Judgment Search Results Home > Cases Phrase: finance act 2006 section 29 amendment of section 115wc Court: karnataka Page 7 of about 3,010 results (0.238 seconds)

Kwality Metals Vs. The State Of Karnataka

Court : Karnataka Dharwad

..... facts noted above that the order of provisional attachment was passed before the proceedings against the appellant were initiated under section 74 of the hpgst act. section 83 of the act requires that there must be pendency of proceedings under the relevant provisions mentioned above against the taxable person whose ..... sri.v.raghuraman, senior counsel appointed as amicus curiae; sri.santosh pujari, advocate) and:1. the state of karnataka r/by the principal secretary, finance department, government of karnataka, bengaluru-560016.2. the assistant commissioner of commercial taxes, lgsto-395 belagavi and nodal officer dgsto, belagavi, club road, sumoulya ..... sri.v.raghuraman, senior counsel appointed as amicus curiae; sri.santosh pujari, advocate) and:1. the state of karnataka r/by the principal secretary, finance department, government of karnataka, bengaluru-560016.2. the assistant commissioner of commercial taxes, lgsto-395 belagavi and nodal officer dgsto, belagavi, club road, sumoulya .....

Commissioner of Central Excise Service Vs. Nithesh Estates Ltd

Court : Karnataka

..... have come to the conclusion that no substantial question of law would really arise in the present case including the question of extended period of limitation under section 73(1) of the finance act, 1994. when the levy of service tax on the respondent assessee itself is held to be illegal, the question of availability of extended period of ..... . the residential complex in question was undertaken to be constructed by the respondent assessee m/s. nithesh estates limited for itc limited under the contract dated 01/04/2006. it is equally undisputed before us that the construction activity in question was in its entirety sub-contracted by m/s. nithesh estates limited to m/s.larsen ..... in the present case, the respondent assessee m/s. nithesh estates limited had entered into a contract with m/s. itc limited in the first instance on 01/04/2006 and the respondent assessee m/s. nithesh estates date of judgment 04-07-2018 c.e.a.no.15/2016 commissioner of central excise, service tax & customs vs .....

The Commissioner of Income Tax Vs. M/S Prakash Electric Company

Court : Karnataka

..... ita no.60/2015 date of order:23. 07-2018. the commissioner of income tax & anr. vs. m/s prakash electric company 13/30 of section 47 of the act is a beneficial provision introduced by finance act, 1998 with effect from 01.04.1999 to encourage corporatisation in the business world and to avoid levy of taxation on such restructuring of business organizations ..... not the partnership firm, but, the successor company m/s prakash electric company private limited would be liable to pay such capital gains tax by virtue of section 47a(3) of the act inserted by finance ita no.884/2007 c/w ita no.60/2015 date of order:23. 07-2018. the commissioner of income tax & anr. vs. m/s prakash electric .....

Dr. Manickchand R. Tanga Vs. Commissioner of Income-tax

Court : Karnataka

Reported in : [1991]190ITR336(KAR); [1991]190ITR336(Karn)

..... who has the higher income.' 12. mr. chandrakumar contended that this explanation 2a is only clarificatory in nature and reflects the law as it stood even before the finance act, 1979, was enacted. we do not think so. if the explanation was clarificatory of the existing law, parliament would not have postponed its operation only from april ..... the very minors were earlier admitted to the benefits of the partnership and, subsequently, the trust was created, the appellate tribunal applied the provisions of section 64(1) of the act to the facts of the case. further, the tribunal held that the assessee being a doctor, actually derived income from the medical firms. paragraph 10 ..... placed on our file and after giving due consideration to the submissions made before us, are of the opinion that since the assessee is an individual, section 64 of act has application to the facts of the case. we hold so, with the result, the impugned order of the appellate assistant commissioner the above score also .....

Commissioner of Central Excise Vs. M/s. Godavari Sugar Mills Ltd.

Court : Karnataka Dharwad

..... credit of rs. 22,31,610/- along with interest at also proposed for imposition of penalty under section 76 of finance act, 1994 and rule 15(3) of cenvat credit rules, 2004, by the adjudicating authority vide order in original no. 11/2006 adc dated 31.10.2006 be upheld, etc.) anand byrareddy, j.: 1. the revenue is in appeal in the following ..... of rs.15,36,051/- and demanding recovery of cenvat credit of rs. 22,31,610/- along with interest and it was also proposed to impose penalty under section 76 of the finance act , 1994 read with rule 15(3) of cenvat credit rules, 2004. the assessee had replied to the show cause notice. the adjudicating authority vide order-in-original ..... to such service. 6. in view of the specific reference to service tax and the benefit allowed to a service provider, read with the fiction created by section 68(2) of the finance act, 1994, this court is of the opinion that there is no ground to disagree with the judgment and reasoning of the punjab and haryana high court in .....

Koshy's Private Limited Vs. Commissioner of Income-tax, Karnataka

Court : Karnataka

Reported in : (1985)43CTR(Kar)175; [1985]154ITR53(KAR); [1985]154ITR53(Karn); [1984]18TAXMAN481(Kar)

..... in the circumstances of the case, the tribunal was right in holding that the applicant could not be treated as an industrial company within the meaning of section 2(8)(c) of the finance act, 1975 ?' 2. the assessee is a private limited company. for the assessment year 1975-76, it had income from departmental stores, bakery, restaurant and ..... industrial company for the purpose of getting the benefit of concessional rate of tax. 3. section 2(8) of the finance act, 1975, provides for rates of levy of tax in respect of the different types of companies mentioned therein. 4. section 2(8)(c) of the finance act, 1975, defines an 'industrial company' as follows : ''industrial company' means a company ..... 21. it may not be of context if we refer to the provisions of s. 80j of the act in which a hotel in included along with industrial undertakings or ships for the purpose of relief under that section. it is an indication of the legislative intent that a hotel does not ordinarily fall within the ambit of .....

Commissioner of Income Tax Vs. Khoday Industries Ltd.

Court : Karnataka

Reported in : [2006]285ITR523(KAR); [2006]285ITR523(Karn)

..... 60 per cent.5. in order to appreciate the rival contentions, it is necessary to have a look at the relevant provision as provided under section 8(c), finance act, 1984, and the finance act, 1985, which reads as follows:8(c)-'industrial company' means a company which is mainly engaged in the business of generation or distribution of electricity ..... year is 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 engaged ..... an 'industrial company' and the explanation appended to the said provision, earlier also, under the finance act of 1966, the board issued a circular no. 103, dt. 17th feb., 1973 which reads as under:under sub-section 7(d) of section 2 of the finance act, 1966, an 'industrial company' means a company which is mainly engaged in the business of .....

Commissioner of Income-tax and anr. Vs. Wipro Ltd.

Court : Karnataka

Reported in : [2009]319ITR156(KAR); [2009]319ITR156(Karn)

..... v. b.c. srinivasa setty : [1981] 128 itr 294 (sc) this court held that the charging section and the computation provision under the 1961 act constituted an integrated code. the mechanism introduced for the first time under the finance act, 1999, by which 'cost' was explained in the manner stated above was not there prior to april 1, ..... of the shares allotted to him on the day he exercised his option. even the cost of acquisition as 'nil' came to be introduced in the 1961 act by the finance act, 1999, only with effect from april 1, 2000. in fact, the later deletion of sub-clause (iiia) is an indicator of the ineffective charge.17. ..... the above definition of the word 'cost' introduced, vide sub-clause (iiia), the value of the option became ascertainable. there is nothing in the memorandum to the finance act, 1999, to say that this new mechanism would operate retrospectively. further, a mechanism which explains 'cost' in the manner indicated above cannot be read retrospectively unless the .....

State of Mysore by General Manager, Mysore Implements Factory Vs. Unio ...

Court : Karnataka

Reported in : AIR1968Kant237; AIR1968Mys237; (1968)1MysLJ178

..... on agricultural implements manufactured in its factory known as the mysore implements factory.(2) section 3 of the central excises and salt act, 1944, which will be referred to as the excise act, imposed excise duty on the excisable goods enumerated in schedule i to that act. by finance act xx of 1962, item 26-aa was added to that schedule. again, by ..... , after april 23, 1962. the foundation of the demand was clause (i) of item 26-aa as it was when it was introduced into the schedule by the finance act of 1962. that clause as is then stood reads:'item no. description of goods rate of duty 26aa iron or steel products, the following namely,-- five per cent, ..... the appellate authority and the central government functions as tribunals and do not figure as disputants.(20) it is of importance to observe that as stated in section 35 of the excise act, the central excise officer from whose order an appeal is permitted under s. 35 makes a decision or order. the appellate authority may confirm, alter or .....

Dhanvantari Botanicals Pvt. Ltd. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : (2007)10VST33(Karn)

..... cases 258 wherein it is observed thus.para 7:- coming to the second question, namely, the issuance of notification by the state government in exercise of power under section 7 of the bihar finance act, it is true that issuance of such notifications entitles the industrial units to avail of the incentives and benefits declared by the state government in its own industrial ..... and the policy decisions taken in the industrial policy itself. in this view of the matter, any notification issued by the government order in exercise of power under section 7 of the bihar finance act, if is found to be repugnant to the industrial policy declared in a government resolution, then the said notification must be held to be bad to that extent ..... , the endorsement dated 2.2.2005 vide annexure-c issued by the commercial tax officer (int)-viii, south zone, bangalore, is quashed.writ petition is allowed accordingly.msgj:21.03.2006 w.p. no. 10766/2005 .....