Judgment Search Results Home > Cases Phrase: finance act 1995 section 63 amendment of section 80 Page 89 of about 16,014 results (0.096 seconds)

Ms T a Enterprises Through Its Proprietor Sanjeev Kumar Jha Vs. The Un ...

Court : Jharkhand

..... (emphasis supplied) in view of the aforesaid decision and section 85 (3a) of the finance act, 1994 no error has been committed by the commissioner (appeal) in not condoning the delay because it was beyond the period of ..... penalty was also affirmed under section 77 of the finance act, 1994.thus, 3 there was no ..... has specifically been mentioned in the order in original passed by additional commissioner central excise, ranchi dated 31 st december, 2012 that demand of service tax has been affirmed against this petitioner as well as interest under section 75 of the finance act, 1994 has also been affirmed. ..... for ready reference section 85 of the finance act, 1994 reads as ..... was also passed and order for penalty was also imposed under section 77 of the finance act, 1994. ..... the case we see no reason to 4 entertain this writ petition mainly on the following facts and reasons: (i) order in original was passed by additional commissioner central excise on 31st december, 2012 which is appellable under section 85 (3-a) of the finance act, 1994. ..... / ran/ 2014 as delay was not condonable under section 85(3a) of the finance act, 1994. ..... of by this court vide order dated 3rd september, 2013 and, therefore, appeals 2 were preferred against the order in original passed by additional commissioner, central excise, ranchi by the petitioners claiming benefit of section 14 of the limitation act of 1963, to exclude the time consumed in disposal of the writ petition before this court in computation of the delay. .....

Ms Ramchandra Singh Through Its Proprietor Ramchandra Singh Vs. The Un ...

Court : Jharkhand

..... (emphasis supplied) in view of the aforesaid decision and section 85 (3a) of the finance act, 1994 no error has been committed by the commissioner (appeals) in not condoning the delay because it was beyond the period ..... been mentioned in the order in original passed by additional commissioner central excise, ranchi dated 31st january, 2013 that demand of service tax has been affirmed against this petitioner as well as interest under section 75 of the finance act, 1994 has also been 3. ..... for ready reference section 85 of the finance act, 1994 reads as ..... also passed and order for penalty was also imposed under section 77 of the finance act, 1994. ..... was passed by additional commissioner central excise on 31st january, 2013 which is appellable under section 85 (3 a) of the finance act, 1994. ..... affirmed under section 77 of the finance act, 1994 ..... /2014 as delay was not condonable under section 85(3a) of the finance act, 1994. ..... by this court vide order dated 3rd september, 2013 and, therefore, appeals were preferred against the order in original passed by additional commissioner, central excise, ranchi by the petitioners claiming benefit of section 14 of the limitation act of 1963, to exclude the time consumed in disposal of the writ petition before this court in computation of the delay. ..... also, as submitted by the counsel for the respondent union of india that prima facie section 14 of the limitation act 1963 is not applicable because there was no want of jurisdiction where the writ petition was .....

Dilip Kumar Jaiswal Vs. Union of India Through Central Excise and Serv ...

Court : Jharkhand

..... (emphasis supplied) in view of the aforesaid decision and section 85 (3a) of the finance act, 1994 no error has been committed by the commissioner (appeal) in not condoning the delay because it was beyond the period of ..... penalty was also affirmed under section 77 of the finance act, 1994.thus, there was no ambiguity ..... specifically been mentioned in the order in original passed by additional commissioner central excise, ranchi dated 31st december, 2012 that demand of service tax has been affirmed against this petitioner as well as interest under section 75 of the finance act, 1994 has also been affirmed. ..... for ready reference section 85 of the finance act, 1994 reads as ..... was also passed and order for penalty was also imposed under section 77 of the finance act, 1994. ..... of the case we see no reason to entertain this writ petition mainly on the following facts and reasons:- (i) order in original was passed by additional commissioner central excise on 31st december, 2012 which is appellable under section 85 (3-a) of the finance act, 1994. ..... / ran/ 2014 as delay was not condonable under section 85(3a) of the finance act, 1994. ..... of by this court vide order dated 3rd september, 2013 and, therefore, appeals were preferred against the order in original passed by additional commissioner, central excise, ranchi by the petitioners claiming benefit of section 14 of the limitation act of 1963, to exclude the time consumed in disposal of the writ petition before this court in computation of the delay. .....

Aeroplane Shoe Factory Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1989)28ITD478(Delhi)

..... further pointed out that a similar amendment by which explanation 2 was inserted to section 37(2a) by the finance act, 1983 had been expressly made retrospective from 1-4-1976 and, therefore, since in the amendment to section 263(1) as mentioned above, retrospec tive effect had not been specifically given it could not be inferred and therefore, particularly when the learned commissioner passed the impugned orders on 2-4-1984, prior to the taxation laws (amendment) act, 1984 and the finance act, 1988, the learned commissioner could ..... not purport to revise the assessment orders of the ito framed under compulsion in view of the mandatory provisions of section 144b which were operative .....

inductotherm (India) Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2002)75TTJ(Ahd.)728

..... (1) notwithstanding anything contained in section 13 of the finance act, 1960 (13 of 1960), relating to exemption of companies from levy of wealth-tax under the wealth tax act, 1957 (27 of 1957) (hereinafter referred to as the wealth tax act), wealth-tax shall be charged under the wealth tax act for every assessment year commencing on and from the 1-4-1984 is respect of the net wealth on the corresponding valuation date of every company, not being a company in which the public are substantially ..... by the appellant-company is not a payment of wealth-tax under the wealth tax act but it is a payment of wealth-tax on a specified asset under section 40 of finance act, 1983, which was omitted by finance act, 1992. ..... (supra) has held that section 40 of the finance act, 1983 is "a self contained code" for the purpose of levy of wealth-tax for closely held companies and it is not possible to look into the provisions of wealth tax act, 1957 to supply any omissions ..... assessment years 1984-85 to 1992-93 deduction in respect of wealth-tax paid by closely held companies under section 40 of the finance act, 1983 is therefore, clearly allowable. ..... undoubtedly, under the amended section, power to reopen assessment is much wider and can be exercised even if an assessee had disclosed fully and truly all material facts.the learned senior departmental representative placed heavy reliance on the judgment ..... for assessment year 1992-93, was reopened by issue of notice under section 148, dated 3-2-1995 i.e. .....

Additional Commissioner of Vs. Hughes Services (Far East) (P.)

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2003)87ITD137(Delhi)

..... 1999 reported as 240 itr page 3 (statute) wherein it has been clarified that the amendment by finance act, 1999 in section 9(1)(ii) would apply to assessment year 2000-01 and subsequent assessment years. ..... dr regarding retrospective operation of explanation substituted by finance act, 1999, let us first consider the scope of section 9(1)(ii) as originally enacted and amended from time to time in the light of ..... more exists now in view of the amendment made by the legislature by substituting the explanation to section 9(1)(ii) by finance act, 1999 w.e.f 1-4-2000. ..... case is a case where explanation has not declared the existing meaning but has enlarged the scope of he main section and, therefore, retrospective effect cannot be given to the amendment made to the finance act, 1999.13. ..... the above discussion it is held that prior to amendment by the finance act, 1999, the words 'earned in india' never included the remuneration payable for the rest period or the leave period and, therefore, such salary, if paid outside india were not taxable under section 9(1)(ii). ..... us examine the contention of the learned dr whether the amendment by finance act, 1999 was clarificatory/declaratory and, therefore, retrospective in ..... vehemently assailed the order of cit(a) by contending that off-period salary is taxable in view of the provisions of explanationto section 9(1)(ii) as substituted by finance act, 1999 which, according to him, is retrospective in operation, being clarificatory/declaratory in nature. .....

Hindalco Industries Ltd. Vs. the Income-tax Officer (Tds)

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)91ITD64(Mum.)

..... it is noteworthy that prior to the amendment by the finance act, 1976, it contained the following words also; "or through or from any money lent at interest and brought into india in cash or in kind".these words were omitted from section 9(1)(i) and taxability of income by way of interest was brought in a separate clause 9(1)(v).simultaneously, the legislature incorporated section 9(1)(vi) and (vii) by the finance act, 1976. ..... even in the case of income by way of interest, when the amendment was brought in by the finance act, 1976, only those words dealing with the interest income were omitted from section 9(1)(i) and placed in section 9(1)(v). . ..... the learned counsel referred to section 9(1)(i) and section 9(1)(vi) & (vii) and pointed out that by not excluding the income referred to in section 9(1)(vi) & (vii) from the purview of section 9(1)(i) read with explanation (1) thereof, the legislature has expressly indicated that it never intended to exclude clauses (vi) and (vii) from the purview of section 9(1)(i),) by the finance act 1976 with effect from 17.1976.).7. ld. ..... there was no clause dealing with royalty and technical services prior to amendment by the finance act, 1976 and, therefore, they were not taxable prior to finance act, 1976. ..... the ito (tds) did not agree with the submissions made before him and directed the assessee company vide order under section 195(2) dated 6.10.1995 to deduct tax @20% as per dtaa with usa and pay the same to govt. .....

Hindalco Industries Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)85TTJ(Mum.)71

..... that prior to the amendment by the finance act, 1976, it contained the following words also: "or through or from any money lent at interest and brought into india in cash or in kind".these words were omitted from section 9(1)(i) and taxability of income by way of interest was brought in a separate clause 9(1)(v).simultaneously, the legislature incorporated section 9(1)(vi) and (vii) by the finance act, 1976. ..... was, accordingly, incorporated in section 9(1)(i) while separately classifying interest income under section 9(1)(v).there was no clause dealing with royalty and technical services prior to amendment by the finance act, 1976 and, therefore, they were not taxable prior to finance act, 1976. ..... case of income by way of interest, when the amendment was brought in by the finance act, 1976, only those words dealing with the interest income were omitted from section 9(1)(i) and placed in section 9(1)(v). ..... 's first argument is that the legislature while inserting clauses (vi) and (vii) of section 9 by the finance act, 1976 did not exclude-incomes referred to in the said clauses from the purview of section 9(1)(i) which clearly shows that the legislative intent was not to exclude these clauses from the purview of section 9(1)(i). ..... the legislature has expressly indicated that it never intended to exclude clause (vi) and (vii) from the purview of section 9(1)(i), by the finance act, 1976 w.e.f. ..... , 1995 to deduct tax @ 20 per cent as per dtaa with usa and pay the same to government account .....

A.P.S.E.B. Vs. Joint Commissioner of I.T.,

Court : Income Tax Appellate Tribunal ITAT Hyderabad

..... for this proposition, reliance is placed on the full bench decision of the bombay high court in 185 itr 6; wherein it was held that the circulars issued by the cbdt in the context of explaining the provisions in finance act cannot be considered as a circular within the purview of section 119(1) or (2) of the act, as there was no order or direction or instruction issued in the said circular. .5. ..... penultimate sentence says that income-tax on inter-corporate dividends received by a company other than a foreign company from any domestic company is limited to 25 per cent thereof and the ultimate sentence says that the finance act, 1966, had not made any change in the effective rates of tax in respect of inter-corporate dividends. ..... , therefore, it refers to the earlier circular explaining the finance act, 1965, paragraph 19 whereof we have already analysed. ..... the interpretation in that case was that no part of that circular has a categorical order, instruction or direction and that that circular refers to finance act, 1965 and not finance act, 1966. ..... relevant portion of the said decision is as under- "this brings us to paragraph 32 of the circular explaining the provisions of the finance act, 1966. ..... the commissioner of income-tax has invoked his powers under section 263, and held vide his order dated 7.3.2002 that the assessment made is erroneous and prejudicial to the interests of revenue, inasmuch as section 115ja of the act has not been applied to the assessee by the, assessing .....

A.P.S.E.B. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2004)85TTJ(Hyd.)30

..... {1990) 185 itr 6 (bom)(fb), wherein it was held that the circulars issued by the cbdt in the context of explaining the provisions in the finance act cannot be considered as a circular within the purview of section 119(1) or (2) of the act, as there was no order or direction or instruction issued in the said circular.6.5. ..... penultimate sentence says that income-tax on inter-corporate dividends received by a company other than a foreign company from any domestic company is limited to 25 per cent thereof, and the ultimate sentence says that the finance act, 1966, had not made any change in the effective rates of tax in respect of inter-corporate dividends. ..... implicitly, therefore, it refers to the earlier circular explaining the finance act, 1965, para 19 whereof we have already analysed. ..... " the interpretation in that case was that no part of that circular has a categorical order, instruction or direction and that circular refers to the finance act, 1965, and not the finance act, 1966. ..... there can be no doubt whatsoever, in the circumstances, that the earlier and later circulars were issued by the board under the provisions of section 37b and the fact that they do not so recite does not mean that they do not bind central excise officers or become advisory in character. ..... sree narayana chandrika trust (1995) 212 itr 456 (ker).5.2. .....