Judgment Search Results Home > Cases Phrase: finance act 2007 section 46 amendment of section 142 Court: kolkata Page 9 of about 741 results (0.096 seconds)

Jeewanlal (1929) Ltd. Vs. Commissioner of Income-tax (Central) and ors ...

Court : Kolkata

Reported in : [1977]106ITR33(Cal)

..... seen that the income-tax officer applied a lower rate of tax holding that the assessee manufactured articles specified in part iii of the first schedule to the finance act, 1965, i.e., aluminium, whereas the assessee was producing aluminium utensils from aluminium. this also appears to be an incorrect application of the facts.' 4. ..... applicant.' 2. by virtue of the aforesaid direction of the appellate assistant commissioner on the 13th november, 1972, the income-tax officer passed an orderpurporting to be one under section 251 of the act in which he gave effectto the appellate assistant commissioner's order in the manner following :' * * * * * ** * rs. 17,43,703less : rebate on 2 ..... in the eye of law, then the same could be subject to the reviskmal jurisdiction of the commissioner subject, however, to the limitation provided in the section.6. furthermore, there is another aspect of the matter. this order passed by the income-tax officer could itself be the subject-matter of appeal again. .....

Bharat General and Textile Industries Ltd. Vs. Commissioner of Income- ...

Court : Kolkata

Reported in : (1986)53CTR(Cal)418,[1985]153ITR747(Cal)

..... cannot be claimed in respect of transportation and freight charges.20. the substitution of sub-clause (iii) of section 35b(1)(b) by the finance act, 1970, with effect from april 1, 1968, i.e., the date from which section 35b was introduced, makes it clear that expenditure on the distribution, supply or provision outside india of the goods ..... towards export sales. the madhya pradesh high court held that the second partof clause (b)(iii) of section 35b(1) of the i.t. act, 1961, which starts with the words 'not being', which was added by the finance act, 1970, deals with expenditure which is not to be taken into account in granting the export markets development ..... or any other assessment year.' 14. it was by the finance act, 1968, and with effect from april 1, 1968, that this section was inserted. the section then was without either the proviso to sub-section (1)(a) or explanation 2 of that sub-section. the same were inserted by the finance act, 1973, the former with effect from april 1, 1973, .....

Commissioner of Income-tax Vs. Madgul Udyog

Court : Kolkata

Reported in : [1994]208ITR541(Cal)

..... high court, a company engaged in construction works for buildings was not treated as an industrial company within the definition of the expression 'industrial company' appearing in section 2(7) of the finance act. the decision is, as indicated, the reaffirmation of the same view taken by the bombay high court earlier in cit v. n. u. c. ( ..... learned counsel for the assessee had drawn a distinction between the use of the word 'goods' in section 2(7)(d) of the finance act and the use of the word 'articles' in clause (iii) of sub-section (4) of section 80j on the ground that in the former what is to be manufactured is 'goods' while in ..... already observed, the use of the word 'construction' in contrast and contradistinction to the words 'manufacturing and processing' in the definition of 'industrial company' in the finance act. the construction is used as an activity separate and distinct frommanufacturing and in the definition of an 'industrial company' it is only construction of ships which is .....

Shri Debi Dutt Moody Vs. Shri Belan and ors.

Court : Kolkata

Reported in : AIR1958Cal398,[1959]35ITR781(Cal)

..... assess or re-assess such income ...... '22. it will therefore appear that under'section 34, as it was before the amendment by section 18.'of the finance act of 1956, it was laid downin the body of the section that so far as noticesunder clause (a) of sub-section (1) are concerned, theymust be 'served'' within 8 years. but underthe proviso ..... been raised, i have to deal with it.19. the point is as follows : under section 34 as id stood before the finance act of 1956, it was incumbent on the income-tax officer, in cases falling under clause (a) of sub-section (1) of section 34, 'at any time within 8 years' to serve on the assessee etc., a notice ..... however, that shortly after the bombay judgment by section 18 of the finance act of 1956, the provisions of section 34, including the proviso, have been altered, as stated above while in the body of the section it was previously laid down that the notice issued under! clause (a) of sub-section (1) of section 34 should be served within 8 years, it .....

Tata Metaliks Ltd. Vs. C.i.T Iii, Kolkata

Court : Kolkata

..... tax or refund was due from him after making such adjustments. with effect from 1st april, 1998, the second proviso to s.143(1)(a) was substituted by the finance act, 1997, which was operative till 1st june, 1999. the requirement was that an intimation was to be sent to the assessee whether or not any adjustment had been ..... issued as intimated and thereafter the assessing officer did not resort to seeking any further particulars or evidence from the assessee in resorting to the provision of section 143(2) of the said act. in those circumstances, the assessment stood completed and accepted by the assessee who then had sought to file a revised return on the last day ..... of change of opinion, as contended, does not arise. from rajesh jhaveri, we find the hon ble supreme court had considered the effect of section 143 of the said act in discussing its sub-sections as it had undergone change from time to time. the tribunal had relied on the case of cit versus punjab national bank (supra) in which .....

income-tax Officer Vs. Pratappur Sugar and Industries

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1985)13ITD753(Kol.)

..... has, in its decision in the case of best & co. (p.) ltd. (supra) held, in connection with clause (iii) inserted in section 40(c) of the act by the finance act, 1963 as from 1-3-1963, that the said provision thereunder was not linked to any particular assessment year as such or even the previous year ..... into force on the 1st day of april, 1983". the section by which sub-section (5) has been inserted in section 37 of the 1961 act is section 17 of the finance act ..... taken by way of miscellaneous application under section 254(2) of the act.5. i have heard the parties and have gone through the finance act carefully. it is true that sub-section (2) of section 1 of the finance act provides that "save as otherwise provided in this act, sections 2 to 43 and section 59 shall be deemed to have come .....

Dcit Vs. S.G. Investments and Industries

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2004)89ITD44(Kol.)

..... of expenditure incurred by the assessee in relationship to income which does not form part of the total income under this act." 9. a new section 14a in chapter iv of the income-tax act, 1961 was inserted by the finance act, 2001, with retrospective effect from 1-4-1962. the circular no. 14 of 2001, dated 22-11-2001 issued ..... has been given in circular no. 8 of 2002, dated 27th august, 2002, stating as follows:- "23.1 though the finance act, 2001, a new section 14a was inserted in the income-tax act retrospectively with effect from 1st april, 1962 to clarify the intention of the legislature that no deduction shall be allowed in respect of any expenditure ..... issue at rest and not to unsettle the cases by raising the issue afresh. 23.2 through finance act, 2002, a proviso to section 14a has been inserted so as to clarify that the assessing officer shall not reassess the cases under section 147 of pass an order enhancing the assessment or reducing a refund already made or otherwise increasing .....

The Indian Iron and Steel Co. Ltd. Vs. Member, Board of Revenue

Court : Kolkata

Reported in : [1971]27STC373(Cal)

..... is the question referred to us. but it seems that the real controversy between the parties has not been brought out in this question. in the bengal finance (sales tax) act, 1941, in section 2(c) a 'dealer' has been defined. according to this definition a 'dealer' means, inter alia, any person who carries on the business of ..... or otherwise. the bihar definition seems to be of a slightly wider amplitude. then again, by the west bengal taxation laws (amendment) act, 1969, section 2(la) was incorporated into ^he bengal finance (sales tax) act with retrospective effect. this amended provision has tried to define 'business'. it says that 'business' includes 'any trade, commerce or manufacture or ..... 4 to 6 of the paper-book). but at pages 11 and 12 we find the grounds of appeal against the order of assessment under section 11 of the bengal finance (sales tax) act. ground no. 2 is :that the charges of rs. 42,314 realised for coke-breeze supplied to the employees at concessional rate cannot .....

Sicpa India Pvt. Ltd. Vs. Union of India

Court : Kolkata

..... company to the writ petitioner is not patented nor otherwise registered as an intellectual property right in india. hence, the same will not be covered under section 65 (105) (zzr) of the finance act and, therefore, service tax is not attracted. no patent exists in respect of the technical know-how granted to the writ petitioner under the collaboration ..... right in to manufacture of security printing inks is not registered in india and the same, therefore, prima facie will not be covered under section 65 (105) (zzr) of chapter v of the finance act, 1994. as such, prima facie, service tax liability will not be attracted to the transfer of the said technical know-how by the swiss ..... at the rate of 2 per cent of the tax per month, whichever is higher. the commissioner also imposed a penalty of rs.3 crores under section 78 of the finance act, 1994. (3) the petitioner challenged the aforesaid order of the commissioner before the cestat by way of an appeal. the petitioner also filed an application .....

Chloride India Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1995)53ITD180(Kol.)

..... modifications and amendments but the substance of the section is the same viz. ..... object of introducing section 80hhc is to encourage the larger export of certain goods. for this purpose, section 89a was first introduced into the income-tax act by the finance act, 1982. thereafter, the section was omitted and it was replaced by section 80hhc introduced by the finance act. 1983. since its introduction, the section has received various ..... , for the first time a definition of the words 'total turnover' was inserted in the section by introduction of explanation (bb) at the end of the section w.e.f. 1 -4-1991 by the finance act, 1990. as per the definition, the total turnover shall not include the cash compensatory support, .....