Court : Guwahati
..... the chartered accountants association and the gujarat institute of civil engineers & architects have challenged the constitutional validity of section 88 of the finance act, 1997 and section 116 of the finance (no. 2) act, 1998 levying service-tax on the consulting engineers and architects and also on the practising chartered accountants.the gujarat institute of civil ..... petitions, the court granted ad interim relief restraining the respondents from enforcing in any manner the provisions of section 88 of the finance act, 1997 and section 116 of the finance (no. 2) act, 1998 in so far as they levy service-tax on services provided to the respective clients by consulting engineers, architects and ..... of clause (48) of section 65 and collected in such matter as may be prescribed.(4) with effect from the date notified under section 116 of the finance (no. 2) act, 1998, there shall be levied a service-tax at the rate of five per cent of the value of the taxable services referred to in sub-clauses .....
Tag this Judgment!Court : Guwahati
..... demanded and realized from them under sub-section 1(a) of section 73 of chapter-v of the finance act, 1994 as amended;(ii) penalty should not be imposed upon them in terms of section 76, 77 and 78 of chapter-v of the finance act, 1994 as amended;(iii) interest at the prescribed rate under section 75 of chapter-v of the ..... notice dated 22.8.2006 issued by the government of india in the directorate general of central excise intelligence, kolkata zonal unit, kolkata to the petitioner no. 1 represented by the petitioner no. 2 directing it to show cause as to why:(i) amount of rs. 20,78,23,780.00 being the amount of service tax payable as business ..... cause notice. they are also entitled to personal hearing towards adjudication of the matter.10. if the impugned show cause notice has been issued on the grounds specified therein, no fault could be attributed to the authority, which has issued the same. whether the show cause notice is founded on any legal premises is a jurisdictional issue, which .....
Tag this Judgment!Court : Guwahati
..... also subject to the conditions as may be specified in such notification. accordingly, the notification dated 30.7.1988 issued under section 3b of the assam finance (sales tax) act, 1956 has prescribed certain conditions which must be fulfilled before any assessee can claim the benefit of exemption. in the present case the petitioner was issued ..... , it has been argued that the findings recorded by the revisional authority that the petitioner had realized sales tax on its sale transactions is without any basis and no material has been disclosed in the revisional order in support of the aforesaid conclusion.5. opposing the contentions advanced on behalf of the petitioner, sri k.n. ..... date of commencement of production was exempted subject to the following conditions :(i) the dealer had not collected any amount by way of tax on the sales made.(ii) for the period 15th october, 1982 to 31st july, 1988 the dealer was holding an eligibility certificate.(iii) for the period with effect from 1.8.1988 .....
Tag this Judgment!Court : Guwahati
..... the entire activities should be taken into consideration for determining as an industrial company. learned counsel for the assessee-company had drawn our attention to section 2(7)(c) of chapter ii of the finance act, 1982, where industrial company has been defined as follows : ' 'industrial company' means a company which is mainly engaged in the business of ..... income from agriculture and non-agriculture was taken at rs. 3,76,169 and 40 per cent. of the total income came to rs. 1,50,467. no special deduction was given as entitled by the industrial undertakings. the assessee, therefore, took up the matter before the commissioner of income-tax (appeals) challenging, inter alia ..... of billets into m. s. rounds the petitioner manufactured the same only on behalf of the respective owners. no doubt, the left out m. s. rounds are taxable goods. but while assessing tax under the act, the sale proceeds thereof cannot be included in his turnover inasmuch as the sale proceeds cannot be said to .....
Tag this Judgment!Court : Guwahati
..... modify the policy and justified incorporation of the negative list of ineligible industries in furtherance of such objective. it also referred to section 154 of the finance act,2003 read with schedule ix thereto vis-a-vis the products enumerated therein to and also sought to reinforce its stand by relying on the decision of ..... proceeding in hand would essentially be in the bare minimum. the applicant's pleaded case in wp(c) no.749/2010 was that being inspired by the north-eastern industrial policy conveyed by the finance memorandum no. ea/1/2/96-ipd dated 24.12.1997 (also hereinafter referred to as 1997 policy) announcing new initiatives and ..... 7.) this court sustained the stand of the respondent- revenue and dismissed the challenge laid by the applicant on the following grounds: (a) section 154 of the finance act,2003 read with schedule ix thereof recalled the benefit of excise duty exemption under the policy, 1997 with retrospective effect vis-a-vis pan masala and tobacco products. .....
Tag this Judgment!Court : Guwahati
..... i)(b) of the industrial policy, 1993, of the government of bihar and whether the notification issued by it on april 2, 1994 in exercise of power under section 7 of the bihar finance act, 1981, limiting the facility to those industrial units which had not availed any such benefit on the earlier incentive policy is invalid ..... refer to exemption of sales tax on finished products. the state government in exercise of powers under section 3a of the assam sales tax act, 1947, issued notification no. ftx.28/87/pt-ii/40 dated july 30, 1988, which, inter alia stipulated conditions subject to which a dealer was exempted from the liability to pay ..... motor spirit and lubricants) taxation act, 1955.(c) the assam finance (sales tax) act, 1956 and(d) the assam purchase tax act, 1967.24. chapter ii deals with sales tax concessions in respect of raw materials. section 3 requires that notwithstanding anything contained in any sales tax law, from the commencement of the act, no dealer would be liable to pay .....
Tag this Judgment!Court : Guwahati
..... xi of 1956)3. the assam (sales of petroleum and petroleum products including motor spirit and lubricants) taxation act, 1955 (assam act ix of 1956)4. the assam purchase tax act, 1967 (assam act xix of 1967)(2) notwithstanding the repeal of ..... which was published in assam gazette extra-ordinary dated 30.7.92 and by section 4(iii) of the amendment act, a new item no. 76 was inserted in the schedule to assam finance (sales tax) act, 1956. as such from30.7.92 tax was imposed on the sale proceeds of the mustard oil in the state ..... act, 1955 (assam act ix of 1956) and no. 4 assam purchase tax act, 1967 (assam act xix of 1967). for easy reference section 74 of assam general sales tax act, 1993 is quoted hereunder:repeal and savingssection 74(1). the following laws are hereby repealed:1. the assam sales tax act, 1947 (assam act xvii of 1947)2. the assam finance (sales tax) act, 1956 (assam act .....
Tag this Judgment!Court : Guwahati
..... expenditure with certain exceptions. the scheme of deductions as found in section 10(2)(xv) after the amendment by the 1939 act of the repealed 1922 act was adopted in the 1961 act. one of us, speaking for the division bench (chief justice) in income-tax reference no. 2 of 1981 (india carbon ltd. v. cit ), reviewed the cases and ..... acquired from salary or other sources. the act of 1918 brought forth these distinctions in the statute book. in the act of 1922, the income under various ..... -tax is repealed by the amendment of section 4 of act vii of 1964 by the finance act xxiii of 1986. the surtax is discontinued for and after the assessment year 1988-89 under the finance act, 1986. 3. the income-tax was levied at first in 1886. in that act, no distinction was drawn of sources like profession, business or income .....
Tag this Judgment!Court : Guwahati
..... for furtherance of trade or commerce and intercourse.(c) any other purpose connected with the development of trade and commerce and facilities relating thereto.(d) providing finance, aid, grants and subsidies to local bodies and government agencies for the aforesaid purposes.the bill also seeks to transfer the proceeds of entry tax already ..... the contention of dr. saraf, learned counsel for the petitioners with regard to section 3(2)(ii) of the act of 2008 is concerned, sri choudhury, learned additional advocate-general, has urged that article 286 of the constitution has no application in respect of entry of goods into a local area for purposes of sale, consumption ..... commerce or for facilities relating thereto which the state government may specify by notification,(d) providing finance, aids, grants and subsidies to local bodies and government agencies for the purposes specified in clauses (a), (b) and (c).(2) the amount realised as entry tax shall not be used for the purposes other than .....
Tag this Judgment!Court : Guwahati
..... when packed in any unit container and bearing a brand name irrespective of the quantity for the period from 2-6-98 to 23-6-98 @ 8% ad valorem vide clause 115 of the finance (no. 2) bill 1998, under the provisional collection of taxes act, 1931.'so, one is liable to pay tax when tea is put up in unit containers and bears ..... . learned counsel for the petitioners makes the following four submissions:(i) in terms of chapter 9 of the tariff schedule of the central excise tariff act 1985 as amended by the finance act, 1998 there is no levy of excise duty of bulk tea removed in tea chests and by gunny bags exceeding 20 kgs. between 2nd june, 1998 and 24th june, ..... 1998;(ii) the notification dated 24-6-1998 is merely clarificatory of the position stated as indicated in point (i);(iii) the communication dated 13th october, 1998 .....
Tag this Judgment!