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Amadeus India Pvt. Ltd. Vs.principal Commissioner, Central Excise, Se ...

Court : Delhi

..... . during the course of search which continued till 5th september, 2016, statements of representatives of the... petitioner were recorded under section 14 of the central excise act, 1944 read with section 83 of the finance act, 1994. in response to the queries raised by the... respondents, the... petitioner furnished details by a letter dated 5th september ..... the... petitioner was also asked to show cause why penalty under section 76 of the finance act, 1994 read with section 174 of the central goods & services tax act, 2017 (cgst act) should not be levied, in addition to the recovery of interest under section 75 of the finance act, 1994.6. on 3rd october 2018, the... petitioner drew the ..... . the mandatory character of the master circular can be traced to section 83 of the finance act, 1994 which makes section 37 b of the central excise act, 1944 applicable in relation to service tax. in terms section 37 b of the central excise act, 1944 instructions issued by the cbec would be binding on the .....

Kerala State Beverages Manufacturing And Marketing Corporation Limited ...

Court : Supreme Court of India

..... which can be disallowed under the said provision.10. sri ganesh, learned senior counsel appearing for the appellant by referring to explanatory note to the finance act, 2013, and section 40(a)(iib) of the act, has submitted that the levy of gallonage fees, licence fee and shop rental (kist) on fl 9 licence is not on any state ..... of it to the government by way of fees, taxes or similar such appropriations. from the relevant memorandum to the finance act, 2013 and underlying object for amendment of income tax act by act 17 of 2013, by which section 40(a)(iib)(a)(b) is inserted, it is clear that the said amendment is made to plug the possible ..... the income chargeable under the head profits and gains of business or profession . by the finance act, 2013 (act 17 of 2013), section 40 of the act is amended by inserting section 40(a)(iib), which has come into force from 01.04.2014. the said provision under section 40(a)(iib) reads as under : 40. amounts not deductible. notwithstanding any thing .....

General Electro Mechanical Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1987)(14)ECC207

..... to 1-3-1979, the subject goods were being classified under item 15a(2) get. however, in view of explanation ii to item 15a inserted by the finance act of 1979 by virtue of which insulators and insulating fittings were excluded from the item, the goods no longer fell under item 15a(2). the appellants thereupon claimed classification ..... item no. 22f as furnished by the appellants' counsel during the course of the hearing does not correctly reproduce the entry. the correct entry as seen from the relevant finance act, is as we have shown above.] 8. glass is, no doubt, as shri parthasarathy points out, a man made substance and not a naturally occurring mineral substance ..... the get. it appears the goods were being classified under item 15a(2) get till 28-2-1979.with the amendments to items 15a and 22f get by the finance act, 1979, the department considered that the correct item was 22f and not 68 get, as claimed by the appellants. after hearing the appellants, the assistant collector passed an .....

V.B. Information Systems Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (2005)(102)ECC522

..... of dispute, there is a recovery mechanism under rule 57 cc as retrospectively amended by the finance act, 2005 vide with section 82 (1)(b) read with sl. no. 2 under the fourth schedule.3. after examining the relevant provisions of the finance act, 2005, cited by ld. dr, i find that an "explanation" has been added to rule 57cc ..... of the "explanation" added to rule 57 cc.3. ld. counsel has submitted that, in the above circumstances, any penalty is not justifiable. before finance act, 2005 came into force, there was no statutory mechanism for recovery of rule 57 cc dues and accordingly the appellants resisted the demand. such mechanism has been introduced by ..... the finance act, 2005, with retrospective effect. thus it is by the operation of law that the dues adjudged by the lower authorities have become recoverable. in such circumstances, .....

Orient Express Co. (P.) Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1985)14ITD506(Delhi)

..... form in which it is capable of being sold or supplied in the course of business. now since the definition of 'industrial company' in the finance act, is so different from the language in section 32a the meaning given to the expression 'manufacture or processing of goods' cannot be applied to the manufacture or production of any article or thing ..... only a process in trading. this is the decision given by the kerala high court on the language used in section 2(6)(w) of the finance act. let us now compare and contract this language with the language used in section 32a(2)(&)(m). here the striking difference is absence of the word 'processing' and the use of the word ..... a private limited company also running a hotel business. for the assessment year 1968-69 it claimed to be an industrial company as the term is defined in the finance act, 1968. the claim of the assessee was that the activity of converting the raw materials into finished products, namely, food-stuffs did amount to carrying on of .....

Jay Engg. Works Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1992)43ITD594(Delhi)

..... is in respect of development rebate in respect of which there was no provision corresponding to explanation to section 32a(4). secondly, sub-section (9) of section 32a which was akin to explanation to section 34(3)(a) has been omitted by the finance act of 1990 w.e.f. 1-4-1976. it was accordingly pleaded that the deduction which is ..... . whether these two omissions by the finance act of 1990 supersede the decision of the hon'ble supreme court in the case of shri shubhlaxmi ..... ) (a) which has been omitted by the finance act, 1990 w.e.f. 1-4-1962. a similar provision like that of explanation to section 34(3)(a) was available in respect of the investment allowance by way of sub-section (9) to section 32a. subsection (9) to section 32a also stands omitted by the finance act of 1990 w.e.f. 1-4-1976 .....

Hmt Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT

Reported in : (1996)59ITD76(Bang.)

..... determining the written down value for the purposes of the said clause (vi). however, no amendment was brought to this definition under section 43(6) by the finance act, 1983 under which the last expression in clause (iv) of section 32(1) was deleted, as mentioned above. this clearly shows that the deletion of the expression was to have prospective effect only ..... 'but any such sum shall not be deductible in determining the w.d.v. for the purpose of clause (if) of sub-section (1)'. the words were deleted by the finance act, 1983, with effect from 1-4-1984 which meant that the initial depreciation admissible for assessment years commencing from 1984-85 will have to be reduced in arriving ..... with effect from april 1984. the appellant succeeds.on examination of the amendment caused to clause (iv) of sub-section (1) of section 32 by the finance act, 1983 with effect from 1-4-1984, we find that under the said amendment only the following expression was deleted: but any such sum shall not be .....

Deputy Commissioner of Vs. British Motor Car Co. Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1996)57ITD565(Delhi)

..... is allowable. admittedly, there is a close nexus between the debt and the asset, the value of which is chargeable under the wealth-tax act for the purpose of section 40 of finance act, 1983.as regards the proportionate deduction of liabilities which are charged or secured on chargeable asset, there is no dispute between the parties as ..... could not be considered for the purposes of being a direct charge against the asset, viz., 'pratap building'. drawing our attention to the provisions of section 40 of the finance act, 1983, it was argued that since a part of the asset was taxable it is only the proportionate debt, if at all, which has to be ..... , after deducting therefrom the debts owed, which are secured on or which have been incurred in relation to such assets. clause (vi) of sub-section (3) of section 40 of the finance act, 1983 specifies following asset :- "(vi) building or land appurtenant thereto, other than building or part thereof used by the assessee as factory, godown, warehouse, .....

T. N. Sridharan Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (2000)242ITR55(Mad.)

..... section 271(1)(c) which was applicable in the aforesaid case decided by the mumbai high court has been substituted by another explanation by taxation laws (amendment) act, 1975, w.e.f. 1-4-1976.this new explanation i applicable to the assessee's case now before the tribunal, is totally different from the nature and content of the explanation inserted by finance act ..... material to the computation of his total income have been disclosed by him." there is amendment brought in explanation b by the finance act, 1986.the following words in brackets were inserted by finance act, 1986 :- "(and fails to prove that such explanation is bona fide and that all the facts relating to the same and ..... material to the computation of his total income have been disclosed by him)".the above words which were introduced by the finance act, 1986 were taken to be part of explanation 1(b) even by finance act, 1983 by the learned accountant member, as can be seen from the extracted portion of the explanation given in .....

Smt. Krishna Verma Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)107ITD1(Delhi)

..... income that is to be charged in accordance with and subject to the provisions of this act. but for this provision, tax on income could not have been charged under the it act which is levied by the finance act every year. section 2 of the finance act every year provides that income-tax for the assessment year commencing from the 1st day of ..... the rates prescribed in part 1 of the first schedule. the first schedule of the finance act prescribes rates for various classes of persons. as such, the charge of tax on income arises under section 2 of the finance act and the provisions of it act including section 4 provide that tax at that rate or those rates is to be charged in accordance ..... is made in the same manner as was done in regard to section 148 of the act, as it existed prior to its amendment by finance act, 1996. he also placed reliance on the following judgment of the tribunal: (unreported judgment of tribunal 'e' bench, new delhi dt. 9th feb., 2005 in it(ss)a nos. 142 and 143/del/2003 in .....