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Deputy Commissioner of Income-tax (Assessment) and anr. Vs. Rajasthan ...

Court : Rajasthan

Reported in : (2008)217CTR(Raj)191; [2008]299ITR253(Raj)

..... on income-tax and when parliament is competent to enact the law prospectively, it can also lay down the law retrospectively. under section 143(1a), prior to the amendment by the finance act, 1993, with effect from april 1, 1989, what was being taxed was the difference between the income declared in the ..... may be summarised as under:(i) the main dispute pertains to the interpretation of the provisions of section 143(1 a) existing at the relevant time and clause (a)(i) and (ii) which were inserted, substituted by the finance act, 1993, with retrospective effect from april 1, 1989, the matter pertains to the assessment year ..... india v. state of rajasthan [2002] 127 stc 142 (raj); cit v. delhi tourism and transportation development corporation ltd. : [2005]274itr35(delhi) ; union of india through central organisation railway v. union of india through secretary, ministry of finance : [2006]285itr362(all) ; etah gramin bank v. cit : [2007]290itr636(all) and cit v. neyveli lignite corporation ltd .....

Rakesh Kumar Gangwal Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : RLW2008(4)Raj3568

..... in communication dated 17/10/2000 addressed to the petitioner has rejected objection of the petitioner.5. learned counsel for the respondent however cited amendment in section 148 of finance act, 2006 w.e.f. 1/10/1991 and argued that in such a case where a notice furnishing additional information was served after the expiry ..... 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 ..... issued under that provision and subsequent notice has been issued 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 .....

Shree Cement Limited and anr Vs. State of Raj. and ors

Court : Rajasthan Jodhpur

..... in favour of the petitioner company was taken to the effect that the unit has requested that its investment iscovered under the order issued by the finance department on 2.12.2005 vide which sub clause (vi) and (vii) were added into clause 7 of the scheme. the unit has made an investment of more ..... 2007 under clause 13 of the rips, 2003 which provision is akin to section 263 of the income tax act and clause 13 and 14 are reproduced hereinbelow for ready reference: 13. revision by the state government: (a) the state government in finance department maysuo motu or otherwise revise an order passed by any screening committee ..... paid in the immediately preceeding three years before such expansion / modernization/diversification.7.the said rips, 2003 came to be amended vide notification annex.8 dtd.2.12.2005 and following clause 7 (vi) and (vii) were inserted in the rips, 2003 by the said amending notification for cement manufacturing units:(vi) notwithstandinganythingcontainedinsubclauses (i) to .....

Commissioner of Income-tax Vs. Shri Rangnath Bangur and Shri Purshotta ...

Court : Rajasthan

Reported in : (1984)41CTR(Raj)21; [1984]149ITR487(Raj)

..... , 1953, which refers to the previous year relatable to the assessment year 1952-53. the proviso, as mentioned above, merely makes the provisions of section 2(3)(a) of the finance act applicable in the calculation of rebate or concession relating to dividend income or deemed dividend income. the president of the appellate tribunal has referred in his ..... the rebate allowable under the provisions of para. 6a of the concessions order and the rate at which such rebate is admissible to them.34. section 2(3)(a) of the finance act of each of the years 1952, 1953, 1954 and 1955 provided that in case the total income of an assesses included income from dividends, in ..... a proviso was subsequently inserted in para. 6a of the concessions order by the notification dated may 13, 1953, so as to incorporate the provisions of section 2(3)(a) of the indian finance acts of 1952, 1953 and 1954. in accordance with the aforesaid proviso, any income chargeable under the head 'dividends' in respect of which, by virtue .....

Jodhpur Chartered Accountants Society and anr. Vs. Union of India and ...

Court : Rajasthan

Reported in : (2002)176CTR(Raj)177

..... chartered accountant in his professional capacity, in any manner.66. charge of services tax:(1) ......(2) .....(3) with effect from the date notified under section 88 of the finance act, 1997 (26 of 1997), there shall be levied a service-tax at the rate of five per cent of the value of the taxable services referred to ..... value of taxable service inter alia, referred to in sub-clause. (2) of clause (48) of section 65. sections 68 to 71 as originally enacted by the finance act, 1994, have also been substituted by the finance (no. 2) act, 1998. the substituted sections 68 to 70 are reproduced as under :'68. payment of service-tax(1) every person providing taxable ..... vide notification dated 7-10-1998. the liability has been made effective from 16-10-1998. further, in exercise of the powers conferred by section 93 of the finance act, 1994, the central government has exempted in the public interest the taxable services other than of auditing and accounting provided by a practising chartered .....

Purshottamdass Bangur Vs. Commissioner of Income-tax, Rajasthan, Jaipu ...

Court : Rajasthan

Reported in : AIR1970Raj70; [1969]74ITR378(Raj); 1969()WLN83

..... of tax on income shall be increased for the purposes of levying the special surcharge on unearned income by 15 per cent under the provisions of section 2 (1) (a) of the finance act 1957 (act no. 2 of 1957). he urged that simply because the income-tax on the dividend income of the assessee is to be computed with reference ..... it is not disputed that in the case of the assessee paragraph a of the first schedule of the finance act, 1957 applies. under this provision of section 2 (1) (a) of the finance act which is made subject to sub-section (3) of that section, the assessee is entitled to claim that the income-tax on his dividend income should be calculated by applying ..... does not make any provision for the levy of special surcharge. as we are of opinion that the term 'income-tax' as used in sub-section (3) (a) of section 2 of the finance act, 1957, does not include the amount of surcharge for the union and also the amount of special surcharge as prescribed under the head 'surcharges on income .....

Commissioner of Income-tax Vs. Achaldas Dhanraj and Sanklecha Brothers

Court : Rajasthan

Reported in : (1995)128CTR(Raj)325; [1996]217ITR799(Raj)

..... behind these provisions is to provide for a tax disincentive by denying deduction in respect of a statutory liability which is not paid in time. the finance act, 1987, inserted a proviso to section 43b to provide that any sum payable by way of tax or duty, etc., liability for which was incurred in the previous year will be allowed ..... realised the mistake and inserted the proviso for that reason alone.29. the object of insertion of the proviso by the finance act, 1987, was stated in the memorandum of the finance act that the object behind the proviso to section 43b is to provide for a tax disincentive for deduction in respect of statutory liability which is not paid in time ..... has actually paid it on or before the due date applicable to his case for furnishing the return of income under sub-section (1) of section 139 in respect of the previous year. by the amendment by the finance act, 1989, in the second proviso the words 'during the previous year' have been deleted, as a result of which the .....

Jodhpur Chartered Accountants Society and anr., Vs. Union of India (Uo ...

Court : Rajasthan

Reported in : [2003]264ITR529(Raj); 2006[3]STR344; 2002WLC(Raj)UC708

..... a practising chartered accountant in his professional capacity, in any manner. 66. charge of service tax.--. . . (3) with effect from the date notified under section 88 of the finance act, 1997 (26 of 1997), there shall be levied a service tax at the rate of five per cent of the value of the taxable services referred to ..... of the taxable service, inter alia, referred to in sub-clause (s) of clause (48) of section 65. sections 68 to 71 as originally enacted by the finance act, 1994, have also been substituted by the finance (no. 2) act, 1998. the substituted sections 68 to 70 are reproduced as under : '68. payment of service-tax.--(1) every person providing ..... notification dated october 7, 1998. the liability has been made effective from october 16, 1998. further, in exercise of the powers conferred by section 93 of the finance act, 1994, the central government has exempted in the public interest the taxable services other than of auditing and accounting provided by a practising chartered .....

Banswara Syntex Ltd. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : RLW2007(4)Raj2995

..... of this petition as no remedy is provided under the statute against the order of central government.9. learned counsel for the petitioner contends that section 93 of the finance act makes it abundantly clear that with the commencement of the finance act, 1994, particularly the provisions relating to levy of education cess and exemption attached with the excise duty payable under the central excise ..... withdrawing the claim to rebate on exports of goods manufactured by the petitioner relating to education cess payable under the finance act, 1994 which came into effect w.e.f. 9/7/2004 in terms of sections 91, 92 and 93 of the said act of 1994.3. the petitioner is engaged in the manufacture of yarn, gray fabrics and in getting man made .....

Rajasthan Financial Corporation Vs. Commissioner of Income-tax

Court : Rajasthan

Reported in : [1987]163ITR278(Raj)

..... shares so as to entitle the assessee to rebate under the provisions of the finance act, 1964, and the finance act, 1965, involves the interpretation of the provisions of the financial corporations act, in the light of the provisions contained in section 85 of the companies act, 1956. the said question was indeed a debatable question and in the light ..... in the said finance acts. nor. is it defined in the income-tax act. the provisions of the finance act, 1964, and the finance act, 1965, provide for rebate to a company and the term 'company' is defined in section 2(17) of the income-tax act. the aforesaid definition of 'company' as contained in section 2(17) of the act refers to an ..... to the dividends declared by the assessee, were mistakes apparent from the records within the meaning of section 154 of the income-tax act ?2. these questions relate to the assessment years 1964-65 and 1965-66.3. in the finance act, 1964, provision was made with regard to imposition of super-tax at the rate of 55 .....