Court : Chennai
Reported in : 1995(52)ECC53; 2003(162)ELT121(Mad)
..... that where an application for refund has been made before the commencement of the central excise and customs laws (amendment) act, 1991, such application shall be deemed to have been made under this sub-section as amended by the said act and the same shall be dealt with in accordance with the provisions of sub-section (2) as substituted by this act:provided further that the limitation of six months shall not apply where any duty has been paid under ..... 2914, 2915, 2916, 2947 and 2948 of 1984 for issue of mandamus directing (1) the collector of customs, customs house, madras - 600 001; (2) union of india through the secretary, ministry of finance, department of revenue and banking, central secretariat, north block, new delhi; and (3) the assistant collector of customs (refunds), customs house, madras - 600 001 - (appellants in all writ appeals - respondents), to refund the sum of rs. ..... d.1211, dated 28-4-1982; d.1212, dated 22-3-1980; d.262, dated 5-7-1982; d.1105, dated 19-12-1980 and d.1106 dated 19-12-1980.10. ..... 262, dated 5-7-1982; (4) d.1105, dated 19-12-1980; and (5) d.1106, dated 19-12-1980.2. ..... it imported silica crucibles under valid licence from france and filed five bills of entries, namely, (1) d.1211, dated 28-4-1982; (2) d.1212, dated 22-3-1980; (3) d. .....
Tag this Judgment!Court : Chennai
Reported in : (1997)138CTR(Mad)97
..... 2) act, 1980, would be available only from 1980-81 onwards and for the earlier assessment years, this amendment would not be helpful ..... 2(31) and 164 of the act held that before the amendment in 1980, the provisions of the it act, 1961, created by a fiction whereby, in the case of a discretionary trust, the exigible tax was the tax payable by an aop or at the rate of 65 per cent ..... the amendment effected by the finance (no. ..... 2) act, 1980, which has done away with the deeming provisions whereby a trust under ..... 2) act, 1980, has done away with the deeming provisions whereby a trust, under ..... fact, this section comes into play only after the income has been computed in accordance with the other provisions of the it act, 1961. ..... determination of total income depends on the various provisions of the it act which takes into consideration the deductions to be provided under s. ..... 164 of the act is not an independent section and does not determine that status of the assessee, but merely imposes a liability at the same rate of tax as an aop ..... shri krishna bandar trust (supra) was concerned with law as it stood after the amendment was introduced by the finance (no. ..... 4, 5, 160, 161, 164 and 166 of the act in answering the question whether the revenue has an option to assess and recover tax from either the trustees or the beneficiaries of a discretionary trust when the income thereof is distributed and received by the beneficiaries in ..... accordingly to learned standing counsel, the benefit of the finance (no. .....
Tag this Judgment!Court : Chennai
Reported in : [1996]221ITR649(Mad)
..... 2) act, 1980, would be available only from 1980-81 onwards and for the earlier assessment years, this amendment would not be helpful ..... 2(31) and 164 of the act held that before the amendment in 1980, the provisions of the it act, 1961, created by a fiction whereby, in the case of a discretionary trust, the exigible tax was the tax payable by an aop or at the rate of 65 per cent ..... the amendment effected by the finance (no. ..... 2) act, 1980, which has done away with the deeming provisions whereby a trust under ..... 2) act, 1980, has done away with the deeming provisions whereby a trust, under ..... fact, this section comes into play only after the income has been computed in accordance with the other provisions of the it act, 1961. ..... determination of total income depends on the various provisions of the it act which takes into consideration the deductions to be provided under s. ..... 164 of the act is not an independent section and does not determine that status of the assessee, but merely imposes a liability at the same rate of tax as an aop ..... shri krishna bandar trust (supra) was concerned with law as it stood after the amendment was introduced by the finance (no. ..... 4, 5, 160, 161, 164 and 166 of the act in answering the question whether the revenue has an option to assess and recover tax from either the trustees or the beneficiaries of a discretionary trust when the income thereof is distributed and received by the beneficiaries in ..... accordingly to learned standing counsel, the benefit of the finance (no. .....
Tag this Judgment!Court : Chennai
Reported in : (1997)143CTR(Mad)328; [1997]223ITR455(Mad)
..... 2) act, 1980, by introducing section 35(2)(iv), which came into effect from april 1, 1962. ..... expenditure on these assets had been incurred even in the earlier accounting years, when they were first brought into use for the purpose and it cannot again be treated as a capital expenditure for the purpose of section 35(1)(iv) of the act, merely because the assessee chose to transfer them to the research and development in the later years. 6. ..... to learned standing counsel for the department, inasmuch as the expenditure was incurred in the earlier years for purchasing the machinery, which were transferred in the assessment year under consideration, deduction cannot be claimed under section 35(1)(iv) of the act since the expenditure was not incurred in the present assessment year under consideration. ..... learned counsel for the assessee further pointed out that there is prohibition under the amended provision to claim both depreciation and deduction of capital expenditure under section 35(1)(iv) of the act. ..... this amount was claimed by the assessee as capital expenditure under section 35(1)(iv) read with section 35(2) of the act, as expenditure incurred on scientific research related to the business carried on by the assessee. ..... this decision relates to the amendment effected by the finance (no. .....
Tag this Judgment!Court : Chennai
Reported in : [1999]239ITR548(Mad)
..... it also held that the finance (no.2) act, 1980, in so far as it amended section 80j by incorporating the provisions of rule 19a as sub-section (1a) in section 80j with retrospective effect from april 1, 1972, was ..... 207itr781(sc) , the supreme court observed as follows (headnote) : 'the question whether the commissioner was justified on the facts and in the circumstances of the case, in refusing to exercise his power under section 273a of the income-tax act, 1961, to waive interest and penalty where the assessee has disclosed income voluntarily in a revised return, is a question to be examined on the merits and the high court, on a writ petition challenging ..... decisions, the kerala high court held that where an application is made for waiver of interest levied under section 215 of the income-tax act, 1961, the income-tax authorities have to objectively consider the circumstances and find out whether the assessee ..... was not ordered, the supreme court observed as follows (headnote) : 'the words 'the commissioner may in his discretion.....reduce or waive the amount of penalty' in section 18b of the wealth-tax act, 1957, clearly show that the power conferred on the commissioner is to be exercised by him in such a manner as he deems just and proper. ..... before the introduction of this section by the taxation laws (amendment) act, 1984, with effect from october 1, 1984, the court was exercising powers disallowing interest ..... section 220(2) of the income-tax act, 1961, for the assessment year 1980 .....
Tag this Judgment!Court : Chennai
Reported in : [1999]239ITR846(Mad)
..... that the explanation (sic) was introduced by the finance act, 1983, with retrospective effect from april 1, 1979, and since a limited retrospective effect is made by the above amendment, sub-section (5) of section 37 would not apply to the assessment year in ..... sub-section (5) of section 37 of the act was introduced by the finance act, 1983, with retrospective effect only ..... the provisions have been introduced only from april 1, 1979, by the finance act, 1983, it will not have any larger retrospective effect than that provided ..... in compliance with the directions of this court dated march 14, 1989, the tribunal referred the following question of law for our consideration under section 256(2) of the income-tax act, 1961 :'whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the expenditure incurred on the maintenance of the guest house and the depreciation on ..... rajan, learned counsel for the revenue, submitted the explanation (sic) introduced in sub-section (5) of section 37 of the income-tax act is retrospective in nature and, therefore, the assessee is not entitled to deduction of the expenditure claimed or the depreciation claimed by the assessee ..... 1980]123itr619(mad) , we are of the view that the expenses incurred by the assessee are allowable in the computation of the business income of the assessee as the guest house maintained by the assessee cannot be regarded as a 'guest house' within the meaning of section 37(4) of the act .....
Tag this Judgment!Court : Chennai
Reported in : (1998)145CTR(Mad)294
..... that the explanation was introduced by the finance act, 1983, with retrospective effect from 1st april, 1979, and since a limited retrospective effect is made by the above amendment, sub-s. (5) of s. ..... since the provisions have been introduced only from 1st april, 1979, by the finance act, 1983, it will not have any larger retrospective effect than that is provided by ..... 37 of the act was introduced by the finance act, 1983, with retrospective effect only from 1st ..... aruna sugars : [1980]123itr619(mad) , we are of the view that the expenses incurred by the assessee are allowable in the computation of the business income of the assessee as the guest house maintained by the assessee cannot be regarded as a ..... 256(2) of the it act, 1961 :'whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the expenditure incurred on the maintenance of the guest house and the depreciation on the building used as ..... 37(5) of the act are not applicable to the facts of the case, on the basis of the decision of this court in the case of ..... 37 of the act shows that only from 1st april, 1979, if any accommodation is maintained, hired or reserved or arranged by the assessee for the purpose of providing boarding or lodging including any employee, director or the holder of office on tour or ..... 37 of the it act is in retrospective nature and, therefore, the assessee is not entitled to deduction of the expenditure claimed or the depreciation claimed by the assessee.4. mr. p. .....
Tag this Judgment!Court : Chennai
Reported in : [1999]239ITR232(Mad)
..... act of 1980, sections ..... our decision by the income-tax appellate tribunal, madras bench :'whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the deduction under section 80o should be allowed on the total income before set-off of unabsorbed depreciation of the earlier years and that the assessee is entitled to carry forward the unabsorbed depreciation relating to the assessment ..... in error in holding that the assessee was entitled to the deduction of the gross amount of the fees received by it for the work done by it abroad under section 80o of the act, and in further directing that the amounts claimed as unabsorbed depreciation relating to the assessment years 1977-78 and 1978-79 were required to be carried forward. ..... assessment year with which we are now concerned, had come to an end, the section was further amended in the year 1984 reducing the amount of the permissible deduction to 50 per cent, ..... [1979]118itr243(sc) , that the amount of the dividend to be deducted from the gross total income under section 80m of the act was the gross dividend received by the assessee without computing the same in accordance with the act and deducting from the gross receipt by way of dividend the expenses incurred by the assessee for the purpose ..... amending act of 1971 (finance ..... ) of the income being deducted and after the further amendments effected in the year 1984, the deduction was limited ..... as prior to its amendment in 1972 it provided ..... finance .....
Tag this Judgment!Court : Chennai
Reported in : [1999]239ITR534(Mad)
..... 2) act, 1980, with effect from april 1, 1981, and under the amended law to the extent the expenses incurred fall under sub-clauses (i), (iv), (vii) and (ix) of section 35b(1)(b) of the act they would not qualify for weighted deduction. ..... we are of the view that certification expenses as well as expenses incurred by way of warranty claims do not fall within any of the amended clauses of section 35b of the act, and, therefore, the claim of the assessee must necessarily fail, as the expenditure incurred or expenses incurred do not fall within the ambit of section 35b of the act. ..... we are of the opinion that the expenditure claimed by the assessee is not covered by the amended provisions of section 35b of the act. ..... whether the tribunal was right in holding following the earlier years that exclusion of clause (a) of section 40a(5) is to be confined to the actually exempted amount and not the entire remuneration paid to foreign technicians ?3. ..... the first two questions relate to the interpretation of section 40a(5)(b)/40(c) of the income-tax act in relation to the determination of the amount of disallowance to be disallowed under the above-said provisions. ..... the claim of the assessee was that the entire remuneration paid to its foreign directors and employees should altogether go out of the reckoning to determine the ceiling under section 40a(5) or 40(c) of the act on the ground that it was an exempted income. ..... section 35b of the act has been amended by the finance (no. .....
Tag this Judgment!Court : Chennai
Reported in : [2000]244ITR521(Mad)
..... our conclusion is supported by the subsequent legislative amendment inserting sub-section (5) of section 37 of the act by the finance act, 1983, with effect from april 1, 1979. ..... further, in so far as the assessment year 1979-80 is concerned, the amendment made by the finance act, 1983, to section 37(5) would apply and for that assessment year, on the basis of the legislative amendment, the accommodation is liable to be regarded as a guest house. ..... aruna sugars ltd : [1980]123itr619(mad) considered the expression 'guest house' under section 37(3) of the act and held that where any accommodation is maintained either in the principal place of business or in a place where the factory is located for the directors and other employees of the assessee-company who have to visit it for ..... 's case : [1980]123itr619(mad) , the assessee'scase must necessarily fail.13. ..... 's case : [1980]123itr619(mad) also makes it clear that it is the dutyof the assessee to produce the register maintained under rule 6c of theincome-tax rules before the income-tax officer to show who were enjoying the facilities ..... 's case : [1980]123itr619(mad) , if theaccommodation is maintained for other persons, the accommodationshould be regarded as guest house. ..... : [1980]123itr619(mad) is applicable and where the accommodation was provided by the company to its directors and employees or the persons who came and stayed for the purpose of enforcement of the law applicable to the factory, .....
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