Judgment Search Results Home > Cases Phrase: finance act 2005 section 18 amendment of section 54ed Court: gujarat Page 1 of about 75 results (0.063 seconds)

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under section 55 of the act of 2005, the central government had made the special economic zones rules, 2006 as originally enacted on 10-2-2006 and amended on 10-8-2006.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 .....

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. .....

Gas Authority of India Ltd. Vs. the State of Gujarat and ors.

Court : Sales Tax Tribunal STT Gujarat

..... central sales tax, the lordship of the supreme court as affirmed decision of madras high court and supreme court has upheld following observation of madras high court which i produced as under:- "whereas section 3 of the central sales tax act makes a sale of ascertained goods exigible to tax by the despatching state by reason of the movement of the goods having been occasioned under the contract, in the case of unascertained goods the despatching state has no jurisdiction ..... issued by the government of india dated 17/03/2005, no central sales tax appellate authority is constituted as provided under section 19 of the central sales tax act but by that notification authority for advance ruling was empower to settled issue arising out of section 6a and section 9 of the central sales tax act.when central sales tax appellate authority has provided under section 19 of the central sales tax act is not constituted by the government of india till than, section 25 had no application whatsoever to pending matters ..... so this second notification clearly shows that the authority for advance ruling constituted under section 24c of the income tax act will also worked has central sales tax appellate authority the date on which central sales tax (amendment) act 2001 come into force 17/03/2005.32. ..... he has further submitted that the government of india ministry of finance has issued two notifications on 17/03/2005. .....

Ahmedabad Manufacturing and Calico Printing Co. Ltd. Vs. Commissioner ...

Court : Gujarat

Reported in : (1981)25CTR(Guj)263

..... whether, on the facts and in the circumstances of the case, the tribunal was justified in rejecting the assessee's claim for deduction under section 2(5)(a)(i) of the finance act, 1965, on account of export of cloth out of india during the accounting year ending on 31st march, 1965 ?' 10. ..... whether, on the facts and circumstances of the case, the tribunal was justified in rejecting the assessee's claim for deduction under section (2)(a)(i) of the finance act, 1964, on account of export of cloth out of india during the accounting year ending on 31st march, 1964 ? ..... - (1) where the total income of an assessee referred to in sub-clause (i) of clause (a) of sub-section (5) of section 2 of the finance act, 1964 (5 of 1964), includes any profits and gains derived from the export of any goods or merchandise out of india, the amount of such profits and gains in respect of which deduction of income- ..... uphold the finding of the revenue authorities that the assessee is not entitled to any relief under section 2(5)(i) of the finance act, 1963.' 7. ..... provision contained in the finance act, 1964, the year mentioned in 1964, while in the finance act, 1965 the year ..... these provisions contained in finance act, 1964, and finance act, 1965 are in identical terms except for the year mentioned in ..... , following his decision in the assessment year 1963-64, rejected the assessee-company's claim for rebate under the aforesaid provisions of the relevant finance acts in the assessment years 1964-65 and 1965-66. 3. .....

Chhotabhai Jethabhai Patel and Co. Vs. Commissioner of Income-tax, Guj ...

Court : Gujarat

Reported in : (1981)22CTR(Guj)173; [1982]134ITR201(Guj)

..... several places, as we have shown by underlining from the quotation from the statement annexed to the declaration under clause 68 of the finance act of 1965, the assessee made it very clear and specified that the amount of rs ..... permitted to go back upon the arrangement because it was only on the basis of that arrangement between the assessee and the department that the two disclosures were made, one under the ad hoc scheme of the finance act of 1965 and the other under s ..... certificate was issued on november 25, 1965, by the commissioner, gujarat-i, certifying that the assessee had made a declaration under clause 68 of the finance act of 1965 of income amounting to rs ..... view of this arrangement which was arrived at, it may be pointed out that there was an agreed assessment but the agreed assessment was cast in the form of voluntary disclosure schemes of the finance act of 1965 (what is called an ad hoc scheme) and the scheme under the finance (no ..... whether, on the facts and in the circumstance of the case, tribunal was justified in holding that imposition of penalties under section 271(1)(c) was justified for, (a) assessment year 1962-63, (b) for assessment year 1963-64, and (c) assessment year 1964-65 ?' ..... clause (a), 'any amount declared by any person under this section in respect of which the tax referred to in sub-s ..... if he credits in books of account, if any, maintained by him for any source of income or in any other record, the amount declared as reduced by the tax paid thereon under this section' .....

Ahmedabad Manufacturing and Calico Printing Co. Ltd. Vs. Commissioner ...

Court : Gujarat

Reported in : (1982)25CTR(Guj)263; [1982]137ITR616(Guj)

..... :'whether, on the facts and in the circumstances of the case, the tribunal was justified in rejecting the assessees claim for deduction under section 2(5)(a)(i) of the finance act, 1965, on account of export of cloth out of india during the accounting year ending on 31st march, 1965 ? ..... :'whether, on the facts and circumstances of the case, the tribunal was justified in rejecting the assessees claim for deduction under section (2)(a)(i) of the finance act, 1964, on account of export of cloth out of india during the accounting year ending on 31st march, 1964 ? ..... - (1) where the total income of an assessee referred to in sub-clause (i) of clause (a) of sub-section (5) of section 2 of the finance act, 1964 (5 of 1964), includes any profits and gains derived from the export of any goods or merchandise out of india, the amount of such profits and gains in respect of which deduction of income-tax and ..... circumstances, the ito, following his decision in the assessment year 1963-64, rejected the assessee-companys claim for rebate under the aforesaid provisions of the relevant finance acts in the assessment years 1964-65 and 1965-66.being aggrieved by the rejection of its claim, the assessee-company carried the matter in appeal before the ..... the provision contained in the finance act, 1964, the year mentioned in 1964, while in the finance act, 1965 the year mentioned ..... these provisions contained in finance act, 1964, and finance act, 1965 are in identical terms except for the year mentioned in cl. .....

Commissioner of Income-tax, Gujarat-i Vs. Lakhtar Cotton Press Co. (Pv ...

Court : Gujarat

Reported in : [1983]142ITR503(Guj)

..... both the references is identical, namely : 'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was right in law in holding that the assessee is entitled to be treated as an industrial company under section 2(7)(c) of the finance act, 1973 ?' 3. ..... expression 'manufacture or processing of goods' has not been defined by the finance act, 1973, or the finance act, 1974. ..... 2(6)(d) of the finance act, 1968, observed that it was evident from the context in which that word was used, that it was complementary to the term 'manufacture' and, therefore, would not cover ..... 2(8)(c) of the finance act, 1974, is the same ..... 2(8)(c) of the finance act, 1974, and except for this difference, in substance, the question involved in that reference is the same because the definition of industrial company ..... 2(7)(c) of the finance act, 1973, and, therefore, the order of the commissioner directing levy of tax at the rate of 65 ..... of the finance act, 1973 ..... of the finance act, 1973 ..... , therefore, to consider whether the tribunal was right in coming to the conclusion that pressing of loose cotton into bales amounts to processing of cotton within the meaning of the definition of 'industrial company' in the two relevant finance acts. 6. ..... of cotton amounts to processing of goods within the meaning of the definition of the term 'industrial company' and, therefore, the assessee is entitled to the tax concession available to such companies by virtue of the aforesaid two finance acts. .....

Mathurdas Govinddas Vs. G.N. Gadgil, Income-tax Officer, Special Inves ...

Court : Gujarat

Reported in : (1964)0GLR746; [1965]56ITR621(Guj)

..... any time notwithstanding the expiration of the period of eight years provided under the section as it stood prior to its amendment by the finance act, 1956, and also enacted section 4 in the following terms for validation of notices issued prior to the commencement of the amending act : 'no notice issued under clause (a) and sub-section (1) of section 34 of the principal act at any time before the commencement of this act and no assessment, reassessment or settlement made or other proceedings taken in consequence of such notice shall be called in ..... bombay high court apparently did not dispute the proposition that sub-section (1)(a) was a general provision and sub-section (1a) was a special provision but it sought to negative the applicability of the maxim generalia specialibus non derogant by saying that sub-section (1)(a) and sub-section (1a) did not operate together simultaneously over the escaped income of war years at any time either before the amendment by the finance act, 1956, or after and there was, therefore, no ..... notices were issued by the respendent on 31st january, 1962, and the question which, therefore, arises for consideration is whether after the amendment by the finance act, 1956, a notice can be issued under sub-section (1)(a) of section 34 for reopening an assessment for any of the assessment years covered by sub-section (1a) of section 34 when no notice for reopening such assessment was issued under sub-section (1a) of section 34 on or before 31st march, 1956. .....

Commissioner of Wealth Tax Vs. Cadmach Machinery Co. Pvt. Ltd.

Court : Gujarat

Reported in : (2007)212CTR(Guj)285

..... submitted that the reference was restricted to the issue arising in the assessment year 1986-87 and the subsequent amendment of clause (v) of sub-section (3) of section 40 of the finance act, 1983 did not make any difference insofar as the issue was confined to interpretation and application of the provisions of section 40(3)(vi) of the finance act, 1983. ..... amendment of act (11 of 1983)- in section 40 of the finance act ..... error in deleting the value of the factory and research buildings which were under construction and not in actual use for the purpose of business as contemplated under the provisions of section 40(3)(vi) of the finance act, 1983 and that in allowing the claim of the assessee, the tribunal had misread the plain and simple language of the said provisions. ..... for the purposes of its business or as residential accommodation for its employees whose income chargeable under the head 'salaries' is ten thousand rupees or less:subsequently, in the year 1988, under section 87 of the finance act, 1988, the above provision was amended. ..... he submitted that, though the amendment by way of finance act, 1988 was effected in the year 1988 ..... 36 itd 448 and appreciating the provisions of section 40 of the finance act, 1983, allowed the claim of the assessee ..... therefore, if the amendment brought about by the finance act, 1988 were given retrospective effect, an anomalous situation of the same asset being liable to wealth tax only during the period of construction would arise, according to the .....

Additional Commissioner of Income-tax, Gujarat Vs. Tarun Commercial Mi ...

Court : Gujarat

Reported in : [1978]113ITR745(Guj)

..... the submission of the learned advocate for the assessee, by the legislative changes brought about in clause (c) by the finance act, 1968, which deleted sub-clause (iii) of clause (c) and inserted sub-clause (v) to clause (a) in section 40, the distinction between an employee and a director of a company-assessee is not sought to be done away with by the said amendment. 4. ..... on behalf of the assessee are well-founded for two significant reasons : in the first place, the distinction in the matter of deductibility of expenses made by a company in the case of directors and employees before the finance act of 1964, or thereafter continues to prevail because in the ultimate analysis the legislature was making different provisions about the amount of expenses which would not be deductible in computing the income chargeable under the head 'profits ..... sub-clause (iii) of clause (c) of section 40 was first added by the finance act, 1963, with effect from april 1, 1963, and it read as under : '(iii) any expenditure which results directly or indirectly in the provision of any remuneration or benefit or amenity to an employee who is a citizen of india, to the extent such ..... sub-clause was omitted by the finance act, 1968, with effect from april 1, 1969, and in its place sub-clause (v) as extracted above as inserted in clause (a) of section 40. ..... position available before the amending act of 1968 does not appear to have been altered when the new sub-clause (v) was inserted in clause (a) of section 40. .....