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. .....
Tag this Judgment!Court : Karnataka
Reported in : (1999)154CTR(Kar)564; [1999]237ITR630(KAR); [1999]237ITR630(Karn)
..... explanation iii has been inserted by the finance act, 1995, with effect from july 1, 1995, and as per explanation iii for the purposes of section 194c the expression 'work' shall include :--(a) advertising ;(b) broadcasting and telecasting including production of programmes for such broadcasting or telecasting ;(c) carriage of goods and passengers by any mode ..... it is only by virtue of explanation iii added by the finance act, 1995, that advertising, broadcasting, telecasting, carriage of goods and passengers by ..... inserted by the finance act, 1995, by which ..... ; that on which exertion or labor is expended a product of activity or labor ; as, a literary work ; needlework or embroidery ; an engineering structure, as a bridge or dock ; workmanship [[ : as, to do good work ; a task or undertaking ; as, one's life's work ; a deed or act.in encyclopaedia britannica the word 'work' has been defined as work, in physics, measure of energy transfer that occurs when an object is moved over a distance by an external force at least part of which applied in the direction of the displacement. ..... by amendment by the finance act, 1995, this ..... (2) any person (being a contractor and not being an individual or a hindu undivided family) responsible for paying any sum to any resident (hereafter in this section referred to as the sub-contractor) in pursuance of a contract with the sub-contractor for carrying out, or for the supply of labour for carrying out, the whole or any part ..... the subsequent amendments.17. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Karnataka
Reported in : (2002)174CTR(Kar)412; ILR2002KAR284; [2002]255ITR502(KAR); [2002]255ITR502(Karn)
..... section, the word 'enquiry' has been inserted by the finance act of 1995 with effect from july 1, 1995 ..... however, after the amendment by insertion of the word 'enquiry' in section 133(6) of the act, a second proviso was also inserted which provides that in respect of an enquiry, in a case where no proceeding is pending, the power shall not be exercised by any income-tax authority below the rank of director or commissioner without the prior approval of the director or, as the case may be, the commissioner, therefore, even after the amendment in the absence of prior approval no such information ..... prior to the amendment when similar notices were issued calling for information without any proceeding pending under the act, in the aforesaid decisions of the bombay and calcutta high courts it was held that the requirement of section 133(6) of the acts were not satisfied and in the absence of any pending enquiry such information could ..... he also submitted that in the calcutta case there is a mention about the amended act, but since no permission was accorded, the issuance of notice was set aside and that case will not be helpful and the learned single judge has rightly distinguished those cases ..... though each case depends upon the facts of its own, as stated and discussed the amendment is clear that prior approval is necessary before proceeding with the enquiry, meaning thereby the authorities can seek information or collect information with a view to make enquiry and it is not necessary that .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR80; 2005(1)KarLJ539
..... court was concerned only with regard to the initial levy in terms of section 3-a of the taxation act as amended in terms of the amendment act 1995. ..... according to the learned counsel, the act was amended in terms of annexure 'c' thereby introducing a period of 2 years in addition to equity investment in karnataka infrastructure development and finance corporation. ..... 'd' is the order of the division bench thereafter, the first respondent introduced an amendment by act iv/1998 by which the purpose of levy for bangalore mass rapid transit system was sought to be changed to 'for a period of two years with effect from 1.4.1998 for equity investment in the karnataka infrastructure development finance corporation. ..... after 1995, the government has removed the words 'bangalore mass rapid transit system and instead added the words 'karnataka infrastructure development finance ..... this was amended in 1998 and the amendment provides for the words 'for the purpose of bangalore mass rapid transit system' the words 'for a period of two years with effect from the first day of april 1998 for the purpose of equity investment in the karnataka infrastructure development and finance corporation' shall be substituted and the words 'within the limits of bangalore city planning area' shall be ..... the fact the karnataka infrastructure development and finance corporation has nothing to do with either the maintenance, improvement or the creation of roads in terms of the karnataka motor vehicles taxation act, 1957. .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(171)LC1(Karnataka); 2009(4)KarLJ683
..... submission of sri rajesh chander kumar, learned counsel for the petitioner is that levy of interest under section 11aa is a subsequent liability introduced to the act by way of amendment to the parent act by the finance act, 1995; that the duty liability of the petitioner for the said periods had already been finalised in the year 1992 when the demand was finalised in terms of rule 173-i of the central excise rules, ..... and therefore there was no occasion for the revenue to have invoked the provisions of section 11a as it was never the case of the revenue that the ..... unfortunately for the assessee, the legislature introduced the provisions of section 11aa of the central excise act by way of finance act, 1995 and with effect from 26-5-1995.section 11aa reads as under:section 11aa. ..... the date immediately after the expiry of the said period of three months till the date of payment of such duty:provided that where a person chargeable with duty determined under sub-section (2) of section 11a before the date on which the finance bill, 1995 receives the assent of the president, fails to pay such duty within three months from such date, then, such person shall be liable to pay interest under this .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Karnataka
Reported in : (1998)144CTR(Kar)570; [1998]230ITR622(KAR); [1998]230ITR622(Karn); [1998]101TAXMAN119(Kar)
..... thus it may be noticed that on the provision in question being amended by the finance act, 1995, and queries being raised by the trade association as regards the implications of the said provision, clarification has been given, as explained above, as regards the scope and ambit of the said provisions ..... the first respondent at the relevant time holding the post of deputy commissioner of income-tax (tds) and also being concerned with effective implementation of the amended provisions of section 194c of the act was also present at the interface meeting along with other senior officials of the department. ..... therefore, the first and foremost question to be considered is as to whether the replies/clarifications/instructions given by the first respondent-deputy commissioner of income-tax, or for that sake, given by any of the income-tax authorities referred to in section 116 of the act has any statutory sanction so as to bind the persons governed by the provisions of the act and thereby giving rise to a cause of action for interference under the writ jurisdiction. 8. ..... similarly, under section 119 of the act a power has been reserved in favour of the central board of direct taxes (in short 'the board') to issue instructions to subordinate income-tax authorities for proper administration of the act and who are required to observe and follow such ..... as a matter of fact under section 298 of the act, such a power has been specifically conferred upon the central government subject to various .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Karnataka
Reported in : [2001]121STC465(Kar)
..... additional duties of excise (goods of special importance) act, 1957 was amended by finance act, 1995 and entry 58.06 was worded as under :'narrow woven fabrics (other than tulles, other net fabrics and goods of heading nos. ..... , :'in this schedule, 'heading', 'sub-heading' and 'chapter' means respectively a heading, sub-heading and chapter in the schedule to the central excise tariff act, 1985, the section and chapter notes and the general explanatory notes of the said schedule shall, so far as may be, apply to the interpretation of the schedule. ..... the assessing authorities shall take a final decision on the notices issued by them under section 12-a or under section 31-a of the kst act after taking into consideration the objections filed by the manufacturers/traders in accordance with law without influencing itself in any way by any of the observations made by the learned single judge. ..... notices under section 12-a of the kst act for reassessment for the period march 16, 1995 to march 31, 1995 and for the assessment years 1995-96 and 1996-97 were issued to some of the manufacturers-dealers.8. ..... sections 29(1)(e) and 29(2)(c) of the kst act read as under :'29(1) any person who,(e) fails to keep true and complete accounts ; or(2)(c) fails to submit a statement as required by sub-section (1) of section 12-b ; or' (sic), section 29(2)(c) at the relevant time reads as under :'29(2)(c) fraudulently evades the payment of any tax or other amount payable by him under this act ; or.'--ed.7. .....
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