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Shree Choudhary Transport Co. Vs. Income Tax Officer

Court : Supreme Court of India

..... not limited only to the amount outstanding and this provision equally applies in relation to the expenses that had already been incurred and paid by the assessee; that disallowance under section 40(a)(ia) of the act of 961 as introduced by the finance (no.2) act, 2004 with effect from 01.04.2005 is applicable to the case at hand relating to the assessment year 2005-2006; and that the benefit of amendment made in the year 2014 to the provision in question is not available to the appellant in the present case ..... learned counsel for the revenue has further contended that the amendment to section 40(a) of the act with insertion of sub-clause (ia) by the finance (no.2) act, 2004 with effect from 01.04.2005 directly applies to the assessment year 2005-2006; and for the appellant having failed to deduct tax at source from the payment made to the sub-contractors for the work of transportation, deduction of such payment has rightly been disallowed. 11.5. ..... . before proceeding further, it appears apposite to observe, as indicated in paragraph 7.3 hereinbefore, that in the copy of order passed by itat in this case, there is obvious typographical error on the date of coming into force of the amendment to section 40 of the act of 1961 by the finance (no.2) act, 2004 inasmuch as the said amendment was made applicable with effect from 01.04.2005 and not 01.04.2004, as appearing the copy of the order of itat .....

Assistant Commissioner of Income Vs. Suretech Hospital and Research

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : (2006)104TTJ(Nag.)869

..... there is no word or language from which it can be inferred that the amendment of section 271(1)(c) of the it act, 1961 by the finance act, 2002 has retrospective operation. ..... there is no word or language from which it can be inferred that the amendment of section 271 by the finance act, 1968, has retrospective operation. ..... april, 2003.in support of his contentions, he relied upon the following decisions and propositions laid down therein: penalty-concealment of income-law applicable-principles-original return filed on 1st march, 1967-law as it stood prior to amendment by finance act, 1968, applies-it act, 1961, section 271(1)(c). ..... 4 to section 271(1)(c) was amended by finance act, 2002 and the said amendment is applicable from 1st april, 2003. ..... section 18(1)(a) of the wt act, 1957, as amended by the finance act, 1969, is not retrospective in its operation. ..... 4 to section 271(1)(c) which were amended by the finance act, 2002 and submitted that the ao has erred in levying penalty under section 271(1)(c) by applying the provisions applicable w.e.f. ..... 4 to section 271(1)(c) which was amended by finance act, 2002, i am of the opinion that the said amendment is applicable from 1st april, 2003. ..... 25th july, 2005 in the case of cit v. ..... 154/nag/2005 for the asst.yr. ..... cit (2005) 96 ttj (mumbai) 773 and submitted that this decision supports the case of the department and the penalty was exigible in the case of the assessee.11. ..... , 2005 and also 11/nag/2004 asstt. .....

Ms. Shanti Logistics (P) Limited Vs. the Assistant Commissioner of Inc ...

Court : Chennai

..... the claim of the assessee for the assessment year 2007-08, the commissioner of income tax (appeals) referred to the contention taken by the assessee as regards the amendment brought forth with effect from 1.4.2005 under the finance act, 2008, mitigating the rigour of section 40(a)(ia) and the circular dated 27.3.2009 that the amendment would apply on and from the assessment year 2005-06. ..... it stood during the relevant year has to be seen.finance act, 2008 amending section 40(a)(ia) with effect from 1.4.2005section 40(a)(ia)amounts not deductible.40. ..... referring to the circular of the board dated 27.3.2009, particularly with reference to the amendment brought under the finance act, 2008 with retrospective effect from 1.4.2005, the commissioner of income tax (appeals) held that since tax deducted at source had been paid well before the due date for filing the return of income, the assessee was entitled ..... as against the substantive portion of the order, the revenue went on appeal contending that the amendment brought under the finance act, 2010 are being retrospective one, as such, the question of granting relief, particularly, for the tds liability pertaining to the period april 2006 and february 2007, did ..... apart from that, when the amendment of finance act, 2010 is not given retrospective effect, the question of extending the benefit of the circular relating to the year 2008 ..... explaining the amendment under the finance act 2008, the central board of direct taxes issued the circular .....

Essar Steel Ltd. Vs. Union of India (Uoi)

Court : Gujarat

Reported in : [2010]24STT121

..... x-a in the customs act, 1962 containing sections 76a to 76n being special provision relating to special economic zone including the charging provision (section 76f) providing for levy of export duty on goods supplied from the domestic tariff area to the special economic zone has been omitted by the finance act, 2007 with effect from 11-5-2007 arid no corresponding provision akin to section 76f has been enacted in the sez act, 2005 which categorically rules out ..... the absence of any amendment of the definitions of the terms 'export' and 'india' in the customs act, 1962, or any amendment in the charging section, i.e. ..... submitted that in exercise of powers conferred under section 55 of the act of 2005, the central government had made the special economic zones rules, 2006 as originally enacted on 10-2-2006 and amended on 10-8-2006. ..... customs act was amended from time to time and some important amendments were made to the sea customs act by the sea customs (amendment) act, 1955 ..... by office order dated 17-5 -2008, the said circular dated 14-5-2008 was amended and it was ordered that the subject goods would be provisionally assessed on furnishing a suitable pd bond with surety/security and the goods would be allowed to be admitted in the ..... 11 in the second schedule to the customs tariff act, 1975 was amended with effect from 1-3-2007, the are-l's bills of export for supply of iron ore pellets by the petitioner to the sez unit continued to be assessed and the subject goods were permitted for .....

Tube Investments of India Ltd. Vs. Commr. of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... the appellants' contention is that they have paid the amount of service tax and since there is retrospective amendment by section 117 of finance act, they are eligible for the refund.4. ..... writ petition (civil) 539 of 2000 has settled the subject issue and upheld the validity of amendments and the action taken in pursuant to the earlier rules and further upheld the levy of tax on the recipient of the services in the case of services rendered by goods transport operators and clearing and forwarding agents. ..... while upholding the constitutional validity of the amendments and the levy of tax, the hon'ble court directed that the liability to pay interest or penalty on outstanding amounts would arise only if dues are not paid within the period of two weeks from ..... in this case the appellant had already paid the service tax liability arising on services received from gto, and seeks refund of the same, which would not get covered by the retrospective amendment.in view of the above appeal is dismissed. ..... the issue involving non-payment of service tax by people against whom no action was initiated by the department could take the advantage of the retrospective amendment and contest the issue. ..... this appeal is directed against order-in-appeal dated 26-5-2005 which upheld the order-in-original wherein refund claim of the appellants was rejected.2. ..... after the amendment of the notification they claimed the refund of the same. .....

Narang Plastics Pvt Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

..... it is also clarified that finance act, 2005, under sub-section (1) of section 84 which amends sub-section (1) of section 5a of the central excise act, 1944 retrospectively for periods between 21.02.2000 to 28.2.2003, mentions that clearances made under notification issued under sub-section (1) of section 5a of central excise act, 1944 are valid. ..... further the sub-section (3) of section 84 of finance act, 2005 states: no recovery shall be made of all such amounts of duty or interest or penalty or fine or other charges which have not been collected or, as the case may be, for which demand notices have been issued under section 11a or, recovery proceedings have been initiated under section 11 of the central excise act, as of the amendment made by sub-section (1), had been in force at all material times.therefore the amount at 8% demanded on the price of final products cleared during ..... the contention taken by the appellants that the clearance of exempted final products, in dispute period are within the period of valid for clearance under section 84 of finance act, 2005 is well taken proposition and required to be accepted. ..... 3/2001 dated 1.3.2001 as amended. ..... 3/2005 ce dated 12.01.2005. .....

Commissioner of Service Tax Vs. Anil Kumar Mishra

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2008)10STR408

..... the penalty imposed upon the respondent herein by the adjudicating authority in terms of section 76 of the finance act, 1994, has been set-aside by the lower appellate authority on the ground that the entire service tax amount was deposited together with interest before the issue of show cause notice (amount was ..... 736 (t-chennai), penalty has been held to be not imposable under section 76 of the finance act, 1994, for the reason that the service tax was paid prior to the issuance of the show cause notice. ..... commissioner of central excise, coimbatore (supra), would not apply as it covered the period post amendment, while the period in the present case is october, 2002, which is prior to the amendment in section 76, does not make any difference in view of the above judgments of the tribunal.3. ..... the reliance placed by the learned dr on the amendment to section 76 w.e.f. ..... pioneer plastic products - 2005-tiol-1175-cestat-kol and commissioner v. .....

Chohung Bank Vs. Deputy Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... finance act and the dtaa if it was possible to levy tax at a higher rate on the foreign companies then there was no need to amend section 90.3 ..... 4948/m/05 (supra) held that explanation to section 90(2) introduced by the finance act, 2001 with retrospective effect from 1-4-1962 is an integral part of the section, which clearly laid down that the charging of a foreign company at a higher rate will not be regarded as less favourable as compared to domestic company ..... that in terms of the provisions of article 25(2) of the dtaa between india and korea, india cannot levy tax on the indian permanent establishment of a korean enterprise at a rate higher than the rate applicable to: further, explanation to section 90 provides that if the foreign company (permanent establishment) is charged tax at a rate higher than a domestic company then the same is not to be considered as less favourable charge for the foreign company. ..... cit (2005) 4 sot 643 (tm) the kolkata tribunal has specifically observed that the explanation to section 90 has been inserted with the intention of overriding the provisions of the non-discrimination of the dtaas ..... at the time of hearing, the learned counsel for the assessee fairly conceded that the only issue in both the appeals is covered against the assessee by the decision dated 25-11-2005 of the itat 'd' bench in ita no. ..... the facts of the assessee's case are identical with that in the assessment year 2002-03, wherein, the tribunal vide order dated 25-11-2005 in ita no. .....

The Commissioner of Income Tax (Central-ii) Vs. Goetze (India) Limited

Court : Delhi

..... clause (i) of the explanation and the proviso thereto, which was introduced by finance act, 1989 with retrospective effect from 1st april, 1988 were as under: i) the amount withdrawn from reserves (other than the reserves specified in section 80hhd) or provisions, if any such amount is credited to the profit and loss account: provided that, where this section is applicable to an assessee in any previous year (including the relevant previous year), the ..... answered in favour of the appellant-revenue and against the respondent-assessee in view of explanation 2 to section 234d, which was inserted by finance act, 2012 with retrospective effect to assessments made on or after 1st june, 2003. ..... the said explanation was amended by finance act, 2000 with effect from 1st april, 2001 to exclude reserves created on or after 1st day of april, 1997 but ending before the 1st day of april, 2001, otherwise than by debit ..... vide order dated 5 th january, 2005 passed an order giving effect to the order passed by the commissioner under section 263 of the act. ..... appeal before the tribunal being ita no.409/del/2007 and also preferred an appeal against the order of commissioner of income tax under section 263, which was registered as ita no.208/del/2005. ..... in the first appeal and the tribunal has observed that reliance placed on the order of the tribunal for the assessment year 2000-01 in ita no.208/del/2005 was distinguishable as it related to the jurisdiction of the commissioner under section 263 of the act. .....

Panorama Builders Pvt. Ltd. C/o West INN Ltd. Vs. Union of India (UOi) ...

Court : Gujarat

Reported in : (2005)196CTR(Guj)515; [2007]291ITR294(Guj)

..... -registrar's records for a period of last about 40 years the title to the property is clear, marketable and free from all encumbrances and reasonable doubt subject to -(i) usual declaration,(ii) provisions of the urban land (ceiling & regulations) act,(iii) variations, if any, in town planning scheme.in the circumstances, it is not possible to accept the contention on behalf of sbi that it was required to be heard as interested person or that any default had been committed by the income tax ..... the legislature stepped in and substituted the said expression 'free from all encumbrances' by the finance act, 1993 with retrospective effect from 17.11.1992 by the portion in parenthesis. ..... 'the effect of the amendment in the main provision is that the vesting takes place in terms of the agreement for transfer which was entered into by the transferor and the transferee as referred to in section 269uc(1) of the act. ..... inviting attention to the additional affidavit-in-reply dated 21st march,2005 it was submitted that the department was ready and willing to execute the sale-deed in favour of the petitioner 'on receipt of sale consideration in the zao (cbdt) account'. ..... 6 - state bank of india but not later than 30th april,2005 under cover of forwarding letter.25. ..... 3 is directed to ensure that the final deed of conveyance is executed in favour of the petitioner on or before 5th may,2005. .....