Court : Supreme Court of India
Reported in : AIR1986SC1992a; 1986(10)ECC73; 1986(25)ELT849(SC); JT1986(1)SC178; 1986(2)SCALE269; (1986)4SCC66; [1986]3SCR587; 1986(2)LC646(SC)
..... from duties, shall, as far as may be, apply in relation to the levy and collection of the special duties of excise leviable under this section in respect of any goods as they apply in relation to the levy and collection of the duties of excise on such goods under that act or those rules as the case may be.the finance acts from 1973 to 1976 also levied auxiliary excise duty on various categories of excisable goods including tyres but the levy of auxiliary excise ..... and but also comprises special duty of excise, additional duty of excise or any other kind of duty of excise, a further contention is raised on behalf of the assessee challenging the constitutional validity of the central excise laws (amendment and validation) act 1982 by which parliament sought to lay down certain statutory rules for interpretation for arriving at the true meaning and content of the expression 'duty of excise' in the notifications issued under sub-rule (1) of rule ..... special duties of excise-(1) in the case of goods chargeable with a duty of excise under the central excises act as amended from time to time, read with any notification for the time being in force issued by the central government in relation to the duty so chargeable there shall be levied and collected a special duty of excise equal to ..... . on the above view taken by us, we must hold that the central excise laws (amendment and validation) act, 1982 is merely declaratory of the existing law and hence its constitutional validity cannot be .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
..... 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) ..... section 73 was amended by finance act 2004, to replace section ..... overcome 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. ..... section 73 of the finance act as it stood prior to the amendment made on 10-09-2004 to read as under: ..... 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 though show cause notice was issued on 11-10-2002 it was adjudicated on 20-03-2008 during which time those amendments also had come into force. 7. ..... we note that two high courts have decided that demands issued even after amendments by finance act, 2004 for liability that arose for the period the 16-11-97 to 02-06-98 were barred by ..... finance act, 1994 was amended again by finance act 2003 to insert a clause 71a retrospectively for the period 16th day of july, 1997 and ending with the 16th day of october, 1998, reading as under: ..... which was affirmed by the apex court as reported at 2005 (187) elt 5 (sc) in favour of the service .....
Tag this Judgment!Court : Mumbai
Reported in : (1986)51CTR(Bom)195; [1986]162ITR764(Bom)
..... it was submitted by miss patel, learned counsel for the assessee, that the expression 'processing' used in clause(c) of sub-section(6) of section 2 of the said finance act has a wider connotation than the term 'manufacture' and that for an activity to be considered processing, it was not necessary that the activity must result in the production of a new commercial commodity ..... the material part of clause(c) of sub-section(6) of section 2 of the said finance act runs as follows :'industrial company' means a company which is mainly engaged in the business of generation or distribution of electricity or any other form of power or in the construction of ships or in the manufacture or ..... on the business of purchasing tea of different qualities, blending the same by mixing one type with another and selling it, was entitled to be considered as an 'industrial company' within the meaning of section 2(7)(c) of the finance act, 1978.10. ..... , the calcutta high court was called upon to consider the meaning of the term 'processing' used in the definition of 'industrial company' in section 2(7)(c) of the finance act, 1978. ..... that the assessee was entitled to be considered as an industrial company within the meaning of section 2(6)(c) of the finance act, 1969. ..... assessee underwent a change s a result of the activity applied to it before it was sold by the assessee and hence the activity must be regarded as a process within the meaning of the said expression in section 2(6)(c) of the said finance act.12. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC2524; [1973]89ITR236(SC); (1973)4SCC200; [1973]3SCR510
..... -tax officer that the unabsorbed reduction in rebate for the year 1957-58 could only be carried forward and set off against the rebate for the assessment year 1958-59 under the provision of the finance act, 1958, and as there was no rebate available for the assessment year 1958-59, the un-absorbed reduction in rebate exhausted itself and could not be further set off against the rebate available for the ..... to the amount or the aggregate of the amounts, as the case may be, computed as hereunder:(a) on that part of the aggregate of the sums arrived at in accordance with clause (i) of the second proviso to paragraph d of part ii of the first schedule to the finance act, 1958 (xi of 1958), as has not been deemed to have been taken into account, in accordance with clause (ii) of the said proviso, for the purpose of reducing the rebate mentioned in clause (i) of the said proviso to nil; (b) ...'6. ..... 'on that part of the aggregate of the sums arrived at in accordance with clause (i) of the second proviso to paragraph d of part ii of the first schedule to the finance act 1958 (act xi of 1958) as has not been deemed to have been taken into account, in accordance with clause (ii) of the said proviso, for the purpose of reducing the rebate mentioned in clause (i) of the said proviso to nil', it means ..... this appeal by certificate arises from the decision of the calcutta high court in a reference under section 66(1) of the indian income-tax act 1922 (to be hereinafter referred to as the 'act'). .....
Tag this Judgment!Court : Kerala
Reported in : (2002)174CTR(Ker)464; 2003(156)ELT17(Ker); [2003]264ITR633(Ker); 2006[2]STR554; [2007]8STT353
..... these writ petitions under article 226 of the constitution of india challenge the imposition of service tax under finance act of 1994, as amended by the finance act of 2001, on the taxable service provided by a photography studio or agency, in relation to photography, ..... the finance act are as under:-section 65(47): ..... hence also, it is contended that section 67 of the finance act is liable to be struck down ..... it is urged that, in all other cases falling under the net of service tax as defined in section 65(72), the cost of material involved is nil or negligible, the service element being predominant, in the case of the activities carried on by the petitioners, ..... 1948 fcr 267, air 1949 fc 81), the federal court held that a tax on buildings under section 3 of the punjab urban immovable property tax act, 1940 measured by a percentage of the annual value of such buildings remained a tax on building under that act even though the measure of annual value of a building was also adopted as a standard for determining income from property under the income tax act. ..... by adopting a thumb rule of excluding the elements in clause (b) of section 67, it is not possible to take the view that there is discriminative legislation so ..... the next contention is that clause (b) of explanation to section 67, which excludes the costs of unexposed photography film, unrecorded magnetic tape or such other storage devices sold to the client during the course of providing the service from the value of taxable .....
Tag this Judgment!Court : Mumbai
Reported in : [1980]124ITR783(Bom)
..... rejected the contentions advanced on behalf of the assessee in the following words :' after a very careful consideration of the matter, we have come to the final conclusion that it is only section 68 of the finance act which cast the liability on the assessee, though in a sense that liability was left to be invited by the assessee, to pay the tax and there was no such liability for payment ..... computed on the basis of the income earned in the various years which had remained unassessed till the same was disclosed by the assessee by his disclosure under section 68 of the finance act, 1965 ; (ii) once it is accepted that the wealth was comprised of the incomes earned during the different years, it is plain that the same attracted tax at the ..... to have missed or avoided giving consideration, to certain provisions to be found in section 68 which have been considered by the gujarat high court, particularly sub-section (6) of section 68 of the finance act, 1965, which provides that if certain conditions are satisfied, the item of concealed income disclosed, on which income-tax as provided by section 68(3) has been paid, would be excluded from the total income of the assessee ..... in the reference before the allahabad high court, the assessee concerned had made a voluntary disclosure of his concealed income of rupees five lakhs under section 68 of the finance act, 1965, it was the assessee's case that he had earned this income during a number of years in the past, and in the wealth-tax .....
Tag this Judgment!Court : Mumbai
Reported in : [1995]216ITR199(Bom)
..... the commissioner of income-tax scrutinised the relevant assessment records of the assesses and, being of the opinion that the assesses-company was not entitled to development rebate in view of section 16(c) of the finance act, 1974, initiated proceedings under section 263 of the act and after hearing the assesses, passed an order directing the income-tax officer to withdraw the development rebate of rs. ..... for a proper appreciation of the controversy before us, it may be expedient to refer briefly to the scheme of section 33 of the income-tax act, 1961 ('the act'), notification of the central government discontinuing the grant of development rebate in respect of machinery installed after may 31, 1974, and the effect of section 16(c) of the finance act, 1974, allowing continuance of development rebate in certain cases in respect if machinery installed by the assesses between june 1, 1974, and june 1 1977, despite the ..... in view of the above discussion and the clear language of section 16(c) of the finance act, 1974, we find it difficult to agree with the tribunal that to avail of the benefit of section 16(c) of the finance act, 1974, it is sufficient that the order for purchase of the machinery is placed before the specified date and that it is immaterial as to who placed the order-the assesses or its ..... tribunal accepted the contention of the assesses and observed that the requirement of section 16(c) of the finance act, 1974, was that the order should be placed prior to december 1, .....
Tag this Judgment!Court : Supreme Court of India
..... of part xiv of the finance act, 2017 discloses how by virtue of sections 158 to 182, parliament has amended twenty-five central enactments which ..... act, 1997 (24 of 1997); (xiii) section 53t of the competition act, 2002 (12 of 2003); (xiv) section 125 of the electricity act, 2003 (36 of 2003); (xv) section 24 of the national tax tribunal act, 2005 (49 of 2005); (xvi) section 30 of the armed forces tribunal act, 2007 (55 of 2007); (xvii) section 37 of the petroleum and natural gas regulatory board act, 2006 (19 of 2006); (xviii) section 31 of the airports economic regulatory authority of india act, 2008 (27 of 2008); (xix) section 22 of the national green tribunal act, 2010 (19 of 2010); (xx) section 423 of the companies act, 2013 (18 of 2013); 114 (xxi) section ..... section 38 of the advocates act, 1961 (25 of 1961); (iv) section 261 of the income tax act, 1961 (43 of 1961) before the establishment of national tax tribunal; (v) section 130e of the customs act, 1962 (52 of 1962); 113 (vi) section 19(1)(b) of the contempt of courts act, 1971 (70 of 1971); (vii) section 374 and 379 of the code of criminal procedure, 1973 (2 of 1974) read with section 2 of supreme court (enlargement of criminal appellate jurisdiction) act, 1970 (28 of 1970); (viii) section 23 of the consumer protection act, 1986 (68 of 1986); (ix) section 19 of the terrorist and disruptive activities (prevention) act, 1987 (28 of 1987); (x) section ..... of commissioners was appointed in 1873 and later converted to the .....
Tag this Judgment!Court : Kerala
..... it is also the case of the petitioner that while issuing the show cause notice in terms of section 73 of the finance act, 1994, as amended, the respondents have not first resorted to the provisions of section 72 to complete a best judgment assessment against the petitioner, and therefore, to that extent, the issuance of the show cause notice even prior to the completion of that ..... issue of invoking the provisions of sections 72 and 73 of the finance act, 1994, as amended, it is pointed out that ..... that recently, a division bench of the high court of telengana & andhra pradesh has taken a prima facie view that, in as much as the lis in question had commenced prior to the introduction of the amendment to the finance act, 1994, with effect from august 2014, the petitioner's right of appeal as per the erstwhile provisions of law would not be w.p. ..... is an order passed by the 2nd respondent, against which the petitioner has an alternate remedy under the provisions of the finance act, 1994, as amended to prefer an appeal before the customs, excise and service tax appellate tribunal. ..... therefore, relegate the petitioner to the alternate remedy available under the finance act, 1994, as amended, of approaching the appellate tribunal by way of an appeal ..... it is pointed out that by virtue of the amendment that was introduced into the finance act, 1994, with effect from 16.08.2014, the petitioner is required to deposit only 7.5% of the tax amount confirmed against it, as a condition for preferring an .....
Tag this Judgment!Court : Delhi
..... , the point of taxation in respect of,(a) the services covered by sub-rule (1) of rule 3 of export of services rules, 2005; (b) the persons required to pay tax as recipients under the rules made in this regard in respect of services notified under sub-section (2) of section 68 of the finance act, 1994; (c) individuals or proprietary firms or partnership firms providing taxable services referred to in sub-clauses (g), (p), (q), (s), (t), (u), (za), (zzzzm) of clause (105) of section 65 of the finance act, 1994, shall be the date on which payment is received or made, as the case may be: provided that ..... 1st april 2012, inter- alia, amending rule 7 which applied to individuals or proprietary firms or partnership firms providing taxable services referred to in sub-clauses (g), (p), (q), (s), (t), (u), (za) and (zzzzm) of clause (105) of section 65 of the finance act, 1994. ..... this was done by the point of taxation (amendment) rules, 2011 vide notification no.25/11-st dated 31.3.2011. ..... notification no.4/2012 - service tax dated the 17th march 2012 has amended the point of taxation rules 2011 w.e.f. ..... the provisions have been amended both in the point of taxation rules 2011 and the service tax rules 1994 such that from 1st april 2012 the payment of tax shall be allowed to be deferred till the receipt of payment upto a value of rs 50 .....
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