Judgment Search Results Home > Cases Phrase: finance act 2006 section 29 amendment of section 115wc Court: kolkata Page 10 of about 745 results (0.397 seconds)

Sicpa India Pvt. Ltd. Vs. Union of India

Court : Kolkata

..... company to the writ petitioner is not patented nor otherwise registered as an intellectual property right in india. hence, the same will not be covered under section 65 (105) (zzr) of the finance act and, therefore, service tax is not attracted. no patent exists in respect of the technical know-how granted to the writ petitioner under the collaboration ..... right in to manufacture of security printing inks is not registered in india and the same, therefore, prima facie will not be covered under section 65 (105) (zzr) of chapter v of the finance act, 1994. as such, prima facie, service tax liability will not be attracted to the transfer of the said technical know-how by the swiss ..... at the rate of 2 per cent of the tax per month, whichever is higher. the commissioner also imposed a penalty of rs.3 crores under section 78 of the finance act, 1994. (3) the petitioner challenged the aforesaid order of the commissioner before the cestat by way of an appeal. the petitioner also filed an application .....

Chloride India Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1995)53ITD180(Kol.)

..... modifications and amendments but the substance of the section is the same viz. ..... object of introducing section 80hhc is to encourage the larger export of certain goods. for this purpose, section 89a was first introduced into the income-tax act by the finance act, 1982. thereafter, the section was omitted and it was replaced by section 80hhc introduced by the finance act. 1983. since its introduction, the section has received various ..... , for the first time a definition of the words 'total turnover' was inserted in the section by introduction of explanation (bb) at the end of the section w.e.f. 1 -4-1991 by the finance act, 1990. as per the definition, the total turnover shall not include the cash compensatory support, .....

J. Thomas and Co. Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : (2004)190CTR(Cal)355,[2004]267ITR585(Cal)

..... a trading company but comes within 'any other case', there was no mistake apparent from the records which justified exercise of power under section 154 of the act. reference was made to the finance acts of the year 1984, 1985 and 1986 for contending that the assessee-company declared itself as a trading company from the year 1977-78 ..... cent, of the total income by treating it as within 'in any other case' mentioned in part iii, paragraph e, of the respective finance acts. subsequently, by proceeding under section 154 of the act the assessee was subjected to tax at 60 per cent, of the total income by treating it as a trading company mentioned in part iii, ..... was no question of estoppel in the case of the assessee for claiming itself to be not a trading company. it is contended that a separate finance act enforced each year provides for charging section separately, and, therefore, each year has to be considered separately.10. the contention has been made with regard to the said question no. 2 .....

Bhudharmull Ramchunder Vs. the Investigating Officer, Government of We ...

Court : Kolkata

Reported in : [1977]39STC184(Cal)

..... price of such containers or packing materials is not separately charged for by the dealers....5. in the premises, as mentioned hereinbefore, notice under section 14(1) of the bengal finance (sales tax) act, 1941, dated 15th january, 1971, was issued, which is the subject-matter of challenge.6. counsel for the petitioner contended that there ..... with all the supporting documents, relevant final accounts and balance sheet for the period from 1st july, 1969, to 14th march, 1970, under section 14(1) of the bengal finance (sales tax) act, 1941.2. the petitioner sells salt packed in gunny bags. according to the petitioner, the salt comes packed in gunny bags or loose ..... it was, inter alia, stated as follows:having taken into consideration the difficulties of the traders dealing in goods included in schedule i of the bengal finance (sales tax) act, 1941, government have been pleased to decide that, until further orders, no tax will be levied on sales of the containers and packing materials supplied .....

Commissioner of Income-tax Vs. Nawn Estate Private Ltd.

Court : Kolkata

Reported in : [1972]86ITR300(Cal)

..... considering the expression ' income received from investments' in the finance (no. 2) act, 1939, for imposition of excess profits tax. section 12 of the 1939 act dealt with 'profits arising in any chargeable accounting period from any trade or business to which this section applies'. sub-section (4) of section 12 said :'where the functions of a company or ..... the persons carrying on the business are beneficially entitled.' 11. incidentally, the provisions of section 12(4) of the english finance (no. 2) act, 1939, were the same as those in the first proviso to section 2(5) of our excess profits tax act of 1940, and lord greene m. r. in construing the word 'investment' in ..... it seems to me reasonably clear that rents from leases or under-leases can properly, in suitable circumstances, be comprised within the phrase ' income from investments' in the finance (no. 2) act, 1939.'16. scott l.j. at page 610 has described the sub-lease which the broadway car co. has granted, in these words :' . , . . .....

Commissioner of Income-tax Vs. Plastica Moulders (P.) Ltd.

Court : Kolkata

Reported in : [1982]134ITR114(Cal)

..... bench of the madras high court in the case of george oakes p. ltd. v. cit : [1966]60itr710(mad) . there clause (b) of section d of part ii of schedule i to the finance act, 1956, was to be attracted if there was a distribution of dividend during the previous year in excess of the six per cent. of the paid ..... year 1956-57, the requirements of clause (b) of part ii-d of schedule i to the finance act, 1956, were satisfied. though the declaration of dividend was made under a direction under section 23a, it was actually covered by the second proviso to that section and the withdrawal of rebate on super-tax was, therefore, justified. 8. in this connection, reference ..... private limited company engaged in the manufacture of plastic goods. the provisions of section 104 of the i.t. act apply in the case of the assessee. there is also no dispute that according to sub-el. (b) of clause (c) of the second proviso to paragraph f of the finance act, 1965, its rebate from tax was liable to reduction @ 7.5 .....

Commissioner of Wealth-tax Vs. Surendra Paul

Court : Kolkata

Reported in : (1987)61CTR(Cal)244,[1987]168ITR208(Cal)

..... ,01,200 arising on the basis of the disclosure made by the firm of aminchand pyarelal, of which the assessee is a partner, under section 68 of the finance act, 1965, and under section 24 of the finance (no. 2) act, 1965, have to be deducted from the net wealth of the said firm in respect of the assessment years 1960-61 to 1965-66 ..... the case, the tribunal was right in law in holding that the personal income-tax liabilities of rs. 90,000 arising from the disclosure made by the assessee under section 68 of the finance act, 1965, would be deductible in computing the net wealth of the assessee in respect of the assessment years 1963-64 to 1966-67?'5. so far as the ..... individual, hindu undivided family and company but not by a firm.10. the tribunal held that as a firm was not an assessee within the meaning of the wealth-tax act, therefore, section 7(2)(a) would not be applicable in determining the net wealth of the firm and, therefore, for determining the value of the interest of a partner in the .....

Bengal Investments Limited Vs. Assistant Commissioner(Tarc) Service Ta ...

Court : Kolkata

..... went up before the appellate tribunal, being, the customs central excise and service tax appellate tribunal, east regional bench at kolkata. the tribunal while referring to section 85 of the finance act, 1994 and relying on the judgment of the supreme court rendered in m/s.singh enterprises versus commissioner of central excise, jamshedpur & ors.reported in 2008 ..... down by the supreme court in raza textiles ltd.v.income-tax officer, rampur : 87 itr539(sc).and in arun kumar & ors v. union of india & ors.(2006) 286 itr89(sc).and also in union of india v. jagadish prasad jalan nandalal : 2012(4) chn (cal) 1, and in the unreported judgements delivered by ..... had erred in passing the order. mr.bharadwaj, learned advocate for the respondent, submits that since the appellant had preferred statutory appeal on merits under section 85 of the finance act, 1944 beyond the period of limitation, in view of the principle of law laid down in the unreported judgment delivered on 16th august, 2015 in .....

Sudipto Sarkar Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2006)101ITD229(Kol.)

..... trade, but does not include expenditure on food or beverages provided by the assessee to his employees in office, factory or other place of their work.the finance act, 1992 has substituted sub-section (2) for sub-sections (2) and (2a) with effect from 1.4.1993 provides a quantum of disallowance. the new provision provides that deduction on account of entertainment expenditure shall ..... allowed such expenses and for the proposition that payments to clubs are allowable, the reliance was placed on the decision in sterlite industries (india) ltd. v. addl.cit/jt. cit [2006] 6 sot 497 (mum.). the reliance was also placed on the following decisions: (i) sri venkata satyanarayana rice mill contractors co. v. cit .cit v. navabharat enterprises (p.) ltd. (no ..... .90 rs. 30,19,134.002003-2004 rs. 1,01,77,897.32 rs. 28,69,679.002004-2005 rs. 1,35,56,225.00 rs. 33,87,834.002005-2006 rs. 1,74,33,890.00 rs. 47,98,622.002006-2007 rs. 1,77,89,481.22 5.3 at this stage the ld. counsel for the assessee has .....

M/S.Srei Infrastructure Finance Ltd. Vs. Dy.Commissioner of Income Tax ...

Court : Kolkata

..... surcharge, for purposes of the union, to be called the education cess on income tax, .. (d) sub-section 12 of section 2 of the finance act, 2008 provides, inter alia as follows: the amount of income tax as specified in sub-sections (1) to (10) and as increased by a surcharge, for purposes of the union, calculated in the manner ..... to the income tax calculated at the rate provided in section 115jb. we are supported in our view by sub-section 1, the second proviso to sub-section 3; sub-section 11 and sub-section 12 of section 2 of the finance act, 2008, which provides as follows: (1) subject to the provisions of sub-section (2) and (3).for the assessment year commencing ..... finance act and, therefore do not amount to income tax. he then drew our attention to section 115jaa. he relied upon sub-sections 1a, 2a, 4, 5 and 6. (1a) where any amount of tax is paid under sub-section (1) of section 115j.by an assessee, being a company for the assessment year commencing on the 1st day of april, 2006 .....