Court : Kerala
Reported in : [2000]119STC236(Ker)
..... delay in the completion of the assessments, then the entire assessments will be bad and likely to be struck down. by the finance act, 1993, the legislature amended section 17 of the act and included section 17(6). under section 17(6), the maximum period of four years was fixed as the limit for completing the assessments. but a proviso was ..... in 1993, there was no time-limit for completion of the assessment. the time-limit was fixed for the first time as per the kerala finance act, 1993 (act 13 of 1993). by the amendment, section 17(6) was introduced with two provisos. the proviso came into force with effect from april 1, 1993. the bill for the purpose ..... notwithstanding the fact that there has been no determinable point of time 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 .....
Tag this Judgment!Court : Kerala
Reported in : 2012(3)KLT41(SN)(C.No.43)
..... . adv. mr.v.v. ashokan, the learned counsel for the petitioners submits that there is absolutely no rationale for having introduced the new provisos as per the finance act, 2007 to sec.8(a)(iii), which has taken away the benefit of lesser tax being enjoyed by the petitioners till then, by virtue of the existing provisions. it is stated ..... p, p1(a), p1(b) and p1(c) in the latter case. while so, there was an amendment to kvat act, 2003 as per the kerala finance act, 2007 (act 15 of 2007)-whereby two new provisos were added to section 8(a)(iii) which read as follows: provided further that this sub-clause shall not be applicable to any works taken ..... grounds raised in the writ petitions, which read as follows: 1. the newly introduced provisos to section 8(a)(iii) of the kerala value added tax act, 2003 by the finance act, 2007 (act 15 of 2007) published in the official government gazette dated 28.7.2007 is unconstitutional and arbitrary. 2. the purpose and effect of the new proviso is to take .....
Tag this Judgment!Court : Kerala
Reported in : [1978]112ITR341(Ker)
..... on the income declared by the assessee. the latter part is only a machinery provision and the earlier provisions provides what is envisaged by section 4 of the income-tax act, 1961, that the finance act, 1965, shall declare the rates applicable. neither of these things can alter the liability, a liability that arises and stems from the existence ..... to the net wealth of the assessees for each of the years what we have mentioned, the entirety of the income declared for that year under section 68 of the finance act, 1965. counsel for the assessee has repeated the argument that was advanced by him before the learned single judge that the procedure adopted is not ..... state, as we have already stated, that the contention was that out of the income attributable to each of the assessment years, the tax leviable under section 68 of the finance act, 1965, must be deducted for the purpose of arriving at the net wealth assessable to wealth-tax. the assessees, the appellants, had already been assessed .....
Tag this Judgment!Court : Kerala
Reported in : [2010]24STT416
..... not business auxiliary service attracting liability for service tax falling under section 65(79) of the finance act 1994? the finance act, 1994 was amended section 90 of the finance (no. 2) act, 2004 introducing clauses (12) and (19) in section 65 of the finance act, 1994. while clause (12) of section 65 defines banking and other financial services which specifically excludes service ..... . in fact cash management service remained excluded for the purpose of levy of service tax until it is deleted through an amendment with effect from 1-6-2007. prior to the deletion clause (12) was covering the following services:(12) 'banking and other financial services' means--(a) the following services provided by ..... order of the tribunal though not for the reasons stated by them but for the findings rendered by us above. it also conceded that from 1-6-2007 onwards the very same service is taxed for service tax at the hands of the respondent by the department under the head 'cash management service'. we, .....
Tag this Judgment!Court : Kerala
Reported in : (2000)160CTR(Ker)216; [2000]242ITR29(Ker)
..... ) after april 1, 1976. originally, the word 'delibe-rately' existed which was omitted by the finance act, 1964, with effect from april 1, 1964. an explanation was inserted at the end of sub-section (1) of section 271 by the said finance act (section 40 of the finance act, 1964). in between, by the finance act, 1968, the base for levy of penalty became the amount of concealment as against the ..... quantum of tax sought to be avoided under the then existing provisions. subsequently, further amendments were brought by the taxation laws (amendment) act, 1975, (section 61 of the said amending act). four explanations were substituted for the explanation introduced by the finance act, 1964. the effect of the said amendment, so far as we are concerned, is that where, in respect of facts material to .....
Tag this Judgment!Court : Kerala
Reported in : (1998)149CTR(Ker)220; [1999]238ITR224(Ker)
..... company, because the activity of conversion of raw materials into food in a hotel does not amount to manufacture or processing of goods within the meaning of section 2(7)(c) of the finance act, 1979, and, therefore, a hotel is not entitled to concessional rate of tax as specified under clause 2(i)(a) of paragraph e of schedule ..... in a hotel, would constitute 'manufacture or processing of goods' within the meaning of section 2(6)(d) of the finance act, 1968. an industrial company engaged in the manufacture or production, was liable to tax at a lesser rate under section 2(6)(d) of the finance act, 1968. this court, reviewing the entire case law germane on the point held in ..... i to the finance act, 1979.4. from these authorities, it is amply clear that this court has discussed the question threadbare whether a hotel is an industrial undertaking, engaged in the .....
Tag this Judgment!Court : Kerala
Reported in : [2000]244ITR44(Ker)
..... (c) after april 1, 1976. originally, the word 'deliberately' existed which was omitted by the finance act, 1964, with effect from april 1, 1964. an explanation was inserted at the end of sub-section (1) of section 271 by the said finance act (section 40 of the finance act, 1964). in between, by the finance act, 1968, the base for levy of penalty became the amount of concealment as against the ..... quantum of tax sought to be avoided under the then existing provisions. subsequently, further amendments were brought by the taxation laws (amendment) act, 1975 (section 61 of the said amending act). four explanations were substituted for the explanation introduced by the finance act, 1964. the effect of thesaid amendment, so far as we are concerned, is that where, in respect of facts material to the .....
Tag this Judgment!Court : Kerala
Reported in : [1979]49CompCas268(Ker); [1979]117ITR676(Ker)
..... liquidator was dividend. even after the amendment by the finance act, 1955, the language of the clause was found to be somewhat inapt and the legislature, by the finance act, 1956, recast clause (c)...11. the language used by the legislature in section 2(6a)(c), as amended by the finance act, 1956, is fairly clear. there is in the ..... wound up could not be included in the expression ' dividend ' : [see seth haridas achratlal v. commissioner of income-fax : [1955]27itr684(bom) ]. by the finance act, 1955, the proviso to clause (c) was deleted and in consequence thereof the limitation relating to the period during which the profits were accumulated ceased to apply in the ..... 2 kb 52 (ca) was got over under the indian i.t. act, 1922, by the amendment effected by the finance act, 1956, to the provisions of the indian i.t. act, 1922. there is no such corresponding amendment to the provisions of the super profits tax act. in this view again, the reasoning of the tribunal, following the principle .....
Tag this Judgment!Court : Kerala
Reported in : [1971]81ITR423(Ker)
..... present case.as has been already noticed the explanation in question was introduced in section 27(1) of the act by virtue of an amendment of that section effected by section 40 of the finance act, 1964. it is expressly stated in section 1(2) of the finance act, 1964, that sections 3 - 55 thereof shall be deemed to have come into force only ..... indicated such an intention either by express words or by necessary implication. it appears to us to be clear that the two changes introduced in section 27(1) of the act by the finance act, 1964, consisting of the deletion of the word 'deliberately' which occurred in clause (c) and the insertion of the explanation at the end ..... on the 1st day of april, 1964. it is, therefor, clear that the intention of parliament was that the amendments in question introduced by section 40 of the finance act were to be effective only from april 1, 1964. the learned counsel for the revenue, however, contends that since the provisions of the explanation relate .....
Tag this Judgment!Court : Kerala
Reported in : (2006)200CTR(Ker)591; 2006(1)KLT128; 2006[4]STR429
..... no. 8238/2005 is issued by the central excise department holding that petitioner is liable to get registered and pay service tax under sections 65 & 66 of the finance act, 1994 as amended by finance (no. 2) act, 2004 with effect from 10-9-2004, which among other things provides for service tax for the service rendered by outdoor caterers.2 ..... since the claim of the petitioner has to be considered with reference to the statutory provisions, reference has to be first made to the definition clauses contained in section 65 of the finance act 1994 as amended. the relevant clauses are extracted herein-below:65(24). 'caterer' means any person who supplies, either directly or indirectly, any food, edible ..... the notice of this court notification no. 20/2004-st(f.no. b2/8/2004-tru) dated 10-9-2004 issued by the central government under section 93(1) of the finance act 1994 wherein exemption is seen granted on service tax at 50% of the value of service rendered by the outdoor caterers. so much so, the .....
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