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The Chief Commissioner Large Tax Payers Unit Vs. Tnt India Pvt. Ltd.

Court : Karnataka

..... case, it is necessary to decide as to whether any of the above provisions apply having regard to the facts of the case. the relevant portion of section 73(a) of the finance act, 1994 reads as follows:73. value of taxable services escaping assessment- if-(a) the central excise officer has reason to believe that by reason of omission ..... was justified in holding that the appeal filed by the respondent-assessee was maintainable as the communication dated 9.1.2006 was an order within the meaning of section 86 of the finance act 1994?ii) if the answer to point no. 1 is in the affirmative, whether the order of the tribunal impugned in this appeal calls for any ..... , it is submitted on behalf of the respondent that the appeal filed before the tribunal and the same was maintainable in view of the procedure envisaged under section 84 of the finance act, 1994 was not complied with by the department before passing the order dated 9.1.2006 and that the order impugned before the tribunal was in fact .....

Commissioner of Central Excise Vs. Sunitha Shetty

Court : Karnataka

Reported in : 2004(174)ELT313(Kar); 2006[3]STR404

..... of shri veerendra sharma that the tribunal has mis-directed itself by proceeding on the basis that minimum of rs. 100/- per day is not prescribed under section 76 of the finance act, 1994, and therefore the questions formulated above are required to be referred to this court for consideration. we are of the view that there is no basis ..... 84 (tribunal)] setting aside the order-in-review no. 8/2002, dated 29.1.2002/1.2.2002 wherein it was interpreted that the minimum penalty imposable under section 76 of the finance act, 1994 is rs. 100/- only and not rs. 100/- per day is maintainable in law?2. therefore, it is the contention of shri veerendra sharma, additional ..... to the facts and circumstances of the case, has exercised his discretion and levied penalty of rs. 250/ under section 76 of the finance act, 1994 for non-payment of service tax and penalty of rs. 200/- under section 77 of the finance act, 1994 for failure to furnish the st-3 returns in time in the proceedings arising in c. no. iv .....

Commissioner of Income-tax Vs. Hotel Ayodya

Court : Karnataka

Reported in : (1993)109CTR(Kar)106; [1993]201ITR1002(KAR); [1993]201ITR1002(Karn); 1993(37)KarLJ140

..... a trading concern as it is mainly intended for trading and not for production or manufacture 6. this decision is based on the definition of industrial company in section 2 (6) (d) of the finance act, 1968. 7. the madras high court also took a similar view in cit v. buhari sons pvt. ltd. [1983] 144 itr 12. the decision ..... 8. koshy's pvt. ltd. v. cit : [1985]154itr53(kar) is a decision of this court which was concerned with section 2 (8) (c) of the finance act, 1975. the phrase 'mainly engaged in' is found in all the above referred finance acts. the bench considered the scope of the terms 'processing' and 'manufacturing' and thereafter held as follows (at page 58) : ' ..... is under section 2 (7) (d) of the finance act, 1966. the bench held that the definition is always subject to the context and the expression 'manufacture' does note cannot a trading activity and an activity carried .....

Commissioner of Income-tax Vs. Bharath Earth Movers Ltd.

Court : Karnataka

Reported in : [1998]234ITR535(KAR); [1998]234ITR535(Karn)

..... from the headnote of the judgment). 3. in view of the interpretation put by the supreme court in the case supra, explanation (c) added to section 263(1) as amended by the finance act of 1989, would not make any difference in the present case as it is not clear from the statement of the case as to whether the ..... jurisdiction to revise the orders even if the order of the assessing officer had been the subject matter of an appeal. explanation (c) added to section 263(1) was further amended by the finance act of 1989, with retrospective effect which reads as follows ;'explanation.--for the removal of doubts, it is hereby declared that, for the purposes of ..... cit v. shri arbuda mills ltd. : [1998]231itr50(sc) and it was held that : '. . . the explanation to section 265(1) which was substituted by the finance act, 1988, with effect from june 1, 1988, was again amended by the finance act, 1989, with retrospective effect from june 1, 1988, to the effect that where any order referred to in the sub .....

C.P. Appanna Vs. State of Coorg and anr.

Court : Karnataka

Reported in : AIR1958Kant102; AIR1958Mys102; (1958)36MysLJ73

..... 1946 that imposed a liability upon the assessee to pay tax on this income at the rate mentioned in that act. when we turn to the finance act of 1946, sub-section (9) of section 11 makes this provision: 'for the purposes of this section and of the rates of tax imposed thereby, the expression 'total income' means total income as determined for ..... -2-1940. the assessee appealed against that assessment to the appellate commissioner. on 26-5-1940, the governor of bihar, acting under section 92(1) of the government of india act, 1935, issued a notification that the indian finance act, 1940 should be deemed to have come into force on 6-4-1940 in the area in which the assessee was residing ..... in operation, on the date of the assessment. by a further regulation which was enacted by the governor of bihar, acting under section 92(2) of the government of india act, 1935, it was provid-ed that the indian finance acts of 1938 and 1939 should be deemed to have come into force in that area on 26-3-1938 and 30 .....

Y.D. Nanje Gowda Vs. Union of India and anr.

Court : Karnataka

Reported in : ILR1985KAR955; [1985]152ITR618(KAR); [1985]152ITR618(Karn)

..... . accepting these recommendations, s. 14 of the finance act of 1974 amended the schedule to the act. the finance act of 1976 again amended the rates only retaining the clause in principle effected in the finance act of 1974. section 2 of the finance act, 1974, also made corresponding amendments in the i.t. act of 1961 (the 'i.t. act'). 16. the annual finance bill of 1973 (bill no. 5 of 1973 ..... ), which was later enacted as the finance act of 1974 introduced by the hon'ble finance minister, contained the usual statement of object and .....

K.V. Abdulla Vs. Income Tax Officer and anr.

Court : Karnataka

Reported in : [1986]161ITR589(KAR); [1986]161ITR589(Karn)

..... that there was no violation of art. 14 of the constitution. 5. the parliament enacted the finance act in the year 1976 to give effect to the financial proposals of the central government for the financial year 1976-77. section 2 of the finance art which is relevant for our purpose reads thus : '2(1) subject to the provisions ..... an assessee and agricultural income not being income forming part of the 'total income' on which no tax is payable under chapter vii, the provisions of the finance act which provides for aggregating the agricultural income with the net income of the assessee for purposes levying tax is without competence. 10. a state legislature has the ..... income can only be taxed under entry 46 in list ii of the seventh schedule, by a state parliament had no competence to enact a provision in the finance act and thus levy tax on agricultural income of an assessee. (ii) the impugned provision subjects the petitioner and other similarly placed to hostile discrimination and the same .....

Commissioner of C. Ex. Vs. Vishwanatha Karkera

Court : Karnataka

Reported in : 2009[14]STR9; [2009]21STT213

..... error in reducing the penalty from rs. 31,710/- to rs. 5,000/-.4. in this background, we have examined the provision of section 76 of the finance act, 1994.5. as per section 76(1)(b)(ii) of the finance act, 1994, the concerned officer is entitled to levy penalty a sum which is not less than rs. 100/- per day of failure but ..... 11-2005.2. we have heard the learned counsel appearing for both the parties.3. according to the learned counsel for the appellant there is no provision under the finance act, 1994 enabling the commissioner to reduce the penalty levied by the original authority. he further contended that when there is no provision under the ..... 21-1-2004 wherein, the appeal filed by the respondent viswanath karkera was allowed in part by reducing the penalty from rs. 31,710/- to rs. 5,000/- under section 76 of the act. against the same, the appellant herein had filed an appeal before the customs, excise & service tax appellate tribunal (hereinafter referred to as 'tribunal' for short). the .....

Confederation of Real Estate Developers' Association of India (Karnata ...

Court : Karnataka

..... challenging the constitutional validity of the explanations to clauses (zzq) and (zzzh) and clause (zzzzu) of sub-section 105 of section 65 of the finance act, 1994 ('the act' for short). the aforesaid provisions were inserted by the finance act, 2010 with effect from 1st july 2010. it is stated that petitioner no.1 is an association of persons ..... and 227 of the constitution of india praying to declare that the provisions of finance act, 1994 as amended by finance act, 2010 introducing an explanation to section 65(105) (zzq) and 65(105) (zzzh) and a new entry(zzzzu) in section 65 (105) of the finance act 1994 is unconstitutional void and ultra vires and etc.) (oral): in these ..... of construction is exempted from service tax vide notification dated 22.06.2010, issued by the central government in exercise of the power under section 93(1) of the finance act, 1994. be that as it may. as all the contentions fail, the writ petitions are liable to be dismissed and are accordingly dismissed. .....

Mysore Kirloskar Ltd. and ors. Vs. Union of India and ors.

Court : Karnataka

Reported in : (1986)53CTR(Kar)128; [1986]160ITR50(KAR); [1986]160ITR50(Karn)

..... contributions bona fide to those provident funds other than those recognised by clauses (iv) and (v) of sub-section (1) of section 36 of the act or funds recognised by other laws. section 43b of the act inserted by the finance act of 1984 with effect from april 1, 1984, read thus : '43b. certain deductions to be only on actual ..... banking company', 'deposit' and 'financial company' are elaborately defined in the explanation appended to the section. section 40a(9) and (10) of the act were introduced by the finance act of 1984 giving them retrospective effect from april 1, 1980. section 10 of the finance act of 1984 read thus (see [1984] 147 itr 42). '(9) no deduction shall be allowed ..... the head 'profits and gains of business or profession'. the disallowance over the limit of one lakh is uniform. section 40a(8) of the act enacted by the finance act of 1975 which also stands omitted by the finance act of 1985 from april 1, 1986, reads thus : '40a(8). where the assessee, being a company (other .....