Court : Madhya Pradesh
Reported in : (2006)204CTR(MP)555
..... other provisions of any law for the time being in force, such appeal or reference or reply shall be deemed to have been withdrawn on the day on which the order referred to in sub-section (2) is passed :provided that where the declarant has filed a writ petition or appeal or reference before any high court or the supreme court against any order in respect of the tax arrear, the ..... 204 ctr (mp) 549) holding that the aforesaid order dated 16-1-2004 passed by the tribunal was outside the scope and purview of section 254(2) of the act which was confined only to rectification of any mistake apparent from the record and have set aside the said order dated 16-1-2004 ..... section 254(2) of the act for correction of the said order dated 26-11-2001 of the tribunal and the ground taken in the said application filed by the assessee was that under sub-section (4) of section 90 of the finance ..... the parties at length, the tribunal allowed the said ma by the impugned order dated 16-1-2004 and substituted paras 10 to 12 of its appellate order dated 26-11-2001 with new paras 10 and 11 holding that as the assessee had opted for kvss 1998 and had paid the taxes settled thereunder, the appeal has to be treated as ..... time and manner of payment of tax arrear(1) within sixty days from the date of receipt of the declaration under section 88, the designated authority shall, by order, determine the amount payable by the declarant in accordance with the provisions of this scheme and grant a certificate in such form as .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1988]173ITR126(MP)
..... years 1964-65 and 1965-66, respectively, were allowable revenue deductions ?at the instance of the commissioner of income-tax : (4) whether, on the facts and in the circumstances of the case, the amount of rebate allowable under section 2(5)(a)(i) of the finance acts, 1964 and 1965, should be calculated by including in the export turnover the amounts representing the drawback of customs duty, refund of excise duty and premium gain on value of yarn entitlement ? ..... said expenditure, in our opinion, was, therefore, includible in the cost of new looms for the purpose of allowing depreciation and development rebate in the assessment year ..... 3,20,477 incurred by the assessee in connection with the purchase of 155 new looms was includible in the cost thereof for the purpose of allowing depreciation and development rebate in the assessment ..... 3,20,477 incurred by the assessee in connection with the purchase of 155 new looms is includible in the cost thereof for the purpose of allowing depreciation and development rebate in the assessment for ..... assessee received permission for the purchase and installation of new looms on condition that the old looms would be ..... the assessee before the tribunal was that the actual cost of the new looms should be taken to be rs. ..... the material facts in this behalf are that with a view to substantially expanding the weaving department at birla nagar, the assessee wanted to instal new looms but it could not get statutory permission for the purchase of new looms. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1979]116ITR347(MP)
..... :'whether, on the facts and in the circumstances of the case, the tribunal was right in holding that neither the tax liability at the rate applicable in accordance with the finance act of the year concerned on the disclosed income included on assessment nor at the rate of 60% prescribed under section 68 of the finance act, 1965, was deductible in arriving at the net wealth of the assessee '2. ..... act, 1961, or that section 68 of the finance act, 1965, creates a new charge to tax, on an ad hoc basis, on disclosed income irrespective of the assessment year in which it was earned. ..... ahmed ibrahim sahigara : [1974]93itr288(guj) , however, held that section 68 of the finance act, 1965, was not intended to lay down a concessional rate at which income-tax may be charged under the i.t. ..... the only difference under the voluntary disclosure scheme made by section 68 of the finance act, 1965, was to provide a flat rate of sixty per cent. ..... the division bench has further held that that view proceeds upon the principle that liability for tax arising out of the declaration made under section 68 of the finance act, 1965, is nothing other than the liability under the i.t. ..... girdhari lal : [1975]99itr79(delhi) , taking the view that the amount declared by the assessee under section 68 of the finance act, 1965, partakes of the character of total income assessable under section 3 of the indian i.t: act, 1922, or section 4 of the i.t. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2004]137STC269(MP)
..... we are saying so, because on the touch-stone of section 84 read with section 86 of the act, without the issuance of the requisite statutory notification (under the provisions of bihar finance act, 1981), the policy resolution of 1995 by itself was not even enforceable or ..... the industrial units situate outside the state are entitled to any such benefit has to be considered with reference to the statutory orders made under the bihar finance act because notwithstanding the terms of the policy, unless corresponding provisions are made by issuing notifications/orders under the bihar finance act to carry out the objects of the industrial policy, a trader does not get benefits of any sales tax exemption.'14. ..... sales tax for the purchase of raw material, but insofar as the inter-state sale is concerned, no such exemption intention could be gathered or inferred from 1995 policy resolution nor was it permissible under the bihar finance act, 1981. ..... is significant to mention that what had fallen for consideration before the supreme court was an administrative order not amounting to law within the meaning of section 2(g) of the punjab reorganisation act--as held by the punjab high court with which the supreme court agreed. ..... said policy resolution envisages giving certain tax benefits, among other things, to the new industrial units set up after november 15, 2000. ..... so far as the industrial policy, 2001 of the government of jharkhand is concerned reference to it by the appellants is wholly .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1953]23ITR382(MP)
..... '; and if the reasoning of the rajasthan high court is accepted, then one is led to the strange conclusion that the state law is to continue in force under section 13 of the finance act for the levy, assessment and collection of the tax on income accruing not only in the year from 1st april, 1948, to 31st march, 1949, but also accruing in ..... open to the court to cut down the general words imposing the tax by reference to extraneous considerations such as the report of the indian states finance inquiry committee, or possible intention of the legislature gathered from other acts, and that section section 13 of the finance act, 1950, is perfectly intelligible if it is read as keeping alive the state law for the purposes of levy, assessment and collection of tax ..... impose tax on income which accrued, arose or was received in madhya bharat prior to 26th february, 1950, and that the provisions of the indian income-tax act, 1922, and the indian finance act, 1950, which authorise the levy of the tax for the year 1950-51 are neither ultra vires nor illegal.as regards the validity of the notice the non-applicants ..... section 292 is usually inserted in similar acts to indicated that the repeal of the parent act shall not be deemed to have repealed all the laws passed under that act,' and that the provision did not mean that no later act of the legislature can by words of retrospective operation antedate its effect so as to affect rights acquired under a previous law down to the date of the new .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1969MP100; [1969]73ITR95(MP); 1969MPLJ61
..... income-tax officer in regard to the payment of the tax amount due from the petitioner; that the said scheme could be varied or affected by any amendment made in sub-section (2) inasmuch as the scheme was without prejudice to the provisions contained in sub-section (2); and that the finance act, 1965, which was passed in may 1965, itself gave retrospective effect to the enhanced rate of interest by making it operative from 1st april 1965, and in demanding from ..... cent to six per cent from 1st april 1965 did not have any retrospective effect so as to make that rate applicable in those cases where the period limited under sub-section (1) of section 220 for- payment of the amount specified in any notice of demand ended before 1st april 1965, and that there was nothing in section 220(2) or in the finance act, 1965, to indicate that the amendment made by section 53 of the finance act, 1965, in section 220(2) had such a retrospective effect. ..... applicable even to those cases where the period limited under sub-section (1) for payment of the amount specified in the notice of demand ended before 1st april 1965, that would in effect mean giving the amendment retrospective effect from a date earlier than that prescribed by section 1 (2) of the finance act, 1965, it must be noted that the liability of an assessee to pay interest under section 220(2) of the act is at that prescribed rate which is in force on the day commencing after .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(3)MPHT356
..... ] and a division bench of this court by order dated 29-4-2006 had expressed the opinion that the said service tax is recoverable from the service provider under section 65 (76-b) the provisions of the finance act on the packaging activities as inserted by finance act, 2005 and further service provider can pass on the liability to the retail contractors and accordingly dismissed the writ petition in limine.8. ..... another division bench of this court has delivered the judgment on 29-4-2006, holding that bottling of liquor is a packaging activity as defined in section 65 (76-b) of the finance act, 2005, on which service tax is payable.on a reading of judgment dated 29-4-06 of the division bench in vindhyachal distilleries pvt. ..... being dissatisfied with the said order, the appellants preferred an appeal on 22-2-07 before the customs & excise appellate tribunal, new delhi (for short the 'ceat'). ..... : (2001) 2 scc 480, wherein it has been held as under:having examined the rival contentions and on a thorough scrutiny of two earlier full bench decisions as well as the impugned judgment of the special bench we are of the considered opinion that the special bench rightly thought it appropriate to reconsider the entire matter afresh and re-determine the issues involved in the light of the relevant provisions of the act, rules and regulations after hearing at length on all .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1989]178ITR284(MP)
..... it must be held that the patent intent of the legislature in amending section 271(1)(c) and in inserting the explanation thereto by the finance act of 1964, was to bring about a change in the existing law ..... may be pointed out that all the decisions which have been relied upon by the tribunal in its appellate order and which have been referred to above were in regard to the assessment years prior to section 271 being amended by the finance act 1964, except the division bench decision of the punjab and haryana high court in the case of addl. ..... learned counsel for the department that the tribunal, in allowing the appeal and reversing the finding of the inspecting assistant commissioner, has failed to consider the import of the amendment made in section 271 with effect from april 1, 1964, by the finance act, 1964, and, consequently, the conclusion reached by the tribunal was not correct. ..... the supreme court has pointed out that the explanation added to section 271(1) by the finance act, 1964, permits a presumption to be raised, but the said ..... a similar view in regard to the effect and import of the explanation added in section 271(1) by the finance act, 1964, has been taken: by a division bench of the allahabad high court ..... referred to us, therefore, is that oh the facts and in the circumstances of the case and in view of the explanation added to section 271(1) by the finance act, 1964, and the deletion of the word 'deliberately' from clause (c) of section 271(1)(c), the deemed income of rs. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2009)20VST853(MP)
..... a reference has been made to the amendments made under sections 116 and 117 and insertion of section 71a in finance act, 1994 for the period july 16, 1997 to october 16, 1998 and by clause 150 of the finance bill, 2003, which has made the position clear that the petitioners are liable to pay service tax during the period under ..... --during the period commencing on and from the july 16, 1997 and ending with the october 16, 1998, the provisions of chapter v of the finance act, 1994 shall be deemed to have had effect subject to the following modifications, namely:(a) in section 65,--(i) for clause (6), the following clause had been substituted, namely:(6) 'assessee' means a person liable for collecting the service tax and include--(i) his agent; or(ii) in relation to services provided by a clearing and forwarding agent, ..... times and accordingly,--(i) any action taken or anything done or purported to have been taken or done at any time during the period commencing on and from the july 16, 1997 and ending with the day, the finance act, 2000, receives the assent of the president shall be deemed to be valid and always to have been valid for all purposes, as validly and effectively taken or done;(ii) any service tax refunded in pursuance of any judgment ..... v of the finance act, 1994 has been amended by finance act of 2001. ..... union of india [2001] 252 itr 53, dated december 27, 2000) was cited before ..... of india [2002] 258 itr 209 (mad) and connected matters (judgment dated october 12, 2001, per v.s. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2007)7VST197(MP)
..... the 'packaging activity'' has been defined in section 65(76)(b) as inserted by the finance act, 2005 thus:65(76)(b): 'packaging activity' means packaging of goods including pouch filling, bottling, labelling or imprinting of the package, but does not include any packaging activity that amounts to 'manufacture' within the meaning of clause (f) of section 2 of the central excise act, 1944 (1 of 1944);section 2(f) of the central excise act, 1944 defines the process of manufacture thus:2(f) : 'manufacture' includes any process - (i) incidental or ancillary to the completion of a ..... submitted on behalf of distillers that in case this court come to the conclusion that the activity of packaging is liable for service tax under section 65(76)(b) as inserted by finance act, 2005, it being an indirect tax, it is permissible to pass it on to the wholesalers/contractors by the service provider.9. ..... , it is held that by conversion of timber logs into sawn timber, no new product emerged by sawing of timber, therefore, higher excise duty on sawn timber was ..... court held that all processes do not constitute manufacture, in our opinion, merely by providing service for bottling a new commodity, does not come into being new article, it is clearly a service provided. . v. ..... tenderer shall use the plant during the period of the contract and on expiry of the contract, the plant shall have to be handed over to the new successful tenderer against its depreciated cost, to be paid by the new successful tenderer. .....
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