Judgment Search Results Home > Cases Phrase: finance act 2005 section 113 amendment of act 5 of 1873 Page 12 of about 2,381 results (0.172 seconds)

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

Court : Mumbai

Reported in : 2009[16]STR371

..... 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 ..... 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 ..... section 37(2)(xxviii) of the said act read with rule 57-f(17)(e) of the rules as amended by sections 131 and 132 of the finance act with retrospective effect have provided legislative teeth to make it abundantly clear that credit of duty lying unutilised as on 1st october, 1997 shall stand ..... 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 ..... 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 ..... 113 .....

Commissioner of Service Tax Vs. Lumax Samlip Industries Ltd. and Custo ...

Court : Chennai

Reported in : (2007)212CTR(Mad)62; 2007(121)ECC259; 2007LC259(Madras); 2007[8]STR113; (2007)8VST791(Mad)

..... can re-examine the order and file appeal under section 86(2a) of the finance act, 1994 before the cestat ?iii) whether the tribunal is right in rejecting the department's appeal as being one without cause of action, without considering the merits of the matter?2. ..... by formulating the following substantial questions of law for consideration.i) whether statutory powers of commissioner to file appeal against an order in appeal before the appellate tribunal under section 86(2a) of the finance act, 1994 can be denied for the reason that commissioner had once accepted the order in appeal ?ii) whether acceptance of order-in-appeal by the commissioner becomes final and binding on the department and whether the commissioner ..... t.s.sivaganam, learned standing counsel appearing for the respondents very strenuously contended that there is no provision whatsoever under section 86 of the finance act to the effect that the commissioner has to accept the order passed by the commissioner of central excise (appeals) and once it is accepted that could not be reviewed for any purpose particularly for the purpose of filing ..... iv/ 16.238/2005-czo dt 17.4.2006) direction to file appeal before cestat 18.4.2006order issued under section 86(2a) of the finance act, 1994 for filing appeal against oia no. .....

income-tax Appellate Tribunal Vs. B. Hill and Co. (P.) Ltd.

Court : Allahabad

Reported in : (1982)29CTR(All)301; [1983]142ITR185(All)

..... the sale of import entitlements were not profits derived from the export of goods by the assessee and accordingly not entitled to the tax concession provided under section 2(4)(a)(i) of the finance act, 1967 (2) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in holding that the assessee is not a company as is ..... the sale of import entitlements were not profits derived from the export of goods by the assessee and accordingly not entitled to the tax concession provided under section 2(5)(i) of the finance act, 1966 (2) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in holding that the assessee is nota company as is ..... from the sale of import entitlements were not profits derived from the export of goods by the assessee and accordingly not entitled to tax concession provided under section 2(5)(a)(i) of the finance act, 1965 (2) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in holding that the assessee is not a company as is ..... from the sale of import entitlements were not profits derived from the export of goods by the assessee and accordingly not entitled to tax concession provided under section 2(5)(a)(i) of the finance act, 1964 ? (2) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in holding that the assessee is not a company as is .....

Godrej and Boyce Mfg.Co.Ltd. Mumbai. Vs. Commissioner of Income Tax,

Court : Mumbai

..... been provided in these provisions for their enforcement : (i) sub section (1) of section 14a was inserted by the finance act of 2001 with retrospective effect from 1 april 1962; (ii) sub sections (2) and (3) were inserted in section 14a by the finance act of 2006 with effect from 1 april 2007; (iii) the proviso was inserted by the finance act of 2002 with retrospective effect from 11 may 2001; (iv) rule 8d was inserted by the income tax (fifth amendment) rules, 2008 by publication in the gazette dated 24 march ..... to overcome this decision, section 9(1)(ii) was amended by the finance act of 1983 with effect from 1 april 1979 to include an ..... had to be considered in the background of the amendment made by the finance act of 2002 with effect from 1 april 2003 in explanation 4 to section 271(1)(c) (iii). ..... to the amendment brought about by the finance act of 2003 with effect from 1 april 2003, income by way of dividends referred to in section 115o and income received in respect of the units of a mutual fund did not form part of the total income by virtue of the provisions of clause 33 of section 10. ..... under section 5(2) the scope of total income as regards a nonresident 38 (2005) 279 itr 310 (sc) was defined with reference to the receipt or accrual in india, whether deemed or ..... are extremely circumspect in questioning the reasonability of such classification but after a "judicial generosity is extended to legislative wisdom, if there is writ on the statute perversity, 25 2005 air (sc) 3020. .....

Andhra Pradesh State Financial Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1986)18ITD515(Hyd.)

..... he concluded saying that the subsequent amendments made to the section further liberalised the grant of deductions to approved financial corporations and he drew our attention in particular to the latest amendment to section 36(1)(viii) by the finance act, 1985, wherein it has been clarified that the deduction is to be made without making any deduction under the said clause. ..... not be quoted as an authority and applied to the case on hand where we are concerned with the law as on 1-4-1982 and 1-4-1983 which governs the assessments for 1982-83 and 1983-84, respectively, for the following reasons : (a) section 36(1)(viii), which corresponded to section lo(2)(xiva) of the indian income-tax act, 1922 underwent subsequently many amendments-please see finance act, 1966, finance (no. ..... the third line of attack by shri radhakrishna murthy is that whenever the legislature wanted it had employed specific language such as to be found in sections 23(2), 32a(3), 33(2) and 33a(2) of the act, and, therefore, this amendment introduced by the finance act, 1985, viz. ..... the latest amendment introduced by the finance act, 1985, has made it clear that the deduction should be computed before making any such deduction under the section. ..... 's case (supra) we are of the view that this particular amendment introduced by the finance act, 1985 is only clarificatory in nature.10. ..... in our view, the amendment made by the finance act, 1985, is only clarificatory in nature.12. .....

M.V. Ganesh, Lr of Late M.S. Viswambharan Vs. Commissioner of Income T ...

Court : Kerala

Reported in : (2009)221CTR(Ker)83; [2009]310ITR183(Ker); [2009]181TAXMAN227(Ker)

..... section 87(f) of the finance act defines 'disputed tax' to mean, the total tax determined and payable, in respect of an assessment year under any direct tax enactment but which remains unpaid as on the date of making the declaration under section 88 of the finance act. ..... as required under the scheme, the assessee had filed an application under section 88 of the finance act before the designated authority. ..... sub-clause (i) of section 88(a) of the finance act would not apply to the appellant, since the declarant is not a company or a firm ..... the above view of the matter, in our view, the designated authority was justified in granting relief only under sub-clause (iv) of section 88(a) of the finance act.20. ..... a situation of this nature, the designated authority was justified in placing reliance on sub-clause (iv) of section 88(a) of the finance act.18. ..... -clause (iii) provides for the procedure that requires to be followed by the designated authority for considering the application filed under section 88 of the finance act. ..... what is not necessary for the case, we would only refer to sub-clauses (ii), (iii) and (iv) of section 88(a) of the finance act. ..... section 87(e) of the finance act provides for the meaning of the expression 'disputed income', in relation to an assessment year, as, the whole or so much of the total income as is relatable to the disputed tax ..... section 87(d) of the finance act provides for the meaning of the expression 'disputed chargeable interest' in relation to an assessment .....

Bellary Iron and Ores Pvt. Ltd., Mspl Ltd., Ramgad Minerals and Mining ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : [2010]21STJ214(CESTAT-Bangalore); 2010[18]S.T.R.406; [2010]24STT557; (2010)35VST107(CESTAT-Blore)

..... a goods transport agency for use by the said goods transport agency to provide any service, referred to in sub-clause (zzp) of clause (105) of section 65 of the finance act, to a customer in relation to transport of goods by road in the said goods carriage, from the whole of the service tax leviable thereon under section 66 of the finance act.from the above, we find that the notification exempts the taxable service of supply of goods carriage provided by any person to gta for use ..... facts of the case in the case of biol in brief are that the appellant had incurred freight for transportation of iron ore by trucks in private mines during 1.1.2005 to 31.3.2006 and did not pay service tax held to be due under the category goods transport agency service (gta) in respect of consignments carried by trucks owned/operated by ..... the department had audited the records/returns/documents in february 2006 and noticed that the assessee had not paid service tax on payments made to the lorry owners for the period from 1/2005 to 1/2006 as brought out in the show cause notice. ..... as paid to the lorry owners during the period from 1.1.2005 to 31.1.2005 based on the statement of sri a. ..... 2,15,15,784/- paid in january 2005 were for hiring of lorries for the period prior to 1.1.2005, during which period there was no levy of service tax, an amount ..... dated 3.12.2004 and no service tax was payable.f) the actual amounts paid to the lorry owners for the service during the period from 1.1.2005 to 31.1.2005 was rs. .....

B.S. Refrigeration Ltd. Vs. the Commissioner of Service Tax

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : (2006)(111)ECC707

..... since the amendments made in finance act, 2000 did not completely fill in the lacuna, amendments were made by the finance act, 2003 to sections 68 and ..... order to get over the provision, the finance act, 2000 amended the definition of assessee under section 65 during the period 1.7.1997 to 11.5.2000 ..... imposition of penalty does not survive since the explanation was inserted in the retrospective amendment of finance act, 2000 which specifically stated that any act or omission on the part of any person in relation to these retrospective amendments shall not be punishable.6. ..... the amendment sought to validate the action of levy and collection of service tax taken between 16.7.1997 and 12.5.2000 (the day finance act, 2000 received presidential assent) in respect to clearing and ..... per day under section 76 of the finance act, 1994 was imposed ..... also demanded under section 75 of the finance act, 1994. ..... under section 78 of the finance act, 1994 ..... that the provisions of rule 2(d)(xii) is ultra vires the finance act, 1994 itself and accordingly quashed the sub-rule in question ..... under the scheme of the finance act, 1994 with relation to service tax, the tax liability is attached to the ..... the circular dated 3.3.2000, issued by the directorate of service tax clarified that the object of introducing the amendment was to stop refund of service tax already collected and also to recover service tax already refunded in view of the supreme ..... of the tribunal has been affirmed by the apex court 2005 (187) elt 5 (s.c. .....

Commissioner of Income-tax Vs. Indian Molasses Co. (P.) Ltd.

Court : Kolkata

Reported in : (1989)77CTR(Cal)112,[1989]176ITR473(Cal)

..... section 40(c)(iii) was introduced by section 6 of the finance act,1963, with effect from ..... by the said finance act, section 40(a)(v) was inserted with effect from ..... by the finance act of 1968, sub-clause (iii) of section 40(c) and explanation 2 thereof stood omitted with effect from april 1, 1969, and explanation 1 remains ..... by the finance act of 1965, the second proviso was inserted in section 40(c)(iii) which runs as follows :'provided further that nothing in this sub-clause shall apply to any expenditure which results directly or indirectly in the provision of any benefit or amenity or perquisite to an employee ..... west bengal iii, calcutta, the following question of law has been referred to this court for the assessment year 1972-73 under section 256(1) of the income-tax act, 1961 :'whether, on the facts and in the circumstances of the case and on a correct interpretation of section 40(c) and section 40a(5) of the income-tax act, 1961, the tribunal was correct in holding that an expenditure incurred by the assessee-company in respect of its employee-directors did ..... section 40(c)(iii) was subsequently amended and the provisions are contained in section 40(a)(v) and in section 40a(5) so far as ..... of such a person, as the case may be, on the one hand, and the expenses which resulted directly or indirectly in the provision of any benefit or amenity or perquisite to an employee of the company remained intact even after the amendments made from time to time, which we have already extracted. .....

The Ahmedabad Mfg. and Calico Printing Co., Ltd. Vs. S.C. Mehta, Incom ...

Court : Supreme Court of India

Reported in : AIR1963SC1436; [1963]48ITR154(SC); [1963]Supp2SCR92

..... paragraph b of part i of the schedules to the finance acts above referred to, be deemed to have been made the subject of incorrect relief under this act, and the income-tax officer shall recompute the tax payable by the company by reducing the rebate originally allowed, as if the recomputation is a rectification of a mistake apparent from the record within the meaning of this section and the provisions of sub-section (1) shall apply accordingly, the period of four years specified ..... the amendment, with which we are concerned, was made by the finance act, 1956 ..... , or where any excess profits tax or business profits tax has been assessed after the completion of the corresponding assessment for income-tax (whether before or after the commencement of the indian income-tax (amendment) act, 1953), and in consequence thereof it is necessary to re-compute the total income of the assess chargeable to income-tax, such re-computation shall be deemed to be a rectification of a mistake apparent from the record ..... - the amendments made in the income-tax act by section 4 and clause (b) of section 15 shall be deemed to have come into force on the 1st day of april 1955, and the amendments made by section 3 to 27 inclusive shall come into force on the 1st day ..... any mistake apparent from the record could be made within one year of the order of assessment but by the indian income-tax (amendment) act, 1939 (7 of 1939), the period of four years was substituted for one year in the first sub-section. .....