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Siemens India Ltd. Vs. the Commercial Tax Officer and ors.

Court : Kolkata

Reported in : [1978]41STC75(Cal)

..... for the aforesaid reasons, i set aside the order dated 24th june, 1974, passed under section 9 of the central sales tax act read with section 20(4) of the bengal finance (sales tax) act, 1941 and direct the officer concerned to pass a fresh review order in accordance with law after giving the parties reasonable opportunity and in accordance with the principles indicated above.14. ..... on 24th june, 1974, the commercial tax officer passed an order under section 9 of the central sales tax act, 1956, read with section 20(4) of the bengal finance (sales tax) act, 1941, disallowing again the exemption of rs. ..... section 20(4) of the bengal finance (sales tax) act, 1941, provides as follows :(4) subject to such rules as may be prescribed, any assessment made or order passed under this act or the rules made thereunder by any person appointed under section 3 or section 3a may be reviewed by the person passing it upon application or of his own motion (and subject as aforesaid, the tribunal may, in like manner and for reasons to be recorded, review any order passed by it, either on its own motion or on ..... the first challenge to the order is on the ground that the commercial tax officer had no power under section 20(4) of the bengal finance (sales tax) act, 1941, to pass the impugned order. ..... apart from the aforesaid, there are no other limitations, engrafted in the express provision of sub-section (4) of section 20 of the bengal finance (sales tax) act, 1941. .....

The Commissioner of Wealth-tax Vs. M/S. Kumudam Printers Pvt. Ltd.

Court : Chennai

..... facts and in the circumstances of the case, the income tax appellate tribunal was right in law in exempting the property at no.20, hunters road, madras from the wealth tax, even though section 40(3)(vi b) of the finance act, 1983 states if the property used by director, manager and secretary as residential accommodation then it will not be exempt and the same will be included as taxable asset in the net ..... insofar as the premises allotted to the managing director of the assessee is concerned, the claim of exemption is made under section 40(3)(iv b) of the finance act and the said section reads as follows: any building and the land appurtenant to such building used as residential accommodation by any director, manager, secretary or any other employee of the assessee ..... it was the case of the assessee that since the premises was used for residential purpose of the managing director, who was an employee of the assessee, in terms of section 40(3)(vi b) of the finance act, 1983, it is entitled to exemption from wealth tax. ..... is leasing out the properties, a portion of the factory premises was leased out to m/s.lotus inks, which also carries on the manufacture of inks and therefore, in terms of the section 40(3)(vi b) of the finance act, they are entitled to exemption. ..... had derived the benefit from the board by way of installation of transformer, it forms part of business and therefore, they are entitled to exemption from wealth tax in terms of section 40(3)(vi b) of the finance act. .....

M/S. Electro World Vs. Cce, Chandigarh

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

per d.n. panda; learned consultant submits that if short fall in payment of service tax is paid mitigating factor of sub-section (3) of section 73 takes care of that case. the present appellant having paid short fall by 24th april 2006, there should not have been issuance of show cause notice for the said short fall on 28.11.2007. the action of the learned adjudicating authority, not being in consonance with the provision contained in section 73(3) of finance act, 1994, this appellant had been directed to pay penalty under section 76 of the finance act, 1994. in short, preliminary argument is that when no show cause notice was to be issued the question of penalty does not arise since adjudication is not intended by under section 73(3) of the finance act, 1994. 2. learned d.r. supports the authority below. 3. there is no dispute that the case is made for realization of short fall and only default period penalty has been called for under section 76 of finance act, 1994. statutory mandate being to relieve an assessee falling under section 73(3) of finance act, 1994 from litigation without issuance of show cause notice, learned counsels averment is correct proposition of law. therefore, he succeeds in appeal without facing any penal consequence under section 76 of the act. consequently, appeal is allowed.

M/S. Agarwal Trading Co. Vs. Commissioner of Central Excise Jaipur Ii

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi

..... further, the original adjudicating authority having granted the benefit of section 80 of the finance act to the appellant, has held that there was no suppression on the part of the assessee. ..... however, as regards the imposition of penalty under section 78, he observed that since it is a new tax, so he takes a lenient view and extends the benefit of section 80 of the finance act, 1994 for the purpose of imposition of penalties under section 78 of the finance act, 1994. ..... without going into the details on merits of the case, i find that the show cause notice which was issued on 26.4.06 proposing imposition of penalties under various sections of the finance act, 1994 culminated into an order passed by original adjudicating authorities after holding the demand of duty along with imposition of penalties under section 76 and 77 of the finance act. ..... the bombay high court clearly ruled that the conditions for invocation of the extended period of limitation under section 73 of the act and the conditions precedent for imposing penalty under section 78 of the act are identical, namely existence of elements of fraud, collusion and willful misstatement or suppression of facts or contravention of the provisions of the act with intent to evade payment service tax; and once the adjudicating authority came to the conclusion that for the relevant period .....

Baby Marine Exports Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (2001)77ITD442(Coch.)

..... with a view to encouraging large exports of certain goods by finance act, 1982, a section was inserted for the first time with effect from 1-6-1982 for providing tax relief to companies and corporate tax payers resident in india whose ..... appreciate the fact that explanation (baa) to section 80hhc(4a) was inserted by the finance act, 1991 with effect from 1-4-1992. ..... 2) act, 1980; whereas section 80hhc was originally inserted by the finance act, 1983 with effect ..... ' means the profits of the business as computed under the head 'profit and gains of business or profession' as reduced by - (1) ninety per cent of any sum referred to in clauses (iiia), (iiib) and (iiic) of section 28 or of any receipts by way of brokerage, commission, interest, rent, charges or any other receipt of a similar nature included in such profits; and (2) the profits of any branch, office, warehouse or any other establishment of the ..... section 80hhc was introduced by the finance act ..... 37 deciding the issue for the assessment years 1990-91 and 1991-92, the tribunal held that the deduction under export turnover/ profits retained for export business as used in section 80hhc(3) unambiguously refers to total turnover of the entire business and not to the total turnover of export business and the tribunal further held that business includes not only the ..... with the 1989 amendment the section for the first time exempted the entire profits derived from exports and made express provision for dividing the exemption between a .....

Van Oord Dredging and Marine Vs. Adit, (international

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2008)297ITR115(Mum.)

..... departmental representative submitted that there is no reason for admitting these additional grounds of appeal as action of the assessing officer is as per the provision of the act and there is no ambiguity in the language of the provision of section 90 of the act.further the explanation to section 90 inserted by the finance act 2001 with retrospective effect from 1.4.1962 making it clear that charge of tax in respect of foreign company at a higher rate than the rate at which domestic company ..... the assessee submitted that the provision of section 234 d was inserted by finance act 2003 with prospective effect from 1.6.2003 ..... section 234d was not in the statute book during the relevant period and was inserted by the finance act ..... for deduction of tax at a lower rate and ultimately entire amount is found chargeable to tax, in absence of payment of advance tax as per provision of the act interest under section234b is chargeable.he submitted that the assessee will get deduction as per provision of section 209(1)(a) to the extent of amount @ 7% of the tds payment and not the full amount of tax on assessed income and submit that the decision of ..... not considered the amendment made by finance (no.2) act, 2004 which has modified the amendment made by finance act, 2001 retrospectively. ..... immediately after the entry into force of that convention and, if the competent authority of the other state so requests, the provisions of this sub-paragraph shall be amended by protocol to reflect such terms. .....

In Re: Trikamlal Maneklal and anr.

Court : Mumbai

Reported in : AIR1958Bom351; (1958)60BOMLR63; ILR1958Bom694

..... in the present case, the tribunal decided the appeal on 12-1-1954 and no application having been made within sixty days from the date oh which the order was made, by the operation of sub-section (6) of section 33 that order became final and that finality of the order is not liable to be challenged merely because the tribunal at a subsequent stage of the remand proceedings which are brought before it by way of an ..... amin, who appears on behalf of the commissioner, has urged three contentions (1) that the appellate tribunal was in error in assuming that a reference could be made under section 66(1) of the income-tax act to this court against an order of remand which does not finally decide the question as to the liability of the assessee to pay the tax and in holding on that erroneous assumption that the ..... of bihar enacted regulation i of 1941 which declared inter alia that the indian finance act, 1940, should be deemed to have come into force in the area ..... it was subsequently discovered that the indian finance acts of 1938 and 1939 were not applied to this area and therefore regulation iv of 1942 was enacted which provided inter alia that the indian finance acts of 1938 and 1939 should be deemed to have come into force in this area on ..... 1954]26itr79(patna) (d), merely affirmed the view that a decision of the privy council overruling a decision of the high court is 'definite information' within the meaning of section 34 of the indian income-tax act, 1922, before its amendment in 1948. .....

Patidar Oil Cake Industries Vs. Dy. Commissioner of Income Tax

Court : Gujarat

Reported in : (2004)190CTR(Guj)481; [2004]270ITR347(Guj)

..... not applicable with effect from assessment year 1989-90 and hence there being no requirement, no breach can be ascribed to the assessee;(iv) that by way of statutory amendment, proviso to sub-section (1) of section 80hhc of the act was not applicable and hence there was no requirement in law to maintain the reserve as the proviso itself had been deleted with effect from 1.4.1989;(v) that merely because the ..... insofar as the other three assessment years are concerned, namely, assessment years 1986-87 to 1988-89, it is apparent that the proviso only requires that an amount equal to the amount of deduction claimed under sub-section (1) of section 80hhc of the act is debited to the profit and loss account and credited to a reserve account which is to be utilised for the purposes of the business of the assessee, and such debit and credit have to be made in ..... said section came to be substituted by the finance act, ..... section 80hhc was inserted in the statute book by the finance act ..... in light of the fact that the assessments have been sought to be reopened after a period of four years from end of each of the assessment years in question, the provisions of section 147 of the act mandate that the assessing officer shall be vested with the jurisdiction to initiate reassessment proceedings only in case there is any omission or failure on the part of the assessee to disclose fully ..... by the finance act, 1988 with effect from 1.4.1989, section 80hhc was substituted and the substituted section did not .....

Commissioner of Income-tax Vs. Zippers India

Court : Gujarat

Reported in : (2006)203CTR(Guj)52; [2006]284ITR142(Guj)

..... section 37(3a) of the act was introduced initially by finance act,1978 with effect from 01/04/1979 and came to be deleted with effect from 01/04/1981 ..... thereafter, once again the provisions were inserted by finance act, 1983 with effect from 01/04/1984 and were omitted with effect from 01/04/1986 by finance act,1985. ..... other words, all the three items of expenditure are allowable under section 37(1) of section 37 of the act but because of the use of the term s notwithstanding anything contained in sub-section (1) occurring in the opening part of sub-section (3a) of section 37 of the act the specified percentage is disallowed.9. ..... , j.1.the following question has been referred by the income tax appellate tribunal, ahmedabad bench, 'b' under section 256(1) of the income tax act,1961 (the act) at the instance of the commissioner of income tax. ..... the assessing officer invoked provisions of section 37(3a) read with section 37(3b) of the act and disallowed a sum of rs ..... 276/- made under section 37(3a) of the act by treating the commission paid as not falling within the provisions of section 37(3b) of the act.16. ..... section 37(3a) of the act provides that where the expenditure or, as the case may be, the aggregate expenditure incurred by an assessee on any one or more of the items specified in sub-section (3b) exceeds the stipulated limit, twenty percent of such excess shall not be allowed as deduction while computing the income chargeable under the head sprofits and gains of business or profession .....

Sujatha Films P. Ltd. Vs. the Commissioner of Income Tax

Court : Chennai

Reported in : (2006)202CTR(Mad)553; [2006]284ITR503(Mad)

..... the tribunal held that the provisions of section 153 have been substituted by the finance act 1989 and that the amended provisions of section 153(1)(b) are applicable to the assessment year 1988 ..... the provisions of section 153 have been amended by the finance act, 1989 and as per the amended provision, the time limit is one year from the end of the financial year in which the return of income or a revised return of income is filed by the assessee ..... the provisions of section 153(1)(b) are applicable for the ..... the provisions of section 153(1)(b) are reproduced below:153(1) no order of assessment shall be made under section 143 of section 144 at any time after the expiry of -a) ------b) one year from the end of the financial year in which a return or a revised return relating to the assessment year commencing on the 1st day of april 1998, or any earlier assessment year, is filed under sub-section(4) or sub-section(5) of section 139, whichever is laterthe provisions of section 153 have been substituted by the finance act, 1989 and .....