Judgment Search Results Home > Cases Phrase: finance act 2007 section 127 amendment of section 32n Court: supreme court of india Page 10 of about 1,139 results (0.208 seconds)

Minocha Bros. Pvt. Ltd. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Reported in : (1994)116CTR(SC)476; [1993]204ITR628(SC); 1994Supp(2)SCC694

..... revenue dated february 17, 1993. paragraph 2 of the circular reads as follows :the question as to the exact meaning of the explanation to sub-section 7(d) of section 2 of the finance act, 1966, came up for consideration and the board are advised that an 'industrial company' would mean-(i) a company which is mainly engaged ..... goods so manufactured by it are used in the constructions made by it. the assessee claimed that, being an industrial company within the meaning of the said finance acts, it is entitled to the lower rate of tax. the income-tax officer and the appellate assistant commissioner rejected the claim but the tribunal agreed with the ..... delhi high court (see : [1986]160itr134(delhi) is whether the appellant is an 'industrial company' within the meaning of the said expression as defined in the finance acts of 1971 and 1972. the definition reads as follows :industrial company' means a company which is mainly engaged in the business of generation or distribution of electricity or .....

M/S. Orissa Cement Ltd. and ors. Vs. State of Orissa and Others

Court : Supreme Court of India

Reported in : AIR1991SC1676; JT1991(2)SC439; 1991(1)SCALE617; 1991Supp(1)SCC430; [1991]2SCR105

..... account of the levy throws light on the general character of the tax as observed by the privy council in re: a reference under the government of ireland act, 1920 and section 3 of the finance act (northern ireland), 1934 [1963] 2 a.e.r. iii. in r.r. engineering co. v. zilla parishad, barielly : [1980]3scr1 this court observed ..... ) ordinances between 1975 and 1982. it was further amended by the finance act., 1982 (w.e.f. 1.4.82), the finance act, 1984, the finance act, 1985 (w.e.f. 1.8.1985) and the bihar cess (amendment) ordinance, 1985, after the last of these amendments, the section stood thus: section 6. cess how to be assessed: the local cess shall be assessed ..... of 1880). it is sufficient to refer to the provisions of sections 4 to 6, 9 and to certain notifications. (i) a definition of 'royalty' was introduced in section 4 of the act by an ordinance of 1975. it was amended by the bihar finance act, 1981 and then by the bihar finance act, 1982. the definition as amended, w.e.f. 1. .....

Kerala Hotel and Restaurant Association and Others Vs. State of Kerala ...

Court : Supreme Court of India

Reported in : AIR1990SC913; (1990)2CompLJ119(SC); JT1990(1)SC324; 1990(1)KLT825(SC); 1990(1)SCALE252; (1990)2SCC502; [1990]1SCR516; [1990]77STC253(SC); 1990(1)LC754(SC)

..... a result of the above amendment, cooked food specified in item 12 mentioned above was exempt from sales tax by virtue of section 9 of the act.13. this was the position until 1987 when the kerala finance act, 1987 was passed, which was brought into force retrospectively with effect from 1.7.1987. however, we are not concerned ..... fifth schedule dealing with goods in respect of which tax is leviable on two points under sub-section (1) or sub-section (2) of section 5 is included foreign liquor as item 2.17. as a result of the kerala finance act, 1987, writ petitions were filed in the kerala high court challenging the constitutional validity of the sales ..... time to time both by the kerala general sales tax (amendment) acts and also by the kerala finance acts. section 5 of the kerala general sales tax act is the charging section and the first schedule specifies goods subject to single point tax there under. section 9 of the act provides for exemption from tax and the goods so exempted are specified .....

Kerala State Electricity Board Vs. Commr. of Central Excise, Thiruvana ...

Court : Supreme Court of India

Reported in : AIR2008SC798; (2008)214CTR(SC)87; 2007(14)SCALE311; 2008[9]STR3; (2008)12VST1(SC); 2008AIRSCW25; 2008(1)SCC780.

..... in any manner to a client in one or more disciplines of engineering.11. clause (g) of sub-section 105 of section 65 of the finance act, 1994, as amended, provides for the definition of taxable services rendered by a consulting engineer to mean any service provided to a client by consulting ..... such crediting of the tax or any part thereof is delayed.10. the central government in exercise of its power conferred upon it by sub-section (1) of section 69 of the finance act, 1994 made service tax rules, 1994 for the purpose of assessment and collection of service tax. service tax was imposed on consultancy engineering services ..... w.e.f. 07.07.1997 by a notification no. 23 of 1997 dated 02.07.1997. consulting engineer as defined in section 65(31) of the finance act, 1994 is a professionally qualified or any body corporate or any other firm but that directly or indirectly render any advice, consultancy or technical assistance .....

Addl. Commissioner (Legal) and anr. Vs. M/S. Jyoti Traders and anr.

Court : Supreme Court of India

Reported in : [1999]112STC277(SC)

..... the appeal in the supreme court was against this decision of the high court at bombay dismissing the application. now sub-section (10) of section 35 of the income-tax act was enacted by the finance act of 1956. that sub-section, in so far as it is necessary to state for the purpose of this case, provided that where in any of ..... the agent of a non-resident after the expiry of two years from the date of the expiry of the assessment year. it was common ground that section 18 of the finance act, 1956 was not given retrospective operation before april 1, 1956. the question before this court was whether the income-tax officer could issue a notice of ..... so. notwithstanding the fact that there has been no determinable point of lime between the expiry of the time provided under the old act and the commencement of the amending act. the legislature has given to section 18 of the finance act, 1956, only a limited retrospective operation, i.e., up to april 1, 1956, only. that provision must be read .....

Commissioner of Income Tax, Jalpaiguri Vs. Om Prakash Mittal

Court : Supreme Court of India

Reported in : (2005)194CTR(SC)97; 2005(184)ELT3(SC); [2005]273ITR326(SC); JT2005(2)SC538; (2005)3MLJ48(SC); (2005)2SCC751

..... by the amount of tax calculated on the total income assessed in the earlier proceeding for assessment under section 143 or section 144 or section 147'. (underlined for emphasis) 11. prior to substitution by finance act, 1987 w.e.f. 1.6.1987, the proviso to sub-section (1) read as follows:'provided that no such application shall be made unless the additional amount of income ..... word 'fifty thousand rupees' in the earlier proviso has been substituted by the expression 'one hundred thousand rupees' by the finance act, 1995 w.e.f. 1.7.1995. some changes were introduced by finance act, 1987 w.e.f. 1.6.1987 in sub-section (1b) and (1c) which do not have much importance for the present appeal.12. the commission is not bound .....

The International Association For Protection Of Intellectual Property ...

Court : Supreme Court of India

..... 2020) scc online sc962 2 incumbent chairperson of the board stating that his appointment was made under section 89a of the trademarks act, 1999 ( tm act hereafter). the applicant urges that section 184 of the finance act, 2017, prescribes the term of office and the conditions of service of chairperson and members of various ..... were abolished and their respective jurisdictions and powers were incorporated into seven existing tribunals, reducing the number of tribunals from 26 to19. thirdly, under section 184 of the finance act, the central government was authorized to frame delegated legislation (rules) spelling out the eligibility criteria, selection process, removal, salaries and allowances, ..... conditions hitherto applicable would no longer be so and that in matters of conditions of service and tenure of appointment, the provisions of section 184 of the finance act would apply. it is contended by senior counsel that the rules were originally framed with effect from 01.06.2017, under which .....

Union Of India Vs. M/s Mohit Minerals Pvt. Ltd.

Court : Supreme Court of India

..... and orders were challenged on the ground that the authorities did not have the jurisdiction to issue them since the amendments introduced to section 25(1) of the kvat act through the kerala finance acts 2017 and 2018 did not operate retrospectively. the kerala high court had to decide whether the kerala state legislature had the legislative competence ..... be subject to igst under section 5 of the igst act, on the 46 part b value as determined by section 3(8) and section 3(8)(a). under section 3(8), the value includes value of freight; and (b) rule 10 of the customs valuation (determination of value of imported goods) rules 2007 includes cost of transportation and ..... insurance in the value of goods, which forms the basis of the levy of igst under the proviso to section 5 of the igst act. the impugned levy of igst on ocean freight would thus amount to double taxation .....

Gvk Inds. Ltd and Anr Vs. The Income Tax officer and Anr

Court : Supreme Court of India

..... income of the recipient chargeable under the head "salaries".].21. explanation to the section 9(2) was substituted by the finance act 2010 with retrospective effect from 1.6.1976. prior to the said substitution, another explanation had been inserted by the finance act, 2007 with retrospective effect from 1.6.1976. the said explanations read as under ..... or business connection in india; or (ii) the non-resident has rendered services in india.]. as amended by finance act, 2007 explanation.-for the removal of doubts, it is hereby declared that for the purposes of this section, where income is deemed to accrue or arise in india under clauses (v), (vi) and (vii) ..... : "as amended by finance act, 2010 explanation.- for the removal of doubts, it is hereby declared that for the purposes of this section, income of a non-resident shall be deemed to .....

Larsen and Toubro Ltd., Mumbai Vs. State of Bihar and ors.

Court : Supreme Court of India

Reported in : 2003(3)BLJR2228

..... of the said provision the tax cannot be levied, the appellants before them were entitled to succeed. the supreme court quashed the assessment orders.18. section 21 of the bihar finance act reads as under:'21. taxable turnover.--(1) for the purpose of this part the taxable turnover of a dealer shall be that part of his ..... mean that price, upon calculation of the entire payment payable to the contractor on satisfactory completion of the contract. the 'works contract' is defined under section 2 (ww) of the binary finance act, 1981. it reads as under:'2(ww) 'works contract' means any agreement for carrying out for cash or deferred payment or other valuable consideration the ..... and penalty is not only confiscatory in its nature but is also had because no follow up legislation to section 21 (1) of the bihar finance act has been enacted nor the rules to make section 21 (1) of the bihar finance act workable have been made. according to the petitioners, the amount already paid by them towards the tax .....