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Chloride India Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1995)53ITD180(Kol.)

..... for this purpose, section 89a was first introduced into the income-tax act by the finance act, 1982. ..... , the section was omitted and it was replaced by section 80hhc introduced by the finance act. ..... this was consequential to the amendment made to section 28 of the income-tax act treating the above three items as business ..... since its introduction, the section has received various modifications and amendments but the substance of the section is the same viz ..... -4-1991 by the finance act, 1990. ..... decision establishes the proposition that it is necessary to infer the intention of the legislature while interpreting the provisions of a section it also establishes the proposition that even though in respect of the fulfilment of the second condition viz. ..... also exports batteries and in respect of the export it is entitled to deduction under section 80hhc of the act.the entitlement of the assessee to the deduction is not disputed in the present appeal. ..... the purchase of the new house, the word "mainly" did not find a place, the section should be so interpreted as to project into the second condition the same terms as in the first condition for exemption, ..... legislature by an amendment made by the finance (no. ..... however, if regard is had to the fact that the legislature by amendment excluded freight and insurance from the total turnover, thereby bringing the total turnover at par with the export turnover, it would be clear that the intention of the legislature is to harmonise both the expressions.in other .....

The Dy. Commissioner of Vs. Popular Automobiles

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (2004)90ITD333(Coch.)

..... he submitted that in the copy of the finance act, which was filed by the learned departmental representative at the time of hearing, para (sic) amendment to section 153 clearly mentions that "the last date on which the assessee is required to furnish the audit report" is effective ..... the cit(appeals) has allowed only a period of 14 days on the ground that the provisions contained in clause (iii) of explanation 1 to section 153 have been amended by the finance act, 1996 with effect from 1.4.1997. ..... after the amendment has been brought in by the finance (no.2) act, 1996, which has the effect that the amendment would be operative ..... this clause of explanation 1 was amended by finance act, 1996 with effect from 1.4.1957 and for the words "the date on which the assessee furnishes" were substituted by the words "the last date on which the assessee is required ..... the amendment to sub-section (iii) of explanation 1 to section 153 was brought in by the finance ..... the assessee for the impugned assessment year 1995-96 was pending on 1.4.1997, on which date clause (iii) of explanation 1 to section 153 was amended and therefore the amended provisions should have been followed by the assessing officer.5. ..... the learned departmental representative submitted that the provisions contained in section 153 are not procedural in nature and therefore the cit(appeals) has erred in law in giving the benefit of the amended provisions of law in deciding the period of limitation in respect of the impugned assessment .....

Commissioner of Wealth-tax Vs. Ram NaraIn Agrawal

Court : Allahabad

Reported in : [1977]106ITR965(All)

..... following question was referred for the opinion of the high court:'whether, on the facts and circumstances of the case, the tribunal was right in law in holding that the finance act, 1969, was not retrospective in effect and the penalties under section 18(1)(a) of the wealth-tax act, 1957, were exigible in these cases for the assessment years 1964-65, 1965-66, 1966-67 and 1967-68 on the scale in force prior to the ..... that the default which occurred before the act was amended ceased only after the returns were filed in 1970 and the occasion to impose penalty having arisen at a time when the finance act, 1969, had come into force, the court below should have calculated the penalty in accordance with the amended law. ..... by the tribunal the only question that arises for consideration is whether penalty has to be calculated in accordance with the provisions contained in finance act, 1969, or as it stood before the amendment. ..... default occurred in the eye of law and this continued till the assessee did not file the return and as the proceedings were initiated by filing of the return at a time when the finance act, 1969, came into force, the law applicable in the case of the assessee would be the law as it was amended by finance act, 1969, and not the unamended law. ..... have been raised on behalf of the department before the tribunal that penalty up to april 1, 1969, should be levied in accordance with the unamended act and thereafter under the amended act nor has any such question been referred. .....

Assst. C.i.T., Vadodara Vs. Elecon Engineering Co. Ltd.

Court : Supreme Court of India

Reported in : (2010)230CTR(SC)1

..... section 43a, before its substitution by a new section 43a vide finance act, 2002, was inserted by finance act, 1967 with effect from 1.4.1967, after the devaluation of the rupee on 6 june ..... , section 43a underwent a drastic change by virtue of a new section 43a inserted vide finance act, ..... *** *** ***explanation 3: where the assessee has entered into a contract with an authorised dealer as defined in section 2 of the foreign exchange regulation act, 1947 (7 of 1947), for providing him with a specified sum in a foreign currency on or after a stipulated future date at the rate of exchange specified in the contract to enable him to meet the whole or any part of the ..... case, we are not concerned with the position emerging after finance act, 2002. ..... of civil appeals concerns the nature of roll over premium charge incurred by the assessee as also the scope and applicability of section 43a of the income tax act, 1961 ('the act' for short), in the context of such charges.3. ..... the high court which came to the conclusion that the roll over premium charge(s) paid by the asssessee was in the nature of interest or committal charge(s), hence, the said charges were allowable under section 36(1)(iii) of the said act, hence this civil appeal(s).6. ..... alternative, on behalf of the assessee, it was submitted that in the event of this court coming to the conclusion that roll over charges were not deductible under section 36(1)(iii) then in that event such charges were deductible under section 37 of the act. .....

Commissioner of Income Tax, Bhopal Vs. Hindustan Elector Graphites Ltd ...

Court : Supreme Court of India

Reported in : JT2000(3)SC499; 2000(2)SCALE519; (2000)3SCC595; [2000]2SCR506

..... it is true that income by way of cash compensatory support became taxable retrospectively with effect from april 1, 1967 but that was by amendment of section 28 by the finance act of 1990 which amendment could not have been known before the finance act came into force. ..... since clause (iii)(b) was inserted in section 28, though having retrospective operation by the finance act, 1990, the assessee did not include this income in its return which, as noted above, was filed on december 29, 1989. ..... clause (iii)(b) in section 28 was inserted by the finance act of 1990. ..... , any advance tax paid and any amount paid otherwise by way of tax of interest, then, without prejudice to the provisions of sub-section (2), an intimation shall be sent to the assessee specifying the sum so payable, and such intimation shall be deemed to be a notice of demand issued under section 156 and all the provisions of this act shall apply accordingly, and(ii) if any refunds due on the basis of such return, it shall be granted to the assessee; provided that in computing ..... no additional tax would have been leviable on the cash compensatory support if the finance act, 1990 had not so provided even though retrospectively. ..... the assessing officer assessed the company applying the amended provision of section 28 of the act thus levying additional tax under section 143(1a) of the act. ..... ) noticed that section 28 of the act was amended with retrospective effect from april 1, 1967. .....

Commissioner of Income-tax Vs. Tamil Nadu Industrial Investment Corpn. ...

Court : Chennai

Reported in : [1999]107TAXMAN16(Mad)

..... . when it was amended by the finance act, 1966, the limit was raised to 25 per cent in the case of financial corporations ..... explanation was omitted by the finance act, 1975 with effect from 14-1975, and if we accept the contention urged on behalf of the assessee that it is open to the assessee to reply upon the surplus reserve of earlier years, it will defeat the object behind the legislative intention in deleting the explanation to section 36(1 )(viii) ..... any opinion on the correctness of the view expressed by the punjab arid mariana high court except to point out that under section 36(1)(viii), the special reserve should riot only be created out of the income chargeable to tax but must be carried ..... appellate tribunal was right in holding that the reserve created for earlier years was not available to make good the deficiency in subsequent year within the meaning of section 36(1)(viii) of the income tax act, 1961 and therefore, the claim, should be allowed only to the extent of rs. 17,75,000 as against the claim of rs ..... . cit , wherein the punjab arid haryana high court dealt with a case of deduction under section 80c of 'the act arid the court held that the amount of lic premium need not come out of the inncome chargeable to ..... . : [1980]123itr619(mad) , this court has take a view that under the explanation to section 34(3) (if the act, the deduction of development rebate should not be denied by reason only, that the amount debited to the profit and loss account of the relevant previous year and .....

Kashiram Agarwalla and anr. Vs. Collector of 24-parganas and ors.

Court : Kolkata

Reported in : AIR1958Cal524,62CWN83

..... air 1947 fc 32 (f) the federal court had to deal with a notification under section 2 (1) by which the governor of bihar directed that the indian income tax (amendment) act, 1939 (vii of 1939) the income-tax law amendment act, 1940, (xii of 1940), the excess profits tax act, 1940 (xv of 1940) and the indian finance act, 1940 (xvi of 1940) shall be deemed to have been applied to the chota ..... the finance acts enacting the rates for assessment were extended to the excluded area, where the business of the joint family was carried on was under section 92(1) of the government of india act, several days later than the day when the act came ..... the authority of chatturam's case (f) in which that reasoning appears to me to have received support, i hold that the different finance acts which were extended to kalimpong where the business was carried on several days after this did not affect the validity of the ..... 'it has been further contended that ever assuming that the scheduled offences and the person charged with the commission thereof could properly form a class in respect of which special legislation could he enacted, section 4 of the act is discriminatory and void, vesting, as it does an unfettered discretion in the provincial government to-choose any particular 'case' of a person alleged to have committed an offence falling under any of ..... section 21 (1) of the (english) finance act of 1936 deals with income for the ..... section 5 (1) of that act after section 34 of the income-tax act was amended .....

Benoy Krishna Bose Vs. Commercial Tax Officer and ors.

Court : Kolkata

Reported in : [1966]17STC35(Cal)

..... being a commodity liable hitherto to taxation under the bengal finance (sales tax) act, 1941 (bengal act vi of 1941), should be taxed under the west bengal sales tax act, 1954 (west bengal act iv of 1954).now, therefore, in exercise of the power conferred by section 25 of the west bengal sales tax act, 1954 (west bengal act iv of 1954), the governor is pleased hereby to specify such commodity under that section.the commodity referred to above-soap, which expression shall mean ..... such notice called upon the petitioner to furnish returns under the bengal finance (sales tax) act for the four quarters ending on the last day of chaitra 1365 ..... him under section 11(1) of the bengal finance (sales tax) act.5. ..... of the west bengal sales tax act, 1954, he was liable to pay sales tax on soaps manufactured by him under the provisions of the bengal finance (sales tax) act, 1941. ..... petitioner, with the making of the notification he had no further liability to pay sales tax under the bengal finance (sales tax) act but could be taxed, if at all, under the west bengal sales tax act.4. ..... of the notification, whether manufactured in a factory or not, are all exempt from the operation of the bengal finance (sales tax) act, 1941. ..... was registered as a dealer under the bengal finance (sales tax) act, 1941. ..... that the respondent-commercial tax officer had no jurisdiction to include the sale proceeds of those items in the total turnover of the petitioner and to assess him under the bengal finance (sales tax) act.7. mr. .....

The Commissioner of Central Excise Vs. M/S.Sri Chaitanya Educational C ...

Court : Andhra Pradesh

..... after coming into force of the amendment to section 65(105) of the finance act, in spite of advice by the revenue, the respondent did not obtain ..... , the commissioner of central excise & customs issued notice dated 08.9.2008 calling upon the petitioner to show cause as to why action should not be taken under section 73(1) of the finance act, and the service tax rules, 1994, for consideration of the commercial nature of business, wilful delay in obtaining registration, wilful default in payment of service tax and submission of information, and wilful evasion of payment of service ..... section 73(1) of the finance act bars any such proceedings beyond a period of one year unless the non-levy or non-payment of tax is by reason of fraud, collusion, willful mis-statement, suppression of facts, or contravention of the provisions of the finance act ..... the cestat the appeal is not maintainable; as the respondent society is a non-profit coaching centre, using its surplus only for educational activities, it is not liable to pay service tax; as the respondent is registered under section 12a of the income tax act, 1961 as a charitable trust, it cannot be treated as a commercial training or coaching centre; and, as levy of service tax was beyond the period of one year, it is barred by section 73 of the finance act.5. ..... respondent's activity of commercial training or coaching service attracts levy of service tax under sections 65 (26) and (27) read with sub-section (105)(zzc) of the finance act, 1994. .....

Commissioner of Central Excise Pune-ii Vs. M/S. I.J. Mathu Foods Pvt. ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... 6.8 we also noticed that there has been an amendment by way of inserting section 66a in the service tax provisions by the finance act, 2006 w.e.f.18.4.2006. ..... the tribunal has held that in view of insertion of section 66a of the finance act, 1994, offshore services cannot be subjected to service tax prior o 18.4. ..... the respondents were registered as deemed service provider under section 68(2) of the finance act, 1994 under the category of business auxiliary service. ..... ), the honble high court of bombay also held that recipient in india liable to service tax for service received from abroad only from 18.4.2006 after enactment of section 66a of the finance act, 1994. ..... patil learned advocate appearing on behalf of the respondent submits that the recipient of overseas service not liable to pay service tax for period prior to 18.4.2006 before insertion of section 66a of the finance act, 1994. ..... this circular will be relevant till the amendment brought out in service tax laws by insertion of section 66a w.e.f. ..... such offshore services are liable for tax consequent to the amendment w.e.f. .....