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Maruti Suzuki Ltd. Vs. Commissioner of Central Excise, Delhi-iii

Court : Supreme Court of India

Reported in : 2009(168)LC87(SC); 2009(240)ELT641(SC); JT2009(11)SC8; 2009(11)SCALE446; (2009)9SCC193; [2009]18STJ323(SC); [2009]22STT54; 2009(7)LC3257(SC)

..... collection of taxes act, 1931 (16 of 1931), the force of law; respectively, on any final products manufactured by the manufacturer or for payment of such ..... the national calamity contingent duty leviable under section 136 of the finance act, 2001 (14 of 2001), as amended by clause 161 of the finance bill, 2003, which clause has, by virtue of the declaration made in the said finance bill under the provisional collection of taxes act, 1931 (16 of 1931), the force of law; andiii. ..... duty leviable under section 3 of the customs tariff act, equivalent to the duty of excise specified under clauses (i) and (ii) above, shall be utilised only towards payment of duty of excise leviable under the said additional duties of excise (textiles and textile articles) act, or the national calamity contingent duty leviable under section 136 of the finance act, 2001 as amended by clause 161 of the finance bill, 2003, which clause has, by virtue of the declaration made in the said finance bill under the provisional .....

M/S.Tata Sky Ltd. Rep. Through Its M.D. and Ceo, S Vs. State of Orissa ...

Court : Orissa

..... service under section 65(105)(zk) of the finance act, 2001 as amended with effect ..... section 65(105) (zk) of the finance act, 2001 as amended ..... questions, it is felt necessary to refer to some of the constitutional provisions and statutory provisions of the 13 finance act, 2001, the prasara bharati (broadcasting corporation of india) act, 1990 and the orissa entertainment tax act, 2006 as amended by orissa entertainment (amendment) act, 2010 and the orissa entertainment rules, 2006 as amended by the orissa entertainment (amendment) rules, 2010, which are relevant for our purpose. ..... finance act, 2001 : section ..... the definition of broadcasting, as contained in section 2(c), is incorporated in section 65(15) of the finance act, 2001 and further includes programme selection, scheduling or presentation of 7 sound or visual matter for public viewing through space, ..... state can levy entertainment tax on services covered under section 65(15) of the finance act, 1994 as amended from time to time in respect of the same ..... under section 65 (105) (zk) of the finance act, as amended, dth service is covered under the ..... (i) levy of service tax on service provided or to be provided to a client by a broadcasting agency or organization covered under section 65(15) of the finance act, 1964 by the union government and (ii) another levy of entertainment tax by the state government on entertainment through dth broadcasting service on the ground that such levy is on a different aspect/sphere and covered under entry .....

Jindal Steel and Power Ltd. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2004)(96)ECC522

..... to be precise with reference to the facts of the case, the question is whether the interest-free period of six months applicable under the pre-amendment provision of section 61(2)(ii) to the goods warehoused prior to 1.6.2001 is curtailed by the amendment under clause 106 of finance act, 2001 read with the above notification.5. ..... section 61(2){ii) of the customs act, as amended by clause 106 of the finance act, 2001, reads as under: (ii) specified in sub-clause (b) of sub-section (1), remain in a warehouse beyond a period of 30 days, interest shall be payable at such rate or rates not exceeding the rate specified in section 47, as may be fixed by the board, on the amount of duty payable at the time of clearance of the goods in accordance with the provisions of section 15 on the warehoused goods, for the period from the expiry of the said 30 days till the date of payment of duty ..... section 61(2)(ii) had, at that time, provided for payment of interest for the period beyond six months.while the goods were still in the bonded warehouse, section 61 (2)(ii) was amended as per clause 106 of the finance act, 2001, whereby the above interest-free period was reduced from six months to thirty days.this amendment was made with effect from 1.6.2001 vide clause 106 ibid read with notification no. .....

Vam Organic Chemicals Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2003)81TTJ(Delhi)478

..... in the meantime, an amendment to section 36(1)(vii) was carried out by the finance act of 2001 by addition of an explanation to the section by which it stands mandated by the legislature that while making a claim for writing off debt not only a debit entry needs to be made in the p&l a/c, but a simultaneous credit needs to be given in the account of the ..... has not complied with the provisions of section 36(1)(vii) which has been amended with retrospective effect by the finance act, 2001, with effect from 1-4-1989. ..... by the finance act, 2001 the provisions of section 36(1)(vii) amended, retrospectively with effect from 1-4-1989, during pendency ..... effect of the aforesaid discussion and the ratio of the law laid down by the supreme court leads us to an irresistible conclusion that the assessee has not complied with the provisions of section 36(1)(vii) which has been amended with retrospective effect by the finance act, 2001, w.e.f. ..... the learned authorised representative, the legislature had amended section 36(1)(vii) of the it aot, w.e.f, 1st april, 1989, by finance act of 2001.13. ..... muthyam reddy air 1999 sc 3881 wherein the apex court has observed that : "by finance act, 1989, explanation to section 2(1a), is inserted with effect from 1st april, 1970, to supersede the view expressed in the order under appeal and several decisions setting out similar ratio, this declaratory amendment having retrospective operation though coming into force during the pendency of this appeal must be given .....

P.N. Tiwari and ors. Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : (2003)185CTR(All)1; [2004]265ITR224(All)

..... by the employer, whether directly or through a fund, other than a recognized provident fund or an approved superannuation fund or a deposit-linked insurance fund established under section 3g of the coal mines provident fund and miscellaneous provisions act, 1948, or as the case may be, section 6g of the employees' provident funds and miscellaneous provisions act, 1952, to effect an assurance on the life of the assessee or to effect a contract for any annuity;' thus before the amendment by finance act, 2001, a perquisite was whatever was mentioned in the ..... before the above amendment by finance act, 2001, clause (vi) was not there in section 17(2) of the act. ..... in other words, before the amendment by finance act, 2001, the perquisites were not determined by delegated legislation by rules made under the act.hence, before the amendment by finance act, 2001, interest-free loans given by the employer to the employees for various purposes e.g. ..... cit : [2000]243itr383(sc) is not applicable in view of the specific provision of section 17(2)(vi) r/w rule 3 of the rules.in view of the introduction of sub-clause (vi) of clause (2) of section 17 of the act by means of the finance act, 2001, and prescription of interest-free loans or loans at the concessional rate of interest by the employer to its employees having been treated as a 'fringe benefit' or 'amenity', it is not possible to take the view that the same cannot be treated as a .....

P.N. Tiwari Vs. Union of India

Court : Allahabad

Reported in : [2003]133TAXMAN482(All)

..... the above amendment by finance act, 2001 clause (vi) was not there in section 17(2) of the act. ..... , the writ petition is liable to be dismissed and the provisions of section 17(2)(vi) of the income tax act as inserted by the finance act, 2001 as well as rule 3 of the income tax rules framed in pursuance of section 17(2)(vi) by the board are legal and valid. ..... hence before the amendment by the finance act, 2001 interest-free loans given by the employer to the employees for various purposes ..... before the amendment by the finance act, 2001 a perquisite was whatever was mentioned in the act itself i.e. ..... in view of the introduction of sub-clause (vi) of clause (2) of section 17 of the act by means of the finance act, 2001, and prescription of the interest-free loan or loans at the concessional rate of interest by the employer to its employees having been treated as a 'fringe benefit' or 'amenity', it is not possible to take the view that the same cannot ..... other words before the amendment by the finance act, 2001 the perquisites were not determined by delegated legislation by rules made under the act.5. ..... the petitioner is also challenging the validity of section 17(2)(vi) of the income tax act, 1961 as inserted by the finance act, 2001 on the ground that it has delegated essential legislative powers and that it is violative of articles 19(1) and 246 of the constitution ..... in view of the section 17(2)(vi) which has been introduced by the finance act, 2001, the earlier decision in the case of .....

Escotal Mobile Communications Ltd. Vs. Union of India

Court : Kerala

Reported in : [2002]123TAXMAN134(Ker)

..... coming within the purview of entry 54 of list ii of schedule vii has been paid, cannot be subjected to tax again by the parliament; the expression any service used while defining the term taxable service in section 65(72) of the act, as amended by the finance act, 2001, has to be understood and interpreted in consonance with the legislative competence of the parliament, which cannot levy a tax on the sale of sim card as it legitimately lies within the competence of state legislature. ..... is leviable under section 67 of the act, as amended by the finance act, 1996, the finance act, 1997 and the finance act, 1998. ..... that providing of sim cards or mots cards does not result in a transaction exigible to sales tax under the kgst act, because it is a pure and simple service exigible to service tax under the finance act, the petitioner has also impugned the reopening of the assessment and the penalty proceedings on several other grounds.13. o.p. no. ..... was not included by the petitioner in the value of taxable service declared in their st-3 returns filed for the quarters covered during the period from january 1997 to april 1999, under section 73(a) of the finance act, 1994 (hereinafter referred to as the act). ..... for levy of service tax is the taxable service as understood within the meaning of section 65(72)(b) of the finance act. mr. ..... defined in clause (72) of section 65 of the finance act. ..... also served with a notice dated 4-9-2001 proposing to levy penalty under section 45a of the kgst act. .....

United Phosphorus Ltd. Vs. Joint Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2002)81ITD553(Ahd.)

..... cit will now have to be applied after examining the impact the retrospective amendment of sections 140a, 234a/b amended by the finance act, 2001 with retrospective effect from 1-4-1989. ..... the definition of income given in sections 2(24) and 28 had not been amended till that time, which have been amended by the finance act, 1990 with retrospective effect from 1-4-1962 onwards. ..... have to be decided in accordance with the provisions of law and not the view which the assessee takes with regard to the admissibility or otherwise of the deduction.4.9 shri soparkar submitted that even subsequent to the insertion of section 2s(iiia) by the finance act, 1990 with retrospective effect from 1-4-1962, what is taxable is only the amount of profit on sale of import on licences granted by way of export incentives. ..... he also pointed out that a retrospective amendment in relation to the aforesaid section is proposed in the finance bill, 2001 which will soon become an act applicable with retrospective effect. ..... in order to give finality to the view that such export incentives are of revenue nature and hence taxable, and to end all judicial controversies thereabout, the finance act, 1990 has inserted in section 28 of the income-tax act, 1961. ..... the accrual system of accounting was not mandatory according to the provisions of the companies act in assessment year 1985-86, which has now been made mandatory by amending the provisions of section 209(3) with effect from 15-6-1988. .....

United Phosphorus Limited Vs. Joint Cit

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2001)73TTJ(Ahd.)404

..... ors. (2000) 164 ctr (pat) 201 (fb) will now have to be applied after examining the impact of the retrospective amendment of sections 140a, 234a/13 amended by the finance act, 2001, with retrospective effect from ..... . the definition of income given in sections 2(24) and 28 had not been amended till that time, which have been amended by the finance act, 1990, with retrospective effect from 1-4-1962, onwards ..... . in order to give finality to the view that such export incentives are of revenue nature and hence taxable, and to end all judicial controversies thereabout, the finance act, 1990 has inserted in section 28 of the income tax act, 1961.clause (iiia) read with 2(24)(va) (with effect from 1-4-1962) so as to make the profit on the sale of import entitlement licences taxable under the head "profit and gains of business or profession" retrospectively for and from ..... will have to be decided in accordance with the provisions of law and not the view which the assessee takes with regard to the admissibility or otherwise of the deduction.shri soparkar submitted that even subsequent to the insertion of section 28(iiia) by the finance act, 1990, with retrospective effect from 1-4-1962, what is taxable is only the amount of profit on sale of import licences granted by way of export incentives ..... cal). he also pointed out that a retrospective amendment in relation to the aforesaid section is proposed in the finance bill, 2001, which will soon become an act applicable with retrospective .....

Morepen Laboratories Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2005)95TTJ(Chd.)404

..... section 32 was amended by the finance act, 2001 ..... explanation 5 inserted by the finance act, 2001, is also of no help to the ..... 5 inserted by the finance act, 2001, was of no help to the assessee in the asst. ..... 5 inserted by the finance act, 2001, as the same should be deemed to have taken effect from the retrospective effect and so even during the assessment proceedings for the asst. ..... 5 inserted by the finance act, 2001, has no retrospective ..... even though this was inserted by the finance act, 2001. ..... ao.2.7 we have considered these submissions of the assessee but the fact remains that in case the assessee is legally entitled to claim depreciation in the assessment framed by the ao on the directions of the cit(a) issued under section 263 of the act, only then the same can be allowed to the assessee irrespective of the fact whether the ao has rightly allowed the part depreciation on the basis of the revised computation filed by the assessee during the ..... ii and for the first time this claim was filed before the ao, while he was passing a fresh assessment order in the light of the directions of the cit(a) issued under section 263 of the act.2.5 the first contention raised by the learned authorised representative for the assessee before us was that the principles of natural justice have not been complied with by the ao while reframing the set ..... the finance bill, 2001, clearly spells out that this amendment will take effect from april, 2002, and will accordingly, apply in relation to the asst. .....