Court : Punjab and Haryana
..... a comprehensive scheme in itself with general provisions of central excise act and rules excluded?. iv. whether the provisions of section 38a of the central excise act, 1944 inserted by section 131 of the finance act, 2001 (validation of action taken has been provided for by virtue of section 132 of the finance act, 2001) shall be applicable in respect of obligation and liabilities ..... regard reliance may be placed on the judgment of hon'ble the supreme court in the case of state of punjab v. bhatinda district cooperative milk producers union limited, (2007) 11 scc363 .6. in so far as judgment in raghuvar (india) limited's case (supra) is concerned, therein also, the apex court held that any law ..... contention.5. a division bench of this court in commissioner of central excise, chandigarh v. m/s hari concast (p) limited, cea no.35 of 2007, decided on 20.4.2009, after relying upon judgment of the apex court in state of punjab v. bhatinda district cooperative milk producers union limited .....
Tag this Judgment!Court : Punjab and Haryana
..... a comprehensive scheme in itself with general provisions of central excise act and rules excluded?. iv. whether the provisions of section 38a of the central excise act, 1944 inserted by section 131 of the finance act, 2001 (validation of action taken has been provided for by virtue of section 132 of the finance act, 2001) shall be applicable in respect of obligation and liabilities ..... regard reliance may be placed on the judgment of hon'ble the supreme court in the case of state of punjab v. bhatinda district cooperative milk producers union limited, (2007) 11 scc363 .6. in so far as judgment in raghuvar (india) limited's case (supra) is concerned, therein also, the apex court held that any law ..... contention.5. a division bench of this court in commissioner of central excise, chandigarh v. m/s hari concast (p) limited, cea no.35 of 2007, decided on 20.4.2009, after relying upon judgment of the apex court in state of punjab v. bhatinda district cooperative milk producers union limited .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1975]98ITR78(P& H)
..... of the machinery installed after april 1, 1965, worth rs. 34,287 against which the rebate was allowed at 20%. the assessee-company also claimed benefit under section 80e which was inserted by the finance act, 1966, with effect from april l, 1966, to the extent of its income determined by the income-tax officer at rs. 8,17,485 received from the ..... to deduction in respect of profits and gains from specified industries in case of certain companies. in both the sections, reference has been made to the fifth schedule of the act. that schedule was substituted by the finance act, 1965. the relevant entry to which reference has been made by the learned counsel for the parties is no. 16 which is as follows :'paper .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1998]234ITR654(P& H)
..... collector , wherein it was held that, in the light of the amendment of sub-clause (iii) of clause (14) of section 2 of the act by the finance act, 1970, and after the insertion of the explanation below clause (1a) of that section by the finance act, 1989, with retrospective effect from 1-4-1970, agricultural land, situated within the limits of any municipality having a specified ..... .the following question has been referred, for opinion, by the income tax appellate tribunal (for short 'the tribunal'), at the instance of the department under section 256(1) of the income tax act, 1961 (for short 'the act')assessment year 1980-81'whether, on the facts and in the circumstances of the case, the tribunal was right in law in approving the order .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1980)14CTR(P& H)119; [1980]123ITR658(P& H)
..... it was further argued by the learned counsel for the assessee that sections 4 and 182 of the act are not to be read when proviso to section 114 is attracted. for the purposes of tax on capital gains the charging section 4 read with the finance act, 1964, is to be excluded, particularly in the present case, ..... ; but it was revived with effect from the 1st april, 1957, by the finance (no. 3) act, 1956, which substituted a new section 12b. under section 12b as introduced with effect from april 1 ..... by the income-tax and excess profits tax (amendment) act, 1947, which inserted section 12b in the indian i.t. act, 1922. it taxed capital gains arising after the 31st march, 1946. the levy was virtually abolished by the indian finance act, 1949, which confined the operation of section 12b to capital gains arising before the 1st april, 1948 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1972]86ITR580(P& H)
..... the case, the assessee's profits and gains earned in the calendar year 1956 were assessable to tax for the assessment year 1957-58 at the rates prescribed by the finance act, 1957, or in accordance with clause 23 of the agreement dated 1st april, 1938, entered into between the assessee-company and the erstwhile jind state ?'2. the learned counsel for ..... follows:'the profits and gains earned by the assessee in the calendar year 1956 were assessable to tax for the assessment year 1957-58, at the rates prescribed by the finance act, 1957, and not in accordance with clause 23 of the agreement dated 1st april, 1938, entered into between the assessee-company and the erstwhile jind state.3. thus, we answer .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1980)16CTR(P& H)38; [1980]123ITR562(P& H)
..... of the trust deed.13. the contention of shri awasthy, the learned counsel for the revenue, that the object of the finance act no. 19 of 1970, which amended theprovisions of section 13 of the act, was to tighten the rope over the neck of the trust and, therefore, the proviso he construed in favour of the ..... of trusts or institutions from contributions; whereas section 12a of the act deals with the conditions as to registration of trusts, etc. section 13 provides for exigencies when the provisions of section 11 will not be applicable. proviso to section 13(1)(b) of the act, before it was amended by section 6 of the finance act, 1970, was as follows :'13. ..... nothing contained in section 11 shall operate so as to exclude from the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)221CTR(P& H)225; [2009]309ITR194(P& H); [2009]177TAXMAN103(Punj& Har)
..... 2006]287itr91(sc) . it was submitted that opportunity had become all the more necessary in view of amendment w.e.f. 1st june, 2007 vide finance act, 2007, amending section 92ca(4) of the act to the effect that order of the tpo would be final and binding on the ao and the ao has to determine the price in ..... is that provisions of chapter x i.e. sections 92 - 92f of the act have been enacted with a view to prevent diversion of profits in intra group transactions leading to erosion of tax revenue. the said provisions have been incorporated vide finance act, 2001 and further amended vide finance act, 2002. having regard to the object for ..... provisions of chapter x, it was submitted that the provisions are clearly attracted to situations enumerated therein, namely there being international transaction as defined in section 92b of the act i.e. a transaction between two or more associated enterprises either or both of whom were nonresident in situations specified therein. the applicability of .....
Tag this Judgment!Court : Punjab and Haryana
..... with interest besides penalty of equal amount under sections 75-a,, 76, 77 and 78 of the finance act, 1994. against this order of the commissioner, the appellant-manufacturer had preferred an appeal ..... equal amount under section 11-ab of the act. in addition, in respect of amount received by the appellant for bullet proofing of vehicles, service tax, demand of rs.2,85,934/- and education cess of rs.5,719/- was also confirmed against the appellant company under sections 73(1) and 75 of the finance act, 1994 along ..... 4- in respect of excisable goods, pending appeal, is required to deposit with the adjudicating authority, the duty demanded or the penalty levied. proviso to section 35f of the act is very relevant and for ready reference is appended as below: provided that where in any particular case, the commissioner (appeals) or the appellate tribunal is .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1998]236ITR281(P& H)
..... the tax deducted by him. under the proviso, as amended by the finance act, 1966, penalty under section 221 is leviable on a defaulter, if the income tax officer is satisfied that there were no good and sufficient reasons for the failure to deduct or ..... 'existed in place of the words 'without good and sufficient reasons'. thus, under the originally enacted proviso, a penalty under section 221 could be levied on a person who had wilfully failed to deduct or to pay ..... however, the proviso of sub-section (1) barred the imposition of a penalty on a person defaulting in fulfilment of his obligation to deduct and pay the tax unless the income tax officer was satisfied that such person had failed to do so without good and sufficient reasons. prior to the amendment by the finance act, 1966, the word 'wilfully .....
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