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Commissioner of Income Tax, Jalpaiguri Vs. Om Prakash Mittal

Court : Supreme Court of India

Reported in : (2005)194CTR(SC)97; 2005(184)ELT3(SC); [2005]273ITR326(SC); JT2005(2)SC538; (2005)3MLJ48(SC); (2005)2SCC751

..... in the earlier proviso has been substituted by the expression 'one hundred thousand rupees' by the finance act, 1995 w.e.f. ..... complexity of the investigation involved therein, the settlement commission may, by order, allow the application to be proceeded with or reject the application : provided that an application shall not be rejected under this sub-section unless an opportunity has been given to the applicant of being heard :provided further that the commissioner shall furnish the report within a period of forty-five days of the receipt of communication from the settlement ..... the income disclosed in the application as if such aggregate were the total income;(iii) if the proceeding pending before the income-tax authority is in the nature of a proceeding for reassessment of the applicant under section 147 or by way of appeal or revision in connection with such reassessment, and the applicant has not furnished a return in respect of the total income of that year in the course of such proceeding for ..... on an application made in this behalf by the assessee, that he is unable for good and sufficient reasons to pay the additional amount of income-tax referred to in sub-section (2a) within the time specified in that sub-section, it may extend the time for payment of the amount which remains unpaid or allow payment thereof by instalments if the assessee furnishes adequate security for the payment thereof. ..... by the taxation laws (amendment) act, 1975 (in short the 'amendment act') w.e.f. .....

The International Association For Protection Of Intellectual Property ...

Court : Supreme Court of India

..... members of the appellate board appointed after the commencement of part xiv of chapter vi of the finance act, 2017 (7 of 2017), shall be governed by the provisions of section 184 of that act: provided that the chairperson, vice-chairperson and other members appointed before the commencement of part xiv of chapter vi of the finance act, 2017 (7 of 2017), shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, 2017, had not come into force17. ..... by virtue of the provisions of part xiv of the finance act 2017, 25 (twenty- five) central enactments were amended so that, from the appointed date, firstly, 5 provisions relating to terms and conditions of service of the members of those tribunals were substituted with provisions allowing the central government to specify the same with rules under the finance act. ..... 6in a part entitled part xiv amendments to certain acts to provide for merger of tribunals and other authorities and conditions of service of chairpersons, members, ..... , the amendments brought about through sections 184, in terms of the maximum age up to which any member or chairperson can hold office in a tribunal could not apply in the case of the board ..... order of appointment as chairperson of the board was amended on 29.12.2017 by the central government. ..... however, that order was amended to specifically read that the order that the appointment would cease upon completion of a specific date, .....

Union Of India Vs. M/s Mohit Minerals Pvt. Ltd.

Court : Supreme Court of India

..... the notices and orders were challenged on the ground that the authorities did not have the jurisdiction to issue them since the amendments introduced to section 25(1) of the kvat act through the kerala finance acts 2017 and 2018 did not operate retrospectively. ..... prima facie, it appears that while issuing the impugned notification, the delegated legislature had in mind the provision of the finance act, 1994, rather than keeping in mind the object of bringing the gst by making the constitutional (101st) amendment act, 2016 to merge all taxes levied on the goods and services to one tax known as the gst.133. ..... since the power flows from section 5(3), the government can by a notification only specify the categories of supply , as the liability for tax has been determined by parliament; (c) in contrast with section 5(3), prior to the introduction of gst, section 68(2) of the finance act 1994 provided that the service tax shall be paid by such person as may be prescribed . ..... a class of registered persons who shall, in respect of supply of specified categories of goods or services or both received from an unregistered supplier, pay the tax on reverse charge basis as the recipient; (d) the reliance placed by the government on the amended section 5(4) of the igst act to justify notification 10/2017 is erroneous as: there was no power to issue a notification specifying the class of registered person liable to pay tax under reverse charge basis under .....

Vivek Narayan Sharma Vs. Union Of India

Court : Supreme Court of India

..... bench of this court in the case of rojer mathew (supra) considered the question, as to whether section 184 of the finance act, 2017, which does not prescribe qualifications, appointment, term and conditions of service, salary and allowances, ..... is to be noted that after the ordinance of 1946 was promulgated, the rbi act was amended vide act no.62 of 1956 and section 26a was added, thereby specifically providing that no bank note of the denominational value ..... palpably arbitrary exercises which can be declared void under the 14 amendment; and such judgment cannot be pronounced of the ordinance in ..... it is enough to say that we have tried, so far as that amendment is concerned, to declare in words, and the cases illustrate by examples, the wide range which legislation ..... rbi act would also show that it was amended in the year 2016 with effect from 27th june 2016 by act no.28 ..... of the ordinance is to raise revenue, and that its classification has no relation to such purpose, and therefore is arbitrarily discriminatory, and thereby offends the 14th amendment of the constitution of the united states. ..... amendment, it was stated in the preamble that, whereas it was essential to have a modern monetary policy framework to meet the challenge of an increasingly complex economy, and whereas the primary objective of the monetary policy is to maintain price stability while keeping in mind the objective of growth and whereas the monetary policy framework in india shall be operated by the rbi, the rbi act .....

Gvk Inds. Ltd and Anr Vs. The Income Tax officer and Anr

Court : Supreme Court of India

..... the said explanations read as under: "as amended by finance act, 2010 explanation. ..... as amended by finance act, 2007 ..... the high court referred to clause (b) of sub-section 2 of section 5 and section 9 of the act and adverted to the expression all income accruing or arising, whether directly or indirectly, through or from any business connection in india, or through or from any property in india, or through from any asset or source of income in india or through the transfer of a capital asset situate in india and thereafter referred to section 163(1)(b) which uses the expression "business connection" and thereafter referring to various authorities, culled ..... the company took steps to comply with the said order but afterwards on october 25,1995 the revisional authority revoked the earlier order and directed the company to deduct tax and pay the same to the credit of the central government as a condition precedent for issuance of the 'no objection certificate' ..... justifying the order of revocation by the commissioner of income-tax, it was set forth that order dated 21.03.1995 was only an interim order and the final order came to be passed on 25.10.1995 by which the revision was dismissed. ..... no.6866 of 1995 for issue of writ of certiorari for quashing of the orders passed by the income-tax officer and that of by the revisional ..... on march 21, 1995 the second respondent permitted the appellant-company to remit the said sum to the nrc by furnishing a bank guarantee for the amount of tax .....

Commissioner of Income-tax, Gujarat Vs. Girdhardas and Company Private ...

Court : Supreme Court of India

Reported in : AIR1967SC795; [1967]63ITR300(SC); [1967]1SCR777

..... even after the amendment by the finance act, 1955, the language of the clause was found to be somewhat inapt and the legislature by the finance act 1956 recast clause(c). 8 ..... 2(6a)(c) of the income-tax act as amended by the finance act, 1956. ..... 2(6a)(c) as amended by the finance act, 1956, is fairly clear ..... by the finance act, 1955, the proviso to clause(c) was deleted and in consequence thereof the limitation relating to the period during which the profits were accumulated ceased to apply in the determination whether the amount distributed by the ..... 3 of the finance act, 1956, with effect from april 1, 1956, the following clause (c) was substituted : '(c) any distribution made to the shareholders of a company on its liquidation, to the extent to which the distribution, is attributed to the accumulated profits of the company ..... 3 of the finance act, 1955, the proviso to clause(c) was deleted and by ..... 2(6a)(c) declares that though under law, apart from the section, it would be capital and, therefore, not chargeable, it shall be regarded as dividend and taxed as such in the hands of the shareholders.' 10 ..... of the indian income-tax act, 1922, and the reasons for enacting and amending that clause. ..... reference was transferred after reorganisation of the state under the bombay state reorganisation act, 1960, to the high court of gujarat for hearing and disposal. ..... 2(6a)(c) is not a charging section which levies tax on a particular fund from out of which a limited fund is carved out by the proviso .....

Larsen and Toubro Ltd., Mumbai Vs. State of Bihar and ors.

Court : Supreme Court of India

Reported in : 2003(3)BLJR2228

..... have also submitted that unless the follow up legislation to section 21 (1) of the bihar finance act is enacted, the said section 21 (1) of the act would not become workable and in the matter of works ..... .' (emphasis supplied) further we find at page 549 the phrase 'as may be prescribed' has been indicated to mean as follows:'the phrase 'as may be prescribed' in constitutional amendment authorizing certain cities to adopt or amend their charters, subject to such limitations as may be prescribed by legislature means that future legislation, as well as that existing when city first takes out or emends charter may limit its action ..... the supreme court after appreciating the rival contentions observed that in view of the legal fiction introduced by the amendment, a single contract would become divisible one and to give the value of the goods involved in the execution of a works contract on which taxis leviable must excluded the ..... the supreme court observed as under: 'keeping in view the legal fiction introduced by the forty-sixth amendment whereby the works contract which was entire and indivisible has been altered into a contract which is divisible into one for sale of goods and other ..... deductions are to be given or extended in favour of the works contractor.the supreme court in the present matter referred to the historic background leading to the enactment of 46th amendment and also referred to the judgment of the supreme court in the matter of builders association of india (supra). .....

The Income Tax Officer, Vs. Urban Improvement Trust

Court : Supreme Court of India

..... that urban improvement trust might have been earlier getting benefit of wide definition of local authority prior to amendment by finance act, 2002 but after amendments in section 10(20) by finance act, 2002, urban improvement trust is no longer included in the definition of local authority. ..... and another, (2008) 9 scc434 in the above case, this court had examined the explanation to section 10(20) as amended by finance act, 2002 and the definition of local authority contained therein. ..... a judgment delivered by this very bench had considered in detail the object and purpose of section 10(20a), the object and purpose of finance act, 27 2002 amendment adding the explanation to section 10(20) and deletion of section 10(20a).35. ..... assessee refuting the 8 submission of appellant contends that urban improvement trust is fully covered by the definition of local authority as contained in explanation to section 10(20) as amended by finance act, 2002. ..... section 10(20a), which existed prior to amendments made by finance act, 2002 exempted any income of an authority constituted in india by or under any law enacted either for the purpose of dealing with and satisfying the need for housing accommodation or for the purpose of planning, ..... section 10(20) as amended by finance act, 2002 is as follows:- 10(20) the income of a local authority which is chargeable under the head "income from house property", "capital gains" or "income from other sources" or from a trade or busi- ness carried on by it which .....

C.W.S. (India) Limited Vs. Commissioner of Income Tax

Court : Supreme Court of India

Reported in : [1994]208ITR649(SC); JT1994(3)SC116; 1994(1)SCALE840; 1994Supp(2)SCC296; [1994]2SCR247

..... with effect from april 1, 1963, as substituted by finance act, 1964, read as follows:40 amounts not deductible: notwithstanding anything to the contrary in sections 30 to 38, the following amounts shall not be deducted in computing the income chargeable under the head 'profits and gains of business or profession-(c) in the case of any company(iii) any expenditure incurred after the 29th day ..... by finance act, 1968, sub-clause (iii) in clause (c) of section 40 was deleted and in its place sub-clause (v) was introduced in clause (a) of section 40 ..... expenditure any payment by way of gratuity or the value of any travel concession or assistance referred to in clause (5) of section 10 or passage moneys or the value of any free or concessional pat-sage referred to in sub-clause (i) of clause (6) of that section or any sum referred to in clause (viii) of sub-section (1) of section 17 or in clause (v) of sub-section (2) of that section or the amount of any compensation referred to in clause (i) or any payment referred to in clause (ii) of sub-section (3) of that section or any payment referred to hi clause (iv) or clause (v) of sub-section (1) of section 36 shall not be taken into account.3. ..... as introduced by the said finance act, the sub-clause read as ..... the sub-section has been amended later in certain respects, but it is not necessary to notice them for the purpose of these ..... the sub-section has been omitted altogether by direct tax laws (amendment) act, 1987 with effect from april 1, 1989 .....

Commissioner of Income Tax Vs. Hindustan Bulk Carriers

Court : Supreme Court of India

Reported in : AIR2003SC3942; (2003)179CTR(SC)362; (2003)2MLJ65(SC); (2003)3SCC57; [2002]SUPP5SCR387

..... in the earlier proviso has been substituted by the expression 'one hundred thousand rupees' by the finance act, 1995 w.e.f. ..... prior to finance act, 1987, the corresponding sections pertaining to imposition of interest used the expression 'may' but the change brought about in the finance act, 1987 is a clear indication that the intention of the legislature was to make the ..... for this case read as under:-'it is no doubt true that the terminology 'settlement' has a very wide dictionary meaning and in the absence of a statutory definition generally the word 'settlement' in sub-section (4) of section 245-d would give the commission sufficient power to arrive at a settlement which it deems fit, but when the statute qualifies such expression like 'settlement' with mandatory words like 'in accordance with the provisions of this ..... and one-half per cent for every month or part of a month comprised in the period from the 1st day of april next following such financial year to the date of determination of total income under sub-section (1) of section 143 and where a regular assessment is made, to the date of such regular assessment, on an amount equal to the assessed tax or, as the case may be, on the amount by which the advance tax paid as ..... xix-a providing forum and procedure for 'settlement of cases' was introduced in the it act by taxation laws (amendment) act 1975 published in the gazette of india extraordinary part ii dated 9th may, 1973 (pages ..... andreasons for the amendment reads thus:31 .....