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Garibdasji Distributors Vs. Commissioner of Central Excise

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

Reported in : (2008)11STR145

..... 35,343/- under section 78 of the finance act 1994, for suppressing the date of commencement of service and value of taxable service for the period from 01.04.2000 to 30.06.2002 as discussed above.3. ..... 35,343/- under section 76 of the finance act, 1994 for the delayed payment of service tax during the period from 01.04.2000 to 30.06.2002. 6. ..... 10,611/- and penalties imposed under sections 76 and 78 of the finance act, 1994 amounting to rs. ..... the revenue's appeal is against reduction of penalty ordered by the lower appellate authority under section 76 of the finance act, 1994. ..... gd is directed to pay interest at the appropriate rates on the amount of service tax at (1) above, as per section 75 of the finance act, 1994. 4. ..... 74,182/- payable on the above amount under the erstwhile section 73(a) of the finance act, 1994. 2. ..... they submitted that they were only acting as "consignment agents" and were not liable to pay service tax in this category for the aforesaid period. ..... the revenue's appeal is against reduction of the section 76-penalty to rs. ..... against the above order of the assistant commissioner, the assessee preferred appeal to the commissioner (appeals) and the latter sustained the order of adjudication but with reduction of penalty under section 76 to rs. ..... v.commissioner of central excise, chennai 2006 (3) s.t.r. ..... commissioner 2006 (3) s.t.r. ..... commissioner 2006 (3) s.t.r. .....

Cit Vs. Kei Industries Ltd.

Court : Delhi

..... (supra) also noted that section 10a, even after substantial amendment by the finance act, 2000, was retained in chapter iii of the act, despite change in the language of sub-section (1). ..... the amendment made by the finance act, 2003 to sub-section (6) with retrospective effect from 01.04.2001 made a significant departure from the legislative thinking ..... was earlier taken care of by sub-section (4), but when the entire section was substituted and recast by the finance act, 2000 with effect from 1st april, 2001, sub-section (4) became subsection (6) but the essence and ita3862013 page 10 substance of the provisions of these sub-sections remained the same. ..... already referred to this aspect when we referred to para 6.6 of the circular no.308 dated 29.06.1981 (supra) which explained sub-section (4) of section 10a when the section was introduced by the finance act, 1981. ..... "substituted section 10b (by finance act, 2000) reads as under ..... the finance act, 2000 substituted sections 10a ..... "likewise, section 10b, inserted by the finance act, 1988 read as under ..... section 10a as enacted by finance act, 1981 read as ..... the assessee furnished its detailed submissions, which, however, were rejected by the ao who was of the opinion that as section 10b was in chapter-iii of the act, under the heading incomes which do not form part of total income , legislative intent was clear that such income was exempt ..... sections 10a and 10b of the act were inserted in 1981 and 1988 respectively; they continued with some amendments .....

Hmt Ltd. Vs. Deputy Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT

Reported in : (1997)57TTJ(Bang.)39

..... hence, the ao was not justified in interpreting the boards circular in a different manner than those provided for in the wording of the amendment proposed by the finance act, 1983. ..... however, no amendment was brought to this definition under s.43(6) by the finance act, 1983, under which the last expression in cl.(iv) of ..... in terms of the amended provisions of the finance act, 1983, w.e.f. ..... the assessee contends in this connection that by using the expression "for the assessment year immediately succeeding the initial assessment year or in subsequent assessment year" in the relevant sub-section, the legislature has kept the question of determination of the profits and gains of the undertaking for the initial assessment year open and hence, so far as the initial assessment year is concerned, the assessee can ..... 1984-85 by the finance act, 1983, which came into effect from 1st april, 1984, which meant that initial depreciation admissible for assessment years commencing from 1984-85 will have to be deducted in arriving at the ..... 28 by the finance act, 1990, with retrospective effect from 1st april, 1967, inserting ..... (iiib) to the aforesaid section, thereby specifically bringing in cash compensatory support within the purview of taxability of business income, it is hereby held that the cash compensatory support is actually taxable ..... these wordings of section in no way can be interpreted to imply that the provisions are to be adopted from retrospective effect and not from the prospective .....

Goa Carbon Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)2SOT152(Mum.)

..... 'mineral oil'- item 3 of- part tv of the first subject : scope of the term 'mineral oil'- item 3 of the part iv of the first schedule to the finance act, 1964, item 3 of part iii of the first schedule to the finance act, 1965, and item 3 in both the fifth and sixth schedules to the income tax act, 1961 a question has been raised whether a company carrying on the business of refining crude oil into motor spirit, aviation spirit, kerosene and ..... on the basis of the intent of the law, the assess is not subjected to the restrictive provisions of sub-section (2)(b) of section 80hhc.for assessment years 1993-94 and 1994-95 the appeal is against order of cit under section 263 of the income tax act. ..... exported remains the mineral oil with some processing and since the exclusion as made by the statute by amending section 80hhc(b)(ii) is only in respect of minerals and ore and not mineral oil, the assessee is not entitled for benefit under section 80hhc. ..... connection, it is necessary to keep in mind the amendment that has been brought in the statute from the assessment year 1991-92.prior to this amendment 'mineral oil' as well as 'minerals and ores' in any form were not entitled for benefit under section 80hhc. ..... representations from various quarters, the amendment was brought in and an exception to the above restriction in section 80hhc(2)(b) was carved out and consequently export of processed minerals and ores as specified in xiith schedule was made eligible for deduction under section 80hhc. .....

R.M. Chinniah Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2007)103ITD479(Chennai)

..... as a result of the amendment of section 208 by the finance act (no. ..... further, the finance act, 2001 wherein new explanation was inserted with retrospective effect from 1st april, 1989 which lays down that in section 234b 'assessed income' means the tax on total income determined under section 143(1) or on regular assessment as reduced by the tds amount. ..... section 209 of the act, after amendment by the amending act, 1987 lays down the method of computing advance tax payable during a financial year as follows: (a) where the calculation is made by the assessee for paying the advance tax, either of his own accord or on the basis of the estimate of his current income after the assessee is served with a notice by the ao under section 210(3) or (4) for payment of advance tax, income-tax on the current income shall be calculated at the rates ..... (d) the income-tax calculated under any of the above clauses shall, in each case, be reduced by the amount of income-tax which would be deductible at source under any provisions of the act on any income which has been included in the current/total income determined under any of the above clauses.section 234b(1) inserted by the direct tax laws (amendment) act, 1987 w.e.f. ..... the word "shall" is significant and to ascertain the very intention of the legislature we have to look into the clauses by which the legislature has brought section 234b to the statute through direct tax laws (amendment) act, 1987. .....

Pramod Kumar JaIn Vs. Commissioner of Wealth-tax, Bombay City I, Bomba ...

Court : Mumbai

Reported in : AIR1966Bom166; (1965)67BOMLR659; ILR1965Bom1054

..... finance act of 1959 the wealth tax act was amended altering the rate of the wealth tax in the schedule of the act ..... the use of the words 'net wealth' therefore was sufficient to mean net wealth as computed on the corresponding valuation the date' shall be charged as occurring in the section and the meaning of the section, therefore it that the tax, which is charged under the valuation of the date on the net wealth as computed with references to that the date and at the rate of rates as existed in the ..... where the provision of the statute issue clear leave no doubt, as to what its meaning and construction is the mere circumstances and construction is the mere section its proper meaning and effect is likely to lead to certain anomalous or curious results would not be a considerate for the courts to reject would not be ..... although therefore the charging section of the wealth tax act says that the tax will be charged for the financial year commencing from the 1st of april, 1957, there will actually be no wealth that from a certain financial years onwards the wealth tax should be abolished either completely or partially or that is should be amended as increase the burden or grant itself relief against the increase the will not take ..... does not appear to be the true and proper construction even on the language employed in the section assuming the construction such as he has put on the section is one possible constructions, there asset opinion, a mush betters and a more reasonable construction, .....

Commissioner of Income-tax Vs. Neekalal Jainarain

Court : Allahabad

Reported in : AIR1966All338

..... the amounts, it did not create the right, for the right came into existence as soon us according to the relative finance act it became ascertainable that the tax deducted at source or treated as paid on its behalf had exceeded the i ax payable that right, therefore, was an asset contemplated in section 7 of the act of 1956. ..... 48itr31(cal) the calcutta high court held that there was no debt towards income-tax due by the assessee even though it had made provision for it in its balance-sheet, because the finance act itself had not been passed and the assessee's income had not been assessed by the income' tax authorities. ..... therefore, while in respect of income-tax it can be argued that a person becomes chargeable with income-tax on flie passing of the finance act long before he is assessed and that only the liability to pay a certain sum as tax arises when a notice of demand is issued to him, in respect of excess profits tax such a distinction could not be made it ..... under section 3 income-tax is charged for a particular year when the finance act enacts that it shall be charged for that year ..... collector of madras : [1954]26itr99(mad) are that a registered partnership carried on business till september 1946 and was dissolved in february 1947 by a court, a notice under section 13 of the excess profits tax act was issued to the receiver (appointed by the court during the pendency of the suit for dissolution)and the assessment order was passed in 1949 and a demand notice was served upon .....

Commissioner of Income-tax, U. P. Vs. Neekelal Jainarain.

Court : Allahabad

Reported in : [1966]61ITR704(All)

..... commissioner of wealth-tax, the calcutta high court held that there was no debt towards income-tax due by the assessee, even though it had made provision for it in its balance-sheet, because the finance act itself had not been passed and the assessees income had not been assessed by the income-tax authorities. ..... therefore, while in respect of income-tax it can be argued that a person becomes chargeable with income-tax on the passing of the finance act long before he is assessed and that only the liability to pay a certain sum as tax arises when a notice of demand is issued to him, in respect of excess profits tax such a distinction could not be made and it could not be ..... under section 3 income-tax is charged for a particular year when the finance act enacts that it shall be charged for that year at a certain rate. ..... the assessment only particularised the amounts; it did not create the right, for the right came into existence as soon as according to the relative finance act it became ascertainable that the tax deducted at source or treated as paid on its behalf had exceeded the tax payable. ..... , by the income-tax appellate tribunal, allahabad bench, to this court inviting to answer the following question :'whether the business of a hindu undivided family on which notices under section 13 of the excess profits tax act had been served before the disruption of the hindu undivided family could be subjected to excess profits tax after the disruption of the hindu undivided family ? .....

Great Galleon Limited and ors. Vs. the Union of India (Uoi) and anr.

Court : Madhya Pradesh

Reported in : 2009(3)MPHT356

..... ] and a division bench of this court by order dated 29-4-2006 had expressed the opinion that the said service tax is recoverable from the service provider under section 65 (76-b) the provisions of the finance act on the packaging activities as inserted by finance act, 2005 and further service provider can pass on the liability to the retail contractors and accordingly dismissed the writ petition in limine.8. ..... another division bench of this court has delivered the judgment on 29-4-2006, holding that bottling of liquor is a packaging activity as defined in section 65 (76-b) of the finance act, 2005, on which service tax is payable.on a reading of judgment dated 29-4-06 of the division bench in vindhyachal distilleries pvt ..... is received, stored, blended, reduced, bottled at issue strength, sealed and issued to retailers license or storage warehouse, the bottling activity is not a separate activity, but part of manufacturing activity and is not covered by 'packaging activity' as defined in section 65 (76 g) of the finance act, 2005 read with definition of 'taxable service' in section 65 (105) (zzzf) of the service tax ..... 'bottle' has been defined under section 2 (2) of the act of 1915, while another division bench in the case of vindhyachal distilleries (supra), has held that bottling and sealing charges are not included in manufacturing process and therefore, they arc covered by the definition of 'packaging activity' in finance act, 2005. ..... : (1994) 1 scc 372, it has been held as under:4. .....

Commissioner of Income-tax and anr. Vs. Sedco Forex International Dril ...

Court : Uttaranchal

Reported in : (2004)186CTR(Uttranchal)144; [2003]264ITR320(Uttaranchal)

..... in this connection it may be noted that the explanation to section 9(1)(ii) introduced by the finance act of 1983 refers to what constitutes 'income earned in india'. ..... that similarly, under section 9(1)(ii) read with the explanation (introduced by the finance act of 1983, with effect from april 1, 1979), income payable for service rendered in india is regarded as 'income earned in india' under section 9(1)(ii) of the act. ..... this explanation was introduced by the finance act of 1983, with effect from april 1, 1979, to get over the judgment of the gujarat high court in c/t v. s. g ..... that even under the finance act of 1999 the new explanation uses the term 'rest period/leave period' ..... it was further argued that the non-resident company (employer) is taxable on notional profits under section 44bb of the act and therefore there is no question of that company claiming deduction in respect of salary which it has paid to the assessee ..... , the legislature has stepped into clarify the position by the finance act of 1999. ..... learned counsel for the assessee further argued that his interpretation finds support from the substituted explanation introduced by the finance act of 1999. ..... secondly, although section 191 of the act is not overridden by sections 192, 208 and 209(1)(a)(d) of the act, the scheme of sections 208 and 209 of the act indicates that in order to compute advance tax the assessee has to, inter alia, estimate his current income and calculate the tax on such income by applying the rates in .....