Court : Guwahati
..... than 12 residential units, by engaging a contractor for construction of such residential complex, the contractor shall be liable to pay "service tax" on the gross amount charged for the construction services provided, to the builder/promoter/ developer under "construction of complex" service falling under section 65(105)(zzzh) of the finance act, 1994.if no other person is engaged for construction work and the builder/promoter/developer undertakes construction work on his own without engaging ..... and interest in the construction continue to remain with the petitioner, it cannot be said that the constructions were undertaken for and on behalf of the prospective allottees and, therefore, the constructions in question undertaken by the petitioner would not fall under clause (m) of section 2 read with section 3f of the act and are outside the purview of the provisions of the act. ..... until the time the sale deed is executed, the title and interest, including the ownership and possession in the constructions made, remain with ..... are entitled to seek specific performance of the contract and there is an obligation, on the part of the petitioner-company, to refund any part of money received together with interest if possession is not handed over to the prospective buyers in time. ..... the petitioners acquire all the rights, title, interest and advantages of the owners including the entitlement to sell, transfer, deal with, dispose of all the premises and areas in the building or structures to be .....
Tag this Judgment!Court : Guwahati
..... the apex court answered the question in the negative holding that in view of the provisions of section 32(4) of the finance act, 1978, the source of power to exempt the special duty would be traceable to rule 8(1) read with section 32(4) of the finance act, 1978 which would require the exemption notifications to recite and record the said facts. ..... enumeration of the development in this particular sphere of law with specific reference to the leading pronouncements of the apex court including the cases of motilal padampat and godfrey philips.in nestle india limited, a decision to abolish purchase tax on milk imposable under the provisions of the punjab sales tax act was announced by the chief minister of the state at a state level function. ..... in the present case, it is not the stand of the union that it should be allowed to alter its industrial policy resolution on ground of superior public interest or for any other sufficient cause. ..... by this court that there has been no attempt on the part of the union to satisfy the court that it should be allowed to recall its promise or resile from the same on the ground of better equities or superior public interest.11. ..... such a proposition would not 'fall foul of our constitutional scheme and public interest. ..... or argued on behalf of the union to enable the court to come to the conclusion that the union should be allowed to recall its promise and resile from the same either on the ground of better equities or superior public interest. .....
Tag this Judgment!Court : Guwahati
..... sub-section (3) reads i ' (3) income-tax shall be charged on the amount of the voluntarily disclosed income-- (a) where the declarant is a person other than a company, at the rates specified in paragraph a, and...of part i of the first schedule to the finance act, 1965 (10 of 1965), as if such, amount were the total income of the declarant so, however, that-- (i) the proviso to the said paragraph a or, as the case may be, the second proviso to the said paragraph f shall not apply ;(ii) where ..... (iii) whether the claim of an assessee that the credit entries reflected in his books of account are money respresenting the earned income of ' a declarant ' who made voluntary disclosure under the finance act is open to investigation by the revenue in order to examine the correctness of the explanation of the assessee whether the production of the declaration and certificate under section 24(15) of the finance act that the declarant voluntarily disclosed the amounts under the act precludes the i.t. ..... the tribunal held that neither section 68 of the finance act, 1965, nor section 24 of the finance (no. ..... in our opinion, the answer to the question posed depends entirely on the interpretation of the provisions contained in the act and in particular section 24 of the finance act. .....
Tag this Judgment!Court : Guwahati
..... avoiding unnecessary or avoidable discussion, straightaway it may be pointed out that section 31 of the assam finance (sales tax) act, 1956, does not provide for trial of an offence under the act or its investigation or inquiry for the purposes of trial and conviction. ..... yet another submission which has been made is that according to the findings recorded by the learned single judge, no offence was made out under the assam finance (sales tax) act, 1956 and the police authorities had taken action on suspicion, the records otherwise would not justify such seizure, unless it was clearly indicated as to what offence was committed and made out by the petitioner/ ..... the appellant was, however, served with a notice dated february 17, 1990, under section 31(1) of the assam finance (sales tax) act, 1956 (hereinafter to be called as 'the act'), requiring the appellant to produce the accounts, etc. ..... a copy of the seizure memo, dated february 27, 1991 has been filed as annexure viii to the memorandum of appeal, indicating seizure of 43 documents, witnessed by two witnesses. ..... 5, the superintendent of taxes attached to the bureau of investigation (economic offences) and the inspector of police, bieo, rehabari, guwahati, they seized the account books of the appellant on february 27, 1991 on the basis of suspicion of evasion of taxes. ..... 2810 of 1991.2. .....
Tag this Judgment!Court : Guwahati
..... on comparison of the provisions of section 20a of the assam finance (sales tax) act, 1956 and section 253 of the income-tax act, 1961, it is found that under the assam finance (sales tax) act, the right of appeal has been given to the dealer only and not to the taxing authority. ..... comparing the provisions of sub-section (4) of section 20a of the assam finance (sales tax) act and the provisions of sub-section (1) of section 254 of the income-tax act, it is found that in disposing of an appeal, the board has to give the dealer only an opportunity of being heard and then it has to pass such orders thereon as it thinks fit and it has the duty to communicate the appellate ..... that being the position, in the instant case, if the board deemed it necessary, it could have remanded the appeal to the assistant commissioner of taxes for disposal of the appeal in accordance with law drawing particular attention of the assistant commissioner of taxes to the provisions of sub-section (3) and sub-section (4) of section 19 of the assam finance (sales tax) act, 1956.25. ..... thus it is found that in an appeal before the board as provided under section 20a of the assam finance (sales tax) act the department does not come into the picture though for the ends of justice and in compliance with the principles of natural justice the department is also usually heard in an appeal before the board.18. ..... commissioner of income-tax [1978] 112 i.t.r. ..... [1978] 112 i.t.r. ..... [1978] 112 i.t.r. ..... [1978] 112 i.t.r. .....
Tag this Judgment!Court : Guwahati
..... senior counsel appearing for the respondents that the provisions of section 51 of the finance act, 1982 are not in pari materia with that of the provisions of section 154(3) of the finance act, 2003, in view of inclusion of the expression 'omitted to be done' in section 154 which expression is missing in section 51, although the same may have a bearing on the ..... referring to the impugned order dated 6.6.2003 passed by the deputy commissioner in terms of section 154 of the finance act, 2003, it found that the relief granted in writ appeal was no longer available to the petitioner in view of ..... pan masala containing tobacco.6.6.2003 : impugned order issued by the deputy commissioner, central excise, guwahati against the petitioners relying on section 154 of the finance act, 2003 ordering refund and rejecting claim for refund as follows :(i) recovery of an amount of rs. ..... effect to the amendments of rules 9 and 49 of central excise rules, 1944 was brought about and which is pari materia to the provisions of section 154 of the finance act, 2003, such retrospective operation cannot override the express provisions of section 11a and in the instant case the petitioners having not been issued with any notice before passing the impugned order dated 6.6.2003 and this position having ..... sub-section (5) of section 39 of the act vests a discretion in the appellate authority to entertain the appeal if it is field within sixty days and the amount of tax assessed along with penalty and interest, if any .....
Tag this Judgment!Court : Guwahati
..... saraf further submits that the assam industries (sales tax concessions) scheme, 1995, having been framed in exercise of powers under section 9(4) of the assam general sales tax act, 1993, to give effect to the 1991 industrial policy of the state of assam, the impugned scheme/notification, dated august 16, 1995, issued by the finance department, government of assam, is bad in law in so far as the same is repugnant to the industrial policy adopted by state government.7. ..... . in kasinka trading : 1994ecr637(sc) , the apex court was required to consider the question as to whether the notification issued under section 25 of the customs act, 1962, granting complete exemption from payment of customs duty to pvc resin imported into india by manufacturers of certain products requiring the said resin as one of the raw materials, which was issued in public interest and which had stated that the exemption would remain in force up to march 31,1981, could be withdrawn ..... . : air1997sc3910 , that the decision in kasinka trading : 1994ecr637(sc) , is not an authority for the proposition that even if a claim of exemption from import duty was resorted to in public interest by way of an incentive for a class of importers, though such public interest continued to subsist during the currency of such exemption notification and even though the promisee, for whose benefit such exemption was granted, had changed their position relying on the said exemption notification, it could .....
Tag this Judgment!Court : Guwahati
..... the case of the petitioner is that vide, annexure-i, dated january 28, 1993, the superintendent of taxes directed the petitioner to make a payment of security money under section 7(1) of the assam finance (sales tax) act, 1956 to the tune of rs. ..... the revisional authority has failed to examine the plea that the security deposit made by the petitioner was under the assam finance (sales tax)/central sales tax act and the assam finance (sales tax) act has ceased to exist.7. ..... 5,000 deposited by the petitioner on april 7, 1993 and april 27, 1993 were additional adjustable security under the assam finance (sales tax)/ central sales tax act, as were applicable under the relevant time and the petitioner was entitled to adjust the above amount against the sales tax paid by him for that period. ..... petitioner has filed copies of challans, annexure 3 which show the deposit of the security and in both the challans it is clearly stated that the payment has been made on account of adjustable security under the assam finance (sales tax) act/central sales tax act. ..... the impugned order passed by the assessing authority in levying interest and the subsequent order of rejection of the revision petition are hereby set aside. ..... as the said amount was already lying with the concerned department, the petitioner is also not liable to pay interest as demanded by the respondent-authority. ..... 62,121 and levied penal interest to the extent of rs. ..... the petitioner shall however will not be liable to pay interests. .....
Tag this Judgment!Court : Guwahati
..... 15 crores on 1.4.1993 would be entitled to the facilities of sales tax exemption on the purchase of raw materials for a period of seven years from 1.4.1993 in accordance with clause 10.4(i)(b) of the industrial incentive policy, 1993 and whether the notification issued by the government of bihar dated 2.4,1994 in exercise of power under section 7 of the bihar finance act to the extent it indicates 'who has not availed of any facility or benefit under any industrial promotion policy' is valid as ..... 32/99-central excisegsr(e) - in exercise of the powers conferred by sub-section (1) of section 5a of the central excise act, 1944 (1 of 1944), read with sub-section (3) of section 3 of the additional duties of excise (goods of special importance) act, 1957 (58 of 1957) and sub-section (3) of section 3 of the additional duties of excise (textile and textile articles) act, 1978, (40 of 1978), the central government, being satisfied that it is necessary in the public interest so to do, hereby exempts the goods specified in the first schedule and the second ..... court further held that the said decision is not an authority for the proposition that even if a claim of exemption from import duty was resorted to in public interest by way of an incentive for a class of importers and even though such public interest continued to subsist during the currency of such an exemption notification and that promises for whose benefit such exemption was granted had changed their position relying on the .....
Tag this Judgment!Court : Guwahati
..... to put it differently, firstly, there is no provision made to levy/ charge interest in the finance act, 2003: secondly, substantive provision relating to levy/ charging of interest from central excise act is not made applicable to finance act, 2003 and thirdly, by virtue of section 157(3), only provisions relating to penalty, refund and exemption contained in central excise act are made applicable to finance act, 2003. ..... the provision relating to interest in the latter part of section 9(2) can be employed by the states sales tax authorities only if the central act makes a substantive provision for the levy and charge of interest on central sales tax and only to that ..... assessing authority therefore, raised a demand for payment of interest at the rate of 24 % per annum under section 35 a of the assam sales tax act 1947(for short called - ast act). ..... being no substantive provision in the central act requiring the payment of interest on central sales tax the states sales tax authorities cannot, for the purpose of collecting and enforcing payment of central sales tax, charge interest thereon. 14. ..... our view, it was for the reason that supreme court while interpreting the expression charging or payment of interest occurring in section 9 of central sales tax act has held that section 9 is only a procedural provision notwithstanding use of this expression in section 9 but not a substantive provision and hence, no recovery of interest could be made on the basis of such procedural provision. .....
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