi & sons' case (supra) following the decision in taj mahal hotel's case (supra) the legislature amended the definition of 'plant' in section 43(3) of the act by the finance act, 1995 ..... infectious diseases which might require a special layout and other features also remains a premises and is not plant.it is to be added that all these decisions are based upon the interpretation of the phrase 'machinery or plant' under section 41 of the finance act, 1971, which was applicable and there appears m such distinction for grant of allowance on different heads as provided ..... . as against that, the aforesaid decisions by courts in england are based upon section 41 of the finance act, which provide for allowance for capital expenditure incurred on the provisions of machinery or plant for the purposes of the trade and the courts were only dealing with general meaning of the word 'plant' ..... .'s case (supra) (decided by the house of lords) the court of appeal observed that though there is no statutory definition of 'plant' for the purpose of section 41 of the finance act, 1971, from a series of cases decided, following principles emerge to be settled law .....

Adar Tea Produce Company Ltd. and anr. Vs. Assistant Commissioner of I ...

Court : Chennai

Reported in : [2000]244ITR608(Mad)

..... however, the claim of the petitioner for depreciation has become inadmissible due to the modification of definition of the term 'plant' in section 43(3) of the act as amended by the finance act, 1995, with retrospective effect and the result was that the petitioner became liable to tax on incomecomputed without allowing the claim for depreciation made by the petitioner in respect of the additional value of the plant. ..... an amendment was introduced by section 12 of the finance act, 1995, and the expression 'plant', in section 43(3) of the act was amended and after amendment, section 43(3) of the act reads as under :' 'plant' includes ships, vehicles, books, scientific apparatus and surgical equipment used for the purposes of the business or profession but does not include tea bushes or livestock.'8. ..... section 12 of the finance act, 1995, has amended the definition of 'plant' in section 43 of the income-tax act, 1961 (hereinafter to be referred to as 'the act'), with retrospective effect from which date the act came into force by excluding tea bushes or livestock from the scope of the definition of the term 'plant'. ..... section 43(3) of the act defines the expression, 'plant' in an inclusive manner and the term 'plant' as defined prior to the amendment made by the finance act, 1995, reads as under :' 'plant' includes, ships, vehicles, books, scientific apparatus and surgical equipment used for the purposes of the business or profession.'7. .....

Adar Tea Produce Co. Ltd. Vs. Assistant Commissioner of Income Tax

Court : Chennai

Reported in : [2000]106TAXMAN222(Mad)

..... expression, 'plant' in an inclusive manner and the term, 'plant' as defined prior to the amendment made by the finance act, 1995 reads as under:'(3) 'plant' includes ships, vehicles, books, scientific apparatus and surgical equipment used for the purpose of the business or 'profession'an amendment was introduced by section 12 of the finance act and the expression 'plant' in section 43(3) was amended and after the amendment, section 43(3) reads as under:'(3) 'plant' includes ships, vehicles, books, scientific apparatus and surgical equipment used for the purpose of the ..... however, the claim of the petitioner for depreciation has become inadmissible due to the modification of definition of the term 'plant' in section 43(3) as amended by the finance act, 1995 with retrospective effect and the result was that the petitioner became liable to tax on income computed without allowing the claim for depreciation made by the petitioner in respect of additional value of the plant. ..... section 12 of the finance act, 1995 has amended the definition of `plant' in section 43 of the income tax act, 1961 (hereinafter referred to as 'the act') with retrospective effect from which date the act came into force by excluding tea bushes or livestock from the scope of definition of the term 'plant'. .....

The Asst. Commissioner of Vs. Shri Kamlesh R. Agarwal (Huf)

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2006)282ITR117(Ahd.)

..... observed that it is not the case of the revenue that provisions of section 44ab as they stood amended by finance act, 1995 with effect from 1^st july, 1995 were applicable as the revenue did not base its penalty under such a ..... the case of revenue that the assessee has committed default of non-furnishing audit report as per amended provisions of section 44ab which stood amended by finance act, 1995 with effect from 1^st july, 1995 as revenue did not base its penalty under amended provisions. ..... furnishing the same as is made a requirement under the amended provisions with effect from 1-7-1995 by finance act, 1995 would not be of any consideration.... ..... stood amended by finance act-1995 ..... , if as the assessee contends, the audit report was not furnished on 27-3-1995 or immediately thereafter only as it w,as not obliged in law to do so (other than along with the return of income) the argument becomes invalid for the period'commencing 1-7-1995 rather, the finance act, poor to its being legislated is widely circulated and debated (as a finance bill). ..... specifically to check the tendency of obtention of audit reports dated, back in time, and thus, ostensibly complying with the provisions of section 44ab the furnishing being done only with the return of income as required under-secction 139(9), and thus, effectively circumventing the rigor of the provision.6.3 the amendment is applicable to any assessment year for which audit report is required to be obtained, and as such, to any audit report .....

R.S. Nayyar Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2007)108ITD424(Pune.)

..... and 2 are against the finding of the learned cit(a) that provisions of section 40a(3) of the it act, 1961, as amended by the finance act, 1995, w.e.f. ..... has been mentioned earlier, that section 40a(3) was amended by the finance act, 1995, w.e.f. ..... since the amendment affects the computation of income, the aforesaid amendment made by the finance act, 1995, constitutes substantive ..... on facts and circumstances prevailing in the case, it be held that, if any disallowance is justified and warranted in terms of provision of section 40a(3), the disallowance should have been pertaining to the period subsequent to the amendment effected in rule 6dd(j) and the new amendment is substituted the period in which the new provisions were not applicable should be considered as not qualifying for any disallowance. ..... from the judgment of the hon'ble court, the amendment in section 40a(3), effective from 1st april, 1996, shall be applicable while computing income for asst. ..... the aforesaid order, the assessee is in appeal before us.it is his case that the disallowance should have been restricted to the period starting from the date of omission of rule 6dd(j) and such date is 25th july, 1995.2.4 before us, the learned counsel of the assessee pointed out to the amendment in section 40a(3). ..... the representative argued that provisions/burden of rule 6dd(j) came effective from 24th july, 1995 and, therefore, upto this date, whatever transactions made in cash, should be disallowed under section 40a(3) of the act. .....

Videsh Sanchar Nigam Ltd. Vs. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2008)111ITD190(Mum.)

..... other systems, even for voice communication were, therefore, not intended by the legislature while amending the provisions of section 80-ia by finance act, 1995.92. ..... learned counsel further relied on the finance (no.2) act, 1998 which has inserted the following in section 80-ia(4c) w.e.f. ..... view is also fortified by the subsequent amendment in section 80-ia of the act by finance (no. ..... the question for consideration of the special bench is whether the assessee is entitled to exemption under section 80-ia of the it act, 1961 (act) in respect of the profits derived from the activity carried on by the assessee through the earth stations set up ..... also held that the assessee should have commenced providing telecommunication services on or after 1st april, 1995 so as to qualify for the deduction under section 80-ia, whereas in the present case, the assessee has been providing the service right from 1986 ..... that the expression 'telecommunication services' is of wide amplitude, the legislature, while amending the provisions of section 80-ia, qualified this expression by the words "whether basic or cellular". ..... order to encourage the investment by the private sector, the legislature amended the provisions of section 80-ia of the it act, 1961. ..... of claim made under section 80-ia of the it act in respect of new undertakings commissioned after 1st april, 1995 1.1 the cit(a) erred in not holding the undertakings in respect of which appellant is claiming relief under section 80-ia as eligible undertakings. .....

Commissioner of Income-tax Vs. Ashim Krishna Mondal

Court : Kolkata

Reported in : (2004)192CTR(Cal)336,[2004]270ITR160(Cal)

..... thomas : [2004]265itr327(ker) , respectively, having regard to the amended provision incorporated in the section itself by the finance act, 2002, with retrospective effect from july 1, 1995, these two questions are answered in favour of the assessee and against the departmentground no. ..... however, subsequently by the finance act, 2002, section 158bb was amended with effect from july 1, 1995. ..... thomas : [2004]265itr327(ker) again before the kerala high court where it was held that since the search under section 132 of the income-tax act, 1961, was conducted on november 22, 1995, that is after the retrospective amendment of sub-clause (b) of clause (c) of sub-section (1) of section 158bb, the income below the taxable limit of a previous year could not be included as undisclosed income of the block period.3. ..... the law as it stood before the finance act, 2002, provided some grounds for confusion. ..... in this case, search was held on november 3, 1995, which is definitely after july 1, 1995, attracting the application of the amended provision, which is deemed to be there on the statute on the date when searches were held. ..... for that the income-tax appellate tribunal erred in directing that figure of disclosed income of the block period should be taken as per section 158bb(1)(c) of the income-tax act, 1961, the same should be taken as nil.iii. ..... the amendment so brought about has since been given effect from july 1, 1995, viz. .....

N.K. Proteins Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2004)83TTJ(Ahd.)904

..... be willing to sell such unaccounted goods at a much lower rates in view of various manifold advantages, such as savings in all kinds of taxes, duties, utilisation of black money and various other factors, the legislature in its wisdom has amended section 40a(3) by the finance act, 1995 w.e.f. ..... of the claim for purchases shown as purchases made from these billing agents/name lenders resulting in addition on account of either bogus purchases or inflated purchases will surely come within the ambit of undisclosed income as defined in section 158b(b) as amended by the finance act, 2002 with retrospective effect from 1st july, 1995. ..... 529 and 530 as under: "earlier the assessee invoked the writ jurisdiction of this court seeking to challenge the notices issued to them under section 143(2) of the act by which the assessees were required to attend the office of the revenue in connection with the return of income submitted by them for the asst. yr ..... it may also be relevant here to once again refer to the amended definition "undisclosed income" given in section 158b(b) which, inter aha, includes any expenses, deduction or allowance claimed under this act, which is found to be false. ..... during the search showing that the assessee was the owner of the jewellery business run in the name of the third person and the assessee was not able to rebut the presumption arising under section 132 of the act, income from jewellery business was assessable in the hands of the assessee.kerala liquor corporation v. .....