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Asramam Village Industrial Co-op. Society Ltd. Vs. Union of India (Uoi ...

Court : Kerala

Reported in : 1988(18)ECC69; 1988(17)LC691(Kerala); 1988(38)ELT14(Ker)

..... called upon to show cause why an amount of rs. 52,562.50, as mentioned in the work sheet, should not be collected from them under sections 2(d) of section 52 of the finance act, 1982.7. the petitioner demurred to the notice, inter alia, on the ground that the demand was barred by time. the assistant collector of central ..... bharath match works.6. after the enactment of section 52 of the finance act, 1982, the superintendent of central excise issued notice ext. p4 dated october 19,1982, to the petitioner, intimat ing them that they were not entitled to ..... validity of certain provisions in the notifications ext. p1 had been successfully challenged.5. though the petitioner before me has also challenged the constitutional validity of section 52 of the finance act he did not persist in it, and was rest content with accept ing the correctness of the decision of the madras high court in the case of .....

Ved Vyas Chawla Vs. the Income Tax Officer 'C' Ward and Anr.

Court : Allahabad

Reported in : AIR1965All37; [1965]57ITR749(All)

..... total income.' therefore, income chargeable under the head 'salaries' by implication will not be subjected to additional surcharge which came to be levied under the finance act of 1963 under section 2(a)(i) and (ii) for the first time. it is contended that this classification is discriminatory and violative of article 14 of the ..... impugned provision, the salaried class of persons has been excluded from the application of the provisions for the levy of surcharge. the relevant portion of section 2 sub-clause (2) of the finance act 1963, reads; '(2) in making any assessment for the assessment year commencing on the 1st day of april, 1963. (a) where ..... no such difficulty arises as the salaried class of employees, undoubtedly, is a well defined class and has been so treated for decades by the various finance acts. the finance act of 1963 deals equally with all persons within the salaried class. the classification is also reasonable as it is based upon a real and substantial distinction .....

Commissioner of Income-tax Vs. Continental Device India

Court : Delhi

Reported in : [2001]252ITR227(Delhi); [2001]118TAXMAN585(Delhi)

..... or more installments.' 6. a bare reading of the provisions makes it clear that the deposit in lieu of payment of surcharge on income-tax under sub-section (6) of section 2 of the finance act is to be made by a company or the assessed at any time before the last installment of advance tax is due in its case and under subsection ..... any time before the last installment of advance tax is due in its case.(2) a deposit in lieu of payment of surcharge on income-tax under sub-section (8) of section 2 of the finance act, 1976 (66 of 1976), may be made by a company at any time during the financial year commencing on the 1st day of april, 1976.(3) a ..... with the industrial development bank of india (in short 'the i.d.b.i.') in lieu of the surcharge on income-tax in terms of section 2(6) and (8) of the finance act, 1976 (in short 'the finance act') read with the companies deposits (surcharge on income-tax) scheme, 1976 (in short 'the scheme'), dated august 28, 1976. the assessed made the deposit on .....

Charak Pharmaceuticals (i) Ltd Vs. Union of India and ors.

Court : Delhi

Reported in : 2000IIAD(Delhi)363; 2000(52)DRJ544; 2000(67)ECC749

..... of provisional assessments, made prior to 31st march, 1998 and remained unpaid and was, thus, 'tax arrear' within the meaning of section 87(m)(ii) of the finance (no. 2) act, 1998 (for short `the finance act'). 7. the petitioner filed an appeal against the order, dated 17th september, 1998, which is stated to be pending. however, in ..... demand notice or show cause notice issued on or before 31st march, 1998 but remaining unpaid on the date of making declaration under the scheme. section 95(ii) of the finance act also places an embargo in respect of certain items of tax arrear and excludes the following type of cases from the scope of the scheme: ..... thereforee, of the considered view that the amount of differen- tial duty of rs.19,29,642/- was 'tax arrear' within the meaning of section 87(m)(ii)(b) of the finance act and the petitioner having fulfillled all other requisite conditions, the designated authority was not justified in directing the return of declaration on the aforestated ground. .....

M/S South Eastern Coalfields Ltd Vs. Cce, Raipur

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... 2. subsequently a corrigendum to the notice was issued on 02-11-2004 pointing out the retrospective amendment made in finance act, 1994 by finance act 2003 and the prospective amendment in section 73 of finance act 1994 made by finance act 2004. finally the notice was adjudicated confirming demand of service tax amounting to rs. 1466.73 lakhs with interest and ..... . now the question arose whether this amendment was good enough to issue demands under section 73 of finance act, 1994 on persons who had not paid tax during the said period a per rule 2 (d) (xvii). the dispute raised was that during the ..... 5. to overcome the defect pointed out by the apex court in the case of laghu bharati udyog (supra), the parliament made retrospective amendment by section 117 of the finance act, 2000. this amendment validated the action taken under the said rule not withstanding any judgment, decree or order of any court, tribunal or any authority .....

Commissioner of Income-tax Vs. Travancore Minerals Ltd.

Court : Kerala

Reported in : [1981]130ITR631(Ker)

..... amount distributed by way of dividends subject to the conditions mentioned in the said clause. the position under paragraph f of part i of the first schedule to the finance act, 1965, is also substantially similar. 11. thus, going by the definition of the expression 'the relevant amount of distributions of dividends' contained in expln. 1 ..... attracted at all. it is the correctness of the said view taken by the tribunal that really arises for consideration before us in this reference, 7. the finance act, 1966, introduced some substantial changes in the matter of levy of income-tax on companies. the object and purpose of the effectuation of such changes has been ..... conferred under section 148 of the act, reopened the assessment made against the company for the year 1966-67, on the ground that the distribution of dividend made by the assessee during the accounting year relevant to the said assessment year had been wrongly omitted to be subjected to tax as required under the finance acts, 1965 and .....

Wealth-tax Officer Vs. Niranjan Narottam (individual)

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (1985)14ITD27(Ahd.)

..... objects of the amendment referred to in the preceding paragraphs.10. in the circular of the cbdt no. 202 of 5-7-1976, referring to section 27(3) of the finance act, it is mentioned that the amendment comes into force with effect from 1-4-1976 and will be applicable in relation to the assessment year ..... and 51.2 of the circular. the last paragraph is based on a correct interpretation of section 1(2), read with section 27(3)(a) and (b). according to the learned counsel, except section 29(c)(ii) of the finance act, no other section of the finance act, 1976 specifically gives retrospective effect to the provisions contained therein. if the intention was to ..... has challenged these orders of the commissioner.2. the learned counsel for the department pointed out that the question at issue was whether section 7(4) inserted by section 27(3)(b) of the finance act, 1976, is effective prospectively from the assessment year 1976-77 onwards or is applicable retrospectively for an earlier year and if so .....

Manisha Construction Vs. the Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Pune

..... section 158bb(1) of the act inserted by the finance act ..... section 143 or section 144 or section ..... section (1) of section ..... section (1) of section ..... section (1) of section ..... section (1) of section ..... finance act ..... section (1) of section ..... finance act ..... section (1) of section ..... section (1) of section 158bb and sub-section ..... act (section ..... section (2) of section ..... finance act ..... section (1) of section ..... section (1) of section ..... section (1) of section ..... finance act ..... section (1) of section ..... finance act ..... section (2) of section ..... section (1) of section ..... section (1) of section 158bb and sub-section (4) thereof convey the same idea. section ..... section ..... section ..... section ..... section ..... section ..... section ..... section ..... act ..... section ..... section ..... section ..... section ..... sections ..... section 32(2). reading sub-section ..... section ..... act ..... section ..... section i.e. sub-section ..... section ..... section (1) of section 158bb of the act ..... section ..... section ..... section ..... section (1) of section 158bb of the act ..... section 158bb by the finance act ..... section ..... section ..... finance act, 2002 has amended section ..... section ..... section ..... section ..... section ..... section ..... act ..... section ..... section ..... section ..... section .....

Commr.of Income Tax-i,new Delhi Vs. Vatika Township P.Ltd.

Court : Supreme Court of India

..... amendment is to operate prospectively. learned counsel appearing for the assessees sagaciously contrasted the aforesaid stipulation while effecting amendment in section 113 of the act, with various other provisions not only in the same finance act but finance acts pertaining to other years where the legislature specifically provided such amendment to be either retrospective or clarificatory. in so far ..... in the opinion of cit, this led to income having escaped the assessment. according to the cit, in view of the provisions of section 113 of the act as inserted by the finance act, 1995 and clarified by the board circular no.717 dated 14.08.1995, surcharge was leviable on the income assessed. according to the ..... dated 17.04.2007 by the high court. it is this order of the high court which is the subject matter of the appeal in question.7. it is clear from the aforesaid narration that the high court has taken the view that proviso inserted in section 113 of the act by the finance act, 2002 was .....

Commissioner Of Central Excise Raipur Vs. M/s Sepco Electric Power Con ...

Court : Supreme Court of India

..... interest. the commissioner also imposed penalty amounting to the same amount under section 78 of the finance act, 1994, besides imposing penalty of rs. 150/-per day under section 76 and rs.1000/- under section 77 of the finance act, 1994. 2.3 feeling aggrieved and dissatisfied with the order-in-original dated 31.01.2007, the respondent preferred an appeal before the cestat, new delhi bearing appeal ..... central excise, raipur to the respondent under section 73 read with sections 65, 66 and 68 of the finance act, 1994 demanding the service tax along with interest under section 75 and for imposition of penalty under sections 76 & 77 of the finance act, 1994. 2.2 the commissioner of central excise, raipur vide order-in-original dated 31.01.2007 confirmed the demand of service tax amounting to .....