Judgment Search Results Home > Cases Phrase: finance act 2012 central section 69 amendment of section 193 Page 12 of about 9,101 results (0.299 seconds)

Raymond Limited Vs. The Commissioner, Central Excise and Customs, Nash ...

Court : Mumbai

..... while making the cenvat credit rules, 2001, the central government, consciously provided in rule 3(6)(b) that the credit of additional duties paid under aed (tanda) act, aed (gosi) act, the national calamity contingent duty paid under section 136 of the finance act and additional duty paid under the customs tariff act, the utilisation thereof towards payment of duty on the final product under the above referred acts respectively and cross-utilisation was not permissible. ..... (i) , (ii) and (iii) above, shall be utilized only towards payment of duty of excise leviable under the said additional duties of excise (textiles and textile articles) act, or under the said additional duties of excise (goods of special importance) act, or the national calamity contingent duty under the said section 136 of the finance act, 2001(14 of 2001) respectively, on any final products manufactured by the manufacturer or for payment of such duty on inputs themselves if such inputs are removed as such ..... (nt) dated 31st march, 2000, the government of india amended the central excise rules, 1944 by substituting the existing rule 57-a to 57-v by rules 57-aa to 57-ak. 13. ..... by its order dated 29th march, 2012, this court disposed of the above central excise appeal and other connected appeal as under:- 1.the above appeals were admitted on 10th july, 2008. .....

Straw Products Ltd. Vs. Income-tax Officer, Bhopal and ors.

Court : Supreme Court of India

Reported in : AIR1968SC579; 1968(16)BLJR254; [1968]68ITR227(SC); [1968]2SCR1

..... is construed to invest a power authorising the central government to make orders amending or altering the income-tax act, it is void, for it amounts to excessive delegation of legislative power; (4) that after the repeal of the income-tax act, 1922, by the income-tax act 43 of 1961, the power to remove difficulties arising in the application of the former act can be exercised only under sub-s. (2) ..... observed : 'the language of the section clearly shows that it is for the central government to decide, as a pure act of administration, whether an obstacle or impediment exists in giving effect to the provisions of the act, rule or order referred to in ..... 10 of the income-tax act to an assessee in a part b state there was an initial difficulty, because the laws in force in the part b states were repealed not by the indian income-tax act, but by the finance act 1950, and to remove that difficulty the taxation laws (part b states) (removal of difficulties) order, 1950 ..... section 6 provided : 'if any difficulty arises in giving effect to the provisions of any act, rule or order extended by section 3 to the merged states, the central government may, by order, make such provisions or give such directions as appear to it to be necessary for removal of ..... 327 : 'furthermore, the true scope and effect of section 12 seems to be that it is for the central government to determine if any difficulty has arisen and then to make such order, or give such direction, as appears to it to be necessary to .....

V.N. Swaminathan Vs. Commissioner of Income-tax, Tamil Nadu-iii

Court : Chennai

Reported in : [1984]150ITR375(Mad)

..... act, 1961, for any assessment year, then, notwithstanding anything contained in the indian i.t.act, 1922, or the i.t.act, 1961, or in any finance act, the income-tax shall be charged in respect of the income so declared voluntarily at the rage or rates specified in the schedule, section 5 provides for the payment of income-tax and for investment in notified securities. ..... 75,000 which he has paid on march 28, 1977; and (iii) in any event, the press note issued by the central board of direct taxes on august 22, 1977, clearly indicates that persons like the petitioner who has paid the entire wealth-tax before march 31, 1977 are not under any liability to pay interest and that the amended provision will apply only to the persons who have not paid the wealth-tax due ..... , 1976 (central act 8 of 1976) section 3 of that act provides that where any person makes on or after the date of commencement of that act but before january 1, 1976, a declaration in accordance with the provisions of s. ..... 5(2) of the act and that though there was no provision for charging interest under the provisions of the principal act, yet in view of the amendment brought in by finance (no. ..... counsel for the petitioner submits before us that the petitioner is keen in getting immunity and, therefore, he cannot ignore the demand, once if is found that the demand for payment of interest is in accordance with the provisions of central act 8 of 1976 as amended. 9. .....

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 .....

Commissioner of Service Tax, Service Tax Vs. M/S. Scott Wilson Kirkpat ...

Court : Karnataka

..... the reasons which led us to give a comprehensive meaning to the word assessment in section 13(i) of the finance act, 1950, operate equally with regard to the saving provisions under present consideration. 18. ..... means whether any service are excisable goods and whether the rate of duty of excise on any service is nil, whether the said service are or are not covered under a particular notification or order issued by the central government or the board, as the case may be, granting total or partial exemption form duty and whether the value of any service for the purpose of assessment of duty of excise shall be enhanced, or reduced by addition or reduction of the ..... notwithstanding the same, in order to understand the meaning assigned to the word rate of duty by the parliament as per the aforesaid intended amendment, the same could be looked into in order to appreciate the phrase rate of duty used in sections 35g and 35l of the act which reads as under:- explanation: for the purposes of this sub-section, the determination of a rate of duty in relation to any goods or valuation of any goods for the purposes of assessment of duty includes the ..... in order to understand the word rate of duty and the dispute relating to that, it is useful to refer to the meaning assigned to the said word by the parliament by way of an explanation to sub-section (5) of section 35g by amendment act 29/1988. ..... the said amendment was intended to be brought into force from the date to be notified .....

Krishna Lifestyle Technologies Ltd. Vs. Union of India (Uoi) Through t ...

Court : Mumbai

Reported in : (2008)110BOMLR456; 2008BusLR314(Bom); 2008(125)ECC208; 2008(151)LC208(Bombay); 2008(229)ELT173(Bom); 2009[16]STR669

..... government:- in respect of duty and any other sums of any kind payable to the central government under any of the provisions of this act or of the rules made thereunder, including the amount required to be paid to the credit of the central government under section 11d the officer empowered by the central board of excise and customs constituted under the central boards of revenue act, 1963(54 of 1963) to levy such duty or require the payment of such sums ..... anything attached to the earth and this has to be ascertained from the facts and circumstances of each case.yet another aspect which we have to consider is the effect of section 35 of the sarfaesi act which reads as under:the provisions of this act shall have effect, notwithstanding anything inconsistent therewith contained in any of the law for the time being in force or any instrument having effect by virtue of any such law.there ..... the section before the insertion of the proviso by the finance act, 2004, only permitted an officer empowered, to recover any sums payable by attachment and sale of excisable goods belonging to such person and if the amount payable could not be recovered ..... to reproduce section 11 along with the proviso which was inserted by the finance act no. ..... by virtue of the proviso introduced by the finance act, 2004, power was conferred on the revenue authorities to recover the dues by sale of the exciseable goods, material, preparations, plant, machineries, vessels, utensils, implants and articles in custody of .....

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 .....

J.K. Cotton Spinning and Weaving Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1989)(23)LC385Tri(Delhi)

..... court ruled was that section si of the finance act in so far as it gives retrospective effect to the amendments to rules 9 and 49, is subject to the provisions of section 11a of the central excises act [we may note at this stage that while the show cause notice of 5.6.1982 was made in terms of section 51(2)(d) of the finance act, 1982, the 4.5.1981 notices were in terms of section 11a of the central excises act. ..... in its judgment dated 11.1.1983 (1983 elt 239)=- 1983 ecr 117d against which the civil appeal was filed and the stay order was sought and obtained, held that though section 51 of the finance act, 1982 and rules 9 and 49 of the central excise rules, as amended were valid, the retrospective effect given by section 51 will be subject to the provisions of section il-a (which provides for limitation for issuing the show cause notice) of ..... this is for the reason that those notices were not notices in terms of section 51(2)(d) of the finance act, 1982 but in terms of section 11a of the central excises act and had been made for duty which was payable in law (even prior to the amendment) as held by the karnataka high court in the davangere cotton mills case (supra) 1986 (7) ecr 137 and ..... the court further held that section 51 of the finance act, 1982, (which legislated the retrospective amendment) was subject to the provisions of section ha of the central excises and salt act (hereinafter referred to as the central excises act) which dealt with limitation in respect of demands .....

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2007)288ITR226(Hyd.)

..... law is that the law to be applied is that which is in force in the assessment year, unless otherwise provided expressly or by necessary intendment.12.34 a reading of the note to clauses or the amendment to section 113 in the finance act, 2002, extracted above, does not give any indication that the legislation was introduced to explain an earlier finance act or clarify the real intention of the legislature or that the proviso was inserted to supply an obvious omission or to clear up doubts as to the levy of surcharge in question. ..... of deduction of tax under sections 193,194, 194a, 194b, 194bb, and 194d 194d and 195, the rate or rates of income-tax specified in this behalf in the finance act of the relevant year; (iii) for the purposes of deduction of tax under section 195, the rate of rates income-tax specified in this behalf in the finance act of the relevant year or the rate or rates of income-tax specified in an agreement entered into by the central government under section 90, whichever is applicable by ..... there is no distinct and independent charge whereby surcharge can be said to have been levied on undisclosed income determined for a block period under chapter xivb.12.72 even otherwise, we find that the finance act(s), prior to amendment in section 113 of the act, did not satisfy the four components which enter into the concept of tax and some of these components are not clearly and definitely ascertainable, in order to be treated as an independent and distinct levy/charge .....

Vijay Madanlal Choudhary Vs. Union Of India

Court : Supreme Court of India

..... the original provision prior to amendment vide finance act, 2015 and finance (no.2) act, 2019, took within its sweep any property (mentioned in section 2(1)(v) of the act) derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence (mentioned in section 2(1)(y) read with schedule to the act) or the value of any such property. ..... therefore, on a similar line, it is argued that mere concealment or use or possession of the proceeds of crime 193 (1994) 5 scc410132 would amount to an offence of money-laundering and any other interpretation of the section would be contrary to the india s international obligation and fatf recommendations. ..... the criticism is essentially because of sub- section (4) which provides that every proceeding under sub-sections (2) and (3) shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the ipc. ..... it is then submitted that as the statements given under section 50 of the pmla are required to be signed and are given in the judicial proceeding within the meaning of sections 193 and 228 of the ipc, therefore, the presumption under section 80 of the 1872 act will apply and it shall be presumed that the document is genuine and the circumstances under which it was taken are true and such evidence, statement or confession was duly taken. ..... central bureau of investigation, (2012) 1 scc40 state of kerela vs. .....