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Commissioner of Income Tax Vs. Motilal Subhodh Kumar Jain

Court : Madhya Pradesh

Reported in : (2005)197CTR(MP)58; [2005]277ITR524(MP); 2004(3)MPLJ304

..... amendment has been made in the above provisions by the finance act, 2002, the amended section 269t reads thus :'mode of repayment of certain ..... of this section,--[substituted for following clause (i) by the finance act, 1985, ..... section 269t prior to the amendment and section 269ss makes it abundantly clear that legislature made a distinction between the mode of repayment of certain deposits which conditions provided in section 269t were not made applicable to a case of loan; loan and deposit have been treated differently in section 269ss and unamended section 269t of the act. ..... loan had not been included in deposit under unamended section 269t, thus, scheme of sections 269ss and 269t, as the provision stood before amendment in the relevant assessment year, provided for repayment of certain 'deposit' by way of account payee cheque not ..... it is clear from the amended section 269t of the act that 'loan' word has been introduced in section 269t for the first time in the ..... prior to amendment made in section 269t of the act, section 269ss provided the mode of taking or accepting ..... 1st april, 1986:)(i) 'banking company' shall have the meaning assigned to it in clause (i) of the explanation to section 269ss;(ia) 'co-operative bank' shall have the meaning assigned to it in part v of the banking regulation act, 1949 (10 of 1949);(ii) 'deposit' means any deposit of money which is repayable after notice or repayable after a period and, in the case of a person other than a company, includes deposit .....

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 .....

Parbhudas Kishoredas Tobacco Products Ltd. and ors. Vs. Union of India ...

Court : Madhya Pradesh

Reported in : (2009)20VST853(MP)

..... a reference has been made to the amendments made under sections 116 and 117 and insertion of section 71a in finance act, 1994 for the period july 16, 1997 to october 16, 1998 and by clause 150 of the finance bill, 2003, which has made the position clear that the petitioners are liable to pay ..... in the finance act, 2000, section 116 of the said act, the government has also amended the definition ..... issued with reference to the judgment of the apex court in the case of laghu udyog bharati : 1999ecr53(sc) before the validation of the provisions of service tax was made vide amendment of sections 116 and 117 of the finance act, 2000. ..... --during the period commencing on and from the july 16, 1997 and ending with the october 16, 1998, the provisions of chapter v of the finance act, 1994 shall be deemed to have had effect subject to the following modifications, namely:(a) in section 65,--(i) for clause (6), the following clause had been substituted, namely:(6) 'assessee' means a person liable for collecting the service tax and include--(i) his agent; or(ii) in relation to services provided ..... there is no amendment in section 66 or section 68 which would change the judgment of the apex court rendered in the case of laghu udyog bharati [1999] 115 stc 616 : [2005] 1 vst ..... to clearing and forwarding agents and the goods transport operators pursuant to the decision of the apex court in the aforesaid case of laghu udyog bharati [1999] 115 stc 616 (sc) : [2005] 1 vst 24 (sc) : [1999] 112 elt 365 (sc). .....

iris Electronics (India) Pvt. Ltd. Vs. State of Jharkhand Through the ...

Court : Jharkhand

Reported in : 2005(1)BLJR581; [2005(1)JCR130(Jhr)]

..... prayed :-(i) for a declaration that the bihar finance act, 1981 and the relevant rules framed therein and the notification issued in exercise of powers under the act will continue to operate in the state of jharkhand till any amendment is made under the provisions of section 84 of the bihar reorganization act, 2000. ..... in exercise of power under section 85 of the bihar reorganization act, 2000, the state of jharkhand has adopted various acts of the then existing state of bihar including the bihar finance act, 1981'and the bihar sales tax rules ..... 96, dated 4.4.1994 in exercise of power conferred under section 7(3)(b) of the bihar finance act, 1981 whereby procedures and the conditions were laid down for grant of exemption from payment of tax on the products of the new industrial units possessing exemption ..... bihar (before creation of new state of jharkhand) and the same is still operative even after creation of the state of jharkhand under the provisions of the bihar reorganization act, 2000, in view of the provisions as contained in section 2(f) read with sections 84 and 91 of the said act, further relief was prayed for quashing the order dated 24.2.2001 (annexure-6) passed by the deputy commissioner, commercial taxes, east circle, ranchi whereby he refused to give ..... patlipurtra circle, patna, after necessary enquiry regarding the eligibility the petitioner was granted exemption certificate in form 'khha-i' dated 4.8.1999 (annexure-5) valid for the period from 1.11.1997 to 30.10.2005. .....

Vibhuti Gudda Mines (P) Ltd. Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT

Reported in : (2005)2SOT452(Bang.)

..... shri william menezes, learned representative for the revenue.after considering the rival submissions and on perusal of the record, we have found that as per section 43b read with section 36(1)(va) of the act, certain deductions to be allowable only on actual payment.however, as per the amendment of first proviso to section 43b by the finance act, 2003 so as to make payments made by employer towards contribution to pf, esi, gratuity, superannuation and other welfare funds allowance, if same are ..... the finance act, 2003 has deleted the second proviso and amended the first proviso to section 43b with effect ..... is an outstanding liability at the end of the year in respect of certain payments mentioned, when there is no outstanding liability as all the payments have been made in the relevant year itself, the provisions of section 43 are not applicable and hence no addition can be made on this account.during assessment proceedings, the assessing officer found that the assessee-company has not paid the employer's provident fund contributions of rs. ..... the assessing officer added the same as per the provisions of section 43b of the act on account of delayed payment of employer's contribution to the provident fund in respect of eight months as, detailed in para ..... as per amended provisions of section 43b, the payments made by the employer towards contribution to pf, esi, gratuity, superannuation and other welfare funds are allowable if the same are paid before filing the return of income ..... (2005) .....

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. .....

Hinduja Exports Vs. Jt. Cit, Spl. Range Ii, Bangalore

Court : Income Tax Appellate Tribunal ITAT

Reported in : (2006)9SOT349(Bang.)

..... (2005) 92 itd, wherein it was held thus : "the finance act, 2003 has deleted the second proviso and amended the first proviso to section 43b with effect from assessment year 2004-05.the amendment has an effect of deleting the specified clauses as mentioned in the first proviso. ..... we find that second proviso to section 43b has been omitted by finance act with effect from 1-4-2004 and the amended proviso provides that if the amount is paid before the due date of filing the return of income, the payment is allowable. ..... (paras 12 and 16).further, in case the amendment is not accepted to be operative retrospectively, then the amendment, so brought into statute by the finance act, 2003 would produce inequitable and illogical result. ..... he further submitted that as per the amended provision of section 43b, any payment made before due date of filing of return of income is allowable. ..... prior to amendment of section 43b with effect from 1-4-2004, as per second proviso to section 43b, the amount paid by way of constitution to gratuity fund will be allowed only in the year of actual payment. ..... however, as per amended proviso to section 43b if the payment is made before due date of filing of return of income, the payment is allowable. ..... as per the amended provisions of section 43b, the payments made by the employer towards contribution to pf, esi, gratuity, superannuating and other welfare funds are allowable if the same are paid before filing the return of income and necessary evidence of such .....

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. .....

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) .....

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. .....