Court : Supreme Court of India
Reported in : AIR1997SC1708; 1997(58)ECC1; 1997(90)ELT3(SC); JT1997(1)SC729; 1997(1)SCALE484; (1997)2SCC577; [1997]1SCR541
..... there was no levy for a long period of time of special excise duty until it levied with effect from 1st march, 1978, under the provisions of section 37 of the finance act, 1978, which read thus:(1) in the case of goods chargeable with duty of excise under the central excise 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 ..... for the period 1st march, 1987, until 28th february, 1988, special excise duty had been levied under a provision in the finance act, 1987, similar to that quoted, but during this period, by reason of a notification issued under the provisions of rule 8 of the central excise rules with simultaneous effect, there was a ..... under the terms of the finance acts, special excise duty is so levied as to cease to have effect at the ..... being levied from 1963 upto 1971 by various finance acts passed from time to time. ..... the provisions of these finance acts, insofar as the levy of special excise duty ..... the said goods manufactured by the appellants prior to 28th february, 1988, and cleared after 1st march, 1988, were not liable to the fresh special excise duty levied by the finance act, 1988. ..... in force on the date on which duty is paid or, if the duty is paid through an account-current maintained with the collector under rule 9, on the date on which an application in the proper from is delivered to the officer-in-charge of the warehouse from which the goods were removed. .....
Tag this Judgment!Court : Gujarat
Reported in : (1964)0GLR746; [1965]56ITR621(Guj)
..... the newly added sub-section (4) could not be relied upon by the revenue for reviving the right of the income-tax officer to take action in such cases, because that sub-section operated to revive the right to reopen assessment which was barred by reason of the expiration of the period of eight years specified in sub-section (1)(a) before its amendment by the finance act, 1956, and not by reason of the expiration of the outside limit of 31st march, 1956, specified in sub-section (1a). ..... the effect of this provision was that even if the right of the income-tax officer to reopen an assessment under sub-section (1)(a) as it stood prior to its amendment by the finance act, 1956, was barred by reason of the expiration of the period of eight years at the date when the amendment came into force, the income-tax officer could, after the amendment, issue notice at any time for reopening such assessment under sub-section (1)(a). ..... belan, that once the right of the income-tax officer to proceed under sub-section (1)(a) as it stood prior to its amendment by the finance act, 1956, was barred by reason of the expiration of the period of eight years, it was not revived by the deletion of the time-limit of eight years from sub-section (1)(a). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2009)222CTR(SC)209; [2009]310ITR105(SC); JT2009(4)SC39; 2009(3)SCALE16; (2009)13SCC315; [2009]178TAXMAN285(SC)
..... reading section 2(1) of the finance act, 2001, it is clear that the term `income tax' as used in section 2(1) and proviso to section 2(3) of the said act did not include the amount of surcharge ..... parliament was aware of rate of tax prescribed by section 113 and yet in the various finance acts, parliament has sought to levy surcharge on the tax in the case of block assessment. ..... section 4(1) prescribes the subject matter of the tax and the rate of that tax is prescribed by the legislature, either under the act as in the case of section 113 or vide the finance act ..... the rate at which a charge on the total income of the previous year is imposed under section 4(1) of the act is not laid down in the income tax act and, therefore, the said section provides that the charge has to be fixed by the central act. ..... in order that the charge should be a legal charge under section 4, it must be a tax on the income of the assessee ..... in the present case, the assessing officer has applied the rate of surcharge at 17% which rate finds place in para a of part i of schedule i to the said finance act of 2001, therefore, surcharge leviable under finance act was a distinct charge, not dependent for its leviability on the assessee's liability to pay income tax but on assessed tax.13. ..... if the charge is the tax on anything else, then it would not be a valid charge. ..... so long as the charge is on `total income' of the previous year, there is no limitation upon the power or authority of parliament to fix any rate if .....
Tag this Judgment!Court : Chennai
Reported in : [1979]119ITR830(Mad)
..... statement enclosed with the return might be deleted as, according to it, the provisions of section 40(c)(iii) of the act, introduced by the finance act of 1963, was applicable only for 1963-64 (assessment year) and not for the ..... what the assessee contended before the income-tax authorities and before the tribunal and what was accepted by the aac and the tribunal was that on the 1st of april, 1964, the new provision inserted by section 10 of the finance act of 1964 had come into force and it is only ..... considered is whether there is anything in the language of section 40(c)(iii) which would indicate that the provision, as brought in by the finance act of 1963, continued to be in force up to 29th ..... manner, then it would be clear that section 40(c)(iii) would control the payment of the remuneration after 28th february, 1963, and before the new provision under the finance act of 1964 provided the contrary. ..... under section 40(c)(iii), as it was inserted by section 6 of the finance act of 1963, there is a specific provision which says that any expenditure resulting directly or indirectly in the provision of any remuneration or benefit or amenity to an employee, who was a citizen of india, to ..... section 10 of the said finance act provided as follows :' for sub-clause (iii) of section 40(c), the following sub-clause shall be substituted, namely :-- '(iii) any expenditure incurred after the 29th day of february, 1964, which results directly or indirectly in the provision of any benefit .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC3020; (2005)4CompLJ440(SC); (2005)194CTR(SC)428; 2005(99)ECC377; 2005(182)ELT33(SC); [2005]274ITR194(SC); JT2005(Suppl3)SC389; (2005)4SCC214; 2006[3]STR608; 200
..... '66(3) with effect from the date notified under section 84 of the finance act, 1997, there shall be charged a service tax at the rate of five per cent of the value of the taxable services referred to in sub-clauses (g), (h), (i), ..... :'during the period commencing on and from 16th day of july, 1997 and ending with the 16th day of october 1998, the provisions of chapter v of finance act, 1994, as modified by section 116 of the finance act, 2000, shall have effect subject to the following further modifications, namely; -(a) in section 68, in sub-section (1), the following proviso shall be inserted at the end and shall be deemed to have been inserted on and from the 16th day of july, 1997, namely,: -provided ..... was issued exempting services provided by goods transport operators from the levy of service tax altogether and by the finance act, 1998 all provisions in the finance act, 1994 including section 65 (41) sub-clause (m) relating to the levy of service tax on services provided by goods transport operators were omitted with effect from 16th ..... the same transaction may involve two or more taxable events in ..... : [2004]266itr721(sc).c) apart from passing the test of legislative competency, the act must be otherwise legally valid and would also have to pass the test of constitutionality in the sense that it cannot be in violation of the provisions of the constitution nor can ..... union of india : [2004]267itr9(sc) which was a case where the levy of service tax was challenged by owners of kalayan .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi107; [1971]28STC21(Delhi)
..... the amendment of 1959 was not concerned with section 6(2) at all except incidentally section 2(b) of the bengal finance (sales tax) (delhi amendment) act 1959 substituted the words 'central government' for the words 'state government' everywhere in the bengal finance (sales tax) act 1941 except in sub-section (3) of section 25 thereof. ..... ' (33) the amendment of section 6(2) by the bengal finance (sales tax) (delhi amendment) act 1959 was not an amendment which changed the provisions of the bengal finance (sales tax) act 1941 with a view to cure the validity of the modification made in section 6(2) by the government in 1957. ..... (1) the nature of the power to modify the bengal finance (sales tax) act 1941 must be deter- mined entirely with reference to the language of section 2 of the union (territories laws) act 1950 which conferred the power on the central government. ..... the failure to give the prescribed notice of three months before the withdrawal of the exemption being in contravention of the original section 6(2) of the bengal finance (sales tax) act 1941 the said withdrawal of exemption was, thereforee, void. ..... (9) the defense by the government and the sales tax commissioner to the above grounds urged by the petitioners was as follows :- (1)the impugned modification of section 6(2) of the bengal finance (sales tax) act 1941 was covered by the authority given by section 2 of the union territories (laws) act 1950. .....
Tag this Judgment!Court : Mumbai
Reported in : [1979]118ITR609(Bom); [1979]1TAXMAN393(Bom)
..... the headnote of the aforesaid supreme court decision may be fully set out : 'all that the second proviso to paragraph d of part ii of schedule i to the finance act, 1959, provides for is that if there is any unabsorbed reduction of rebate in the assessment year 1958-59, then that can be taken into consideration while allowing rebate in the assessment year 1959-60 ..... 27,144 in the assessment year 1957-58, it had suffered a loss for the assessment year 1958-59 and no corporation tax was leviable for that year, and in the assessment year 1959-60 it was entitled to a rebate of rs. ..... in the view of the tribunal, the determination of the figure did not depend upon the actual liability to tax in the relevant assessment years earlier to the assessment year in question. ..... 66(1) of the indian income tax act, 1922, and the question referred to us is as follows : 'whether, on the facts and in the circumstances of the case, it has been rightly held that the rebate of rs ..... accordingly, the withdrawal of the corporation tax rebate was carried forward and given effect to in the assessment year in question ..... in his assessment order for the assessment year 1959-60, the ito worked out the rebate of corporation tax allowable to the assessee at rs. ..... the assessee carried the matter in second appeal to the income-tax appellate tribunal. ..... by this order of the ito, the assessee carried the matter in appeal to the aac, who rejected to contention of the assessee and upheld the withdrawal of rebate of super-tax of rs. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC1022; (1961)63BOMLR218; [1960]40ITR189(SC); [1960]3SCR873
..... high court compressed the three questions into one, and it reads : 'whether additional income-tax has been legally charged under clause (ii) of the proviso to paragraph b of part i of the first schedule to the indian finance act, 1951, as applied to the assessment year 1953-54 by the indian finance act, 1953, read with section 3 of the indian income-tax act ? ..... our opinion, the provision of the finance act travels beyond the ambit of section 3, and if parliament has done so then no effective charge can be made on the total income of the previous year of the assessee under the provisions of the finance act which deals with additional tax on excess dividend.' 7. ..... is in the negative whether the said provisions go beyond the ambit and scope of the indian income-tax act (iii) whether additional income-tax can be levied, assessed and recovered under the provisions of the indian income-tax act (iv) whether at any rate the additional income-tax has been legally charged under the indian finance act, 1953, read with the indian income-tax act ?' 5. ..... at a fixed rate) declared in respect of the whole or part of the previous year for the assessment for the year ending on the 31st day of march, 1953, and no order has been made under sub-section (1) of section 23a of the income-tax act, a rebate shall be allowed at the rate of one anna per rupee on the amount of such excess; (ii) where the amount of dividends referred to in clause (i) above exceeds the total income as reduced by seven annas in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC303; 1999(1)BLJR14; JT1998(8)SC2; 1998(6)SCALE168; (1999)1SCC31; [1998]Supp2SCR699; [1999]112STC258(SC)
..... examining the notification dated 2nd of april, 1994, issued by the government of bihar in exercise of power conferred by clause (b) of sub-section (3) of section 7 of the bihar finance act, 1981, the high court further came to the conclusion that the notification so far as it imposes a condition that the facility of sales tax exemption on purchase of raw material will be available only to those industrial units who have not availed of any facility/benefit on the earlier incentive policy is bad and struck down ..... the state government after introducing the new industrial policy of 1993, issued the exemption notification on 4th of april, 1994 in exercise of the power under section 7 of the bihar finance act under which the old industrial units like the respondents who had started production prior to 1.4.93 but whose investment on plant and machinery did not exceed rs. ..... 15 crores on 1.4.93 would be entitled to the facilities of sales tax exemption on the purchase of raw material for a period of seven years from 1.4.93 in accordance with clause 10.4(i)(b) of the industrial incentive policy, 1993 (hereinafter referred to as 'the industrial policy') and whether the notification issued by the government of bihar dated 2nd of april, 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 .....
Tag this Judgment!Court : Chennai
Reported in : 1984(16)ELT3(Mad)
..... according to the petitioners, though the basis of the judgment has been taken away by section 52 of the finance act of 1982, for some, the basis of the judgment is allowed to be operative in respect of ..... the petitioners' said challenge, it is necessary to set out the circumstances and the background in which the said section 52 of the finance act came to be enacted giving retrospective effect to notification no. ..... we are, therefore, of the view that section 52 of the finance act of 1982 adopting and giving retrospective effect to the ..... 1982, which has been brought in by the legislature with retrospective effect by section 52 of the finance act of 1982, cannot be said to be bad. ..... laying down the tests, the supreme court proceeded to observe as follows - 'ordinarily, a court holds a tax to be invalidly imposed because the power to tax is wanting or the statute or the rules or both are invalid or do not sufficiently create jurisdiction. ..... such acts which by their very nature intended to operate on past transactions are, therefore, ..... 1982 is intended not to exempt but to restore a charge which has been held to be invalid by the court. ..... there is already a charge under section 3 of the central excise and salt act, and it is only the question of exemption from that charge either in whole or ..... these units, the maximum ceiling limit has been fixed at 150 millions matches with duty liability at the concessional rate restricted to 120 million matches and the excess over 120 million charged at rs. .....
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