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Ved Vyas Chawla Vs. the Income Tax Officer 'C' Ward and Anr.

Court : Allahabad

Reported in : AIR1965All37; [1965]57ITR749(All)

..... therefore, income chargeable under the head 'salaries' by implication will not be subjected to additional surcharge which came to be levied under the finance act of 1963 under section 2(a)(i) and (ii) for the first time. ..... question to be considered whether additional surcharge or additional tax which could have been levied under article 271 can be levied only on a particular class and not on the public in general, the argument is that in the finance act of 1963, which is the impugned provision, the salaried class of persons has been excluded from the application of the provisions for the levy of surcharge. ..... the relevant portion of section 2 sub-clause (2) of the finance act 1963, reads; '(2) in making any assessment for the assessment year commencing on the 1st day of april, ..... employees have always, at least since the income-tax act of 1922, been taxed on the basis' of the finance act current during the year when the salary is received and not on the basis of the finance act enacted after the year has come to a close. ..... the compulsory deposit scheme applies to a well defined class and the finance act of 1963 cannot be said to place any restriction on the free exercise of any profession, trade or occupation. ..... the charge of discrimination, therefore, cannot legitimately be levied against the finance act of 1963 in the matter of 'additional surcharge' as the classification is neither arbitrary nor capricious; it is a perfectly understandable, intelligible and reasonable classification. .....

Asramam Village Industrial Co-op. Society Ltd. Vs. Union of India (Uoi ...

Court : Kerala

Reported in : 1988(18)ECC69; 1988(17)LC691(Kerala); 1988(38)ELT14(Ker)

..... although, section 51, finance act, 1982 has given retrospective effect to the amendments of rules 9 and 49, yet it must be subject to the provisions of sec tion 11a of the act. ..... the supreme court held in that context that section 51 of the finance act, 1982 was subject to the provisions of section 11a of the act, and that was sufficient to allay the apprehension of the ..... petitioner's plea for bar of time was not accepted, for the reason that the demand had been raised as per section 52 of the finance act, 1982 under which it was stated, there could not be any limitation of time. ..... i am unable to accept the respondents' contention that section 52 of the finance act, 1982 overrides the provisions of section 11a of the act and does away with the period of time for levy and collection of the amounts which have become payable by the operation of that ..... though the petitioner before me has also challenged the constitutional validity of section 52 of the finance act he did not persist in it, and was rest content with accept ing the correctness of the decision of the madras high court in the case of bharath match ..... respondents contest this submission with the plea that section 52 of the finance act, 1982 enables them to review all cases of this nature and to make demand in all cases where the amount would have been payable if the section had been in force from june 19, 1980. ..... the contention of the revenue that section 52 of the finance act overrides section 11a was not accepted, the court .....

Commissioner of Income-tax Vs. Continental Device India

Court : Delhi

Reported in : [2001]252ITR227(Delhi); [2001]118TAXMAN585(Delhi)

..... a bare reading of the provisions makes it clear that the deposit in lieu of payment of surcharge on income-tax under sub-section (6) of section 2 of the finance act is to be made by a company or the assessed at any time before the last installment of advance tax is due in its case and under subsection (8) of section 2 of the finance act, the deposit is to be made by the company or the assessed at any time during the financial year commencing on the 1st day of april, 1976 ..... 67,785 for the amount deposited in the idbi in lieu of surcharge in accordance with the provisions of section 2(6) and (8) of the finance act, 1976, although for the assessment year 1978-79 tax was to be paid in accordance with the provisions of the finance act, 1978, which did not provide for such concession ?'2. ..... (2) a deposit in lieu of payment of surcharge on income-tax under sub-section (8) of section 2 of the finance act, 1976 (66 of 1976), may be made by a company at any time during the financial year commencing on the 1st day of april, ..... -- (1) a deposit in lieu of payment of surcharge on income-tax under sub-section (6) of section 2 of the finance act, 1976 (66 of 1976), may be made by a company at any time before the last installment of advance tax is due in its ..... ') in lieu of the surcharge on income-tax in terms of section 2(6) and (8) of the finance act, 1976 (in short 'the finance act') read with the companies deposits (surcharge on income-tax) scheme, 1976 (in short 'the scheme'), dated august 28, .....

Charak Pharmaceuticals (i) Ltd Vs. Union of India and ors.

Court : Delhi

Reported in : 2000IIAD(Delhi)363; 2000(52)DRJ544; 2000(67)ECC749

..... are, thereforee, of the considered view that the amount of differen- tial duty of rs.19,29,642/- was 'tax arrear' within the meaning of section 87(m)(ii)(b) of the finance act and the petitioner having fulfillled all other requisite conditions, the designated authority was not justified in directing the return of declaration on the aforestated ..... the value thereof on pro-rata basis on the assessable value of regular trade packs, which were being sold commercially with immediate effect was in fact in the nature of a show cause notice as postulated in section 87(m)(ii)(b) of the finance act in respect of all the clearance, including the period in question namely; from 1st september, 1995 to 31st january, 1998. ..... it has been stated that the petitioner is not entitled to any relief under the kvss because : (i) there was no tax arrear due or payable as on 31st march, 1998 as per the provision of section 87(m)(ii)(a) of the finance act; (ii) there was no show cause notice issued in respect of the duty amount of rs. ..... assessment could neither be treated as a show cause notice nor a demand notice in terms of section 87(m)(ii)(b) of the finance act and, thereforee, the declaration was rightly returned to the petitioner. 11. ..... ' from a conjoint reading of section 87(m)(ii) and section 95(ii) of the finance act, it is evident that for a 'tax arrear' to be eligible for being declared under the kvss, the condition precedent is that: tax arrear must have been determined on or before 31st march, 1998; .....

M/S South Eastern Coalfields Ltd Vs. Cce, Raipur

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... corrigendum to the notice was issued on 02-11-2004 pointing out the retrospective amendment made in finance act, 1994 by finance act 2003 and the prospective amendment in section 73 of finance act 1994 made by finance act 2004. ..... after the retrospective amendment by finance act 2000, the question arose whether this amendment was good enough to issue demands under section 73 of finance act, 1994 on persons who had not paid tax during the said period as per rule 2 (1) (d) ..... now the question arose whether this amendment was good enough to issue demands under section 73 of finance act, 1994 on persons who had not paid tax during the said period a per rule 2 (d) ..... section 73 was amended by finance act 2004, to replace section ..... the show cause notice in this case is issued after the retrospective amendment made by finance act, 2000 but before the amendment made by finance act, 2003 and 2004 in this matter which are also being mentioned in this order for sake of clarity on the issue and for the reason that corrigendum to the show cause notice was issued on 02-11- ..... the defect pointed out by the apex court in the case of laghu bharati udyog (supra), the parliament made retrospective amendment by section 117 of the finance act, 2000. ..... the defect pointed out by the apex court in the case of laghu bharati udyog (supra), the parliament made retrospective amendment by section 117 of the finance act, 2000. ..... which was affirmed by the apex court as reported at 2005 (187) elt 5 (sc) in favour of the service .....

Commissioner of Income-tax Vs. Travancore Minerals Ltd.

Court : Kerala

Reported in : [1981]130ITR631(Ker)

..... , or the 1st day of april, 1965, with reference to which the amount of the rebate arrived at under the first proviso to paragraph d of part ii of the first schedule to the finance act, 1964 (v of 1964), or, as the case may be, the first proviso to paragraph f of part i of the first schedule to the finance act, 1965 (x of 1965), is required to be reduced under the second proviso to the said paragraph d or, as the case may be, the second proviso to the said paragraph f, as diminished by so ..... the ito acting in exercise of the power conferred under section 148 of the act, reopened the assessment made against the company for the year 1966-67, on the ground that the distribution of dividend made by the assessee during the accounting year relevant to the said assessment year had been wrongly omitted to be subjected to tax as required under the finance acts, 1965 and ..... the tribunal held that levy of additional tax under paragraph f(i)(b) of part i of the first schedule of the finance act, 1966, would be warranted only if the dividend distributed by the assessee-company was in excess of 10% of the paid up capital, and since the facts of the case disclosed that the dividend distributed was only 5%, ..... 1, it is clear that for the purposes of sub-clause (b) of clause i of paragraph f of the first schedule to the finance act, 1966, only amounts distributed by way of dividends by companies which had earned income or profits liable to tax during the assessment years 1964-65 and 1965-66 is to be .....

Wealth-tax Officer Vs. Niranjan Narottam (individual)

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (1985)14ITD27(Ahd.)

..... section 27 has six sub-sections ; section 27(1) takes effect from 1-4-1977 ; section 1(2) has to be read with each section of the finance act insofar as different starting days have been provided for each amendment ; section 27(3)(a) does not indicate any date, so we have to go to section 1(2) giving the operation of the provision with effect from 1-4-1976. ..... section 27(3) of the finance act does not lay down any particular date of commencement of the provisions apart from what would be applicable under section 1(2).these provisions, however, do not affect the position of the applicability of the amendment to any particular year if the amendments themselves are regarded as procedural in nature. ..... section 7(4) as amended by section 27 of the finance act, is as under : (4) notwithstanding anything contained in sub-section (1), the value of a house belonging to the assessee and exclusively used by him for residential purposes throughout the period of twelve months immediately preceding the valuation date may, at the option of the assessee, be taken to be the ..... 202 of 5-7-1976, referring to section 27(3) of the finance act, it is mentioned that the amendment comes into force with effect from 1-4-1976 and will be applicable in relation to the assessment year 1976-77 and subsequent years. .....

Manisha Construction Vs. the Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Pune

..... 8 of 2002 dated 27-8-2002 clarifying the scope and effect of the amendment made in section 158bb by the finance act, 2002 with retrospective effect from 1-7-1995 which has already been set out ..... therefore, after the amendment made by the finance act, 2002 with retrospective effect from 1-7-1995 in clause (c) of section 158bb(1), the claim of the assessee that the losses as determined on the basis of entries as recorded in the seized books of accounts of the assessee maintained in the normal course on or before the date of the search ..... the finance act, 2002, has amended the said clause (b) to include a specific reference to such returns filed in response to notices issued under section ..... 61.3.2 the finance act, 2002 has amended section 158bb to clarify that the block assessment of undisclosed income is to be based on the evidence found in the search and material or information gathered in post search inquiries made on the basis of evidence found ..... find that these decisions were rendered in the light of provisions contained in (i) main sub-section (1) of section 158bb providing for aggregation of total income of all the previous years falling within the block period to be computed in accordance with the provisions of chapter iv of the act as it then stood; (ii) the original clause (a) of explanation to main sub-section (1) of section 158bb, and (iii) clause (c) to section 158bb(1) as it stood prior to its substitution by the finance act, 2002 with retrospective effect from 1-7-1995. .....

Commr.of Income Tax-i,new Delhi Vs. Vatika Township P.Ltd.

Court : Supreme Court of India

..... learned counsel appearing for the assessees sagaciously contrasted the aforesaid stipulation while effecting amendment in section 113 of the act, with various other provisions not only in the same finance act but finance acts pertaining to other years where the legislature specifically provided such amendment to be either retrospective or clarificatory. ..... this can be seen from the following table prescribing surcharge for different assessment years: | | |part i | |finance |relevant |para - a |para b |para |para d|para - e | |act |section | | |c | | | | |of | | | | | | | |finance | | | | | | | |act | | | | | | | | |ind, huf,|co-operati|firm |local |companies| | | |boi, aop |ve society| |authorit| | | | | | | |y | | | | | | | | | | |1995 |section 2|- |- |- |- | | | |(3) | | | | | | |1996 |section 2|- |- |- |- |15% | | |(3) | | | | | | |1997 |section 2|- |- |- |- |7.50% | | |(3) | | | | | | |1998 |section 2|- |- |- |- |- | | |(3) | | | | | | |1999 |section 2|- |- |- |- |- | | |(3) | | | | | | |2000 |section 2|10% |10% |10% |10% |10% | | |(3) | | | | | | |2001 |section 2|12% or |12% |12% |12% |13% | | |(3) |17% | | | | | |2002 |section 2|2% |2% |2% |2% |2% | | |(3) | | | | | | |2003 |section 2|5% |5% |5% |5% |5% | | |(3) | | | | | | rate at which tax, or for that matter surcharge is to be levied is an essential component of the tax regime in govindasaran gangasaran v. ..... (2005) 7 scc396[6]. .....

Commissioner Of Central Excise Raipur Vs. M/s Sepco Electric Power Con ...

Court : Supreme Court of India

..... section 65(31), post amendment 2005, reads as under: section 65(31) consulting engineer means any professionally qualified engineer or any body corporate or any other firm who, either directly or indirectly, renders any service, consultancy or technical assistance in any manner to a client in one or more disciplines of engineering6.2 before it is considered, the effect of the amendment incorporating the words any body corporate , post 2005, we have to consider whether the original definition of consulting engineer under the finance act ..... 4.1 it is vehemently submitted that considering the provisions which was prevailing before the amendment on 01.05.2006 on interpretation of section 65 (31) of the finance act, 1994 and considering the fact that the definition of consulting engineer has been subsequently amended from 01.05.2006 to specifically include such services of any body corporate or any other firm , the learned tribunal has not committed any error in holding that prior ..... of this court is, the scope of definition of consulting engineer under section 65(31) of the finance act, 1994, specifically as to whether a body corporate is covered within its sweep prior to the amendment in 2005. ..... behalf of the revenue has submitted that the issue involved in the present appeal relates to the scope of the definition of consulting engineer under section 65 (31) of the finance act, 1994, specifically as to whether a body corporate is covered within its sweep prior to the amendment in 2005. .....