Judgment Search Results Home > Cases Phrase: finance act 2006 section 29 amendment of section 115wc Court: kolkata Page 1 of about 745 results (0.445 seconds)

Simplex Infrastructures Ltd. Vs. Commissioner of Service Tax, Kolkata

Court : Kolkata

..... maintain records for five years only. (15) the petitioner contends that the show cause-cum-demand notice dated 21st april 2006 was issued on the grounds of suppression under the proviso to section 73 (1) of the finance act, 1994, which was not in existence during the material period of time i.e.1st october, 2000 to 9th september ..... is barred by limitation and is thus without jurisdiction. the show cause cumdemand notice is dated 21st april, 2006 and pertains to the period 1st october, 2000 to 31st march, 2005. in this connection, section 73 of the finance act, 1994 is relevant and the same, in so far as material for the present purpose is set out ..... impugned show cause notice has been validly issued under the proviso to section 73(1) of the finance act, 1994 as substituted by finance (no.2) act, 2004. the provision having been substituted completely prior to the issuance of the show cause notice dated 21st april, 2006, it was incumbent upon the assessing officer to issue notice in accordance .....

initiating Explosives Systems Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2008)9STR509

..... bharti v. union of india reported at . during the pendency of the refund claim, the provisions of the law were revalidated retrospectively by section 117 of finance act, 2000. in view of the revalidation act, the levy of service tax, during the relevant period, is a valid levy. the commissioner (appeals) followed the decision of the tribunal ..... as to whether the nature of activity carried out by the ici (india) ltd. was clearing and forwarding agent in terms of section 65(25) read with section 65(105)(j) of finance act, 1994. such a controversy was elaborately dealt by tribunal in its different decisions which were not at all before the learned commissioner ( ..... appeals) while passing the impugned order. in paras 7 to 10 of the reported decision in the case of mahavir cenerics v. cce, bangalore 2006 (3) s .....

Asstt. Commissioner of Income Tax Vs. Poddar Projects Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2005)92ITD468(Kol.)

..... 's income under the head "income from house property". the assessee's this claim was rejected by the a.o. in view of the amended provisions of section 32(2) amended by the finance act, 1996 by observing and saying that the unabsorbed depreciation pertaining to the assessment years 1995-96 and 1996-97 cannot be set off against income under any head ..... . the new sub-section (2) of section 32 as substituted by the finance act, 2001 w.e.f. 1.4.2002 has restored the sub-section (2) of section 32 as it stood in the assessment year 1996-97, in other words, the restrictions imposed by the ..... (2(iii) as substituted w.e.f. 1.4.97. in this context, it may be observed that amended section 32(2) as substituted by the finance (no. 2) act, 1996 (w.e.f. 1.4.1997) has been substituted by the finance act, 2001, w.e.f. 1.4.2002 and status quo ante has been restored with effect from a.y. 2002-2003 .....

Commissioner of Income-tax Vs. Calcutta Steel Co. Ltd.

Court : Kolkata

Reported in : (1985)48CTR(Cal)146,[1985]153ITR488(Cal)

..... may be that there being no export and profits in respect of import entitlements, the assessee was not entitled to deduction of tax as contemplated under section 2(5)(a)(i) of the finance act, 1965. in this case also, two views are conceivable as regards the interpretation of the expression 'sale proceeds' or 'turnover'. one view is ..... to 'referable to exports.'.10. the gujarat high court in the case of ahmedabad . v. cit : [1982]137itr616(guj) , construed the provisions of section 2(5)(a) of the finance act, 1964, regarding the profits derived from exports and held that cash subsidy or allowance given on export of goods is directly connected with the export of goods ..... v. wheel and rim company of india ltd. : [1977]107itr168(mad) , the question before the madras high court was whether under the provisions of section 2(5)(a) of the finance act, 1966, the cash subsidy and the income derived from the sale of import entitlements would form part of the profits and gains derived from the export .....

Commissioner of Income-tax Vs. Indian Molasses Co. (P.) Ltd.

Court : Kolkata

Reported in : (1989)77CTR(Cal)112,[1989]176ITR473(Cal)

..... stood omitted with effect from april 1, 1969, and explanation 1 remains attached to clause (c). by the said finance act, section 40(a)(v) was inserted with effect from 1st april, 1969. section 40(a)(v), as introduced by the finance act of 1968, is as follows :'(a) in the case of any assessee ... (v) any expenditure which results ..... the contentions of the parties, it is necessary for us to set outthe legislative history of section 40(c), section 40(a)(v) and section 40a(5).6. section 40(c)(iii) was introduced by section 6 of the finance act,1963, with effect from april 1, 1963. section 40(c) as it stood after the insertion of clause (iii) is as follows :'( ..... his employment after the aforesaid date.'8. the proviso and the explanations to the aforesaid clause are not however reproduced.9. by the finance act of 1965, the second proviso was inserted in section 40(c)(iii) which runs as follows :'provided further that nothing in this sub-clause shall apply to any expenditure which results directly .....

Ramanlal Madanlal Vs. Commercial Tax Officer and ors.

Court : Kolkata

Reported in : [1980]46STC35(Cal)

..... the purpose of assessment or reassessment of sales tax for the period in question. it is further contended that declarations made under the provisions of section 68 of the finance act, 1965, and the proceedings thereunder are confidential and no public servant including the commissioner of income-tax before whom the declaration might be made would ..... income so disclosed related to a period prior to 1961. the disclosures were duly accepted by the commissioner of income-tax and a certificate under section 68(7) of the finance act, 1965, has been given to the partners and taxes on such disclosures have been paid.14. the petitioner contends that the said notice dated ..... on 31st may, 1965, the partners of the petitioner made voluntary disclosure of their undisclosed income which they had earned in their individual capacity under section 68 of the finance act, 1965. the petitioner's case is that the particulars of the amounts disclosed were not available and that the said amounts had been earned .....

Shri Anil Kumar Dutta and ors. Vs. Additional Member, Board of Revenue

Court : Kolkata

Reported in : [1967]20STC528(Cal)

..... and vital defects in the declaration in form xxiv furnished to justify disallowance of the deduction claimed under section 5(2)(a)(ii) of the bengal finance (sales tax) act, 1941, in respect of sales of rs. 11,937-2-0 made to messrs rabindra & company ;(ix) whether there are admissible ..... and vital defects in the declaration in form xxiv furnished to justify disallowance of the deduction claimed under section 5(2)(a)(ii) of the bengal finance (sales tax) act, 1941, in respect of sales of rs. 11,195-3-0 made to messrs lakhi stores;(viii) whether there are admissible evidence ..... vi) whether there are admissible evidence and vital defects in the declaration in form xxiv furnished to justify disallowance of the deduction claimed under section 5(2)(a)(ii) of the bengal finance (sales tax) act, 1941, in respect of sales of rs. 6,391-12-0 made to messrs biswanath choudhury;(vii) whether there are admissible evidence .....

Commissioner of Income-tax Vs. Deoria Sugar Mills Ltd.

Court : Kolkata

Reported in : [1971]80ITR408(Cal)

..... to tax independent of the passing of the finance act but until the finance act is passed no tax can be actually levied.'15. the close connection between the income-tax act and finance act is further evident from the provisions of section 294 of the income-tax act of 1961 corresponding to section 67b of the act of 1922. section 294 runs thus :'if on the 1st ..... super-tax is levied only on the total income of the previous year; that levy is authorised by section 55 of the income-tax act : and the rate is authorised by part ii-d of the first schedule to the finance act of 1956. the madras high court is of the view that it is within the competence of the ..... day of april in any assessment year provision has not yet been made by a central act for the charging of income-tax .....

Jagatdal Jute and Industries Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2004)1SOT210(Kol.)

..... paid before due date for furnishing the return of income for the year, is unsustainable in law particularly in view of amendments, introduced by finance act, 2003 in section 43b of income tax act, 1961, which are to be treated as having retrospective effect covering the year under consideration in view of principles laid down by honble supreme ..... decisions of the aforesaid coordinate benches, we are, therefore, of the considered opinion that the amendment brought by the finance act, 2003 in the 1st proviso to section 43b of the act and consequential omission of 2nd proviso to section 43b is to be treated as retrospective in operation, and consequently, any sum payable by the assessee as an ..... incurred and evidence of such payment is furnished by the assessee along with such return. on reading the 1st proviso to section 43b of the act, as it stood prior to the amendment made by the finance act, 2003, with effect from 1-4-2004, it is clear that this proviso was applicable only to the sums .....

inland Revenue Commissioners Vs. Pollock and Peel Ltd. (In Liquidation ...

Court : Kolkata

Reported in : [1958]34ITR379(Cal)

..... look upon the distribution of the pollock & peel no. 2 shares as being distributions at all for any relevant purpose.so much for the finance act, 1947; and i will now pass to section 31 of the finance act, 1951. again i must read a substantial part of the first and second subsections, and also make a reference to the definitions. [his ..... not, as i apprehend it, one of fact for the special commissioners, but one of law to be determined on the meaning of paragraph (c) of section 31(i) of the finance act, 1947.for the reasons which i have tried to state, i think this appeal fails, and should be dismissed.morris l. j. the question which arises ..... company constituted a distribution which was a 'gross relevant distribution within the meaning of section 35(1) of the finance act, 1947, while having regard to the provisions of section 31 of the finance act, 1951.it is said by the crown that the effect of section 31 of the finance act, 1951, as applied to the facts of this case is that an amount equal .....