Judgment Search Results Home > Cases Phrase: finance act 2007 section 132 amendment of section 37 Court: kerala Page 4 of about 663 results (0.128 seconds)

K. Srinivasan, A.V. Thomas and Co. Ltd., Alleppey Vs. Commissioner of ...

Court : Kerala

Reported in : AIR1969Ker300; [1969]73ITR275(Ker)

..... income at the rates in force in the assessment year. the learned counsel submitted that the object of enacting sub-section (2) of section 2 of the finance act, 1964,and a similar provision in other finance acts was to avoid the aforesaid administrative work, and also not to subject the salaried income to a tax liability different ..... surcharge and additional surcharge, while super-tax shall be increased by a surcharge and special surcharge in the manner provided in the said act. but sub-section (2) of section 2 of the finance act, 1964 did not mention any of these surcharges. therefore, the assessee contended that the salary portion of his total income was chargeable ..... under the head other sources. this total income was charged to income-tax, super-tax and surcharges at the rates provided in the finance act, 1964. sub-section (2) of section 2 of this act provides that when the total income of an assessee not being a company includes any income chargeable under the head salaries, income-tax .....

Sajith.A.S. Vs. Union of India

Court : Kerala

..... turn defined under the finance act, 1994, as it stood during the relevant period, as meaning w.p.(c).no.14878/2007 & con.cases4any institute or establishment providing commercial training or coaching for imparting skill or knowledge or lessons on any ..... respondents. by an interim order passed in the writ petitions, the respondents were restrained from proceeding further against the petitioners in terms of the provisions of the finance act, 1994 as amended. the interim orders passed in favour of the petitioners continue to hold good even today, save in w.p.(c).no.3291/2011 ..... of the respondents that the services rendered by the petitioners would come within the ambit of "commercial training or coaching services" which is defined in the finance act, 1994, as amended, to mean any training or coaching provided by a commercial training or coaching centre. a "commercial training or coaching centre" is in .....

Shri.Thomas George Muthoot Vs. The Commissioner of Income Tax

Court : Kerala

..... 15.a statutory provision, unless otherwise expressly stated to be retrospective or by intendment shown to be retrospective, is always prospective in operation. finance act 2012 shows that the second proviso to section 40 (a)(ia) has been introduced with effect from 01.04.2013. reading of the second proviso does not show that it was meant ..... therefore, this contention raised also cannot be accepted. 16.relying on the apex court judgment in commissioner of income tax v. hindustan coca cola beverages pvt. ltd. [(2007) 293 itr226, learned senior counsel for the appellants contended that the recipients of the ita.278/14 & con cases 12 amounts paid by the appellants, the firms of ..... respectively. sri.john muthoot has filed ita nos.283/14, 288/14 and 292/14 against the orders for the assessment years 2005-06, 2006-07 and 2007-08 respectively. 2.during the aforesaid assessment years, the appellants paid interests on amounts drawn by them from partnership firms of which they are partners, as provided .....

Commissioner of Central Excise and Customs Vs. Zodiac Advertisers

Court : Kerala

Reported in : 2009[13]STR593; [2009]20STT407; (2009)23VST36(Ker)

..... even though registration was taken for payment of service tax under compulsion, they refused to comply with the provisions of section 68 of finance act read with rule 7 of service tax rules in regard to filing of returns and payment of service tax. however, on enquiry, it was found ..... by commissioner (appeals). respondent's appeal was allowed by the tribunal by holding that they are not an 'advertising agency' as defined under section 65(3) of the finance act, 1994. the facts leading to the case are the following:respondent is engaged in the business of making and selling of advertisements for customers. ..... appearing for respondent.3. since the question involved has to be considered with reference to the definition clauses contained in section 65 (2) and (3) of the finance act, 1994, the same are extracted hereunder for easy reference.section 65(2) : advertisement includes any notice, circular, label, wrapper, document, hoarding or any other audio or .....

Commissioner of Wealth-tax Vs. Malabar and Pioneer Hosiery P. Ltd.

Court : Kerala

Reported in : (2006)200CTR(Ker)287; [2006]280ITR260(Ker)

..... whether, on the facts and in the circumstances of the case, the tribunal is right in law in holding that the assessee's case is hit by section 40 of the finance act, 1983 ?(2) whether, on the facts and in the circumstances of the case, the tribunal is right in law and fact in relying on the finding ..... wrong, unwarranted and vitiated ?4. a division bench of this court in cwt v. cosmopolitan hospitals p. ltd. : [2004]265itr312(ker) , held that section 40(3)(vi) of the finance act specifically includes warehouse, cinema house, hotel or office for the purpose of its business or as residential accommodation for its employees. it also provides for exclusion of ..... to the civil supplies corporation and another portion of the building was converted into a kalyana mandapam. the commissioner took the view that the exemption under section 40(3)(vi) of the finance act, 1983, will be available if the assessee uses the building as a factory, godown, warehouse, hotel for the purpose of business. the business .....

Manarkattu Bros. (P.) Ltd. Vs. Commissioner of Income-tax

Court : Kerala

Reported in : [1997]227ITR586(Ker)

..... we have already observed that the amendments introduced to the provisions of section 43b of the act by the direct tax laws (amendment) act, 1987, the finance act, 1988, and the finance act, 1989, changed the situation with regard to the contents of the provisions of section 43b of the act. the finance act, 1989, relating to the amendments made in 1989 by its second ..... . the revenue submitted, as would be found from the order of the tribunaldated march 14, 1991, that as a result of the retrospective amendment of section 43b by the finance act, 1989, there is a mistake of law, apparent on the face of the record. the tribunal, in the circumstances substituted paragraph 7 of the original ..... 1. whether, on the facts and in the circumstances of the case, the tribunal was correct in law in holding that in view of the amendment of section 43b by the finance act, 1989, introducing explanation 2, the appellate order dated september 2, 1988, was liable to be rectified and the sum of rs. 3,08,424 being .....

Escotal Mobile Communications Ltd. Vs. Union of India

Court : Kerala

Reported in : [2002]123TAXMAN134(Ker)

..... , it is necessary to notice the relevant statutory provisions. service tax is leviable under section 67 of the act, as amended by the finance act, 1996, the finance act, 1997 and the finance act, 1998. taxable service is defined in clause (72) of section 65 of the finance act. as far as mobile service providers are concerned, they are treated as telegraph authority ..... been paid, cannot 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 act, as amended by the finance act, 2001, has to be understood and interpreted in consonance with the legislative competence of the parliament, which cannot levy a tax on ..... declared in their st-3 returns filed for the quarters covered during the period from january 1997 to april 1999, under section 73(a) of the finance act, 1994 (hereinafter referred to as the act). an order was also made for payment of interest on the defaulted amount at the rate of 1.5 per cent .....

South Indian Bank Ltd. Vs. Commissioner of Income-tax

Court : Kerala

Reported in : (2003)183CTR(Ker)21; [2003]262ITR579(Ker)

..... established to have become a bad debt in the previous year. this is subject to the fulfilment of the conditions specified in subsection (2) of section 36. however, as per the amendment made by the finance act, 1985, a proviso was added to clause (vii) as per which, in the case of a bank to which clause (viia) applies, the ..... part thereof which is written off as irrecoverable in the accounts of the assessee for the previous year.'6. 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) ..... one and a half per cent, of the aggregate average advances made by such branches, computed in the prescribed manner.'3. section 36(1) (vii) and (viia) as it stood after the amendment made by the finance act, 1985, reads as follows :'36(1). the deductions provided for in the following clauses shall be allowed in respect of the .....

Commissioner of Income-tax Vs. A. Kunjumytheen Kunju

Court : Kerala

Reported in : [1997]227ITR582(Ker)

..... statutorily payable in the accounting year itself.3. however, the amendments introduced to the provisions of section 43b of the act by the direct tax laws (amendment) act, 1987, the finance act, 1988, and the finance act, 1989, changed the situation with regard to the contents of the provisions of section 43b of the act. the finance act, 1989, relating to the amendment made in 1989 by its second proviso to ..... context. if this is the position that emerges as a result of the deeming provision arising out of the finance act, 1989, with regard to explanation 2 to section 43b of the act, the obvious result would be that the provisions of section 43b of the act would become operative where the liability to pay the tax or the duty was incurred in the accounting year .....

Commissioner of Wealth-tax Vs. Smt. V. Pathummabi

Court : Kerala

Reported in : [1977]108ITR689(Ker)

..... the return was filed which in this case was on march 30, 1970, after the date of the amendment introduced by the finance act of 1969. it was, therefore, contended that section 18(1)(i) as it was amended by the finance act, 1969, must be applied for the entire periods from july 1, 1964, to march 30, 1970, for the year 1964- ..... month during which the default continued, but not exceeding in the aggregate fifty per cent, of the tax ; .....' 4. this section was again amended with effect from april 1, 1969, by the finance act, 1969, and after such amendment section 18(1) reads as follows:'18. penalty for failure to furnish returns, to comply with notices and concealment of assets, etc.--(1 ..... to be computed under the law as it obtained on the 1st april of each assessment year alone, that is, under section 18(1)(i) of the wealth-tax act, 1957, as it stood prior to its amendment by the finance act, 1969 ?'2. the returns for the two years 1964-65 and 1965-66 should have been filed by the assessee on .....