Court : Kerala
Reported in : (1992)92CTR(Ker)197; [1992]193ITR49(Ker); [1992]65TAXMAN472(Ker)
..... with effect from april 1, 1979.even assuming that, by adding the explanation, the legislature has clarified are made cleared to removed whatever ambiguity there was in section 9(1)(ii) of the act, the finance act, 1983, itself has proceeded to given retrospective effect to the explanation only with effect from april 1, 1979. the clarification of the declaration, if any, is only ..... the gujarat high court in s. g. pgnatales case : [1980]124itr391(guj) .in this connection, we should remember that an explanation has been added to section 9(1)(ii) of the income-tax act, 1961, by the finance act, 1983. the said explanation is inserted with effect from april 1, 1979, and runs as follows :'explanation. - for the removal of doubts, it is hereby .....
Tag this Judgment!Court : Kerala
Reported in : 2010(1)KLT661
..... at rs. 25,000/- was issued only on ext.p4 circular which in turn was issued based on ext.p7 finance bill. but when finance act 2009 dated 28.7.2009 was introduced, the 2nd proviso to section 8(b) is incorporated only as follows:provided further that notwithstanding anything contained in this clause, dealers with a single ..... 22.86 c.m. shall pay rupees twenty five thousand only per annum as tax under this clauseon the basis of the provisions introduced through finance act 2009, section 8(b) of the kvat act stood amended with effect from 28.7.2009 as above. therefore the authorities noticed that the provisions contained in the ..... to be refixed based on the proposals contained in the finance bill and,. based on clarifications issued through the circular. but the proposal contained in the finance bill was never incorporated into the statute. hence the provisions contained in the finance act, through which amendment was brought in to section 8(b), there is absolutely no enhancement effected with .....
Tag this Judgment!Court : Kerala
Reported in : (2004)188CTR(Ker)100; [2004]268ITR344(Ker); 2004(2)KLT202
..... of rs. 10,000, that the very premise on which the fee for appeal provided under section 260a of the it act was omitted by the finance act, 1999 is virtually resurrected in the court fees act and that unlike under the very scheme of the court fees act where court fee is levied only on the relief claimed, so far as appeals filed before this ..... the assessees. no court fee was payable by the revenue in its appeals. however clause (b) of sub-section (2) of section 260a was omitted by the finance act, 1999 w.e.f. 1st june, 1999. in the memo explaining the provisions of the finance bill, 1999 in clauses 87 and 96 it is stated that the fee for filing appeal to the high ..... though fees for appeal to the high court against the orders of the tribunal was provided from 1st oct., 1998, under section 260a(2)(b) in the case of appeals filed by the assessees the said provision, since omitted by the finance act, 1999 w.e.f. 1st june, 1999, no court fee was payable on appeals filed by the assessee from 1st .....
Tag this Judgment!Court : Kerala
Reported in : 2008(3)KLJ774
..... petitioners had filed revised monthly returns after passing of finance act in terms of rule 18(2)(a) of the kgst rules, they could have avoided interest completely. it is only on account of this omission, petitioners became liable for payment of interest under sub-section (3a) read with sub-section (3) of section 23 of the act. however, we feel petitioners are not liable to ..... that after passing of the finance act 1998, the assessing officer did not make any provisional or regular assessment or demanded tax for the first four months of the finance year 1998-99 from the petitioners. in other words, petitioners contend that there was no default in payment of tax and consequently default interest is not payable under section 23(3) of the kgst .....
Tag this Judgment!Court : Kerala
Reported in : 2005(4)KLT235
..... aggregate for physics, chemistry and biology as the eligibility criterion, is valid or not. section 2(c) of the kerala self financing professional colleges (prohibition of capitation fees and procedure for admission and fixation of fees) act, 2004, defines consortium as follows:' 'consortium' means an association of self financing professional colleges, consisting of more than fifty percent of the total number of institutions of ..... from the merit list published by the commissioner for entrance examinations, in the light of section 3(4) of the kerala self financing professional colleges (prohibition of capitation fees and procedure for admission and fixation of fees) act 2004, in view of the interpretation given to the said sub-section by this court in academy of medical sciences v. regina (2004 (3) klt 628 .....
Tag this Judgment!Court : Kerala
Reported in : (2010)27VST295(Ker)
..... further finding of the commissioner is that by virtue of second proviso contained in section 8(a)(ii) no compounding is permissible for the tax payable in respect of supply and installation of kitchen cabinet. the finance act, 2009 seeks to substitute section 8(a)(ii) with the following provision:(ii) any works contractor not falling under clause (i ..... ) above may, at his option, instead of paying tax in accordance with the provisions of the said section, shall pay tax at three per cent of ..... the rate of tax applicable will be at 12.5 per cent. referring to the above provisions, the commissioner in the impugned clarification issued under section 94 of the act held that items supplied in the course of execution of supply and installation of kitchen cabinet are in the form of goods which attract tax at .....
Tag this Judgment!Court : Kerala
Reported in : (2005)199CTR(Ker)1
..... of the apex court in cto and ors. v. swastik roadways and anr. : (2004)3scc640 to bring home this point.7. chapter xiv-b consists of sections 158b to 158bh which was inserted by finance act, 1995 so as to provide for an assessment of the undisclosed income detected as a result of the search, and is devised to operate in the separate ..... ).6. counsel appearing for the revenue on the other hand, contended that there is no basis in the abovementioned contention. counsel submitted sub-section (2) of section 158bfa falls under chapter xiv-b which was inserted by finance act, 1995. chapter xiv-b deals with special procedure for assessment of search cases. counsel submitted there is no illegality in levying interest and penalty in .....
Tag this Judgment!Court : Kerala
Reported in : AIR1997Ker105
..... find any arbitrariness or illegality in the legislation brought out by the kerala legislature. item 3a of the schedule appended to the kerala motor vehicles taxation act 1976 enacted by the kerala finance act, 1994 is valid and it is not open to challenge. 9. petitioners have a case that their vehicles fall within entry 7 in the schedule ..... motor cycle or invalid carriage. omni bus has been defined in clause 29 as any motor vehicle constructed or adapted to carry more than six persons excluding the driver. section 2(33) describes 'private service vehicle' adapted to carry more than six persons excluding the driver and ordinarily used by or, on behalf of the owner of ..... have not been defined in it should have the meaning respectively assigned to them in the motor vehicles act or the rules made thereunder, as per section 2(m) of the act. section 2(21) of the motor vehicles act, 1988 defines 'light motor vehicle' as a transport vehicle or omni bus, the gross vehicle weight of either of which .....
Tag this Judgment!Court : Kerala
Reported in : (2008)220CTR(Ker)286
..... a case where punjab & haryana high court had only confirmed the order of the tribunal remanding the matter to the ao with an observation that interest on financing only attracts tax under section 2(7) of the act. however, the question whether1 motor vehicle financing of the kind carried on by the respondents which is the issue in this case attracts tax under the ..... in india, but does not include-(i) interest referred to in sub-section (ib) of section 42 of the reserve bank of india act, 1934 (2) of 1934);(ii) discount on treasury bills.admittedly, the 'finance charges' involved in these cases are from vehicle financing business. along with 'finance charges' recovered in the vehicle financing business, respondents have also claimed exemption on 'service charges' recovered in the .....
Tag this Judgment!Court : Kerala
Reported in : 1985(4)ECC1; 1985LC554(Kerala); 1999(110)ELT474(Ker)
..... and for a direction to refund a sum of rs. 1,62,517.11 alleged to have been excess paid by the petitioner as auxiliary duty under section 47 of the finance act, 1981. dismissing the original petition, the learned judge held that the petitioner was liable to pay duties of customs as per the rates in force on 28- ..... : tru (g s.r. 122-e), published in the gazette of india, extraordinary, part ii, section 3(1), dated 25-3-1980, the government of india, in exercise of its power under section 25(1) of the act read with section 4(4) of the finance act, 1980, granted a general exemption in respect of the goods specified in the 1st schedule to the ..... the time being in force. they would thus include the additional duty levied under the tariff act and the auxiliary duty under the finance act. section 14 speaks of valuation of goods for the purpose of assessment where duty is chargeable by reference to value. section 12 merely refers to the rates of levy under the relevant enactments. it does not refer .....
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