Court : Karnataka
Reported in : AIR1955Kant49; AIR1955Mys49
..... court reported in --'lekshmana shenoy v. income-tax officer', air 1954 tc 137 in support of their contention that the word 'assessment' in section 13, finance act, includes proceedings under section 34, income-tax act. the only discussion in me judgment on this question is contained in paragraph 10 of the judgment which runs: '(10) point (b) : ..... there is any agreement between the president of india and the rajpramukh of the state of travancore-cochin and, if so, whether the object of enacting section 13, finance act, was brought to the notice of their lordships. we, 'with very great respect, therefore, cannot follow this decision, though we would ordinarily follow a ..... us arose before thetravancore-cochin high court, and it has been laid down in air 1954 tc 137 -: 'the words 'levy, assessment and collection' in section 13, finance act, 1950, include all the processes by which the tax is ascertained, demanded and realised and 're-assessnient' being one of these processes comes within the .....
Tag this Judgment!Court : Karnataka
Reported in : [1955]27ITR549(KAR); [1955]27ITR549(Karn)
..... is any agreement between the president of india and the rajpramukh of the state of travancore-cochin and, if so, whether the object of enacting section 13 of the finance act was brought to the notice of their lordships. we, with very great respect, therefore, cannot follow this decision, though we would ordinarily follow a ..... become final until all the proceedings provided in respect thereof are exhausted or the time limit prescribed for such proceedings expired. the scope and amplitude of section 13 of the finance act, 1950, is, if we may say so with respect, clearly explained in madangopal kabra v. union of india.' 37. it is not clear ..... travancore-cochin high court reported in lekshmana shenoy v. income-tax officer, in support of their contention that the word 'assessment' in section 13 of the finance act includes proceedings under section 34 of the income-tax act. the only discussion in the judgment on this question is contained in paragraph 10 of the judgment which runs : '(10) point ( .....
Tag this Judgment!Court : Karnataka
..... 1. 2001. it is clear from reading sections 115ja and 115jb that the question whether a company which is liable to ..... tax zero-tax companies.8. section 115j was inserted by the finance act. 1987 with effect from april 1. 1988. this section was in force from april 1. 1988 to march 31. 1991. after april 1. 1991. section 115ja was inserted by the finance act of 1996 with effect from april 1. 1997. after insertion of section 115ja. section 115jb was inserted by the finance act. 2000 with effect from april .....
Tag this Judgment!Court : Karnataka
..... , ministry of law and justice bhavan and others reported in ilr2013karnataka 569, while considering clauses (zzq) & (zzzh) and clause (zzzzu) of sub-section 105 of section 65 of the finance act, 1994, has held that parliament had the legislative competence to impose service tax on those transactions which are relatable to service rendered during the course of ..... enact a law imposing service tax. hence, in the instant case, by virtue of the insertions of clauses zzzzv and zzzzw 44 to sub-section 105 of section 65 of the finance act, 1994, the parliament intends to levy service tax on those transactions relatable to service aspect and not on the aspect of sale of goods, ..... is filed under articles 226 and 227 of the constitution of india praying to declare sub clause zzzzv & zzzzw to clause 105 of sec.65 & 66 of the finance act 1964 as amended by the finance act-2011 is beyond the legislative competency of the parliament. 3 in w.p.no.52327/2013 between: bruhat bengaluru hotels association (r) .....
Tag this Judgment!Court : Karnataka
..... section (1) of section 5(a) is not found in section 93 of the service tax act. section 83 of the service tax act provides for application of certain provisions of central excise act, 1944 in relation to service tax under finance act, 1994. absence of section 5a of central excise act, in section 83 of the finance act, 1994, indicates that the provisions of section 5a of central excise act, is not applicable to the finance act ..... cause notices demanding inadmissible cenvat credit of service tax of rs.2,02,00,725/- availed by the fmtpr for the period from april 2007 to june 2008 and proposing to demand rs.6,11,96,239/- from fmgil. these show cause notices were adjudicated by the commissioner of ..... of central excise tariff, 1985. it is the case of the department that on information gathered from the intelligence during the period between april 2007 to january 2008, fmtpr3had availed inadmissible cenvat credit of service tax paid on the activity of chrome plating done by their sister concern on .....
Tag this Judgment!Court : Karnataka
Reported in : 2010[18]STR146
..... and this order of the tribunal gives rise to a question of law warranting examination in this appeal under section 35g of the act.4. we find that the very liability is under section 65(19) of the finance act, 1994 and this statutory provision has undergone a change by the amendment given effect retrospectively from 10-9-2004 ..... , as substituted by the finance (no. 2) act, 2004 and again by way of amendment of finance act, 2005 notified on 16-6-2005, it was ..... d.v. shylendra kumar, j.1. the subject matter of the appeal filed under section 35g of the central excise act, 1944, by the commissioner of service tax, service tax commissionerate, bangalore, is as to whether the tax liability under the provisions of finance act, 2005, in respect of the activity of the respondent-assessee namely, activity of .....
Tag this Judgment!Court : Karnataka
..... the revenue, relies on the decision in the case of assistant commissioner of income-tax versus rajesh jhaveri stock brokers p. ltd., reported in (2007) 291 itr 500(sc) to contend that a failure to take steps under section 143(3) of the act will not render the assessing officer powerless to initiate re-assessment proceedings even when an intimation under ..... tax or refund was due from him after making such adjustments. with effect from 1st april, 1998, the second proviso to s.143(1)(a) was substituted by the finance act, 1997, which was operative till 1st june, 1999. the requirement was that an intimation was to be sent to the assessee whether or not any adjustment had been made ..... the return and making the permissible adjustments only. as a result of insertion of the explanation to s.143 by the finance (no.2) act of 1991 w.e.f. 1st oct., 1991, and subsequently w.e.f. 1st june, 1994, by the finance act, 1994, and ultimately omitted w.e.f. 1st june, 1999, by the explanation as introduced by the .....
Tag this Judgment!Court : Karnataka
Reported in : [2009]316ITR345(KAR); [2009]316ITR345(Karn); (2008)218CTR(Kar)273; 2008AIRSCW1287; 2008(2)SCC475.
..... 36(1)(viia) simultaneously?2. whether the tribunal was correct in applying circular no. 258, dated june 14, 1979, to the assessment year 1993-94 though section 36(2) stood amended by the finance act, 1985, with effect from april 1, 1985?3. for the sake of convenience, facts appearing in i.t.a. no. 480 of 2003 are being taken ..... part thereof which is written off as irrecoverable in the accounts of the assessee for the previous year.9. section 36(2) specifies certain conditions to be fulfilled for eligibility to the claims under section 36(1). section 36(2)(v) introduced by the finance act, 1985, which is relevant for the purpose of this case, reads as follows:36. (2) in ..... by two judgments of the kerala and madras high courts in south indian bank ltd. v. cit : [2003] 262 itr 579 and cit v. city union bank ltd. : [2007] 291 itr 144. in the judgment of the madras high court the earlier judgment of the kerala high court has been elaborately considered. thus, we would consider the ratio decidendi .....
Tag this Judgment!Court : Karnataka Dharwad
..... from the 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 property is sought ..... appellant (by 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 soudha, ..... does entail civil consequences. at this juncture, it would be relevant to take note of the insertion of the proviso to section 142(2d) with effect from june 1, 2007. the proviso provides that the expenses of the auditor appointed in terms of the said provision shall, henceforth, be paid by .....
Tag this Judgment!Court : Karnataka Dharwad
..... from the 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 property is sought ..... appellant (by 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 soudha, ..... does entail civil consequences. at this juncture, it would be relevant to take note of the insertion of the proviso to section 142(2d) with effect from june 1, 2007. the proviso provides that the expenses of the auditor appointed in terms of the said provision shall, henceforth, be paid by .....
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