Court : Delhi
Reported in : [2001]119TAXMAN482(Delhi)
..... consequentially, we would have answered the question in favor of the revenue but we found that section 34(3)(a) of the act, as amended by the finance act, 1990, has some relevance to the issue, more particularly in view of the fact that expression ,relevant previous year' as stood prior to the amendment has been substituted by the words 'any previous year . . . ..... whether, on the facts and in the circumstances of the case and on the interpretation of the provisions of sub-section (3) of section 33 of the act, the appellate tribunal was justified to hold that the assessed-company is entitled to the carry-forward of development rebate, having remained outstanding in the hands of heil which amalgamated with the assessed-company with effect ..... following questions have been referred for opinion of this court under section 256(1) of the income tax act, 1961 (hereinafter referred to as the act) by the tribunal, delhi bench-c :'1. ..... it would, thereforee, be appropriate for the tribunal to decide as to the effect of the said amendment and the relevance thereof to the dispute at hand. ..... vishnu industrial enterprises : [1980]122itr919(all) . .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1987)(14)ECC441
..... goods in respect of which bills of entry were presented after issue of notification 205-cus/80 dated 16-10-80 by which exemption from customs duty granted under notification 66 cus dated 15-3-79 as amended and which was to have remained in force till 31-3-81 was withdrawn and the period curtailed to 16-10-80, would be governed for purposes of customs duty by the earlier notification 66-cus dated ..... that there is promissory estoppel against union of india and the central government could not have issued notification 205/cus/80 dated 16-10-80 when notification 66/cus dated 15-3-79 as amended was to have remained in force till 31-3-81.questioned, however, by the bench whether the relief of promissory estoppel could be granted by the tribunal disregarding notification 205/ ..... as amended by 178/cus dated 29-8-79 and 37/cus dated 25-3-80 before its supersession by notification 205/cus/80 dated 16-10-80 are reproduced below :- " in exercise of the powers conferred by sub-section (1) of section 25 of the customs act, 1962 (52 of 1962), and in supersession of notification of the government of india in the ministry of finance, department ..... government being satisfied that it is necessary in the public interest so to do, hereby exempts polyvinyl chloride resins, falling within chapter 39 of the first schedule to the customs tariff act, 1975 (51 of 1975), when imported into india, from so much of the duty of customs leviable thereon which is specified in the said first schedule as is in excess ..... 1980 .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1989)(22)ECC71
..... act before the amendment and after the amendment clearly shows that the intention of the legislature was not to snatch the right of appeal which he was enjoying before the insertion of chapter vi-a of the finance act ..... order passed by the collector of central excise as an adjudicating authority; (c) an order passed by the central board of excise and customs constituted under the central boards of revenue act, 1963 (54 of 1963) (hereinafter in this chapter referred to as the board) or the appellate collector of central excise under section 35, as it stood immediately before the appointed day; (d) an order passed by the board or the collector of central excise, either before or after the appointed day, under ..... section 35a, as it stood immediately before that day: provided that the appellate tribunal may, in its discretion, refuse to admit an appeal in respect of an order referred to in clause (b) or clause (c) or clause (d) where - (i) in ..... the previous legislation may be relevant to the interpretation of later statutes in two ways (i) the course which legislation on a particular point has followed often provides an indication as to how the act at present in force should be interpreted, and (ii) light may be thrown on the meaning of phrase in a statute reference to a specific phrase in an earlier statute dealing with the same ..... 1980 .....
Tag this Judgment!Court : Delhi
Reported in : [1999]236ITR912(Delhi)
..... 1 is concerned, the finance act, 1990, has inserted clause (iiia) in section 28 and clause (va) in section 2(24) of the act, the effect whereof is that profits on sale of import entitlements agreement under the imports (control) order, 1955, has been included in the definition of income liable to be charged to income-tax under the head 'profits and ..... such an expenditure is not entitled to weighted deduction under section 35b of the income-tax act, as it stood at the relevant time, (see cit v. ..... by this reference under section 256 of the income-tax act, 1961, made at the instance of the assessee, the tribunal has sought for opinion of the high court on the following two questions of law referable to the assessment year 1980-81 :'1. ..... this amendment has been given retrospective effect from april 1, 1962, and, thereforee, would apply to the assessment year 1980-81. ..... 3,49,846 representing transportation charges of goods incurred within india up to the port would rank for the deduction under section 35b of the income-tax act ?' 2. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (2005)(98)ECC321
..... ecc 496 (sc): 2003 (54) rlt 377 (sc) wherein it has been held by the supreme court that provision of section 11a, as amended by finance act, 2000 with retrospective effect from 17.11.1980 are applicable to all pending proceedings; that thus demand is not hit by the time limit specified under section 11 a of the central excise act.4. ..... of easeland combines is not applicable to the facts of present matter, as the retrospective amendment to section 11a(1) of the act does not convert the time bar demand into a demand within the time limit specified in section 11 a(1) of the act. ..... amendment nowhere says that demand can be issued beyond the time limits specified in section 11a(1) of the act ..... the amendment in section 11a was carried out to provide that the demand can be issued even in those cases where ..... classification list effect from 20.3.1990; that the assistant commissioner approved the classification on 24.4.90, classifying the product under sub-heading 7211.30 of the schedule to the central excise tariff act; that on appeal the commissioner (appeals) also rejected their appeal; that the tribunal vide final order no. ..... the demand has been confirmed for the period 26.3.990 to 3.7.91 by issuing a show cause notice dated 7.2.92; that as such the entire demand of duty is beyond normal period of six months specified in section 11 a(1) of the central excise act.3. ..... is whether the demand of central excise duty is time barred under the provisions of section 11a(1) of central excise act.2. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1992)42ITD275(Delhi)
..... section 10 of the compulsory deposit scheme act, 1975 after amendment by finance act, no. ..... year immediately preceding that assessment year at any time (in one sum or in instalments of his choice) before the expiry of the date on which the last instalment of advance taxis payable by him in accordance with the provisions of (section 211 or sub-section (4) of section 209a) or, as the case may be, sub-section (3a) of section 212 of that act; (b) in any other case, at any time (in one sum or in instalments of his choice) before the end of the financial year immediately preceding that assessment year. ..... is required to be made, the date on which the last instalment of advance tax is payable by the depositor in accordance with the provisions of section 211 or, as the case may be, sub-section (13a) of section 212 of the act; (ii) in a case where the depositor is required to make the compulsory deposit on the basis of his estimated current income as defined in clause (c) of sub-section (3) of section 4, the 31st day of march of the financial year immediately preceding the assessment year for which the compulsory deposit ..... 2 of 1980 with retrospective effect from 1-4-1975 has introduced the following words : from this amendment it is clear that "reasonable cause" has been inserted by the legislature with an intent to give relief in a case where there was a real hardship. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1996)(82)ELT504TriDel
..... the assistant collector referred to the amendment in section 4(4)(d)(ii) brought about under finance act, 1982 and held that as per the said amendment also, the exemption notification 201/79 was not to be considered while fixing the basic excise duty for determining the special excise duty (sic) leviable. ..... the said duty is authorised by the relevant section of the finance act which providfes] for the levy of special excise duty with reference to the amount of excise duty chargeable under the central excises & salt act read with any notification for the time being in force in relation to the duty chargeable. ..... 2782/86-d the appellants have relied upon the tribunal decision in indian plywood manufacturing company limited v.collector of central excise, bangalore reported in 1983 (13) e.l.t.1243 wherein it was held that the amendment of section 4(4)(d)(ii) (referred to above) took effect from 1-3-1983 and would have no effect for past period. ..... the tribunal decision relates to proceedings drawn up under a show cause notice dated 22-8-1980 while in the latter the directive of the central board of excise & customs indicating that where an exemption of set off is given under a notification, the special duty of excise is to be calculated first, without applying the exemption notification ..... in the present appeal, the assessments relate to the period [from] june 1980 to february 1982 on the basis of the tribunal decision in the indian plywood case. .....
Tag this Judgment!Court : Delhi
Reported in : 1984(2)ECC30; 1983(12)ELT24(Del)
..... that the expression 'duty of excise' has also been defined by the legislature under clause (c) of the explanationn to section 5 of the central excises and salt additional duties of excise (amendment) act, 1980 which is an act further to amend the act and the additional duties of excise (goods of special importance) act, 1957. ..... section 37 of the finance act, 1978 provides that in case of goods chargeable with duty of excise under the act, as amended from time to time, read with any notification for the time being in force issued by the central government in relation to the duty so chargeable, there shall be levied and collected a special duty of ..... : [1972]83itr346(sc) the supreme court had ruled that the term income-tax occurring in section 2 of the finance act, 1964 included surcharge, special surcharge and additional surcharge wherever provided as they form part ..... of the meaning assigned to the expression 'duty of excise' by clause (b) of sub-section (6) of section 280-zd, it was held in those cases that it is not permissible to include the special duty levied by section 80 of the finance act, 1965 within the expression duty of excise for the purpose of the grant of tax ..... of the exemption notifications grant exemption from so much of the special/additional/auxiliary duty livable thereon under stated sub-section of stated section of the finance act or special act as is in excess of the specified percentage of the duty of excise chargeable under that statutory provision read with .....
Tag this Judgment!Court : Delhi
Reported in : (2005)195CTR(Del)593; 117(2005)DLT733; 2005(80)DRJ365; [2007]290ITR615(Delhi)
..... order that there is no ambiguity left while not allowing exemption to the assessed company, the amendment by finance act 1992 in wt act was also discussed on page 2 of the assessment order. ..... view of the specific mention of the date of 1/4/1994 mentioned in the amendment, the ar's contention that exemption should be allowed in view of the amendment brought about by the finance act 1993 in the a.y. ..... the above it becomes clear that the ar is admitting that it is only on the basis of the amendment brought about by the finance act 1993 applicable from a.y. ..... provisions underlined by us in the above provision were inserted by the finance act, 1993 and made effective from 1.4.1994. ..... to the appellant, in this appeal, under section 27a of the wealth tax act (hereinafter referred to as the act), the question of law as to the scope and meaning of the expression 'land and urban land' chargeable to wealth tax in relation to assets of the assessed for the assessment year 1993-94 under the amended provisions of the act arises for consideration in the present appeal.2. ..... the assessing officer issued a notice under section 17 of the act to the assessed on the ground that during the course of assessment for the assessment year 1994-95 it was noticed that assessed has not disclosed urban land worth crores of rupees held by the assessed as ..... according to the assessing officer, the land was acquired in 1880/1980, possession is taken as on 1.4.1981, thus the assessed is not covered under exception inserted .....
Tag this Judgment!Court : Delhi
Reported in : 1984(17)ELT240(Del)
..... and enjoying both the capacities as collectors of the land customs and collectors of central excise at the time when the aforesaid notification was issued by the central government making appointments under section 4(1) of the customs act, 1962 as collector of customs, inasmuch as if such officers were in existence at that time, the contention and interpretation put forth on behalf of accused persons can have a meaning but not ..... with the duel capacity of collector land customs and collector central excise and only such a collector possessing simultaneously both these capacities could be vested with designation of collector of customs under section 4(1) of the customs act, 1962 necessarily meaning thereby that neither a collector of land customs nor a collector of central excise alone could be appointed a collector of customs under this notification. ..... prosecutions in all these cases were for offences, inter alia, under section 135 of the customs act, 1962 and in terms of section 137 thereof no court shall take cognisance of the said offences without a valid sanction from the collector ..... in exercise of the powers conferred by sub-section (1) of section 4 of the customs act, 1962 (52 of 1962) the central government hereby appoints :- (a) the officers specified below to be collectors of customs within their respective ..... 12/80 dated 25-1-1980 passed by government of india, ministry of finance, department of ..... february, 1963 as amended by notifications no. ..... 1963 as amended by .....
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