Judgment Search Results Home > Cases Phrase: finance act 1997 section 76 power to remove difficulties Page 1 of about 1,432 results (0.188 seconds)

Shankarlal Vs. Income-tax Officer and ors.

Court : Andhra Pradesh

Reported in : (1998)144CTR(AP)424; [1998]230ITR536(AP); [1998]99TAXMAN500(AP)

..... the central government has power to remove difficulties and the board has the power to make rules. ..... 1993-94 and subsequent years answer : section 64(2)(ii) of the finance act, 1997, lays down that no disclosure of income can be made in respect of the previous year in which a search is initiated or in respect of any earlier previous year. ..... 76 provides that the central government may remove difficulties in giving effect to the provisions of the scheme and this function cannot be delegated to the cbdt under that section. ..... he further submitted that it is for the cit to decide whether any declaration is valid and writ petition filed without approaching the government for clarification and for removal of difficulties if he encountered any, was premature. ..... there is no question of the petitioner violating the interim direction because the direction was only to permit him to make a declaration and if he found that in spite of such permission no purpose would be served or he will be put to further difficulties by making a declaration without clarifying the law, the petitioner cannot be prevented from approaching the court for that purpose. ..... we are, however, constrained to remark that if the revenue envisaged such difficulties in giving effect to the provisions of the scheme, the central government could have removed them by a proper notification or even by prompt attention to this case and clarifying the stand by filing a counter-affidavit. .....

NitIn P. Shah Alias Modi Vs. Dy. C.i.T.

Court : Gujarat

Reported in : (2005)194CTR(Guj)306; [2005]276ITR411(Guj)

..... satisfied. reliance by the assessee on various cbdt circulars for the purpose of showing compliance with section 64(1)(a) of the act, was met with by the assessing officer by stating that the only power that was available with the central government was under section 76 of vdis to remove difficulties in giving effect to the provisions of the scheme, but under the said provisions it was not open to either the central government or central board of direct taxes to issue circulars so as to give fresh legal ..... lacs. that the commissioner of income tax having issued necessary certificate under section 68(2) of the finance act,1997 regarding the fact of payment of tax on the declared income and thus accepting the declaration it was not open to the respondent to go behind the same and state that conditions of section 68(1) of the finance act,1997 were not ..... ). pursuant to the set aside, while framing fresh assessment the assessing officer came to the conclusion that as per provisions of section 68(1) of the finance act,1997 the assessee was not entitled to immunity under vdis in relation to the sum of ..... .65. in the affidavit-in-reply the respondent has referred to his order dated 26/3/2004 disposing of the preliminary objections raised by the petitioner to reiterate that the issue regarding non-fulfillment of condition under section 68(1) of the finance act,1997 was not adjudicated by the tribunal and hence it could not be stated that the tribunal's order covered the grounds of .....

Bhagwan Dass Khanna Enterprises Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2001)78ITD151(Delhi)

..... with a view to securing the benefit under section 80hhd for all the segments of the tourism industry, section 80hhd was amended by the finance act, 1991, w.e.f.1-4-1992, by inserting, inter alia.explanation to sub-section (2) and sub-section (2a), which read as under:-- "explanation. ..... let us now analyze the nature of the amendments made in section 80hhd by the finance act, 1991 in the light of the legal propositions set out in para 6 above. ..... the question whether this provision is retrospective or not.9.1 on a careful consideration of the facts and circumstances of the case in its entirety and in view of the foregoing discussion we hold that the above referred amendments made by the finance act, 1992 by introducing explanation to section 80hhd(2) and sub-section (2a) are retrospective in nature. ..... " 8.2 in cases of doubt or difficulties encountered in ascertaining the true nature of a provision, the statement of objects or the explanatory notes on clauses relating to the amendment can be usefully referred.the relevant note on clauses in the finance bill, 1991 which introduced the amendments under consideration in section 80hhd, has been reproduced in para 4 above. ..... cit.1997] 224 itr 677, it has been held by the apex court that the provisions of the first proviso, which was inserted by the finance act, 1987, w.e.f. ..... a declaratory act may be defined as an act to remove doubts existing as to the common law, or the meaning or effect of any statute. .....

Ags Entertainment Private Limited Vs. Union of India

Court : Chennai

..... 226 of constitution of india praying to issue a writ of declaration or any other appropriate writ, order or direction under article 226 of the constitution of india, declaring that the provisions of section 65(105)(zzzzt) of the finance act, 1994 is beyond the legislative competence of the union of india under article 248 of the constitution of india, and void being repugnant to article 14 and 19(1)(g) of the constitution of ..... of constitution of india praying to issue a writ of declaration or any other appropriate writ, order or direction under article 226 of the constitution of india, declaring that the provisions of section 65(105)(zzzzt) of the finance act, 1994 is beyond the legislative competence of the union of india under article 248 of the constitution of india, and void being repugnant to articles 14 and 19(1)(g) of the constitution of ..... before the hon'ble supreme court, contending that hire purchase/leasing is deemed to be a sale and any attempt to levy service tax on the same transaction will amount to colourable exercise of power and when sales tax is paid for transfer of right to use the goods, particularly, when such transfer is a deemed sale under article 366 (29a), it is not open to the ..... ,v union of india [(1997) 5, scc536, held that in the matter of taxation laws the court permits a great latitude to the discretion of the legislature and the state is allowed ..... by virtue of the 1997 amendment service provided to a client by mandap-keepers including the services ..... 1997 .....

G.V.Matheswaran Vs. the Union of India

Court : Chennai

..... dealers association versus union of india, ministry of finance, department of revenue, central board of excise and customs.new delhi-1 and 4 others.two writ petitions were filed seeking to declare section 65(105)(zzzze) of chapter v of the finance act, 1994 (as amended by the finance act 2 of 2009) as null and void in and by which, an information technology software is also brought under the meaning of taxable service and the said amendment was brought in by virtue of residuary power under entry 97 of list i of schedule vii ..... narain singh, the full bench of the delhi high court held that it would be permissible for the legislature to remove a defect in legislation and it can be removed both retrospectively and prospectively by legislative action and the previous actions can be validated. ..... 33 w.p.nos.14887, 19322, 20982 and 24804 of 2010 are filed seeking a writ of prohibition prohibiting the respondents from (a) giving effect to the provisions of section 65(90a) read with section 65(105)(zzzz) of the finance act, 1994 as amended by the finance act, 2007 and finance act, 2010 (b) levying or attempting to levy, collect or recover from the petitioner, any service tax under the said provisions and (c) levying or attempting to levy, collect or recover from the land owners of the petitioner, any service .....

Commissioner of Income-tax, Kerala Vs. K. Srinivasan

Court : Supreme Court of India

Reported in : AIR1972SC491; [1972]83ITR346(SC); (1972)4SCC526; [1972]2SCR309

..... on a reference being sought the following question of law was referred to the high court :-whether the words 'income tax' in the finance act of 1964 in sub-section (2)(a) and sub-section (2)(b) of section 2 would include surcharge and additional surchargethe high court answered the question in the negative and m favour of the assessee.3. ..... although under the act section 4 is the charging section income tax can be charged only where the central act which, in the present case, will be the finance act enacts that income shall be charged for any assessment year at the rate or rates specified therein. ..... it is in exercise of the legislative power conferred by that entry that the union parliament enacts the provision in the finance act each year relating to them. ..... the legislative power of parliament to levy taxes and duties is contained in articles 245 and 246(1) read with the relevant entries in list i of the seventh schedule.9. ..... the power to increase federal tax by surcharge by the federal legislature was recommended for the first time in the report of the committee on indian constitutional reforms, vol. .....

Kanoria Industries Ltd. Vs. Union of India (Uoi)

Court : Karnataka

Reported in : 2005(190)ELT295(Kar)

..... any provisions of law or rule and therefore there was no occasion at all for the parliament to have enacted a validating levy and if there was no occasion, the very provisions of section 112 of the finance act, 2000 cannot be sustained inasmuch as it is the submission of learned counsel for the petitioners that there was no cause of action for the parliament to make such a law, which ..... petitioner has been deprived of modvat credit to which the petitioners are otherwise entitled to in terms of the rules governing allowing of modvat credit, only because of the provisions of section 112 of the finance act, 2000, the petitioners are entitled to question the legality of this provision and further submits that even the supreme court while disposing of the review petition in the case of ..... the petitioners is that a validating legislation as section 112 of the finance act, 2000 is being described as one, is essentially legislated for the purpose of validating an earlier levy through a statute, a statute which has been declared invalid or unconstitutional and by removing the invalidity in such law. ..... that had been availed by the petitioner on the hsd oil used as input for production of electricity in turn used for manufacturing cement during the period december 1997 to march 1998, which credit though availed of by the petitioner was directed to be reversed in terms of endorsement dated 19-6-2000 issued by the superintendent of central excise, ..... for the period september 1997 to december 1997. ..... 1997 .....

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2007)288ITR226(Hyd.)

..... senior standing counsel for the department, at paragraph 22 on page 13 of his written submissions), stated as follows: as seen from the finance acts of 1995, 1996 and 1997 (in the case of domestic companies) and finance acts of 1999 and 2000 (in the case of all assessees), the parliament provided for levy of surcharge on the incomes assessable under section 113 of the act, but did not stipulate the rate of surcharge may be because the parliament opined that it was not specifically required ..... (m) the national conference of chief commissioners of income-tax (2001) 252 itr 49 (journal) made a suggestion to amend section 113 retrospectively, after recognising the difficulty, but despite the specific recommendation, the amendment was brought into force only with effect from 1.6.2002.4.2 referring to the stand of the revenue that parliament has legislative power which is derived from entry 82 in the union list and articles 265, 270 and 271 of the constitution of india, ..... was an inconsistency and it was removed by amending section 113 with effect from 1.6.2002 after which no dispute is raised at all.4.3 there are inconsistencies firstly that while sub-section (8) of section 2 of the finance act, 1999, wherein surcharge is sought to be imposed on the tax determined under section 113, appears in part iii relating to advance tax and the tax to be deducted at source under sections 172(4), 175 and 176(2) of the act, the second proviso requires that tax so chargeable shall be increased by a .....

Karvy Consultants Limited Vs. Government of India

Court : Andhra Pradesh

Reported in : 2006[]STR75

..... after strictly construing section 65(19) of the finance act, 2003, that the functions of the registrar and share transfer agent is a service rendered which is in the nature of incidental or auxiliary support service rendered in the contract of sale of goods ( ..... , during the relevant period, as share transfer agent, is in the nature of incidental or auxiliary support service in the sale of goods (securities) belonging to the client and falls within the purview of section 65(19)(iv) of the finance act, 2003, that the impugned show cause notice merely demanded service tax on service charges collected by the petitioner towards such services rendered from 1-7-2003 to 31-1-2004, that the show cause notice was issued ..... - for the removal of doubts, it is hereby declared that for the purposes of this clause, 'information technology service' means any service in relation to designing, developing or maintaining of computer software, or computerized data processing or system networking, or any other service primarily in relation to operation of computer systems.section 65(19), as amended by finance act, 2004 with effect from 10-9-2004, reads thus :-business auxiliary service' means any service in relation to :-(i) promotion or marketing or sale of goods produced or provided by or belonging .....

State of West Bengal Vs. Calcutta Club Limited

Court : Supreme Court of India

..... . twelve more services were brought under the service tax net by the finance act, 1997 and its scope was further enlarged by the finance act, 1998 when twelve more services were brought under the service tax net ..... . if we construe the word constitute in the larger sense, as indicated above, the difficulty in which the learned chief justice of the calcutta high 71 court found himself, would be obviated inasmuch as the section would take in cases both of firms coming into existence by virtue of written documents as also those which may have initially come into existence by oral agreements, but which had subsequently been constituted under written ..... shri rakesh dwivedi, learned senior advocate appearing on behalf of the appellants, referred to the sixty-first law commission report on certain problems connected with powers of the states to levy a tax on the sale of goods and with the central sales tax act, 1956 (may, 1974) (hereinafter referred to as the 61st law commission report ), which preceded the enactment of article 366(29-a) of the constitution of india; the statement of objects and reasons appended to the constitution ..... the question now to be considered is , whether is desirable that the taxability of such transactions should be provided for by expanding the concept of sale for the purpose of the legislative power of the states, a result which can be achieved only by amending the constitution. 1d.7. ..... power to dispense with limited in name of charitable or other company. .....