Court : Kerala
Reported in : [2002]126STC475(Ker); 2006[2]STR567
..... necessary to notice the relevant statutory provisions. service tax is leviable under section 67 of the finance act, 1994, as amended by the finance act of 1996, the finance act of 1997 and finance act of 1998. 'taxable service' is defined in sub-section (72) of section 65 of the finance act. as far as mobile service providers are concerned, they are treated ..... be subjected to tax again by the parliament ; the expression 'any service' used while defining the term 'taxable service' in section 65(72) of the finance act, 1994 as amended by finance act, 2001, has to be understood and interpreted in consonance with the legislative competence of parliament, which cannot levy a tax on ..... the levy of service tax unconstitutional and beyond the competence of parliament. the contention, therefore, is that the expression, 'taxable service', under section 65(72) of the finance act must be understood as excluding the sale of sim card, the tax on which is within the exclusive province of the state. for .....
Tag this Judgment!Court : Kerala
Reported in : (2005)199CTR(Ker)581; 2005(4)KLT947
..... appeal having been dismissed as time barred with no provision to condone delay beyond the period prescribed under section 85 of the finance act.3. the writ petitions were filed challenging sub-section 3 of section 85 of the finance act, 1994 which prescribes a maximum period of three months as the period during which the commissioner ( ..... are of opinion that the respondents could not have raised their contentions regarding the imposition of penalty on merits notwithstanding the limitation prescribed under section 85(3) of the finance act, 1994 and dismissal of their appeals on the ground of limitation even in the writ petitions filed under article 226 of the constitution ..... the respondents have not taken up the original orders imposing penalty in appeals before the appellate authority within the maximum period prescribed under section 85(3) of the finance act, 1994, they cannot get the appeals revived and heard on merits by resorting to the discretionary remedy before this court under article .....
Tag this Judgment!Court : Kerala
Reported in : (2006)199CTR(Ker)581
..... appeal having been dismissed as time-barred with no provision to condone delay beyond the period prescribed under section 85 of the finance act.3. the writ petitions were filed challenging sub-section (3) of section 85 of the finance act, 1994, which prescribes a maximum period of three months as the period during which the commissioner ( ..... of opinion that the respondents could not have raised their contentions regarding the imposition of penalty on merits notwithstanding the limitation prescribed under section 85(3) of the finance act, 1994, and dismissal of their appeals on the ground of limitation even in the writ petitions filed under article 226 of the constitution ..... the respondents have not taken up the original orders imposing penalty in appeals before the appellate authority within the maximum period prescribed under section 85(3) of the finance act, 1994, they cannot get the appeals revived and heard on merits by resorting to the discretionary remedy before this court under article .....
Tag this Judgment!Court : Kerala
Reported in : [1964]51ITR33(Ker)
..... deemed to have come into force on the 1st day of april, 1959. therefore, it will be noted that the omission of sub-section (10) of section 35 of the parent act, effected by section 13 of the finance act, has taken effect from 1st april, 1959.o.p. no. 1295 of 1961 relates to the assessment year 1949-50 corresponding to ..... allowed, was availed of by the company wholly or partly for declaring dividend. i may also indicate that under section 28 of the finance act, 1956, the amendment made by that finance act in the income-tax act by section 4 and clause (b) of section 15 are deemed to have come into force on the last day of april, 1950. therefore, it is ..... refund. it is also provided that such notice of demand shall be deemed to be issued under section 29 and the provisions of the act shall apply accordingly.section 35 (10), which was incorporated in the main act by section 19 of the finance act, 1956 (act xviii of 1956), is as follows :'where, in any of the assessments for the years beginning .....
Tag this Judgment!Court : Kerala
Reported in : [1979]117ITR599(Ker)
..... 1, 1973. section 80-i as it stood at the relevant time ..... , which was newly introduced by the finance act of 1965, at the time, it was so introduced, it consisted only of four sections--sections 80a to 80d. section 80e was added by the finance act, 1966 ; and section 80f was added by the finance act, 1967. section 80-i was added by the finance (no. 2) act of 1967 on april 1, 1968, and was deleted by the finance act, 1972, with effect from april .....
Tag this Judgment!Court : Kerala
Reported in : [1980]121ITR178(Ker)
..... be seen reflected in the majority and dissenting judgments of a closely divided seven-judge court. the question related to the constitutional validity of section 24 of the finance act, 1969, which amendedthe w.t. act. as a result of the amendment, the capital value of agricultural land was included for the purpose of computing net wealth. without ..... income-tax is to be charged upon the total income of the previous year of the assessee. in our opinion, the provision of the finance act travels beyond the ambit of section 3, and if parliament has done so then no effective charge can be made on the total income of the previous year of the assessee ..... income cannot enter into the reckoning at all. this was emphasised with reference to the definition of 'net agricultural income' in section 2(7), sub-section (e) of the finance act, 1973, and of part iv of schedule! of the act, and, in particular, of rule 11 thereof. these provisions, it was claimed, were quite inadequate to achieve the purpose .....
Tag this Judgment!Court : Kerala
Reported in : 1996(54)ECC80; [1996]219ITR293(Ker)
..... namely :' 21. the assessee would contend that both the words 'manufacture' and 'production' are used in the first schedule. therefore, when we consider section 2(5)(a)(ii) of the finance act, 1966, the word 'manufacture' is to be taken as used in juxtaposition with production. learned counsel forthe assessee who relied on the above decisions, further ..... is contended before us on behalf of the revenue that the view taken by the tribunal is directly against the statutory provision as also settled legal position. section 2(5)(a)(ii) of the finance act, 1966, reads as follows : ' . . . . where he is engaged in the manufacture of any articles in an industry specified in the first ..... authority took the view that such process will not come within the term 'manufacture' so as to enable the assessee to claim rebate under section 2(5)(a)(ii) of the finance act, 1966. the appellate authority took the view that the process would amount to manufacture. 4. for the assessment year 1966-67, an appeal .....
Tag this Judgment!Court : Kerala
Reported in : [1973]91ITR313(Ker)
..... in respect of the remaining years to the original assessment itself. the challenge made is on the basis that section 2(18) read with section 2(41) and section 104 read with section 108 of the act and the provisions of the finance act, 1964 (5 of 1964), authorising levy of super-tax at a rate higher than 25 per cent, of ..... the total income, the finance act, 1966 (13 of 1966), authorising levy of income-tax at a rate higher than 55 per cent., the finance acts, 19 ..... companies are excluded from such liability. for closely held companies rates higher than those for widely held companies for assessment of tax have been fixed by the finance acts. in the finance act of 1964, for all companies other than the life insurance corporation of india, the rate of super-tax on the total income was fifty-five per cent .....
Tag this Judgment!Court : Kerala
Reported in : [1977]109ITR596(Ker)
..... income. the inspecting assistant commissioner found the assessee guilty of concealment and he had to impose penalty for these two years. section 271(1)(c)(iii) of the income-taxact, 1961, before it was substituted by the finance act, 1968, with effect from april 1, 1968, provided that the penalty imposable shall be a sum which shall not be ..... of income-tax v. isthmian steamship lines : [1951]20itr572(sc) . the tribunal held that there was nothing either expressed or implied in the finance act of 1968 to show that the law as amended would apply to penalty proceedings prior to the assessment year 1968-69, where returns are filed after march 31, 1968. ..... took place after march 31, 1968, that the law at the time of the commission of the offence is the law as it stood after the amendment by the finance act, 1968, and, therefore, the minimum penalty had to be computed according to that law. reliance was placed on behalf of the department on the decision in commissioner .....
Tag this Judgment!Court : Kerala
Reported in : (2003)185CTR(Ker)111; [2004]265ITR312(Ker)
..... 2 per cent of the net wealth. by the finance act, 1992, section 13 of the finance act, 1960 and section 40 of the finance act, 1983, have been omitted w.e.f. 1st april, 1993.9. now, we shall consider the scope of section 40 of the finance act, 1983. the heading of the section reads : 'revival of levy of wealth-tax ..... production' and 'industrial purposes'.21. the memorandum explaining the above amendments (1988) 170 itr 204 reads thus ;'54. under the existing provisions of section 40 of the finance act, 1983 wealth-tax is levied in respect of the net wealth of all closely-held companies. for the purposes of determining the net wealth of the ..... said questions it will be profitable to note the background of the introduction of section 40 of the finance act, 1983. company was an assessable entity under section 3 of the act. however, by section 13 of the finance act, 1960 company was excluded from the charging section 3 from the financial year commencing on or after the first day of april .....
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