Court : Supreme Court of India
..... section 65 (105) (zzm) of the finance act, 1994, contains the definition of airport service (with effect from 01.07.2010) and states that such service is: any service provided or to be provided by airports authority or by any other person in any airport or a civil enclave before the amendment ..... (p) ltd9, where it was stated that under section 67 of the finance act, 1994, not every amount charged by the service ..... section 68 (1) of the finance act provides that every person providing taxable service to any person shall pay service tax at the rate specified in section ..... by virtue of section 67 of the finance act, the basis of charge is ..... , the embarking passengers at an airport, the development fees at the rate as may be prescribed and such fees shall be credited to the authority and shall be regulated and utilized in the prescribed manner, for the purposes of- (a) funding or financing the costs of upgradation, expansion or development of the airport at which the fee is collected; or (b) establishment or development of a new airport in lieu of the airport referred to in clause (a); or (c) investment in the equity in respect of shares to be subscribed ..... learned counsel relied on the following observation in consumer online foundation: the object 8 of parliament in inserting section 22a in the 2004 act by the amendment act of 2003 is to authorize by law the levy and collection of development fees from every embarking passenger de hors the facilities that the embarking passengers ..... 1991 .....
Tag this Judgment!Court : Supreme Court of India
..... section 11(4a) as amended by the finance (no.2) act, 1991 ..... regarding the statutory provisions it was submitted that the words trade, commerce or business in the proviso to section 2(15) of the it act cannot be read in isolation and have to be seen in context of charitable purpose and, even after a series of amendments - from the finance act, 2008 to finance act, 2015 there is essentially, no change in the basis of determination of what amounts to a trade, commerce or business and therefore the tests as laid down in surat art silk (supra) still holds the field to interpret these words ..... 1990; and further amended by the finance (no.2) act, 1991, w.r.e.f. ..... learned senior counsel further relied on the explanatory notes to the provisions of the finance act, 2008, specifically towards amendment made to section 2(15) of the it act, aimed at streamlining the definition of charitable purpose as discussed in para 595 and the ratio visvesvarya technological university ..... it also takes in such property held only 7 section 4 of finance act, 1953 added proviso to section 4(3)(i); it reads as follows: provided that such income shall be included in the total income [(a) if it is applied to religious or charitable purposes without the taxable territories, but in the following cases, namely: (i) where the property is held under trust or other legal obligation created before the commencement of the-indian income-tax (amendment) act, 1953 (xxv of 1953), and the income therefrom is applied to such .....
Tag this Judgment!Court : Supreme Court of India
..... is higher, shall be taken and income-tax thereon shall be calculated at the rates in force in the financial year; (c) where the calculation is made by the assessing officer for the purpose of making an amended order under sub-section (4) of section 210, the total income declared in the return furnished by the assessee for the later previous year, or, as the case may be, the total income in respect of which the regular assessment, referred to in that ..... the memorandum explaining the provisions of the finance bill, 2012 provides necessary context that the amendment was warranted due to the judgements of 19 | pa ge courts, interpreting section 209 (1) (d) of the act to permit computation of advance tax by the assessee by reducing the amount of income-tax which is deductible or collectible during ..... were to hold that the word minerals in sub-section (2)(b) never included processed minerals then the 1991 amendment excepting processed minerals from the exclusionary effect of the sub-section would be rendered meaningless and an exercise in futility ..... the 1991 amendment to section 80-hhc thus conclusively demonstrates that the words minerals and ores must be construed widely and in ..... section 80-hhc has been extended by the amendment to a specific kind of mineral and was introduced for the first time in 1991. ..... the introduction of the phrase other than in clause (b) of sub-section (2) of section 80-hhc in 1991, in our opinion, indicates the carving out of a specific class from the generic class of .....
Tag this Judgment!Court : Delhi
..... the aforesaid paragraphs refer to the amendments made by finance act, 1989 applicable from 1st april, 1991. ..... in other words, where the accounts of each of the eligible business are maintained separately, then the profits of each of the eligible businesses for the purpose of deduction under section 32ab(1) has to be determined separately under section 32ab(3)(a) of the act and merely because there is loss suffered by one eligible business, it cannot be said that the said loss is to be set off from the profits of the other eligible business.16. ..... form duly signed and verified by such accountant: provided that in a case where the assessee is required by or under any other law to get his accounts audited, it shall be sufficient compliance with the provisions of this sub-section if such assessee gets the accounts of such business or profession audited under such law and furnishes the report of the audit as required under such other law and a further report in the form prescribed under ..... for the purchase of any new ship, new aircraft, new machinery or plant, without depositing any amount in the deposit account under clause (a), in accordance with, and for the purposes specified in a scheme (hereafter in this section referred to as the scheme) to be framed by the central government, or if the assessee is carrying on the business of growing and manufacturing tea in india, to be approved in this behalf by the tea board, the assessee shall be allowed a deduction (such deductrion .....
Tag this Judgment!Court : Mumbai
..... shetty (1981) 128 itr 294 (sc) and the subsequent decisions of the high court that the finance act, 1994, amended section 55(2) to provide that the cost of acquisition of, inter alia, a tenancy right would be ..... authority, court or the high court; the assessing officer may refer the valuation of the capital asset to a valuation officer and where any such reference is made, the provisions of sub-section (2), (3), (4), (5) and (6) of section 16a clause (i) of sub-section 24, section 34aa, section 35 and section 37 of the wealth-tax act, 1957 (27 of 1957), shall, with necessary modifications, apply in relation to such reference as they apply in relation to a reference made by the assessing officer under sub ..... value of the asset on the 1st day of april, 1981, at the option of the assessee; (ii) where the capital asset became the property of the assessee by any of the modes specified in sub-section (1) of section 49, and the capital asset became the property of the previous owner before the 1st day of april, 1981, means the cost of the capital asset to the previous owner or the fair market value of the ..... before the assessing officer is that with the promulgation of the development control rules, 1991 (dcr), the assessee society acquired right of putting up additional construction through tdr. ..... the assessee had not incurred any cost of acquisition in respect of the right which emanated from 1991 rules, making the assessee eligible to additional fsi. ..... mangtu ram jaipuria (1991) 192 itr 533 .....
Tag this Judgment!Court : Punjab and Haryana
..... amendment reads as under:- chandigarh administration finance department notification no.22/2/176-utfi(3)-2008/5412- in exercise of the powers conferred upon him under section 22 of the capital of punjab (development and regulation) act, 1952, the administrator, union territory, chandigarh is pleased to make the following rules further to amend the allotment/transfer of built-up booth in any sector on lease/higher purchase basis in chandigarh under rules 1991 ..... , 1989, the licence can be issued to the son or the widow of a handcart licencee, who either died or became incapable to run his business, however, after promulgation of the 1991 rules for allotment of a built-up booth, it was decided not to issue any fresh licence and, as such, the petitioner was not actually eligible for allotment of a booth, not being a handcart licence ..... even though her application was kept pending as there was a proposed amendment in the 1991 rules, to grant benefit to the legal heirs of deceased licensees, the proposed amendment was not approved by the chandigarh administration and, as such, the ..... 1991 rules had been amended on 04.08.2008 to include legal heirs of such persons as had died after submitting the applications under the scheme for allotment of a booth, however, the petitioner would not be entitled to such allotment, in view of the fact that the amendment was to apply only prospectively and that her husband died before formally applying for the booth, hence she was not covered by the amendment .....
Tag this Judgment!Court : Delhi
..... following reasons for the difference between the total income assessed and the income shown in the estimates, which, according to the petitioner, could not have been forseen by the petitioner:- (i) (ii) (iii) (iv) (v) wpc 1113/1991 sales tax payable disallowed u/s 43b disallowance of depreciation and investment allowance on account of retrospective amendment of section 43(1) by the finance act, 1986. ..... it is true that explanation 8 to section 43(1) was inserted by the finance act, 1986 with retrospective effect from 1.4.1974 and consequently the claim for depreciation and investment allowance had to be reduced on certain machinery but then simultaneously deduction for capitalised interest has been allowed in the ..... therefore, when an assessment is completed after the expiry of one year from the date of filing of the return and an assessee applies for waiver/reduction of interest charged under section 215 of the act, what is required to be seen is as to whether the assessee is responsible for causing delay in completion of the assessment. ..... the discretion vested in the assessing officer, under section 215(4) of the act, read with rule 40 is undoubtedly quasi judicial and is coupled with a duty to consider whether the circumstances of the case warrant waiver or reduction of interest. ..... there shall be waiver of interest under section 215 of the said act in favour of the petitioner for the period 12.01.1987 to 18.01.1988.20. .....
Tag this Judgment!Court : Delhi
..... : in this writ petition, the petitioner challenges the retrospectivity of the amendment made to section 115 jb of the income tax act, 1961 by the finance (no.2) act, 2009 by insertion of clause (i) to explanation 1 with retrospective effect from 01.04.2001.2. ..... in view of the forgoing discussion, we hold that the amendment made to explanation 1 to section 115jb of the income tax act, 1961 by the finance (no.2) act, 2009 by insertion of clause (i) with retrospective effect from 1.4.2001 is not ultra vires or unconstitutional.34. ..... the second question which fell for consideration was the validity of the retrospective amendment made to section 80j by the finance (no.2) act, 1980, with effect from 1.4.1972. ..... what section 80j did, when it was amended by the finance (no.2) act, 1980, with retrospective effect from 1.4.1972, was to withdraw the benefit which had already accrued to the assessee as a vested statutory right and it was this kind of retrospective amendment which sought to defeat an accrued statutory right that was perceived to be likely to affect the sanctity of any statutory provision and may create a state of confusion. ..... , (1991) 187 itr 517.a division bench of the high court conceded that a taxing statute which validates the imposition of a tax earlier held invalid by a court of law or an amendment to remove the lacuna and clarify the legislative intent, even if it is enacted retrospectively can be considered as justified. .....
Tag this Judgment!Court : Chennai
..... the main contention of the learned counsel for the revenue / appellant is that the tribunal was incorrect in holding that the deduction granted to assessee under section 80hhc is valid in law, even though the amendment made by the finance act no.2 of 1991, introducing schedule ii is effective only from the assessment year 1991-1992 and that the amendment is retrospective in nature. 8.1. ..... that, the revenue has preferred the appeal raising the following substantial questions of law:- "(i) whether on the facts and in the circumstances of this case, the tribunal was correct in holding that the deduction under section 80 hhc granted to the assessee, even though the amendment made by the finance act 2 of 1991 introducing schedule xii is effective from the assessment year 1991-1992 only is valid in law? ..... the contention of the revenue that the amendment made by finance act no.2 of 1991 introducing schedule xii is effective only from the assessment year 1991-1992 and in respect of the earlier years, the granite is covered only by the provisions of section 80hhc (2) (b) (ii) of the act, was rejected. ..... the tribunal came to the conclusion that the amendment made through finance act no.2 of 1991 and the circular dated 01.11.1995 was retrospective in effect.8. ..... commissioner of income tax) wherein it was held that the cut and polished granite would also be a mineral and export thereof would not qualify for the special deduction under the un-amended section 80hhc (2)(b) of the act. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
..... section 292bb as inserted by finance act 2008 reads as under: 292bb where an assessee has appeared in any proceeding or cooperated in any inquiry relating to an assessment or reassessment it shall be deemed that any notice under any provision of this act which was required to be served upon him has been duly served upon him in time in accordance with the provisions of this act and such assessee shall be precluded from taking any objection in any proceeding or inquiry under this act ..... section was inserted by finance act ..... mentioned judgment of the hon'ble delhi high court, it is held that though notice u/s 143(2) of the it act was not served by the ao during the course of the assessment proceedings, the action of the ao making assessment u/s 143(3) read with section 147 of the it act is found to be fully justified and the appeals are decided against the assessee. ..... case of service/ defective service rather it is a case of non-issue of notice, secondly he argued that provisions of section 292bb are applicable from assessment year 2008-09 as has been held by jurisdictional high court in the case of cit vs ..... he further argued that finance act 2006 with retrospective effect from the 1st october, 1991 has provided that where return has been furnished u/s 148 during the period commencing on 1st october, 1991 and ending on 1st september, 2005 the reassessment proceedings shall not be invalid because the notice was not served u/s 143(2) before ..... craves leave to add, amend or alter any of ..... amendment .....
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