Judgment Search Results Home > Cases Phrase: finance act 2005 section 18 amendment of section 54ed Page 9 of about 4,192 results (0.108 seconds)

Geo Sea Foods Vs. Addl. Sales Tax Officer

Court : Kerala

Reported in : 2006(1)KLT72; [2006]144STC553(Ker)

..... for the first time, the kerala finance act, 1993 introduced an amendment to section 17 prescribing a period of 4 ..... in that background, the finance act, 1993 introduced amendments to section 17 providing that the assessments should be completed within a period of 4 years and as far as the assessments pending as on 1.4.1993, within a period of four years from the date of publication of the act. ..... matter was pending before the supreme court, the state introduced a further amendment to the kerala finance act, 2000 inserting a new provision as section 17a. ..... in the case of assessments pending as on 1.4.1993, the second proviso to sub-section (6) thereof stipulated that such assessments should be completed within a period of four years from the date of publication of the kerala finance act, 1993.the scope and ambit of the expression 'assessment pending' occurring in the aforesaid proviso came up for consideration in geo sea ..... considering the addition of section 17a in the kerala general sales tax act, 1963 by the kerala finance act, 2000 and the facts stated in the rejoinder affidavit the impugned orders passed by the high court are required to be set aside and the matters are required to be remitted to high court for fresh ..... above provision has been deleted by the kerala general sales tax (amendment) act, 2005 since the provision became obsolete and the object sought to be achieved by the amendment served its purpose. ..... matter is placed before us pursuant to reference order dated 14.2.2005. .....

Seapearl Enterprises Vs. Dy. Cit, Cirecle-i, Alleppey

Court : Kerala

Reported in : [2006]155TAXMAN483(Ker)

..... levied on petitioners is not consistent with the law as stated by the patna high court confirmed by the supreme court in the above referred decisions, the demand of interest based on assessed income is perfectly in order by virtue of the amendment to the act by finance act, 2001 whereunder explanation 4 was omitted from section 234a and explanation i was substituted by the new explanation specifically providing for levy of interest with reference to tax assessed under sub-section (1) of section 143 or regular assessment. ..... union of india : 2005(188)elt129(sc) , shri prithvi cotton mills ltd. v. ..... year, an assessment is made for the first time under section 147, the assessment so made shall be regarded as a regular assessment for the purposes of this section.explanation 4 : omitted with retrospective effect from 1-4-1989 by finance act, 2001 was as follows:'explanation 4: in this sub-section 'tax on the total income as determined under sub-section (1) of section 143 or on regular assessment' shall, for the purposes of computing the interest payable under section 140a, be deemed to be tax on total income as declared in the return .....

Commissioner of Income Tax Vs. Mrs. C. Malathy

Court : Chennai

Reported in : (2008)214CTR(Mad)173

..... during the period commencing on the 1st day of october, 1991 and ending on the 30th day of september, 2005 in response to a notice served under this section, and(b) subsequently a notice has been served under sub-section (2) of section 143 after the expiry of twelve months specified in the proviso to sub-section (2) of section 143, as it stood immediately before the amendment of said sub-section by the finance act, 2002 (20 of 2002) but before the expiry of the time limit for making the assessment, re-assessment ..... , as per which, where a return has been furnished during a period commencing on 1st of october 1991 and ending on 30th of september 2005 pursuant to a notice served under section 148 and a notice under section 143(2) has been served after the expiry of twelve months as specified under section 143(2) as it stood before the amendment under the finance act, 2002, but before making the assessment, every such notice shall be deemed to be a valid notice; in the circumstances, the order of the .....

Gondia District Central Co-operative Bank Ltd Vs. Commissioner of Cent ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... in this scenario, i am of the view that, for the period april 2005 to march 2007, the benefit of section 80 of the finance act, 1994 is not admissible to the appellant. ..... had the appellant acted in terms of rule 6 (1), as amended with effect from 1.4.2005, they would not have defaulted monthly payments of service tax ..... but this plea is not valid from april 2005 inasmuch as rule 6 was amended with effect from 1.4.2005 making it obligatory for the assessee to pay service tax for every calendar month by the 5th of the next month ..... it was only on 11.4.2007 that the appellant came to know about the above amendment to rule 6, from a letter of the superintendent of central excise and customs. ..... as rightly pointed out by the counsel for the appellant, the original authority did not take into account the provisions of section 76 as it stood prior to 18.4.2006, the date on which it was amended. ..... ought to have paid the service tax for the month of march 2005 by 31st of the same month, even according to the pre-amended provisions of rule 6. ..... appears, the appellant failed to take note of the amendment to rule 6 of the service tax rules, 1994, which came into force on 1.4.2005. ..... for the period after amendment of the rule, there is no circular of the apex ..... appellant submits that they were not aware of the amendment brought to rule 6. ..... as per the amended rule, the service tax on an amount collected by the bank from a client for any banking service in the month of april should be paid by the 5th day of .....

Cce Vs. Sree Nithyakalyani Textiles Ltd.

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

..... in order to get over the supreme court's ruling, parliament amended section 65 ibid in relation to the limited period, 16.7.1997 to 16.10.1998 under section 116 of the finance act, 2000, whereby recipients of 'goods transport' service and 'clearing and forwarding' service were defined as "assessees". ..... such demands are not effected by the amendments made to section 65 by parliament under section 116 of the finance act, 2000 and consequently the y are hit by the apex court's ruling in laghu udyog bharati (supra). ..... , 2003, made certain amendments to the service tax provisions of the finance: act, 1994, whereby the aforesaid assessees were required to present tax returns to the proper officer within six months from 14.5.2003 (date on which the finance act, 2003 received presidential assent). ld. ..... but these rules were held to be ultra vires sections 65 and 66 of the finance act, 1994 by the hon'ble supreme court in the case of laghu udyog bharati (supra). ..... , 2000 receives the assent of the president shall be deemed to be valid and always to have been valid for all purposes, as validly and effectively taken or done" vide section 117 of the finance act, 2000. ..... the respondents had availed the services of goods transport operators during the period 16.11.1997 to 1.6.1998 but did not pay any tax thereon under the finance act, 1994. ..... s/91/2004 : 2005 (123) ecr 365 (t) commissioner v. ..... 335/2005 dated 7.3.2004 in appeal no. ..... (operative portion o the order was pronounced in open court on 3.6.2005) .....

Kissan Sahkari Chini Mills Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... 1000/- for every day during failure to pay service tax under section 76 of finance act, 1994, on the ground that the appellants were receiving the services of goods transport operators (gto) during the period 16-11-1997 to 1-6-1998. ..... it has been held that the demands could be confirmed only if the show cause notice had been issued prior to the amendment to the finance act covering the said services.4. ..... latter by retrospective amendment, these services were held to be taxable. ..... however, the show cause notice had been issued only after the amendment in 2004. ..... ) : 2005 (182) e.l.t. 33 (s.c. .....

Addl. C.i.T., Special Range-5 Vs. Vestas Rrb India Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)275ITR81(Delhi)

..... however, the proviso clause to section 43b stands amended by the finance act, 2003. ..... the finance act, 2003 has deleted the second proviso and amended the first proviso by the finance act, 2003 w.e.f ..... in case the amendment is not accepted to be operative retrospectively, then the amendment so brought in to statute by the finance act, 2003 would produce inequitable and illogical ..... shiv dayal radhey shyam 259 itr 147 by observing that first proviso to section 43b of the act inserted by the finance act, 1987 is retrospective and if the sales tax had been paid after the due date but during the grace period allowed under the sales tax act that does not attract provisions of section 43b of the act. ..... have also come across a similar situation and therefore the principal approved by the apex court would also apply with equal force to the amended proviso, so as to have retrospective application of the amendment brought by finance act, 2003. ..... initially the first proviso was inserted in section 43b by the finance act, 1987 w.e.f. ..... assessment year 2004-2005 to be read as under; "provided that nothing contained in this section shall apply in relation to any sum which is actually paid by the assessee on or before due date applicable in his case for furnishing the return of income under sub-section (1) of section 139 in respect of the previous year in which the liability to pay such sum was incurred as aforesaid and the evidence of such payment is furnished by the assessee along with such return." 12 .....

Mahanagar Telephone Nigam Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)100TTJ(Delhi)1

..... 2005) 93 ttj (del) 144 : (2005) 92itd 1 (del) where it has been held that the amendment carried out by the finance act ..... stand again observing that : section 80-ia(4c) was inserted in the act by the finance act, 1997 with retrospective effect ..... (ii) assessee's renewed claim that the technical upgradation of existing industrial undertaking would amount to starting of new industrial undertaking is also not allowable as the assessee-company is required to fulfil the conditions laid down in sub-section (2) of section 80-ia according to which in order to be entitled for making this claim, the assessee-company : (a) it is not formed by splitting up, or the reconstruction, of a business already in existence : provided that this condition shall not ..... the provision of section 80-ia(4c) introduced by the finance act, 1997 with retrospective effect from 1st april, 1996 is so clear that for non-fulfilment of the basic condition of starting the business of providing telecommunication services on or after ..... section 80-ia(4c) was inserted in the act by the finance act, ..... 723.30financial year 2000-01 23 exchanges 8 cellulars 2,471.86financial year 2001-02 68 cellulars & wll 2,662.15 on the basis of above figures it was argued that even if it is assumed that the deduction under section 80-ia is to be given on the basis of the undertaking which starts providing telecommunication services on or after 1st april, 1995, the ao should have allowed the deduction on the basis of the undertakings/exchanges which .....

Commissioner of Income Tax Vs. Boparai Industrial Corpn. (P) Ltd.

Court : Punjab and Haryana

Reported in : (2007)208CTR(P& H)411

..... the period commencing on the 1st day of october, 1991 and ending on the 30th day of september, 2005 in response to a notice served under this section, and(b) subsequently a notice has been served under sub-section (2) of section 143 after the expiry of twelve months specified in the proviso to sub-section (2) of section 143, as it stood immediately before the amendment of said sub-section by the finance act, 2002 (20 of 2002) but before the expiry of the time-limit for making the assessment, reassessment or recomputation ..... as specified in sub-section (2) of section 153, every such notice referred to in this clause shall be deemed to be a valid notice:provided further that in a case-(a) where a return has been furnished during the period commencing on the 1st day of october, 1991 and ending on the 30th day of september, 2005 .....

Commnr. of Income Tax, Jalandhar-i Vs. Shri Rajiv Bhatara

Court : Supreme Court of India

Reported in : (2009)222CTR(SC)209; [2009]310ITR105(SC); JT2009(4)SC39; 2009(3)SCALE16; (2009)13SCC315; [2009]178TAXMAN285(SC)

..... amendment was incorporated on 1.6.2002 by inserting proviso to section 113 by finance act ..... to 1.6.2002, the position was ambiguous as it was not clear even to the department as to whether surcharge was leviable with reference to the rates provided for in finance act of the year in which the search was initiated or the year in which the search was concluded or the year in which the block assessment proceedings under section 158bc were initiated or the year in which block assessment order was passed. ..... doubt precisely, the proviso has been inserted in section 113 by which it is indicated that finance act of the year in which the search was initiated ..... though parliament was aware of rate of tax prescribed by section 113 and yet in the various finance acts, parliament has sought to levy surcharge on the tax ..... reading section 2(1) of the finance act, 2001, it is clear that the term `income tax' as used in section 2(1) and proviso to section 2(3) of the said act did ..... assessing officer has applied the rate of surcharge at 17% which rate finds place in para a of part i of schedule i to the said finance act of 2001, therefore, surcharge leviable under finance act was a distinct charge, not dependent for its leviability on the assessee's liability to pay income tax but on assessed tax.13. ..... revenue the tribunal upheld the order dated 12.9.2005 passed by the cit (a) holding that the search in the present case took place on 6.4.2000 which was much prior to the date of amendment made in section 113. .....