Court : Andhra Pradesh
Reported in : (1995)123CTR(AP)576; [1995]213ITR668(AP)
..... the act of 1987, as it stood prior to the amendment act of 1991, was enacted to provide for the levy of a tax on expenditure incurred in certain ..... clause (9a) inserted by the amendment act in section 2 defines 'restaurant' in the following terms (see : [1991]191itr260(all) : ''restaurant' means any premises, not being a restaurant situated in a hotel referred to in clause (1) of section 3, in which the business of sale of food or drink to the public is carried on and such premises, at the beginning of any month, are equipped with, or have access to, facilities for air-conditioning.' 6 ..... it was violative of article 14 in that the classification of hotels for the purpose of imposition of tax was arbitrary and unintelligible without any rational nexus with the taxing policy, and (iii) the act was violative of the fundamental right guaranteed under article 19(1)(g) as it imposed unreasonable and onerous restrictions on the petitioner-hoteliers to carry on their business. ..... the second contention is based on article 14; air-conditioned restaurants unconnected with any hotel are brought within the sweep of the act while the separate expenditure incurred in air-conditioned restaurants situated within the premises of a hotel where the daily room tariff for residential accommodation is more than ..... the amendments brought about by the finance (no. ..... constitutionality of the amendments made to sections 2 - 5, 7 and 15 of the expenditure tax act, 1987 (for short, 'the act'), by the finance (no. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 207(2007)CCR584; [2006]287ITR75(AP)
..... 2) act, 1991, which was added by way of an amendment after the assessment order in question ..... (1) where an assessee, being an indian company or a person (other than a company) resident in india, is engaged in the business of export out of india of any goods or merchandise to which this section applies, there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee, a deduction to the extent of profits, referred to in sub-section (1b) derived by the assessee from the export of such goods or merchandise ; ....4. ..... learned counsel for the assessee has drawn our attention to clause (baa) of the explanation to section 80hhc of the act inserted by the finance (no. ..... the high court held (headnote):under section 80hhc of the income-tax act, 1961, the assessee who is engaged in export business is allowed, in computing the total income, a deduction out of the income derived from the export of such goods ..... the reasons given hereinabove, we are of the view that the tribunal was wrong in giving the benefit under section 80hhc of the act, and in computing the income of rs. ..... the income was sought to be included under the head 'profits and gains of business' and computed in terms of section 80hhc of the income-tax act, 1961 (for short 'the act'). ..... .4 lakhs was includible under the head 'profits and gains of business' and were to be taken into consideration for computing deduction under section 80hhc of the income-tax act, 1961 ?2. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(2)ALT725
..... (iii) in any event, section 5-c of the act does not cover the clubs; and(iv) assuming that the constitution (forty-sixth amendment) act 1982 covers the clubs, unless the relevant provisions of the act are also suitably amended, the clubs cannot be taxed under the said act.5. ..... union of india, (1985) 58 stc 241 , has contended thus;-(i) even after the constitution (forty-sixth amendment) act 1982, the unincorporated clubs cannot be taxed as there is no transfer of goods to the members by the clubs;(ii) assuming that the incorporated clubs are covered by the forty-sixth amendment act 1982, they cannot be taxed as they are not carrying on any business' within the meaning of section 2(bbb) of the act. ..... , (1991) 83 stc 197 and contended that the constitution (forty sixth amendment) act, 1982 merely gave the state legislatures competence to levy a tax on the supply of goods by unincorporated clubs to its members and, without bringing an appropriate legislative measure by the state in conformity with such competence, the clubs are not liable to pay tax under the act. ..... , (1991) 83 stc 197), the tribunal was dealing with the bengal finance (sales tax) act, 1941 where there is no specific provision, deeming the supply of goods to members of unincorporated clubs to be 'sales'. ..... the source of finance of the petitioner is subscriptions paid by members and also by donations. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1990)89CTR(AP)136; [1991]187ITR246(AP)
..... that there is no difficulty in the court passing the sentence of imprisonment and fine in the case of a company, but ex facie such an order which is contemplated by the section will not be passed as the sentence, so far as the imprisonment is concerned, cannot be executed; but that does not mean that the company is granted exemption from indictment. ..... it is also worthy of note that section 278b was incorporated in the income-tax act through the taxation laws (amendment) act, 1975, with effect from october 1, 1975, so as to place the matter beyond all controversy in cases where the offence is ..... then was), speaking for the full bench, observed that, by a simple rule of interpretation, a company, as contemplated by section 17, is covered for the purpose of prosecution under section 16(1) of the act, that the history of section 16 also shows the legislative stringent that the idea of the legislature was to make punishment more stringent and not to create an ..... these two appeals give rise to the twin questions of law, namely : '(i) whether a company, being a juridical person, is liable for prosecution for an offence under the provisions of the income-tax act and (ii) whether a company, being a juridical person and incapable of being put to bodily punishment like sentence of imprisonment, can be sentenced to fine only though the punitive provision in the tax law contemplates ..... decision of the full bench of that high court and also to the later decision in pnb finance and industries ltd. ..... 1991 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(3)ALD253; 2001(2)ALT570; (2003)179CTR(AP)177
..... tanvi trading and credits private limited, 1991 itr 307 which approved the decision of the delhi high court (see : [1991]188itr623(delhi) ), as follows (page 446 of 230 itr): 'sub-section (4) was inserted in section 269-uc by the finance act, 1995, with effect from july, 1, 1995. ..... the objects and reasons of the bill which was enacted as finance act, 1995, also do not give an indication that by inserting sub-section (4) in section 269 uc parliament intended to confer a power on the appropriate authority to go into the legality or validity of the agreement'.11. ..... chapter xx-c containing sections 269u to 269uo was inserted by the finance act, 1986 providing for purchase by the central government of immovable properties in certain cases of transfer in replacement of the provisions of chapter xx-a containing sections 269a to 269s, relating to acquisition of immovable properties in certain cases of transfer to counteract tax evasion. ..... appropriate authority and others (supra), observed:'we need not go into the precedential value of the above decision, as we are bound by the decisions of this court, which clearly lay down that the appropriate authority acting under section 269-ud cannot go into the legality of the agreement before him and his only power is to make an order of purchase for the central government or grant a 'no objection certificate'.13. ..... section 269-uc, as it stood before the said amendment of 1995, came up for consideration before the various highcourts. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2001]116TAXMAN749(AP)
..... [1991]188itr623(delhi) ), as follows (page 446 of 230 itr) :sub-section (4) was inserted in section 269uc by the finance act, ..... the objects and reasons of the bill which was enacted as finance act, 1995, also do not give an indication that by inserting sub-section (4) in section 269uc parliament intended to confer a power on the appropriate authority to go ..... chapter-xx-c containing sections 269u to 269uo was inserted by the finance act, 1986 providing for purchase by the central government of immovable properties in certain cases of transfer in replacement of the provisions of chapter xx-a containing sections 269a to 269s of the act, relating to acquisition of immovable ..... :'we need not go into the presidential value of the above decision, as we are bound by the decisions of this court, which clearly lay down that the appropriate authority acting under section 269ud cannot go into the legality of the agreement before him and his only power is to make an order of purchase for the central government or grant a no-objection certificate.' (p. ..... it abundantly clear that the only two options available to the appropriate authority on receipt of the statement under sub-section (3) of section 269uc of the act in respect of immovable property, are either to make an order for purchase by the central government of such immovable property at an amount equal to the amount of apparent consideration shown in the agreement or to ..... section 269uc, as it stood before the said amendment of 1995, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006[]STR75
..... information technology service' means any service in relation to designing, developing or maintaining of computer software, or computerized data processing or system networking, or any other service primarily in relation to operation of computer systems.section 65(19), as amended by finance act, 2004 with effect from 10-9-2004, reads thus :-business auxiliary service' means any service in relation to :-(i) promotion or marketing or sale of goods produced or provided by or belonging to the client; ..... in this writ petition, the petitioner seeks a declaration that section 65(19) of the finance act, 1994, as amended by the finance act of 2003, has no application to the petitioner's service namely 'registrar and transfer agency ..... the show cause notice was issued after strictly construing section 65(19) of the finance act, 2003, that the functions of the registrar and share transfer agent is a service rendered which is in the nature of incidental or auxiliary support service rendered in ..... transfer agent, is in the nature of incidental or auxiliary support service in the sale of goods (securities) belonging to the client and falls within the purview of section 65(19)(iv) of the finance act, 2003, that the impugned show cause notice merely demanded service tax on service charges collected by the petitioner towards such services rendered from 1-7-2003 to 31-1-2004, that .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (2005)186CTR(AP)451; 2005(185)ELT236(AP); 2006[3]STR565
..... to validate the imposition of the said tax and also in furtherance of rectifying the defects in law pointed out by the supreme court, the parliament amended sections 68 and 70 retrospectively and a new section 71a was inserted in finance act of 1994 to validate the collection of service tax from the users of goods transport operator services for the period from 16.7.1997 to 1.6.1998. ..... in sub-clauses (g), (h), (i), (j), (k), (l), (m), (n) and (o) of clause (41) of section 65 which are provided to any person by the person responsible for collecting service tax.sections 65(7), 65(18a) and 65(18b) of finance act, 2000 reads as under:section 65(7) : 'assessee' means a person liable for collecting the service tax and includes-(i) his agent; or(ii) in relation to services provided by a clearing and forwarding agent, every ..... transport operator' means any commercial concern engaged in the transportation of goods but does not include a courier agency.section 65(41)(m): 'taxable service' means any service provided (a) xx xx xx (b) xx xx (c) xx xx xx (m) to a customer, by a goods transport operator in relation to carriage of goods by road in a goods carriage.section 66(3) : 'with effect from the date notified under section 84 of the finance act, 1997 (26 of 1997), there shall be levied a service tax at the rate of five per cent of the value of the taxable services referred to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1996)136CTR(AP)321; [1996]221ITR561(AP)
..... the question as to the exact meaning of the explanation to sub-section (7)(d) of section 2 of the finance act, 1966, came up for consideration and the board are advised that an 'industrial company' would mean - (i) a company which is mainly engaged in the business of generation or distribution of electricity or any other form of power or in the construction of ships or ..... interpreting the said definition, the division bench observed as follows (page 811) : 'for holding that the assessee in an 'industrial company' as defined in section 2(6)(c) of the finance act, 1969, it must be held that it is 'mainly engaged in the processing of goods'. ..... the division bench was concerned with the definition of 'industrial company' contained in section 2(6)(c) of the finance act, 1969, which is in pari materia as the definition under consideration. ..... proper question on these facts should be 'whether the assessee-company is an 'industrial company' within the meaning of section 2(7)(c) of the finance act, 1978;' and accordingly we reframe the question as noted above. 10. ..... before we construe the definition of the 'industrial company' in section 2(7)(c) of the finance act, 1978, it would be useful to notice the findings of fact recorded by the tribunal. ..... reads : 'interpretation of the term 'industrial company' as given in the explanation to sub-section (7)(d) of section 2 of the finance act, 1966. '.... ..... may be appropriate to note here the provisions of section 2(7)(c) of the finance act, 1978 : '2(7)(c). .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (2008)220CTR(AP)28; (2008)17VST128(AP)
..... , chit fund fall within the mischief of expression 'cash management', as amended under sub section 12 of section 65 of the finance act, 2007 and consequently under the impugned circular issued by the respondents is valid?10 ..... under the finance act, 2007, which came into effect from 1.6.2007, the sub-clause 5 of section 65(12) of finance act, 1994 was amended with the deletion of the expression 'it does not include cash management' ..... venkata ramana, learned senior counsel appearing on behalf of the petitioner mainly contended that merely because of deletion of certain expressions under the aforesaid sub clause (12) of section 65 of the finance act, 2007, the nature of business done by the petitioner cannot be roped in, as long as the levy is not made specifically in respect of such transactions in clear ..... petitioners specifically raised a plea in the affidavit filed in support of the writ petition that at the time of introduction of the service tax before 1994 or later when the finance act has undergone amendment and during the discussions of the budget proposals, no indication was given by the finance minister to extend the provisions of service tax to the chit funds business. ..... further, it has been pointed out that as per section 41(1) of the reserve bank of india act, 1934, chit funds are categorized as financial institutions and therefore sub clause 12 of section 65 of the finance act, 2007 by deletion of expression 'cash management' attracts the levy of service on chit fund .....
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