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Commercial Tax Officer Vs. C.P.D. Computer Peripheral Devices Private ...

Court : Chennai

Reported in : (2009)21VST581(Mad)

..... section 3 of the finance act, 1999 provides for amendment to section 2 of the income-tax act. ..... section 7 of the finance act, 1999 provides for insertion of section 10c, which provides that after section 10b of the income-tax act, the following section shall be inserted, namely:10c. ..... for example, the finance act, 1999 made certain extensive amendments to the income-tax act. ..... section 89 of the finance act, 1999 provides for omission of tenth schedule of the income-tax act which reads that 'the tenth schedule of the income-tax act shall be omitted with effect from the 1st day of april, 2000'. ..... state of tamil nadu rejected the same on the ground that sections 37 and 38 of the tngst act, which were amended by 1992 act to have the effect as 'special tribunal' has not been re-amended as 'high court' and as such, no revision was maintainable before the high court.11. ..... section 42 of 1992 act did not have the effect of bringing about the textual amendment to sections 37 and 38 of the tngst act, 1959. ..... there is actually no amendment carried out to the tngst act, but by fiction of use of the words 'as if', sections 37 and 38 have to be read as though the power of appeal and revision is vested upon the special tribunal and imagine so for the purpose of 1992 act. ..... section 24 of the act falls partly as amendment through another independent legislation and partly amendment by incorporation and partly by use of legal fiction. .....

Coral Cosmetics Ltd. Vs. Union of India (Uoi)

Court : Mumbai

Reported in : 2009[16]STR371

..... be, which have been taken or utilised but which would have been lapsed, or as the case may be, would not have been allowed to be taken or utilised, if the amendments made by sub-section (1) had been in force at all material times, within a period of thirty days from the day, the finance act, 1999 receives the assent of the president and in the event of non-payment of such credit of duties within this period, in addition to the amount of credit of such duties ..... jetly submits that section 37(2) (xxviii) of the said act red with rule 57f(17)(e) of the said rules as amended by sections 131 and 132 of the finance act, 1999 with retrospective effect make it abundantly clear that credit of duty lying unutilised as on 1-10-1997 stood lapsed. ..... in other words, section 131 of the finance act, 1999 has not altered the basis of the judgment of the supreme court since it does not amend rule 57-a as such in his submission, vested right still continues.15. mr. ..... by section 132 of the finance act, 1999, sub-rule 57-f(17) as inserted by central excise (amendment) rules, 1997 came to be validated from 1st march, 1997 and clause (e) of sub-rule (17) inserted by the central excise (elevent amendment) rules came to be validated with effect from 1st day of october, 1997. ..... this finance act of 1999, the text of which is reproduced herein below:131: amendment of section 37. .....

Patel Engineering Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)94ITD411(Mum.)

..... besides, if we were to compare sub-section (4a) of section 80-ia, which stands replaced by sub-section (4) of section 80-ia by the finance act, 1999, we find that in clauses (i), (ii) and (iii) of the earlier sub-section (4a), the word "enterprise" was used, but in the replaced (new) sub-section (4) in the corresponding sub-clauses (a), (b) and (c) the word "enterprise" has been replaced by the word "it".obvious as it is, reading in the above context, it is amply clear that in sub-section (4), as amended by the finance act, 1999, the word "it" needs appropriately to be interpreted to mean "enterprise". ..... we have noticed above that the amendment brought in by the finance act, 1999 was with the sole intention/purpose of providing deduction under section 80-ia to the person, who only develops or who only maintains and operates an infrastructure facility. ..... after the amendment of section 80-ia by finance act, 1999, the deduction is permissible to any enterprise, which is carrying on the business of only developing (i.f. ..... section 80-ia was further amended/modified by the finance act, 1999 w.e.f. ..... after the modification effected by finance act, 1999 w.e.f.1st april, 2000, deduction under section 80-ia(4) has become available to any enterprise carrying on the business of (i) developing, or (ii) maintaining and operating, or (iii) developing, maintaining and operating any infrastructure facility. ..... . the finance act, 1999 has enlarged the scope of section 80-ia and with effect from asst .....

Birla at and T Communication Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... assessee has drawn attention to the fact that realising the difficulties which the assessees were facing where the payment of the fees has been made prior to the setting up of the telecom business, s.35abb was amended by the finance act, 1999, with retrospective effect from 1st april, 1996, to provide that irrespective of the fact that the payment of the licence-fees had been effected prior to the commencement of the business, the assessee ..... . the section was amended by the finance act, 1999, with retrospective effect from 1st april, 1996, and after the amendment, the relevant portion of the section stood as under : 35abb ..... it was further pointed out that the finance act, 1997 made the provisions of the section retrospective from 1st april, 1996 and ensured that even those instalments of licence-fees which were paid prior to 1st april, 1996 would be eligible for deduction for the balance period of the licence ..... . attention was also drawn to the notes on clauses of the finance bill, 1999 [(1999) 236 itr (st) 30, 170] wherein the reason for the amendment was given as under : rationalisation of the provisions relating to allowance for telecommunication licence fees ..... the argument that the proposed amendment to these provisions in the finance bill of 1999 would suggest that the issue was unclear and hence debatable at the relevant point of time does not appear correct, as the law had to be applied as it stood at the relevant point of time. .....

Birla at and T Communication Ltd. Vs. Joint Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2001)77ITD142(Mum.)

..... assessee has drawn attention to the fact that realising the difficulties which the assessees were facing where the payment of the fees has been made prior to the setting up of the telecom business, section 35abb was amended by the finance act, 1999, with retrospective effect from 1-4-1996 to provide that irrespective of the fact that the payment of the licence fees had been effected prior to the commencement of the business, the assessee can ..... . the section was amended by the finance act, 1999, with retrospective effect from 1-4-1996 and after the amendment, the relevant portion of the section stood as under : ..... it was further pointed out that the finance act, 1997 made the provisions of the section retrospective from 1-4-1996 and ensured that even those instalments of licence fees which were paid prior to 1-4-1996 would be eligible for deduction for the balance period of the licence and therefore the ..... . attention was also drawn to the notes on clauses of the finance bill, 1999 (236 itr, 170 statutes) wherein the reason for the amendment was given as under: rationalisation of the provisions relating to allowance for telecommunication ..... the argument that the proposed amendment to these provisions in the finance bill of 1999 would suggest that the issue was unclear and hence debatable at the relevant point of time does not appear correct, as the law had to be applied as it stood at the relevant point ..... the return was processed under section 143(1)(a) of the act and an intimation was drawn up on .....

Berla Atandt Communication Ltd. Vs. Joint Commissioner of Income Tax

Court : Mumbai

Reported in : (2000)67TTJ(Mumbai)648

..... assessee has drawn attention to the fact that realising the difficulties which the assessees were facing where the payment of the fees has been made prior to the setting up of the telecom business, section 35abb was amended by the finance act, 1999, with retrospective effect from lst april, 1996, to provide that irrespective of the fact that the payment of the licence-fees had been effected prior to the commencement of the business, the assessee ..... the section was amended by the finance act, 1999, with retrospective effect from 1-4-1996, and after the amendment, the relevant portion of the section stood as under :35abb. ..... it was further pointed out that the finance act, 1997 made the provisions of the section retrospective from 1-4-1996 and ensured that even those instalments of licence-fees which were paid prior to 1-4-1996 would be eligible for deduction for the balance period of the licence and therefore, the provision ..... attention was also drawn to the notes on clauses of the finance bill, 1999 ((1999) 152 ctr (st) 40 : (1999) 236 itr 30 wherein the reason for the amendment was given as under . ..... the argument that the proposed amendment to these provisions in the finance bill of 1999 would suggest that the issue was unclear and hence debatable at the relevant point of time does not appear correct, as the law had to be applied as it stood at the relevant point of time. .....

Commissioner of C. Ex. Vs. Saktigarh Textile Industries Pvt. Ltd.

Court : Kolkata

Reported in : 2005(188)ELT8(Cal)

..... ascertain the intention of the legislature in the process of amendment of section 35h through the finance act, 1999, we had looked into the finance bill, 1999 which does not indicate any reason for such amendment which would lead us to hold that the legislature had intended to circumscribe the limitation to an extent to denude the high court of its power to condone the delay which is otherwise available by reason of the provisions of section 4 to 24 of the limitation act, as contemplated under section 29(2) thereof. ..... , has raised a very interesting point on a question of law as to the applicability of section 5 of the limitation act in order to assail the maintainability of the application for condonation of delay in filing the reference.1.1 he drew our attention to section 35h of the central excise act, 1944 and points out that this section 35h was inserted by finance act, 1999 replacing the earlier provisions where the period of limitation was less than the period of limitation provided in the amended provision. ..... not possible to ascertain from the statement of reasons and objects of the finance bill, 1999 the reason for amendment of section 35h extending the period of limitation to 180 days.5.1 in these circumstances, this question has to be dealt with on the basis of the provisions contained in the central excise act, particularly, section 35h and the limitation act having reference to the scheme of the central excise act.high court: reference : extent of jurisdiction :6. .....

Commissioner of Central Excise Vs. Power Controls Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : (2004)(93)ECC238

..... the common issue raised in the appeals at the instance of revenue is whether commissioner (appeals) was justified in holding that no penalty under section 11ac could be imposed by departmental officers till amendment to section 33 by finance act, 1999 came into effect that abatement claimed by the assessee under section 4(4)(d)(ii) has to be allowed and that the quantum of duty demanded is to be re-quantified treating the price realised by the appellant as inclusive of the duty payable. ..... prior to the amendment to section by the finance act, 1999 departmental officers were empowered to impose such penalties as prescribed under rules made under the act and could not impose penalty prescribed in any section of the act including section 11ac incorporated in the act as on 28-9-1996. ..... - where by the rules made under this act anything is liable for confiscation or any person is liable to a penalty, such confiscation or penalty may be adjudged - after the amendment by finance act, 1999 the section reads as follows :- "section 33. ..... we, therefore, modify the order passed by the commissioner (appeals) vacating his finding on the applicability of section 11ac for the period before amendment of section 33 by the finance act, 1999. ..... we, therefore, disagree with the view taken by the commissioner (appeals) on the applicability of section 11ac for the period before section 33 was amended by finance act, 1999.7. .....

Mohan Breweries and Distilleries Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2008)114TTJ(Chennai)532

..... cost of repetition, we make it clear that the case law relied on by the departmental representative are delivered before the amendment to section by finance act, 1999. ..... law are relating to the assessment years prior to the amendment inserted by finance act, 1999. ..... amendment by the finance act, 1999 ..... of determining the quantum of deduction under that sub-section for the assessment year immediately succeeding the initial assessment year or any subsequent assessment year, be computed as if such eligible business were the only source of income of the assessee during the previous year relevant to the initial assessment year and to every subsequent assessment year upto and including the assessment year for which the determination is to be made.section 80-ia as enacted by finance act, 1999 w.e.f. ..... the amendment the initial assessment year was defined in the act but after the amendment there is no definition for initial assessment year in the act and there is option to the assessee in selecting the year of claiming relief under section ..... (1) and (2), 80ab and 80b(5), for the purpose of determining the quantum of deduction available under section 80-ia for the relevant assessment year, would mean the total income computed in accordance with the provisions of the act, before making any deduction under chapter vi-a, with reference to the profits and gains of an eligible business only to which section 80-ia apply as if such eligible business were the only source of income of the assessee during .....

Neyveli Lignite Corporation Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2005)93TTJ(Chennai)685

..... thus, prior to the amendment of section 80-ia, by the finance act, 1999 w.e.f. ..... we find that section 80-ia and section 80-ib were substituted for section 80-ia by the finance act, 1999 w.e.f. ..... however, thereafter section 145 has been amended by finance act, 1995 w.e.f. ..... the learned departmental representative's objection is that after the amendment in section 145, the assessee could not adopt the hybrid system of accounting. ..... 53 of the paper book wherein the memorandum of settlement under section 12(3) of the industrial disputes act, 1947, between the company and nlc workers progressive union is contained. ..... this appeal is against the order under section 263 of the it act, 1961 passed by the cit, dt. ..... 30th march, 1992 issued by the ministry of power in exercise of the powers conferred on the central government under sub-section (2) of section 43a of the electricity supply act, 1948. ..... settlement under section 12(3), of the industrial disputes act, 1947, was subsequently signed on 26th aug. ..... referring to all these decisions, the learned departmental representative submitted that the activity carried out by the assessee was primarily activity of mining and, therefore, the assessee was not entitled for deduction under section 80-ib of the act also. ..... of hearing, the learned counsel for the assessee pointed out that the committee on disputes has not accorded its approval for raising the issue regarding jurisdiction of the cit invoking the provisions under section 263 of the it act. .....