Judgment Search Results Home > Cases Phrase: finance act 2012 central section 69 amendment of section 193 Court: andhra pradesh Page 1 of about 139 results (0.124 seconds)

G. Lakshmi Narayana Vs. Income-tax Officer

Court : Andhra Pradesh

Reported in : (1988)72CTR(AP)160; [1989]175ITR593(AP)

..... by section 1(2) of the finance (no.2) act of 1980, sub-section (9) is introduced from april 1, 1980, and view of section 4 of the act will apply to the assessment years commencing after april 1, ..... prayer in these writ petitions is for a declaration that the amendment inserting sub-section (9) to section 171 of the income-tax act, 1961, by the finance (no. ..... ; (c) each member or group of members of such family immediately before such partial partition and the family shall be jointly and severally liable for any tax, penalty, interest, fine or other sum payable under this act by the family in respect of any period, whether before or after such partial partition; (d) the several liability of any member or group of members aforesaid shall e computed according to the portion of the joint family property allotted to ..... its preamble says that it is an act to give effect t the financial proposals of the central government for the financial year 1980-81 ..... (1) where any central act enacts that income-tax shall be charged for any assessment year at any rates, income-tax at that rate or those rates shall be charged for that year in accordance with, and subject to the provisions of, this act in respect of the total income of the previous year or previous years, as the case may be, of every person : provided that where by virtue of any provision of this act income-tax is to be charged in respect of the income of a period ..... 2) act, 1980, was passed, the central board of direct taxes issued circular .....

Assistant Collector of Central Excise, Rajahmundry and anr. Vs. Andra ...

Court : Andhra Pradesh

Reported in : 1988(15)ECC120; 1987(32)ELT684(AP)

..... raises a short question : whether in determining the value in relation to excisable goods under section 4(4)(d)(ii) of the central excises and salt act, 1944 (`the act,' for short), the gross amount of excise duty payable has to be excluded from the normal price or only the net amount of excise duty which is actually paid shall be excluded. ..... learned counsel for the assessee fairly conceded that because of the above explanation inserted by the finance act of 1982 with retrospective effect from 1- 10-1975 the assessee's contention is no longer tenable. ..... learned counsel for the petitioners contended that in view of the statutory position obtaining prior to the introduction of the above explanation through the finance act of 1982, the petitioners did not file appeals against the determination of the value by the authorities. ..... 198/1976, dated 16-6-1976, which was later amended under notification no.216/1976, dated 24-7-1976, the excise duty payable by manufacturers of paper is reduced by 25% on clearances of their manufacture which are in excess of the clearances in the 'base period', subject to the prescribed conditions. ..... after the amendment from 1-10-1975 sub-clause (ii) will have to be read along with the explanation and if so read there can be little doubt that what can be deducted from the com-duty price is the actual amount of excise .....

Nava Bharat Enterprises (P) Ltd. Vs. Commissioner of Income-tax, Andhr ...

Court : Andhra Pradesh

Reported in : [1983]143ITR805(AP)

..... 1,69,280 for the assessment year 1969-70 under section 37(1) of the income-tax act, 1961, holding that the said amounts constituted entertainment expenditure not allowable in terms of section 37(2a) of the act (3) whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the assessee was not an industrial company for the assessment year 1969-70 within the meaning of section 2(6)(c) of the finance act, 1969, and as such not entitled to the benefit ..... 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 engaged in the business of generation or distribution of electricity or any other form of power or in the construction of ships ..... they are : '(1) whether, on the facts and in the circumstances of the case, the tribunal was right in disallowing the assessee's claim for deduction of guest house expenses in terms of section 37(3) of the income-tax act, 1961, and rule 6c(3) of the income-tax rules, 1962, for the assessment years 1968-69 and 1969-70 (2) whether, on the facts and in the circumstances of the case, the tribunal was right in ..... are of the opinion that the construction placed by the central board of direct taxes upon the definition represents the correct ..... parvatha rao is based upon a circular of the central board of direct taxes which is found printed .....

M/S.Ventrapathi Financial Serv Vs. The Superintendent ofcentral Excis ...

Court : Andhra Pradesh

..... for the purpose of clarity, section 37(c) of the central excise act, 1994 as well as section 83 of the finance act may be noticed as under: section 37(c):- service of decisions, orders.summons ..... challa kodanda ram) this writ petition is filed seeking to set aside the adjudication order dated 30.05.2014 passed by the 3rd respondent-joint commissioner under the provisions of central excise act as adopted for the purpose of collection of service tax notified under the finance act, 2013 on the ground that notice preceding passing of final order was not served on the petitioner thereby the petitioner was deprived of an opportunity to put forth their ..... of service of notice and passing orders as enumerated in the central excise act, 1944 has been made part of the service tax by virtue of section 83 of the finance act. ..... of the case are that the petitioner-firm is a service provider and the address provided by them to the department is door no.46-16-14/2, panduranga street, danavaipeta, rajahmundry which is mentioned in form st-2, certificate of registration granted under section 69 of the finance act, 1994. ..... section 83:- application of certain provisions of act 1 of 1944: the provisions of the following sections of the central excise act, 1944 (1 of 1944).as in force from time to time, shall apply, so far as may be, in relation to service tax as they apply in relation to a duty of excise:- [9a, 9aa, 9b, 9c, 9d, 9e, 11b, 11bb, 11c, 12, 12a, 12b, 12c, 12d, 12e, 14, 15, [31, 32, 32a to .....

Nava Bharat Enterprises (P.) Ltd. Vs. Commissioner of Income-tax, A.P.

Court : Andhra Pradesh

Reported in : (1983)34CTR(AP)92; [1983]143ITR804(AP)

..... 1,69,280 for the assessment year 1969-70 under section 37(1) of the income-tax act, 1961, holding that the said amounts constituted entertainment expenditure not allowable in terms of section 37(2a) of the act (3) whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the assessee was not an industrial company for the assessment year 1969-70 within the meaning of section 2(6)(c) of the finance act, 1969, and as such not entitled to the benefit of ..... . 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 engaged in the business of generation or distribution of electricity or any other form of power or in the construction of ..... they are :'(1) whether, on the facts and in the circumstances of the case, the tribunal was right in disallowing the assessees claim for deduction of guest house expenses in terms of section 37(3) of the income-tax act, 1961, and rule 6c(3) of the income-tax rules, 1962, for the assessment years 1968-69 and 1969-70 (2) whether, on the facts and in the circumstances of the case, the tribunal was right in not ..... 'we are of the opinion that the construction placed by the central board of direct taxes upon the definition represents the ..... parvatha rao is based upon a circular of the central board of direct taxes which is found printed .....

K. Venkata Reddy Vs. Commissioner of Income Tax, A.P.ii, Hyd. and Anot ...

Court : Andhra Pradesh

Reported in : 2001(4)ALD51; 2001(4)ALT160

..... therefore, it would be appropriate to look into the exact provision, which contemplates the payment of the tax, after receiving the intimation.section 90 of the finance act provides for determination and payment of the tax in pursuance of the declaration filed under section 88 of the finance act, which reads as under:90. ..... it was held by the gujarat high court that the language of section 67(1) of the finance act is very clear that the declarant has to make payment of tax within three months from the date of filing of the declaration and the department could not insist that the period should be counted in days ..... the said declaration was for the assessment years 1993-94 and 1994-95, showing the tax arrears at rs.74,390/- and rs.1,14,598/- respectively, a certificate of intimation in form 2-a under section 90(1) of the finance (no.2) act, 1998 was issued to the petitioner. ..... under the direct tax enactment or indirect tax enactment under which the proceedings against the declarant are or were pending shall be deemed to have been revived; provided further that the designated authority may amend the certificate for reasons to be recorded in writing. ..... thereafter, the petitioner filed an application under section 119(2)(b) of the income tax act, 1961 to the central board of direct taxes for condoning the delay of one day in payment of the tax relatable to the income voluntarily disclosed. ..... , rules 80 and 81 of central treasury rules, in order to consider the rival contentions:'80. .....

i. T. C. Classic Finance and Services Vs. Commissioner of Commercial T ...

Court : Andhra Pradesh

Reported in : 1995(1)ALT563

..... 1,23,48,118 and in respect of the entire turnover, the assessee claimed exemption on the ground that the same was not exigible to tax under section 5-e of the act since such an assessment would be violative of the provisions of article 286 of the constitution of india read with section 4 of the central sales tax act and section 38 of the act relying upon the ruling of the supreme court in builders association of india v. ..... in view of the amendment to the expression 'sale' by act 18 of 1985 consequent upon the constitution (forty-sixth amendment) act, the words 'sale' or 'purchase' of goods occurring in section 5 of the act, which speaks of levy of a tax on sale or purchase of goods, must be understood with reference to the amended definition of sale as contained in explanation iv to section 2(n) of the act. ..... the expression 'sale', which was considered by the bombay high court in 20th century finance corporation limited [1989] 75 stc 217 and section 2(n) of the apgst act and pleaded that the assessment order was passed by the commercial tax officer without any investigation into the full facts of the case, without correctly understanding and applying the relevant case law ..... the decision of the bombay high court in 20th century finance corporation limited [1989] 75 stc 217 proceeds on the footing that a transfer of the right to use is different from sale without considering, the fiction introduced by clause (29a) of article 366 of the constitution. 38. .....

State of Andhra Pradesh Vs. Feno Plast Private Limited

Court : Andhra Pradesh

Reported in : [1995]97STC316(AP)

..... that definition was amended by finance act, 1969. ..... the state shall not exceed four per cent of the sale or purchase price thereof and such tax shall not be levied at more than one stage and that the state act should be in conformity with the cst act; section 6 of the apgst act provides that sale or purchase of declared goods by a dealer shall be liable to tax at the rate and only at the point of sale or purchase specified against each in the third schedule of the apgst ..... after section 2(c) of the additional duties of excise act was deleted and schedule i of the central excises and salt act was replaced by the schedule appended to the central excise tariff act, 1985, the explanation requires necessary amendments to make the definition of terms and the expressions used in items 5, 6 and 7 explicit, meaningful and intelligible. ..... has legislative competence under the constitution to levy sales tax on the said declared goods and any understanding reached between the state government and the central government would not preclude the state legislature from discharging its constitutional functions of enacting laws or amending the schedules and contends that the explanation appended to the fourth schedule states that the expression 'cotton fabrics' shall have the same meaning assigned ..... cloth though the definition of that expression as amended by the finance act, 1969, was wide enough to include the p.v.c. .....

Jay Engineering Works Ltd. Vs. Government of India, Ministry of Financ ...

Court : Andhra Pradesh

Reported in : 1979(4)ELT307(AP)

..... . though the finance act, 1951 became law on 28-4-1951, yet by virtue of section 6(2) the rates introduced by the act were deemed to have come into effect ..... not make any specific provision' for the collection of any duty, or of any deficiency in duty if the duty has for any reason been short-levied, or of any other sum of any kind payable to he central government under the act or these rules, such duty, deficiency in duty or sum shall, on a written demand made by the proper officer, be paid to such person and at such time and place, as the proper officer may specify ..... for such material or component parts under the same item or sub-item as the finished excisable goods, or(b) remission or adjustment of duty paid for such material or component parts has been specifically sanctioned by the central government:provided further that if the duty paid on such material or component parts (of which credit has been allowed under this sub-rule) be varied subsequently due to any reason, resulting in payment of refund to, ..... conditions mentioned in sub-rule (3) and such other conditions as may from time to time be prescribed by the central government, permit a manufacturer of any excisable goods specified under sub-rule (1) to receive material or component parts or finished product (like asbestos cement), on which the duty of excise or the additional duty under section 2a of the indian tariff act, 1934 (32 of 1934) (hereinafter referred to as 'the countervailing duty') has been paid, in his factory .....

Shankarlal Vs. Income-tax Officer and ors.

Court : Andhra Pradesh

Reported in : (1998)144CTR(AP)424; [1998]230ITR536(AP); [1998]99TAXMAN500(AP)

..... date of commencement of this scheme; (c) which has escaped assessment by reason of the omission or failure on the part of such person to make a return under the it act or to disclose fully and truly all material facts necessary for his assessment or otherwise, then, notwithstanding anything contained in the it act or in any finance act, income-tax shall be charged in respect of the income so declared (such income being hereinafter referred to as the voluntarily disclosed income) at the rates specified hereunder ..... even though the validity of the section of the finance act has been questioned, and the 4th respondent, the union of india represented by its secretary, ministry of finance, is the proper person to defend the case, no counter-affidavit has been filed by the 4th ..... we are, however, constrained to remark that if the revenue envisaged such difficulties in giving effect to the provisions of the scheme, the central government could have removed them by a proper notification or even by prompt attention to this case and clarifying the stand by filing a counter- ..... the cbdt was constituted by the central board of revenue act, 1963 and the functions entrusted to it are such as are given under the various taxing ..... provides that the central government may remove difficulties in giving effect to the provisions of the scheme and this function cannot be delegated to the cbdt under that section. ..... the central government has power to remove difficulties and the board has the power to make .....