Judgment Search Results Home > Cases Phrase: finance act 2005 section 92 amendment of section 13 Page 14 of about 132,115 results (0.809 seconds)

Cit Vs. Rajiv Bhatara

Court : Supreme Court of India

..... dependent for its leviability on the assessees liability to pay income-tax but on assessed tax.13. therefore, even without the proviso to section 113 (inserted vide finance act, 2002 with effect from 1-6-2002), finance act, 2001 was applicable to block assessment under chapter xiv-b in relation to the search initiated on 6-4-2000 and accordingly surcharge ..... entry 82 of list i of schedule vii to the constitution of india, 1950 (in short the constitution). that power is not traceable to section 4 of the act. every year the finance act is enacted by parliament to give effect to the financial proposals of the central government. the rate at which acharge on the total income of ..... upheld the order dt. 12-9-2005 passed by the commissioner (appeals) 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. the amendment was incorporated on 1-6-2002 by inserting proviso to section 113 by finance act, 2002. it was by the .....

Controller of Estate Duty, Karnataka, Bangalore Vs. Andal Thayaramma

Court : Karnataka

Reported in : ILR1984KAR1368; [1985]151ITR197(KAR); [1985]151ITR197(Karn); 1984(2)KarLJ396

..... but, by the estate duty (amendment) act of 1958 (central act no. 33 of 1958) ('the amending act') that came into force on july 1, 1960, which governs these cases, the above section has been recast and substituted and that section with certain minor amendments made thereafter by the later finance acts that are not material to notice, reads thus ..... on the value of the property passing; for determining the rate, the principle of 'aggregation' was introduced by the finance act, 1894, s. 4 (amended by the finance act, 1900, s. 12, the finance act, 1907, s. 16 and the finance act, 1927, s. 51). thus, where several distinct estates pass on a person's death, as, for instance, ..... rate of duty is ascertained from the aggregated total. property (exclusive of certain settled property) not exceeding pound 15,000 (finance act, 1894, s. 16(3) as substituted by finance act, 1954, s. 33(1), and amended by finance act, 1972, s. 120(3) is the main exception : this exception (known as the 'small estate') grew by .....

Cce Vs. Sree Nithyakalyani Textiles Ltd.

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

..... 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. later on, the finance act., 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 ..... 12.5.2000 in show-cause notices dated 13.5.2002 and 14.2.2003. 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).(operative portion o the order was pronounced ..... . s/22 8b 39/2004 : 2004 (117) ecr 670 (t) commissioner v. bid parry confectionery ltd. and (ii) final order no. 335/2005 dated 7.3.2004 in appeal no. s/91/2004 : 2005 (123) ecr 365 (t) commissioner v. silver spring spinners india (p) ltd..the ratio of the cited case law can be had from paragraphs 5 .....

Commissioner of Income Tax Vs. N. C. John and Sons Ltd.

Court : Kerala

Reported in : (1996)135CTR(Ker)319

..... w.e.f. 1st april, 1978, but it is to stand deleted w.e.f. 1st april, 1980 by finance act, 1979. (1a). notwithstanding anything contained in sub-s. (1), no deduction under this section shall be allowed in relation to any expenditure incurred after the 31st day of march, 1978, unless the following conditions are fulfilled, namely :(a) the ..... india of such goods, services or facilities as may be prescribed.original explanation was renumbered as explanation 1 and a new explanation 2 was inserted by finance act, 1973 w. r. e. f. 1st april, 1968 explanation 1. - in this section, 'domestic company' shall have the meaning assigned to it in cl. (2) of 80b.explanation 2 was inserted by ..... finance act, 1973 w. r. e. f. 1st april, 1968 explanation 2. - for the purposes of sub-cl. (iii) and sub-cl. (viii) of cl. (b), expenditure incurred .....

Court : Mumbai

..... the cestat. 39. in support of the above submissions mr.sridharan has placed reliance upon the following materials:- (1) section 64 of the finance act, 1994, (2) section 65(105) of the finance act, 1994, (3) sections 66, 66a of the finance act, 1994, (4) the export of service rules, 2005 as amended from time to time, (5) the taxation of services (provided from outside india and received in india ..... . the entire law relating to service tax is governed by chapter v of the finance act, 1994. the export of service rules, 2005 are also under chapter v of the finance act, 1994. thus, the legal fiction created by section 66a of the finance act, 1994 applies to the export of service rules, 2005 also. mr.sridharan submits that the services have been provided by the subsidiary to the .....

Commissioner of Income-tax Vs. Beehive Engineering Co. and Allied Indu ...

Court : Andhra Pradesh

Reported in : (1996)136CTR(AP)321; [1996]221ITR561(AP)

..... not less than fifty-one per cent. of such total income. 2. the question as to the exact meaning of the explanation to sub-section (7)(d) of section 2 of the finance act, 1966, came up for consideration and the board are advised that an 'industrial company' would mean - (i) a company which is mainly ..... 17, 1973) (see [1973] 88 itr 80). it reads : 'interpretation of the term 'industrial company' as given in the explanation to sub-section (7)(d) of section 2 of the finance act, 1966. '.... 'industrial company' means a company which is mainly engaged in the business of generation or distribution of electricity or any other form of power ..... bharat enterprises (p.) ltd. v. cit : [1983]143itr804(ap) . there the division bench was concerned with the definition of 'industrial company' contained in section 2(6)(c) of the finance act, 1969, which is in pari materia as the definition under consideration. while interpreting the said definition, the division bench observed as follows (page 811) : ' .....

Union of India (Uoi) and ors. Vs. Modi Rubber Ltd.

Court : Supreme Court of India

Reported in : AIR1986SC1992a; 1986(10)ECC73; 1986(25)ELT849(SC); JT1986(1)SC178; 1986(2)SCALE269; (1986)4SCC66; [1986]3SCR587; 1986(2)LC646(SC)

..... 8(1), be read as granting exemption only in respect of duty of excise payable under the central excise and salt act, 1944. undoubtedly, by reason of sub-section (4) of section 32 of the finance act, 1979 and similar provision in the other finance acts, rule 8(1) would become applicable empowering the central government to grant exemption from payment of special duty of excise, but ..... , 1974 and 1st march, 1981 must be construed as duty of excise payable under the central excise and salt act, 1944. the respondents sought to combat this conclusion by relying on sub-section (4) of section 32 of the finance act, 1979-there being an identical provision in each finance act levying special duty of excise-which provided that the provisions of the central excise and salt .....

Cce, Allahabad Vesus M/S Hindalco Industries Ltd

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... the latter category. 5. to overcome the defect pointed out by the apex court in the case of laghu bharati udyog (supra), the parliament made retrospective amendment by section 117 of the finance act, 2000. this amendment validated the action taken under the said rule not withstanding any judgement, decree or order of any court, tribunal or any authority. 6. the ..... in favour of the service recipients. going by this decision the demand in this case is not maintainable. 10. now what is being stated is only for an understanding of the situation with reference to changes in law after the issue of the show cause notice in this case. 11. finance act, 1994 was amended again by finance act ..... of the act as it stood prior to 10-09-2004, for recovery of taxes not paid for the said period was initially decided by tribunal in the case of l.h. sugar factories ltd. vs. cce- 2004 (165) e.l.t. 161 (tri. - del.) which was affirmed by the apex court as reported at 2005 (187) elt 5 (sc) .....

Shree Mulchand Co. Ltd. Vs. Commissioner or Income-tax

Court : Mumbai

Reported in : (1986)51CTR(Bom)195; [1986]162ITR764(Bom)

..... the claim of the assessee. the reference arises form the aforesaid decision of the tribunal.3. the material part of clause(c) of sub-section(6) of section 2 of the said finance act runs as follows :'industrial company' means a company which is mainly engaged in the business of generation or distribution of electricity or any other ..... clause.5. it was submitted by miss patel, learned counsel for the assessee, that the expression 'processing' used in clause(c) of sub-section(6) of section 2 of the said finance act has a wider connotation than the term 'manufacture' and that for an activity to be considered processing, it was not necessary that the activity must ..... [1984]145itr387(cal) , the calcutta high court was called upon to consider the meaning of the term 'processing' used in the definition of 'industrial company' in section 2(7)(c) of the finance act, 1978. after analysing the decision of the supreme court in the case of chowgule & co. pvt. ltd. v. union of india : 1985ecr263(sc) , and .....

The Commissioner of Income Tax, West Bengal Ii, Calcutta Vs. Naga Hill ...

Court : Supreme Court of India

Reported in : AIR1973SC2524; [1973]89ITR236(SC); (1973)4SCC200; [1973]3SCR510

..... at in accordance with clause (i) of the second proviso to paragraph d of part ii of the first schedule to the finance act 1958 (act xi of 1958) as has not been deemed to have been taken into account, in accordance with clause (ii) of the ..... was computed at rupees 26,357/-. on that a rebate of rupees 16.114/- was allowed under the provisions of the finance act 1959. thereafter that rebate was withdrawn by the income tax officer on the ground that there was an unabsorbed reduction of rebate ..... by certificate arises from the decision of the calcutta high court in a reference under section 66(1) of the indian income-tax act 1922 (to be hereinafter referred to as the 'act'). the question referred to the high court for its opinion reads:whether, on the facts ..... from dividends in accordance with the provisions of sub-section (3-d) of section 18 of that act; and(b) is such a company as is referred to in sub-section (9) of section 23-a of the income-tax act with a total income not exceeding rs. 25,000 .....