Judgment Search Results Home > Cases Phrase: finance act 2007 section 52 amendment of section 193 Page 14 of about 42,131 results (0.359 seconds)

Cit Vs. Rajiv Bhatara

Court : Supreme Court of India

..... dependent for its leviability on the assessees liability to pay income-tax but on assessed tax.13. therefore, even without the proviso to section 113 (inserted vide finance act, 2002 with effect from 1-6-2002), finance act, 2001 was applicable to block assessment under chapter xiv-b in relation to the search initiated on 6-4-2000 and accordingly surcharge was ..... w entry 82 of list i of schedule vii to the constitution of india, 1950 (in short the constitution). that power is not traceable to section 4 of the act. every year the finance act is enacted by parliament to give effect to the financial proposals of the central government. the rate at which acharge on the total income of ..... 287 itr 160 (p&h;) and also referred to two other decisions of the madras high court in cit v. neotech company (firm) : (2007) 291 itr 27 (mad) and cit v. s. palanivel : (2007) 291 itr 33 (mad).4. learned counsel for the appellant submitted that the case at hand is squarely covered by a decision of this court in .....

Controller of Estate Duty, Karnataka, Bangalore Vs. Andal Thayaramma

Court : Karnataka

Reported in : ILR1984KAR1368; [1985]151ITR197(KAR); [1985]151ITR197(Karn); 1984(2)KarLJ396

..... but, by the estate duty (amendment) act of 1958 (central act no. 33 of 1958) ('the amending act') that came into force on july 1, 1960, which governs these cases, the above section has been recast and substituted and that section with certain minor amendments made thereafter by the later finance acts that are not material to notice, reads thus ..... on the value of the property passing; for determining the rate, the principle of 'aggregation' was introduced by the finance act, 1894, s. 4 (amended by the finance act, 1900, s. 12, the finance act, 1907, s. 16 and the finance act, 1927, s. 51). thus, where several distinct estates pass on a person's death, as, for instance, ..... rate of duty is ascertained from the aggregated total. property (exclusive of certain settled property) not exceeding pound 15,000 (finance act, 1894, s. 16(3) as substituted by finance act, 1954, s. 33(1), and amended by finance act, 1972, s. 120(3) is the main exception : this exception (known as the 'small estate') grew by .....

Cce Vs. Sree Nithyakalyani Textiles Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

..... be valid and always to have been valid for all purposes, as validly and effectively taken or done" vide section 117 of the finance act, 2000. later on, the finance act., 2003, made certain amendments to the service tax provisions of the finance: act, 1994, whereby the aforesaid assessees were required to present tax returns to the proper officer within six months from ..... 12.5.2000 in show-cause notices dated 13.5.2002 and 14.2.2003. such demands are not effected by the amendments made to section 65 by parliament under section 116 of the finance act, 2000 and consequently the y are hit by the apex court's ruling in laghu udyog bharati (supra).(operative portion o the order was ..... services, rules had been framed by central government to recover service tax from the recipients of service. but these rules were held to be ultra vires sections 65 and 66 of the finance act, 1994 by the hon'ble supreme court in the case of laghu udyog bharati (supra). in order to get over the supreme court's ruling, .....

Commissioner of Income Tax Vs. N. C. John and Sons Ltd.

Court : Kerala

Reported in : (1996)135CTR(Ker)319

..... w.e.f. 1st april, 1978, but it is to stand deleted w.e.f. 1st april, 1980 by finance act, 1979. (1a). notwithstanding anything contained in sub-s. (1), no deduction under this section shall be allowed in relation to any expenditure incurred after the 31st day of march, 1978, unless the following conditions are fulfilled, namely :(a) the ..... india of such goods, services or facilities as may be prescribed.original explanation was renumbered as explanation 1 and a new explanation 2 was inserted by finance act, 1973 w. r. e. f. 1st april, 1968 explanation 1. - in this section, 'domestic company' shall have the meaning assigned to it in cl. (2) of 80b.explanation 2 was inserted by ..... finance act, 1973 w. r. e. f. 1st april, 1968 explanation 2. - for the purposes of sub-cl. (iii) and sub-cl. (viii) of cl. (b), expenditure incurred .....

Court : Mumbai

..... the cestat. 39. in support of the above submissions mr.sridharan has placed reliance upon the following materials:- (1) section 64 of the finance act, 1994, (2) section 65(105) of the finance act, 1994, (3) sections 66, 66a of the finance act, 1994, (4) the export of service rules, 2005 as amended from time to time, (5) the taxation of ..... doubt is raised that the service provided by the subsidiaries on site is provided outside india, but such doubt overlooks the deeming provision of section 66a of the finance act, 1994. that section not only deems the receiver of service as provider of service, but also deems that the recipient himself has provided the services in ..... press note dated 11.05.2007 are perused, then, it would be apparent that the services received by the appellants from the overseas subsidiaries will be deemed to be services provided by the appellants in india. mr.sridharan submits that the above legal fiction created under section 66a of the finance act, 1994 is not restricted .....

Commissioner of Income-tax Vs. Beehive Engineering Co. and Allied Indu ...

Court : Andhra Pradesh

Reported in : (1996)136CTR(AP)321; [1996]221ITR561(AP)

..... not less than fifty-one per cent. of such total income. 2. the question as to the exact meaning of the explanation to sub-section (7)(d) of section 2 of the finance act, 1966, came up for consideration and the board are advised that an 'industrial company' would mean - (i) a company which is mainly ..... 17, 1973) (see [1973] 88 itr 80). it reads : 'interpretation of the term 'industrial company' as given in the explanation to sub-section (7)(d) of section 2 of the finance act, 1966. '.... 'industrial company' means a company which is mainly engaged in the business of generation or distribution of electricity or any other form of power ..... bharat enterprises (p.) ltd. v. cit : [1983]143itr804(ap) . there the division bench was concerned with the definition of 'industrial company' contained in section 2(6)(c) of the finance act, 1969, which is in pari materia as the definition under consideration. while interpreting the said definition, the division bench observed as follows (page 811) : ' .....

Union of India (Uoi) and ors. Vs. Modi Rubber Ltd.

Court : Supreme Court of India

Reported in : AIR1986SC1992a; 1986(10)ECC73; 1986(25)ELT849(SC); JT1986(1)SC178; 1986(2)SCALE269; (1986)4SCC66; [1986]3SCR587; 1986(2)LC646(SC)

..... 8(1), be read as granting exemption only in respect of duty of excise payable under the central excise and salt act, 1944. undoubtedly, by reason of sub-section (4) of section 32 of the finance act, 1979 and similar provision in the other finance acts, rule 8(1) would become applicable empowering the central government to grant exemption from payment of special duty of excise, but ..... , 1974 and 1st march, 1981 must be construed as duty of excise payable under the central excise and salt act, 1944. the respondents sought to combat this conclusion by relying on sub-section (4) of section 32 of the finance act, 1979-there being an identical provision in each finance act levying special duty of excise-which provided that the provisions of the central excise and salt .....

Cce, Allahabad Vesus M/S Hindalco Industries Ltd

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... 2010 -tiol 682-hc-ahm-st; 15. in view of the above position it is very clear that the demand issued in 2002 invoking provisions of section 73 of the finance act as existing at that time is not maintainable. 16. hidalco has a contention that the service involved was not service of clearing and forwarding agent because ..... latter category. 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 judgement, decree or order of any court, tribunal or any authority. 6 ..... on 20-03-2008 during which time those amendments also had come into force. 7. after the retrospective amendment by finance act 2000, 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 as per rule 2 (1) (d). the .....

Shree Mulchand Co. Ltd. Vs. Commissioner or Income-tax

Court : Mumbai

Reported in : (1986)51CTR(Bom)195; [1986]162ITR764(Bom)

..... the claim of the assessee. the reference arises form the aforesaid decision of the tribunal.3. the material part of clause(c) of sub-section(6) of section 2 of the said finance act runs as follows :'industrial company' means a company which is mainly engaged in the business of generation or distribution of electricity or any other ..... clause.5. it was submitted by miss patel, learned counsel for the assessee, that the expression 'processing' used in clause(c) of sub-section(6) of section 2 of the said finance act has a wider connotation than the term 'manufacture' and that for an activity to be considered processing, it was not necessary that the activity must ..... [1984]145itr387(cal) , the calcutta high court was called upon to consider the meaning of the term 'processing' used in the definition of 'industrial company' in section 2(7)(c) of the finance act, 1978. after analysing the decision of the supreme court in the case of chowgule & co. pvt. ltd. v. union of india : 1985ecr263(sc) , and .....

The Commissioner of Income Tax, West Bengal Ii, Calcutta Vs. Naga Hill ...

Court : Supreme Court of India

Reported in : AIR1973SC2524; [1973]89ITR236(SC); (1973)4SCC200; [1973]3SCR510

..... at in accordance with clause (i) of the second proviso to paragraph d of part ii of the first schedule to the finance act 1958 (act xi of 1958) as has not been deemed to have been taken into account, in accordance with clause (ii) of the ..... was computed at rupees 26,357/-. on that a rebate of rupees 16.114/- was allowed under the provisions of the finance act 1959. thereafter that rebate was withdrawn by the income tax officer on the ground that there was an unabsorbed reduction of rebate ..... by certificate arises from the decision of the calcutta high court in a reference under section 66(1) of the indian income-tax act 1922 (to be hereinafter referred to as the 'act'). the question referred to the high court for its opinion reads:whether, on the facts ..... from dividends in accordance with the provisions of sub-section (3-d) of section 18 of that act; and(b) is such a company as is referred to in sub-section (9) of section 23-a of the income-tax act with a total income not exceeding rs. 25,000 .....