Judgment Search Results Home > Cases Phrase: finance no 2 act 1977 section 19 substitution of new section for section 80rra Court: karnataka Page 1 of about 12 results (0.063 seconds)

Kanoria Industries Ltd. Vs. Union of India (Uoi)

Court : Karnataka

Reported in : 2005(190)ELT295(Kar)

..... case, the availment of modvat credit was sought to be denied to the petitioner by issue of show cause notice, which was issued even before the enactment of section 112 of the finance act, 2000 and on an independent ground and on adjudication of the show cause notice, the petitioner was denied this credit for the period and the matter, it appears, became concluded, as the petitioner has not pursued an adverse order it suffered at the hands of cegat in the second ..... the tribunal had not invalidated any provisions of law or rule and therefore there was no occasion at all for the parliament to have enacted a validating levy and if there was no occasion, the very provisions of section 112 of the finance act, 2000 cannot be sustained inasmuch as it is the submission of learned counsel for the petitioners that there was no cause of action for the parliament to make such a law, which in effect and substance takes away certain benefits which had ..... ), while passing orders on the review petition in the appeal of the commissioner, having taken note of the provisions of section 112 of the finance act, 2000 for reviewing its earlier order of dismissing the appeal and for allowing the appeal of the commissioner on behalf of revenue, an appeal which had been preferred against the order of the cegat, wherein the tribunal had held that persons like the petitioners are entitled to avail of .....

Wipro Limited Vs. The Joint Commissioner Of Income Tax

Court : Karnataka

..... some extent brings a sort of parity in the converse situation where he is liable to pay interest for delayed payment of taxes in terms of section 234b; it may be pertinent to note that it was inserted and brought into effect from the same time as section 153 was substituted by finance act, 2016; similarly, section 153(5) was substituted by finance act, 2016 prescribing the time limit to give effect to the orders passed under the sections mentioned therein, wholly or partly, otherwise than by making a fresh assessment or reassessment; prior to ..... this discussion, it is clear that the term assessment is used in section 153(1) to mean the entire process of assessment; section 153(2) uses the words, assessment , reassessment or recomputation but in respect of section 147 which deals with income escaping assessment; section 153(3) uses the term fresh assessment in pursuance of the orders passed setting aside or cancelling an assessment; therefore, this term fresh assessment , though not defined, contemplates a new assessment consequent to the higher authorities cancelling or setting ..... . ito [1977] .....

Jindal thermal Power Company Limited (Formerly Jindal Tracteble Power ...

Court : Karnataka

Reported in : (2006)203CTR(Kar)381; [2006]286ITR182(KAR); [2006]286ITR182(Karn)

..... clearly contemplated by the finance act which was within the knowledge of the petitioner and by the finance act, 2002 certain amendment to section 115jb of the act being incorporated with retrospective effect from 1.4.2001 and the relevant amendments which were in the nature of substitution which is under challenge in these writ petitions and the amendment is for the words 'the tax payable for the relevant previous ..... profits shall be deemed to be the 'total income' chargeable to tax at the rate of seven and one-half percent and the provisions of the finance act, 2002 which received the assent of the president on 11.5.2002 amending sub-section (1) by substituting the words 'such book profit shall be deemed to be the toted income of the assessee and the tax payable by the assessee on the such tax ..... act, 1996 by insertion of a new charging section 115ja into chapter xiib of the act and under the said provision where the total income computed under the provisions of the act is found to he less than 30% of the book profit, the total income chargeable to tax shall be deemed to be an amount equivalent to 30% of the book profit and section 115ja operated upto and including the assessment year 2000-01 when it gave way for another charging section seemingly comparable to section ..... for payment of advance tax under the new mat provisions of section 115jb of the act and it is abundantly made clear in the said circular that the new provisions of the section 115jb as introduced by finance act ..... new .....

Controller of Estate Duty, Karnataka, Bangalore Vs. Andal Thayaramma

Court : Karnataka

Reported in : ILR1984KAR1368; [1985]151ITR197(KAR); [1985]151ITR197(Karn); 1984(2)KarLJ396

..... 33 of 1958) ('the amending act') that came into force on july 1, 1960, which governs these cases, the above section has been recast and substituted and that section with certain minor amendments made thereafter by the later finance acts that are not material to notice, reads thus ..... substituted by finance act ..... such property, the exception was repealed altogether as respects deaths after 15th april, 1969, by the finance act, 1969, subject in each case to limited savings for policies and annuity contracts effected before 20th march, 1968. ..... : provided that any property so passing, in which the deceased never had an interest, not being a debt or right or benefit that is treated as property by virtue of the explanations to clause (15) of section 2, shall not be aggregated with any other property, but shall be an estate by itself and the estate duty shall be leviable at the rate or rates applicable in respect of the principle value thereof. ..... following items are aggregated :poundthe deceased's free estate bequeathed to his wife 12,000a gift inter vivos made by him to his son 1,000property settled by a stranger on trust for thedeceased for life and then for a charity 10,000--------total 23,000-------- the amount of duty chargeable is determined by reference to that total of pound 23,000 as 'the aggregate principal value of all the property comprised in the estate'; ..... aggregation for rate purposes provided in the act is nothing new or novel and is on the ..... : [1977]108itr439(sc) ..... [1977]108itr439 .....

The Mysore Chipboards Limited and ors. Vs. State of Karnataka Represen ...

Court : Karnataka

Reported in : ILR2006KAR987

..... be open for the government to issue a notification in exercise of power under section 7 of the bihar finance act, which may ..... sale price of the goods transported by the eligible new industrial ..... which is as follows:20-c(1) procedure and conditions for deferred payment of tax or exemption of tax for new industry:-where a new industrial unit referred to in section 19-c is eligible for specified tax incentive with reference to the investment made in fixed assets, the extent of such incentive shall be arrived at, on the basis of the following:(c) aggregate amount of tax at the rate of four percent or the rate applicable under the karnataka sales tax act, 1957, whichever is lower on the ..... unit to its own place of business or to the place of business of its agent at any place within india but outside the state of karnataka for sale there12. .....

Vasundhara A.g.k. Vs. The Bruhath Bangalore Mahanagara Palike

Court : Karnataka

..... corporation is not liable to make payment of any service tax and in this regard, he relies upon section 66d(a) of the finance act, 1994, which is reproduced hereunder for easy reference: 66d. ..... as to the basis of legal opinion said to have issued to the corporation, sri.b.v.krishna, learned counsel for corporation submits that said basis is section 66d of the finance act. ..... what is required to be seen is that in terms of sub- section (a) of section 66d of the finance act, services by a government or local authority who would be comprised in the ..... payment made by the corporation to the petitioners would amount to services rendered by the corporation in terms of sub-clause (i) of section 66d of finance act, 1994 would also be a question that arises.12. ..... am of the considered opinion that the present transaction would not come within the purview of sub-section (a) of section 66d of finance act, 1994.-. ..... sub-section (a) of section 66d of finance act, 1994 has been reproduced hereinabove which indicates that the services by government or local authority excluding the services under sub-clause (i) to sub- clause (iv) thereof would be in the negative list and in terms thereof ..... view of the matter, i am of the considered opinion that the stand taken by the corporation that it is exempted from making payment under section 66d of finance act is of no avail.19. ..... services rendered by the petitioners in the present matter would be exempted under sub-clause (a) of section 66d of finance act, 1994?. 11.2. .....

Amba Prasad N H Vs. Bruhath Bangalore Mahanagara Palike

Court : Karnataka

..... corporation is not liable to make payment of any service tax and in this regard, he relies upon section 66d(a) of the finance act, 1994, which is reproduced hereunder for easy reference: 66d. ..... as to the basis of legal opinion said to have issued to the corporation, sri.b.v.krishna, learned counsel for corporation submits that said basis is section 66d of the finance act. ..... what is required to be seen is that in terms of sub- section (a) of section 66d of the finance act, services by a government or local authority who would be comprised in the ..... payment made by the corporation to the petitioners would amount to services rendered by the corporation in terms of sub-clause (i) of section 66d of finance act, 1994 would also be a question that arises.12. ..... am of the considered opinion that the present transaction would not come within the purview of sub-section (a) of section 66d of finance act, 1994.-. ..... sub-section (a) of section 66d of finance act, 1994 has been reproduced hereinabove which indicates that the services by government or local authority excluding the services under sub-clause (i) to sub- clause (iv) thereof would be in the negative list and in terms thereof ..... view of the matter, i am of the considered opinion that the stand taken by the corporation that it is exempted from making payment under section 66d of finance act is of no avail.19. ..... services rendered by the petitioners in the present matter would be exempted under sub-clause (a) of section 66d of finance act, 1994?. 11.2. .....

N H Muralidhar Vs. Bruhath Bangalore Mahanagara Palike

Court : Karnataka

..... corporation is not liable to make payment of any service tax and in this regard, he relies upon section 66d(a) of the finance act, 1994, which is reproduced hereunder for easy reference: 66d. ..... as to the basis of legal opinion said to have issued to the corporation, sri.b.v.krishna, learned counsel for corporation submits that said basis is section 66d of the finance act. ..... what is required to be seen is that in terms of sub- section (a) of section 66d of the finance act, services by a government or local authority who would be comprised in the ..... payment made by the corporation to the petitioners would amount to services rendered by the corporation in terms of sub-clause (i) of section 66d of finance act, 1994 would also be a question that arises.12. ..... am of the considered opinion that the present transaction would not come within the purview of sub-section (a) of section 66d of finance act, 1994.-. ..... sub-section (a) of section 66d of finance act, 1994 has been reproduced hereinabove which indicates that the services by government or local authority excluding the services under sub-clause (i) to sub- clause (iv) thereof would be in the negative list and in terms thereof ..... view of the matter, i am of the considered opinion that the stand taken by the corporation that it is exempted from making payment under section 66d of finance act is of no avail.19. ..... services rendered by the petitioners in the present matter would be exempted under sub-clause (a) of section 66d of finance act, 1994?. 11.2. .....

M/s. V S Products Vs. Union Of India

Court : Karnataka

..... legality of levy of nccd as per section 136 of the finance act, 2001 section 136 of the finance act, 2001 provides for levy of nccd and section 136 (1) and (2) are extracted herein below for reference:1. ..... but that does not mean that a new and distinct charge cannot be introduced under the finance act. ..... by virtue of the constitution (101st amendment) act, 2016 there has been amendment to the seventh schedule insofar as entry 84 has been substituted and the relevant extract is reproduced as below: 84. ..... if the parliament has the legislative competence to introduce a new charge of tax, it may exercise that power either by incorporating that charge in the income tax act or by introducing it in the finance act or for the matter of that in any other statute .. ..... union of india represented by joint secretary ministry of finance, department of revenue room no.46, north block, new delhi - 110 001.2. ..... union of india represented by joint secretary ministry of finance, department of revenue room no.46, north block, new delhi - 110 001.2. ..... union of india represented by joint secretary ministry of finance, department of revenue room no.46, north block, new delhi - 110 001.2. ..... union of india represented by joint secretary ministry of finance, department of revenue room no.46, north block, new delhi - 110 001.2. ..... union of india represented by joint secretary ministry of finance, department of revenue room no.46, north block, new delhi - 110 001.2. .....

Harsh International Flavour Vs. Union Of India

Court : Karnataka

..... legality of levy of nccd as per section 136 of the finance act, 2001 section 136 of the finance act, 2001 provides for levy of nccd and section 136 (1) and (2) are extracted herein below for reference:1. ..... but that does not mean that a new and distinct charge cannot be introduced under the finance act. ..... by virtue of the constitution (101st amendment) act, 2016 there has been amendment to the seventh schedule insofar as entry 84 has been substituted and the relevant extract is reproduced as below: 84. ..... if the parliament has the legislative competence to introduce a new charge of tax, it may exercise that power either by incorporating that charge in the income tax act or by introducing it in the finance act or for the matter of that in any other statute .. ..... union of india represented by joint secretary ministry of finance, department of revenue room no.46, north block, new delhi - 110 001.2. ..... union of india represented by joint secretary ministry of finance, department of revenue room no.46, north block, new delhi - 110 001.2. ..... union of india represented by joint secretary ministry of finance, department of revenue room no.46, north block, new delhi - 110 001.2. ..... union of india represented by joint secretary ministry of finance, department of revenue room no.46, north block, new delhi - 110 001.2. ..... union of india represented by joint secretary ministry of finance, department of revenue room no.46, north block, new delhi - 110 001.2. .....