Judgment Search Results Home > Cases Phrase: finance act 2012 central chapter iii direct taxes Sorted by: old Court: kolkata Page 1 of about 232 results (0.118 seconds)

Sicpa India Pvt. Ltd. Vs. Union of India

Court : Kolkata

..... the commissioner before the cestat by way of an appeal. the petitioner also filed an application under section 35f of the central excise act, 1944 as applicable to service tax under section 83 of chapter v of the finance act, 1994 for stay of operation of the commissioner s order and for waiver of the pre-deposit of service tax amounting ..... to rs.1,94,44,470/- as also waiver of pre-deposit of interest and penalty. (4) the tribunal by its order dated 29th november, 2012 which is impugned in this ..... , adv.heard on : 9th april, 2015 judgment on : 9th april, 2015 arijit banerjee, j.(1) in the present writ application the petitioner challenges the order dated 29th november, 2012 passed by the customs.excise and service tax appellate tribunal (cestat).calcutta in appeal no.st/a/224/2010 which was filed by the petitioner against the order dated 26th .....

Deputy Director of Tax Credit Vs. National Company Ltd.

Court : Kolkata

Reported in : 76CWN1,[1972]86ITR219(Cal)

..... in this appeal it is necessary to refer to the relevant provisions of the act and also the scheme framed by the central government thereunder. the finance act, 1965, introduced chapter xxiib comprising sections 280y to 280ze of the income-tax act, 1961. the purpose of amendment of the income-tax act by introducing this chapter was to give credit to certain classes of assessees including ..... date, the goods and merchandise to be exported, the countries of export, etc., the central government had the authority to issue the impugned notification withholding the benefit of tax credit certificate. it was argued that the statute itself had retrospective operation because chapter xxiib was introduced by the finance act, 1965, in may, 1965, allowing tax credit and export made on and from .....

Tarak Nath Sen and ors. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : AIR1975Cal337

..... of a proceeding without involving any judicial determination. the para. 15, chap. iii of the adjudication manual, 2nd edition, govt. of india, ministry of finance. central board of excise and customs, 1970 specifies the authority to issue show cause notices. the same contains observations that there was no legal objection to the issue ..... was lawfully initiated. the learned advocate for the petitioners also made a grievance that the additional collector of customs by passing the ex parte order had acted in violation of the principles of natural justice. after the petitioners showed cause to the additional collector of customs they had prayed for adjournment of ..... to accept the second submission of the learned advocate for the petitioners that the impugned adjudication proceeding was in contravention of section 122 of the customs act, 1962. section 122 provides that a collector of customs or a deputy collector of customs would be competent to adjudicate upon the confiscations and penalties .....

Shethia Mining and Manufacturing Corporation Ltd. Vs. Commercial Tax O ...

Court : Kolkata

Reported in : [1977]39STC246(Cal)

..... in this application the petitioner is challenging an order of assessment dated 16th january, 1974, under section 9(2) of the central sales tax act, 1956, read with section 11(1) of the bengal finance (sales tax) act, 1941.2. the period relevant for the said assessment was 1st april, 1972, to 30th january, 1973.3. it ..... on 16th january, 1974. there was a fresh certificate of incorporation in favour of coal india limited on 21st october, 1975. section 17 of the bengal finance (sales tax) act, 1941, provides as follows :17. transfer of business. where the ownership of the business of a registered dealer is transferred absolutely by sale, gift, bequest ..... fresh assessment in accordance with law after giving the petitioner reasonable opportunity. if necessary, the respondent-authority will ensure compliance under section 21a of the bengal finance (sales tax) act, 1941, of such papers and documents that may be in the possession of the coal mines authority.15. with the aforesaid direction the rule is .....

India Jute Co. Ltd. Vs. Assistant Collector of Central Excise and ors.

Court : Kolkata

Reported in : 1988(34)ELT452(Cal)

..... traders also accepted the said position. because of the advancement and popularity of large varieties of blended yarn of different compositions the central government by the finance bill, 1972 which became the finance act, 1972 inserted residuary item 18e in the first schedule which covered yarn not elsewhere specified in or in relation to manufacture of ..... in such manufactured products. in the absence of identifiable standards it is difficult to bring the said products under 18a. in view of these difficulties the finance act of 1972 introduced in clear, unambiguous, unequivocal language 18e which covers goods which are produced by the mixture of two or more fabrics man-made and ..... manufactured by the petitioner then it would not have been necessary for the legislature to introduce a change in the year 1972 by inserting 18e by the finance act which envisaged yarn, all sorts, not elsewhere specified, in or in relation to the manufacture of which any process is ordinarily carried on with the .....

The India Jute Co. Ltd. Vs. the Assistant Collector, Central Excise an ...

Court : Kolkata

Reported in : 1981LC545D(Calcutta)

..... traders also accepted the said position. because of the advancement and popularity of large varieties of blended yarn of different compositions the central government by the finance bill 1972 which became the finance act. 1972, inserted residuary item 18e in the first schedule, which covered yarn not elsewhere specified in or relation to manufacture of ..... in such manufactured products. in the absence of identifiable standards it is difficult to bring the said products under 18a. in view of these difficulties the finance act of 1972 introduced in clear, unambiguous, unequivocal language 18e which covers goods which are produced by the mixture of two or more fabrics man made and ..... manufactured by the petitioner then it would not have been necessary for the legislature to introduce a change in the year 1972 by inserting 18e by the finance act which envisaged yarn, all sorts, not elsewhere specified, in or relation to the manufacture of which any process is ordinarily carried out with the aid .....

JaIn Exporters Pvt. Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : 1989(22)ECC100,1989(25)LC549(Calcutta),1988(35)ELT322(Cal)

..... such deductions in some others, although the circumstances appertaining to both the categories, were exactly similar. in. the matter of operation of the bengal finance (sales tax) act, the board of revenue is, ordinarily, the highest authority and decisions of that tribunal are binding on the taxing authorities. it is only just and ..... sought to be amended by inserting 'after the existing description' the following shall be added 'including portable generators', the said appellate authority, viz., member, central board of excise & customs, new delhi, further observed that it was not for the board to go into the dubious intention behind the issue of the ..... generators' by the export house under their additional licence.40. in this context, the petitioners are supported by the decision of the appellate authority, viz., the members, central board of excise and customs, new delhi, dated june 15, 1982, referred to hereinabove, where by the appellate authority, in dealing with 'identical item' i.e .....

Black Diamond Beverages Ltd. Vs. Union of India (Uoi)

Court : Kolkata

Reported in : 1988(18)ECC16,1988(18)LC556(Calcutta),1988(36)ELT225(Cal)

..... make-all excisable goods subject to duty at the rate set forth in the schedule to the central excise tariff act, 1985 (act no. 5 of 1986). under and in terms of central excise tariff act, 1985). under and in terms of central excise tariff act, 1985 the goods produced by the petitioner no. 1 were being classifiable under chapter no. 22 ..... not heard before the said scheme was withdrawn.11. mr. bhaskar masoodkar, senior advocate appearing on behalf of the petitioners submitted that the prime minister and the finance minister in his said budget speech made a composite promise to the industry in the parliament and that on the basis of such a composite promise and assurance ..... at the rate of rs. 12/-. it was suggested by mr. masoodkar that the prime minister and the finance minister's speech in the parliament had created an estoppel on the part of the central government under which central government cannot be allowed to withdraw the said concession under the modvat scheme. it is submitted by mr. .....

Som Datt Builders (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1989)29ITD495(Kol.)

..... and the rules made thereunder.15. section 80ab was introduced in 1980 with effect from 1-4-1981 by the finance (no. 2) act, 1980. the purpose and objects of this section are fully explained by the central board of direct taxes in paragraph 15 of its circular no. 281, dated 22-9-1980. it is pointed out that both ..... -3-1988 and 5-7-1988 appearing at pages 105 and 104 respectively of paper book no. 1. these are letters of the ministry of finance, department of revenue not accepting audit objections. the central board of direct taxes made it clear to the joint director (ra), office of the c & ag of india that section 80hhb speaks of ..... the ito fully applied his mind and took into consideration all necessary statements, details and particulars furnished by the appellant-company to him. he has reiterated that even the central board of direct taxes in its two letters clearly agreed that the ito had properly granted the reliefs in the appellant-company's case. he has distinguished the judgment .....

Bengal Cardboard Ind. and Printers (P) Ltd. Vs. Asstt. Collr. of C. Ex ...

Court : Kolkata

Reported in : 1992(62)ELT684(Cal)

..... duty is leviable on the said printed cartons manufactured by the petitioner at the rate provided under heading 4818.13 of the first schedule to the central excise tariff act, 1985. by the finance act, 1986 the scheme of credit for inputs used for the manufacture of excisable goods were introduced which was known as modified value added tax (referred to as ..... who intends to opt in the said scheme, can not be allowed to be opted out within the financial year was ultra vires the provision of central excises & salt act, 1944 and/or the central excise rules, 1944 and of the constitution of india.5. it is stated that the petitioner voluntarily opted under modvat scheme on and from 1st april ..... , 1987 whereby the petitioner was directed to show cause why the amount of rs. 2,90,829.39 should not be realised under section 11a of the central excises & salt act. in the said show cause notice it was alleged that the petitioner can not avail of the benefit under mod vat scheme and also at the same time .....