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The Commissioner of Income Tax Vs. Ansal Properties and Ind. (Pvt.) Lt ...

Court : Delhi

Reported in : [2009]315ITR225(Delhi); [2009]178TAXMAN201(Delhi)

..... precisely, the proviso has been inserted in section 113 by which it is indicated that the finance act of the year in which the search was ..... orders as also the order passed by the tribunal and subsequently by this court on 14.3.2007 is that at the time when the commissioner issued the notice under section 263 and passed the order dated 23.3.2004, the contemporaneous understanding was that two views were possible and the question of surcharge on undisclosed income was a debatable one ..... inserted with effect from 1.6.2002 by virtue of the finance act, 1999 and there is nothing to indicate that it ..... the other point that has been decided by the tribunal is that the commissioner, income tax did not have any power under section 263 for taking action against the order of the assessing officer once the commissioner income tax (appeals) had set aside the ..... by its order 14.3.2007 held that '[w]e are of the opinion that the amendment to section 113 of the income tax act, 1961 is not retrospective in nature'. ..... the contents of the said notice clearly indicate that the commissioner income tax was aware of the fact that the section 154 order of the assessing officer had been set aside by the commissioner income tax (appeals) by his order dated 11.12.2003 on the ground that the issue ..... the supreme court has settled that issue and has held that surcharge is leviable on undisclosed income and that the amendment to section 113 of the said act by introduction of the proviso was only clarificatory in nature. .....

Commissioner of Income Tax, Central-1, New Delhi Vs. Shailendra Mahto

Court : Delhi

..... amendment vide finance act, 2002 with retrospective effect from 1 st july, 1995, read as under: section ..... which was inserted by the finance (no.2) act, 1998 with retrospective effect from 1st july, 1995 is a cause of some debate, as do the subsequent amendments by finance act, 2002 again with retrospective effect ..... amendments incorporated by the finance act, 2002 reflect the position that there was a greater clarity and understanding, regarding block assessment proceedings when the finance act ..... by retrospective amendment inserted by finance act, 2002 with effect from 1st july, 1995, any expense, deduction or disallowance claimed under the act, which was found to be false ..... this judgment does not take into consideration the retrospective amendment made by finance act 2002 w.r.e.f. ..... was after the application of the retrospective amendments with effect from 1st july, 1995 made by the finance act, 2002. ..... clause (c) of section 158bb(1) of the act as enacted was substituted by finance act, 2002 with retrospective ..... surface as his undisclosed income from the evidence found and material available at the time of the block assessment, but is now found by virtue of the enquiry made under section 143(2)(iii) of the act for regular assessment showing that the assessee had understated the income or had computed excessive loss or underpaid tax even after taking into account the fact that his undisclosed income ..... change with the enactment of section 158bfa by way of income tax (amendment) act, 1997 w.e.f. .....

Wipro Limited Vs. Union of India

Court : Delhi

..... leviable under the following enactments, namely: (a) (b) the additional duties of excise (goods of special importance) act, 1957 (58 of 1957); (c) the additional duties of excise (textiles and textile articles) act, 1978 (40 of 1978); (d) national calamity contingent duty leviable under section 136 of the finance act, 2001 (14 of 2001), as amended by section 169 of the finance act, 2003 (32 of 2003), section 3 of the finance act, 2004 (13 of 2004) and further amended by clause 123 of the finance bill, 2005, which clause has the force of law by virtue of the declaration made under ..... the provisional collection of taxes act, 1931 (16 of 1931); (e) special excise duty collected under a finance act; (f) ceac 16 2012 the central excise act, 1944 (1 of 1944); additional duty of excise as levied under section (g) education cess on excisable goods as levied under section 91 read with section 93 of the finance (no.2) act, 2004 ..... reported in 2010 (20) str 16. .....

Airport Retail Pvt. Limited Vs. Union of India and ors.

Court : Delhi

..... coram:hon ble mr justice badar durrez ahmed hon ble mr justice vibhu bakhru judgment vibhu bakhru, j1 the present writ petition has been filed by the petitioner challenging the constitutional validity of section 65(90a) read with section 65(105)(zzzz) of the finance act, 1994 as amended by the finance act, 2010 (hereinafter referred to as the act ) whereby service tax has been imposed inter alia on renting of immovable property by the delhi international airport pvt. ..... thereafter, section 65(105)(zzm) of the finance act, 1994 was amended by the finance act, 2010 with effect from 01.07.2010 and section 65(105)(zzzz) of the finance act, 1994 was also amended by the finance act, 2010 with retrospective effect from 01.06.2007. ..... the petitioner also sought to include the following additional prayer: declare that no demand for service tax can be raised on the petitioner under section 65(105)(zzm) of the finance act, 1994 as amended by the finance act 2010 and that the circular dated 01.07.2010 (annexure o) is illegal and bad in law and null and void. 3. ..... clause (zzzz) of sub-section 105 of section 65 of the act was amended by finance act, 2010 with retrospective effect from 01.06.2007 to read as under: (105) "taxable service" means any service provided or to be providedxxxx xxxx xxxx xxxx (zzzz) to any person, by any other person, by renting of immovable property or any other service in .....

The Commissioner of Income Tax (Central-ii) Vs. Goetze (India) Limited

Court : Delhi

..... clause (i) of the explanation and the proviso thereto, which was introduced by finance act, 1989 with retrospective effect from 1st april, 1988 were as under: i) the amount withdrawn from reserves (other than the reserves specified in section 80hhd) or provisions, if any such amount is credited to the profit and loss account: provided that, where this section is applicable to an assessee in any previous year (including the relevant previous year), the amount withdrawn from reserves created ..... the said explanation was amended by finance act, 2000 with effect from 1st april, 2001 to exclude reserves created on or after 1st day of april, 1997 but ending before the 1st day of april, 2001, otherwise than by debit to the profit and loss ..... 1179/2010 and 1366/2010 by order dated 16th may, 2012, the following substantial question of law was framed: whether the income tax appellate tribunal was right in setting aside the order passed by the commissioner of income tax under section 263 of the income tax act, 1961?. 2. ..... 1179/2010 and 1366/2010 these two appeals by the revenue under section 260a of the income tax act, 1961 (act, for short) relate to assessment year 200001. ..... + income tax appeal no.1979/2010 (assessment year 2001-02) the commissioner of income tax (central-ii) ..... ..... 2106/2010 and 1979/2010 34. ..... ita no.2106/2010 (assessment year 2001-02) the commissioner of income tax (central-ii) ..... ..... ita no.1366/2010 (assessment year 2000-01) the commissioner of income tax (central-ii) ..... .....

Bhagwan Dass Khanna Enterprises Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2001)78ITD151(Delhi)

..... with a view to securing the benefit under section 80hhd for all the segments of the tourism industry, section 80hhd was amended by the finance act, 1991, w.e.f.1-4-1992, by inserting, inter alia.explanation to sub-section (2) and sub-section (2a), which read as under:-- "explanation. ..... let us now analyze the nature of the amendments made in section 80hhd by the finance act, 1991 in the light of the legal propositions set out in para 6 above. ..... not concerned with the question whether this provision is retrospective or not.9.1 on a careful consideration of the facts and circumstances of the case in its entirety and in view of the foregoing discussion we hold that the above referred amendments made by the finance act, 1992 by introducing explanation to section 80hhd(2) and sub-section (2a) are retrospective in nature. ..... " if the amendment in section 80hhd, introduced by the finance act, 1991 is considered in the light of the above propositions, it would emerge that the same having been introduced to remedy unintended consequences, has to be given a retrospective effect.9. ..... who receives the foreign exchange is not entitled to claim relief in relation to the whole of the amount, because the relief is admissible only on services being rendered by it.in any case, on realising a lacuna in law, the provisions were amended by the finance act, 1994, w.e.f. ..... counsel reiterated that the explanation to section 80hhd(2), although inserted by the finance act, 1991, w.e.f. .....

Wealth-tax Officer Vs. Priya Holding (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1989)29ITD641(Delhi)

..... the contention that since the industrial plot was purchased by the company in public auction from delhi development authority in november 1983 and the building after construction was used for industrial purposes clause (vi) of section 40(3) of the finance act, 1983 came to the assessee's rescue and the value of the plot and the factory building under construction was, therefore, not taxable.4. ..... sub-section (1) of section 40 of the said finance act, 1983 provided that notwithstanding anything contained in section 13 of the finance act, 1960 relating to exemption of companies from levy of wealth-tax under the wealth-tax act, 1957 (hereinafter referred as 'the act') wealth-tax shall be charged for every assessment year commencing on and from the first day of april, 1984 in respect of the net wealth on the corresponding valuation date, not being a company in which the public are substantially interested.sub-section (2) lays ..... down that for the purpose of sub-section (1), the .....

Collector of Central Excise Vs. Indian Petrochemicals

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1991)(31)ECC326

..... item 7, cet, relating to 'kerosene', as it stood prior, and subsequent, to the finance act, 1982, read as follows :- "kerosene, that is to say, any mineral oil (excluding mineral colza oil and turpentine substitute) which has a flame height of eighteen millimetres or more and is ordinarily used as an illuminant in oil burning ..... be seen from the test results on hnps that the product conforms to the specifications laid down in item 7, cet, as it stood after the finance act, 1982, as regards smoke point and final boiling point. ..... were also asked to show cause why reclassification should not be given effect to from 28-2-1982 and why the amount of duty short levied should not be recovered from them under section 11a of the central excises & salt act, 1944. ..... classification list was filed persuant to the changes made in the tariff nomenclature by the amendments brought about by the finance bill of 1982. ..... (iv) in section 14 of the central sales tax act spelt out all the various categories of goods covered by ..... iyer) the question was whether jeera (cumin seed), dhania (coriander seed), panmohuri (ani seed), methi (fenugreek), postak (papavar rhoeas) and pippali (long paper) are oil seeds within the meaning of section 14 of the central sales tax act, 1956. ..... section 14(vi) defined oil seeds thus :- "oil seeds, that is to say, seeds yielding non-volatile oils used for human consumption, or in industry, or in the manufacture of varnishes, soaps and like, or in lubrication, and volatile oils used .....

Madras Refineries Ltd. Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1985)(5)LC1943Tri(Delhi)

..... one warehouse to another, or during the course of processing of the goods in a warehouse or in storage, whether in a factory or in a warehouse;" "(1a) every appeal against any order of the nature referred to in the first proviso to sub-section (1), which is pending immediately before the commencement of section 47 of the, finance act, 1984, before the appellate tribunal and any matter arising out of, or connected with, such appeal and which is so pending shall stand transferred on such commencement to the central government, and the ..... section 35-p itself was not amended by the finance act, 1984, with the result that proceedings transferred pursuant thereto are not touched by it, regardless of whether they were proceedings initiated to revise the orders of the appellate collector even in the classes of cases adverted to in the amendments made to section 35(b).9. ..... in the result, we hold that the tribunal continues to have the requisite jurisdiction in the matters transferred to the tribunal to be heard as if they were appeals in terms of section 35p even in those classes of cases where the jurisdiction of the tribunal was excluded pursuant to the amendments made in section 35b by the finance act, 1984.10. ..... but then section 35b was amended by the finance act, 1984. .....

S.V. Electricals Limited Vs. Commissioner of Central Excise,

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2002)LC325Tri(Delhi)

..... finance act, 2000 amended the sections retrospectively and therefore, those demands which were dropped consequent to the decision of the apex court in the case of laghu udyog bharati, ..... the various sections of the finance act, 2000 and the retrospective amendments.7. ..... the contention of the appellants was that clauses 112, 113 of the finance bill, 2000 and sections 116 & 117 of the finance act, 2000 do not authorise the commissioner to demand the amount of service tax from the persons who had failed to pay it in terms of dropping of ..... on perusal of section 84 of the finance act, 1994, we note that this section does not empower the commissioner to review the orders passed by the authorities below under him and issue directions to them ..... case, we note that service tax was imposed under finance act, 1994 on certain services. ..... exercise of the powers under sub-section (2) of section 35e of the central excise act, 1944 reviewed the order passed by the lower authorities directing them to file appeals under sub-section (3) of section 35e of the central excise act. ..... whether the commissioner, central excise can exercise a power vested in him under sub-section (3) of section 35e to review orders and direct filing of appeals.3. ..... it was also contended by them that as per sections 83 & 84 of this service tax, the commissioner had no jurisdiction to review the orders passed by the authorities below and therefore, the appeals filed pursuant to such directions were not maintainable as they were .....