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Star India (P) Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)103ITD73(Mum.)

..... (2005) 93 ttj (del) 144 : (2005) 92 itd 1 (del), wherein, it has been held that the amendment in section 43b by finance act, 2003, was ..... contended by him that in view of the omission of the second proviso to section 43b by finance act, 2003, no disallowance can be sustained if the payments are made before ..... although applied subsequently in general is applicable only where earning of income itself cannot be said to have occurred and not otherwise and more so particularly in view of statutory change brought in section 145 of the act and notification of accounting standards thereunder which have resulted in the convergence of accounting thought on accrual, taxman's thought on 'accrual' and judicial thought on accrual.accordingly, assessee's contention that ..... appreciation of the issue, it is pertinent to reproduce the relevant portions of the definition of the term 'accrual' as per as 1 issued by the institute of chartered accountants of india, section 5(1) of the it act, 1961 and as 1 notified by the central government under section 145 (2) as under: revenue and costs are accrued, that is recognized as they are earned or incurred (and not as money is received or paid) and recorded in the financial statements ..... permissible under the amended section 145 of the act. ..... of curtailing materially the scale of the business, profession or vocation and intends to continue his business, profession or vocation for the foreseeable future.6.7 section 145(1) of the it act, 1961 was amended w.e.f. .....

Commissioner of Income-tax Vs. Dalmia Agencies (P.) Ltd.

Court : Delhi

Reported in : [2010]186TAXMAN155(Delhi)

..... : [2000] 246 itr 568 : [2002] 122 taxman 620 (delhi), no more remains valid in view of legislative amendment in section 271 by the finance act, 2008. ..... by this amendment, sub-section (1b) is inserted to section 271 of the income-tax act retrospectively with effect from 1 -4-1989 as per which it is not necessary for the assessing officer to record such a satisfaction. ..... however, the assessee challenged the penalty order on the ground that the requirements of section 271(1)(c) of the act were not fulfilled and the penalty proceedings were illegally initiated by the assessing officer and consequently the penalty order passed also was not valid. ..... two opinions were possible and in case it was held by the assessing officer that the claim is allowable under section 35dda and not under section 37, that would mean that the assessing officer was not right in initiating penalty proceedings. ..... in such circumstances, even if the assessing officer ultimately held that claim could be allowed only under section 35dda, we are of the view that it was not a case where the assessee had concealed the income or had furnished inaccurate particulars. ..... the revenue challenged this order before the it at but without any success inasmuch as by reason of impugned order dated 30-8-2005, the tribunal has dismissed the appeal of the revenue. .....

Punj Lloyd Ltd. Vs. Bharat Petroleum Corporation Ltd.

Court : Mumbai

..... included in the contract price was only in respect of such taxes which were applicable and were payable by the contractor on the date of submission of bid and in view of central government having issued notification making section 88 of the finance act, 2005 applicable much later than the last date of filing bid is concerned, in my view in view of the corrigendum issued by the respondent much before the last date of submission of the bid and in view ..... of the instructions to bidder clearly indicates that the contract document shall consist of original bidding document along with its enclosures issued, amendment/corrigendum to original bidding document issued, if any, fax/letter of intent and detailed letter of award/acceptance along with enclosures ..... clause 32.2 provided that the contract document shall consist of (i) original bidding document alongwith its enclosures issued, (ii) amendment/corrigendum to original bidding document issued, if any, (iii) fax/letter of intent, (iv) detailed letter of award/acceptance along with ..... instructions to bidder provides that the respondent or the project management consultant for any reason whether at his own initiative or in response to the clarification requested by the prospective bidder may issue amendment in the form of addendum during the bidding period or subsequent to receiving the bids. ..... it is thus clear beyond reasonable doubt that the amendment in the form of addendum could be issued not only during the bidding period but even .....

Suresh Kumar Bansal and Others Vs. Union of India and Others

Court : Delhi

..... state of karnataka (supra), we do not propose to examine whether services involved in construction of complexes is exigible to service tax as services in relation to execution of a works contract falling within the scope of section 65(105)(zzzza) of the act or under section 65b(44) after the amendments brought about in the act by virtue of finance act, 2012 - the said controversy is outside the scope of the present petitions and it would not be appropriate for us to examine it in these petitions [see hindustan polymers co. ..... the supreme court further concluded that prior the enactment of the finance act 2007 - by virtue of which section 65(105)(zzzza) of the act was introduced and section 67 of the act was amended - a composite contract was not taxable. ..... clause (zzzh) was introduced in section 65(105) of the act by the finance act, 2005, with effect from 16th june, 2005, to bring services in relation to construction of a complex within the definition of 'taxable service'. ..... union of india: (2005) 4 scc 214 and quoted the following passage from the said judgment:- this mutual exclusivity which has been reflected in article 246(1) means that taxing entries must be construed so as to maintain exclusivity ..... of excise and customs, the relevant extract of which is reproduced below:- service tax on construction services 8.1 the service tax on construction of commercial or industrial construction services was introduced in 2004 and that on construction of complex was introduced in 2005. 8.2. .....

Commissioner of C. Ex. and Cus. Vs. Gupta Steels Pvt. Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

..... i find that prior to amendments made in section 35b of the central excise act, 1944 by the finance act, 2005 w.e.f. ..... prior to the amendment of the section by the finance act, 2005, the jurisdictional commissioner could authorize filing such an appeal if he was of the opinion that the order of the commissioner (appeals) was not legal or proper. ..... however, the proposal was modified and ultimately the finance act, 2005 provided for authorization by a committee of two commissioners. ..... though the notes on clauses to the finance act, 2005 and the absence of any parliamentary debate on this change do not throw any further light, the change itself indicates that the earlier provision enabling the jurisdictional commissioner of the same rank examining the ..... the appeals filed by the revenue on the following grounds: (i) the authorization to file the present appeals has been signed by only one commissioner and not by a committee of two commissioners as required under sub-section (2) of section 35b of the central excise act, 1944 and therefore the said authorization is not valid, and hence the appeals should be dismissed; (ii) the commissioner, who has signed the authorization, has not applied his mind to come to a conclusion ..... in the finance bill, 2005, this provision was proposed to be amended providing for authorization to file an appeal by a committee of two chief commissioners. .....

M/s. V S Products Vs. Union Of India

Court : Karnataka

..... of the amendment of the twelfth schedule of the finance act, 2005 the rates stand amended ..... d) in the alternative and without prejudice to the relief at prayer (c), have sought for declaration that section 136 of the finance act, 2001 under which there has been a levy and collection of nccd has been impliedly repealed with effect from ..... . legality of levy of nccd as per section 136 of the finance act, 2001 section 136 of the finance act, 2001 provides for levy of nccd and section 136 (1) and (2) are extracted herein ..... apex court has clearly opined that the surcharge leviable under section 2 (1) of the finance act, 1963 are relatable to article 271 of the constitution ..... central excise tariff act, 1985 stood repealed by section 174 of the cgst act, the reference to the central tariff act, 1985 in the seventh schedule of the finance act, 2001 is ..... c) declaration that section 136 of the finance act, 2001 under which there is levy and collection of national calamity contingent duty (hereinafter referred to as nccd ..... a tax not mentioned in the concurrent or state list stands curtailed, as the same has been amended by 101st constitutional 18 amendment whereby article 248 has been amended and begins with the phrase subject to article 246-a, vi) the levy of basic excise duty by virtue of amended section 3 of the central excise act at the rates set forth in the fourth schedule to the central excise act, 1944 despite being subjected to various indirect taxes under the gst regime is unconstitutional .....

Harsh International Flavour Vs. Union Of India

Court : Karnataka

..... of the amendment of the twelfth schedule of the finance act, 2005 the rates stand amended ..... d) in the alternative and without prejudice to the relief at prayer (c), have sought for declaration that section 136 of the finance act, 2001 under which there has been a levy and collection of nccd has been impliedly repealed with effect from ..... . legality of levy of nccd as per section 136 of the finance act, 2001 section 136 of the finance act, 2001 provides for levy of nccd and section 136 (1) and (2) are extracted herein ..... apex court has clearly opined that the surcharge leviable under section 2 (1) of the finance act, 1963 are relatable to article 271 of the constitution ..... central excise tariff act, 1985 stood repealed by section 174 of the cgst act, the reference to the central tariff act, 1985 in the seventh schedule of the finance act, 2001 is ..... c) declaration that section 136 of the finance act, 2001 under which there is levy and collection of national calamity contingent duty (hereinafter referred to as nccd ..... a tax not mentioned in the concurrent or state list stands curtailed, as the same has been amended by 101st constitutional 18 amendment whereby article 248 has been amended and begins with the phrase subject to article 246-a, vi) the levy of basic excise duty by virtue of amended section 3 of the central excise act at the rates set forth in the fourth schedule to the central excise act, 1944 despite being subjected to various indirect taxes under the gst regime is unconstitutional .....

M/s Dinesh Fragrance Vs. Union Of India

Court : Karnataka

..... of the amendment of the twelfth schedule of the finance act, 2005 the rates stand amended ..... d) in the alternative and without prejudice to the relief at prayer (c), have sought for declaration that section 136 of the finance act, 2001 under which there has been a levy and collection of nccd has been impliedly repealed with effect from ..... . legality of levy of nccd as per section 136 of the finance act, 2001 section 136 of the finance act, 2001 provides for levy of nccd and section 136 (1) and (2) are extracted herein ..... apex court has clearly opined that the surcharge leviable under section 2 (1) of the finance act, 1963 are relatable to article 271 of the constitution ..... central excise tariff act, 1985 stood repealed by section 174 of the cgst act, the reference to the central tariff act, 1985 in the seventh schedule of the finance act, 2001 is ..... c) declaration that section 136 of the finance act, 2001 under which there is levy and collection of national calamity contingent duty (hereinafter referred to as nccd ..... a tax not mentioned in the concurrent or state list stands curtailed, as the same has been amended by 101st constitutional 18 amendment whereby article 248 has been amended and begins with the phrase subject to article 246-a, vi) the levy of basic excise duty by virtue of amended section 3 of the central excise act at the rates set forth in the fourth schedule to the central excise act, 1944 despite being subjected to various indirect taxes under the gst regime is unconstitutional .....

R M Dhariwal (huf) Vs. Union Of India

Court : Karnataka

..... of the amendment of the twelfth schedule of the finance act, 2005 the rates stand amended ..... d) in the alternative and without prejudice to the relief at prayer (c), have sought for declaration that section 136 of the finance act, 2001 under which there has been a levy and collection of nccd has been impliedly repealed with effect from ..... . legality of levy of nccd as per section 136 of the finance act, 2001 section 136 of the finance act, 2001 provides for levy of nccd and section 136 (1) and (2) are extracted herein ..... apex court has clearly opined that the surcharge leviable under section 2 (1) of the finance act, 1963 are relatable to article 271 of the constitution ..... central excise tariff act, 1985 stood repealed by section 174 of the cgst act, the reference to the central tariff act, 1985 in the seventh schedule of the finance act, 2001 is ..... c) declaration that section 136 of the finance act, 2001 under which there is levy and collection of national calamity contingent duty (hereinafter referred to as nccd ..... a tax not mentioned in the concurrent or state list stands curtailed, as the same has been amended by 101st constitutional 18 amendment whereby article 248 has been amended and begins with the phrase subject to article 246-a, vi) the levy of basic excise duty by virtue of amended section 3 of the central excise act at the rates set forth in the fourth schedule to the central excise act, 1944 despite being subjected to various indirect taxes under the gst regime is unconstitutional .....

Everest Industries Llp Vs. Union Of India

Court : Karnataka

..... of the amendment of the twelfth schedule of the finance act, 2005 the rates stand amended ..... d) in the alternative and without prejudice to the relief at prayer (c), have sought for declaration that section 136 of the finance act, 2001 under which there has been a levy and collection of nccd has been impliedly repealed with effect from ..... . legality of levy of nccd as per section 136 of the finance act, 2001 section 136 of the finance act, 2001 provides for levy of nccd and section 136 (1) and (2) are extracted herein ..... apex court has clearly opined that the surcharge leviable under section 2 (1) of the finance act, 1963 are relatable to article 271 of the constitution ..... central excise tariff act, 1985 stood repealed by section 174 of the cgst act, the reference to the central tariff act, 1985 in the seventh schedule of the finance act, 2001 is ..... c) declaration that section 136 of the finance act, 2001 under which there is levy and collection of national calamity contingent duty (hereinafter referred to as nccd ..... a tax not mentioned in the concurrent or state list stands curtailed, as the same has been amended by 101st constitutional 18 amendment whereby article 248 has been amended and begins with the phrase subject to article 246-a, vi) the levy of basic excise duty by virtue of amended section 3 of the central excise act at the rates set forth in the fourth schedule to the central excise act, 1944 despite being subjected to various indirect taxes under the gst regime is unconstitutional .....