Court : Gujarat
..... we have examined the rival contentions and according to us the following issues fall for consideration in this matter:- (i) whether the insertion of the explanation to section 80-ib(9) of the income tax act, 1961 by finance (no.2) act, 2009 with retrospective effect from 1.4.2000 explaining the meaning of the term "undertaking" is unconstitutional and ultra vires to article 14 of the constitution of india? ..... explanation added to section 80-ib(9) by the finance (no.2) act, 2009 (reproduced above) with retrospective effect from 1.4.2000, reads as under :- "explanation :- for the purposes of claiming deduction under this sub-section, all blocks licensed under a single contract, which has been awarded under the new exploration licensing policy announced by the government of india vide resolution no.o-19018/22/95-ong.dq.vl dated 10th february, 1999 or has been awarded in pursuance of any law for the time being in force or has been ..... it is also proposed to further amend the said sub-section (9) as so substituted and further amended by inserting a new clause (iv) to provide that the benefit of deduction under the said sub-section shall be available if the undertaking is engaged in commercial production of natural gas in blocks licensed under the viii round of bidding for award of exploration contracts under the new exploration licensing policy announced by the government of india vide resolution no.o-19018/22/95-ong.do.vl dated 10th february, 1999 (hereinafter referred to as "nelp .....
Tag this Judgment!Court : Gujarat
..... we have examined the rival contentions and according to us the following issues fall for consideration in this matter:- (i) whether the insertion of the explanation to section 80-ib(9) of the income tax act, 1961 by finance (no.2) act, 2009 with retrospective effect from 1.4.2000 explaining the meaning of the term "undertaking" is unconstitutional and ultra vires to article 14 of the constitution of india? ..... explanation added to section 80-ib(9) by the finance (no.2) act, 2009 (reproduced above) with retrospective effect from 1.4.2000, reads as under :- "explanation :- for the purposes of claiming deduction under this sub-section, all blocks licensed under a single contract, which has been awarded under the new exploration licensing policy announced by the government of india vide resolution no.o-19018/22/95-ong.dq.vl dated 10th february, 1999 or has been awarded in pursuance of any law for the time being in force or has been ..... it is also proposed to further amend the said sub-section (9) as so substituted and further amended by inserting a new clause (iv) to provide that the benefit of deduction under the said sub-section shall be available if the undertaking is engaged in commercial production of natural gas in blocks licensed under the viii round of bidding for award of exploration contracts under the new exploration licensing policy announced by the government of india vide resolution no.o-19018/22/95-ong.do.vl dated 10th february, 1999 (hereinafter referred to as "nelp .....
Tag this Judgment!Court : Delhi
..... consider the effect of insertion of provisos to section 10(23c)(vi) vide finance act, 1998. ..... pass an order of remit and direct the respondent to decide the application for registration under section 10(23c)(iv) afresh after giving hearing to the petitioner/authorized representative while deciding the matter the respondent will keep in mind the observations made in the case of american hotel and lodging wpc 12897/2009 page 11 of 12 association educational institute (supra). the petitioner/authorized representative will appear before the respondent on ..... obtaining approval from the pa came to be inserted because section 10(22) was abused by some educational institutions/universities. ..... , broadly the activities undertaken by the appellant are - conducting classical education by providing course materials, designing courses, conducting exams, granting diplomas, wpc 12897/2009 page 9 of 12 supervising exams, all under the terms of an agreement entered into with institutions of the government of india. ..... marginal cases like the present case, where appellant-institute was given exemption up to financial year ending 31.3.1998 (assessment year 1998-99) and where an application is made on 7.4.1999, within seven days of the new dispensation coming into force, the pa can grant approval subject to such terms and conditions as it deems fit provided they are not in conflict with the provisions of the 1961 act (including the abovementioned monitoring conditions). ..... court of delhi at new delhi + w.p. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2011(10)SCC292; 2012(1)SCJ107; AIR2011SCW6359
..... of india, clarifying that with the insertion of new section 11bb of the act, the department had become liable to pay interest under the said section if the refund applications were not processed within three months from the ..... from the date of receipt of such application till the date of refund of such duty :provided that where any duty ordered to be refunded under sub-section (2) of section 11b in respect of an application under sub-section (1) of that section made before the date on which the finance bill, 1995 receives the assent of the president, is not refunded within three months from such date, there shall be paid to the applicant interest under ..... provided that the amount of duty of excise and interest, if any, paid on such duty of excise as determined by the assistant commissioner of central excise or deputy commissioner of central excise under the foregoing provisions of this sub- section shall, instead of being credited to the fund, be paid to the applicant, if such amount is relatable to-----(a) rebate of duty of excise on excisable goods exported out of india or on excisable materials used in the manufacture ..... 30th july 2009 set aside the order passed by the commissioner (appeals) and held that the appellant was not entitled to interest under section 11bb of the act.5. ..... 2010, filed by the assessee is allowed and c.a.nos.7637/2009 and 3088/2010, preferred by the revenue are dismissed. ..... no.13940/2009 and the high court of judicature at bombay in central excise appeal ..... 2009 .....
Tag this Judgment!Court : Supreme Court of India
..... (s) of income tax (hereinafter referred to as 'the department'), with the exception of few appeals filed by the assessees, the question of law which has fallen for consideration is as to whether the proviso appended to section 113 of the income tax act (hereinafter referred to as 'the act') which was inserted in that section by the finance act, 2002 is to operate prospectively or is clarificatory and curative in nature and, therefore, has retrospective operation. ..... in the supreme court of india civil appellate jurisdiction civil appeal no.8750 of2014(arising out of slp (c) no.540 of 2009) |commissioner of income tax | | |(central)-i, new delhi | ..appellant(s) | | | | |versus | | |vatika township private limited | ..respondent(s) | w i t h civil appeal no.8764 of2014(arising out of slp (c) no.1362 of 2009) civil appeal no.8762 of2014(arising out of slp (c) no.1339 of 2009) civil appeal no.8773 of2014(arising out of slp (c) no.19319 of 2008) civil appeal no.8763 of2014(arising out ..... of slp (c) no.1342 of 2009) civil appeal no.8755 of2014(arising out of slp (c) no.31528 of 2008) civil appeal no.8775 .....
Tag this Judgment!Court : Supreme Court of India
..... deposit of tds with the government.27) a proviso which is inserted to remedy unintended consequences and to make the provision workable, a proviso which supplies an obvious omission in the section, is required to be read into the section to give the section a reasonable interpretation and requires to be treated as retrospective in operation so that a reasonable interpretation can be given to the section as a whole.28) the purpose of the amendment made by the finance act, 2010 is to solve the anomalies that the insertion of section 40(a)(ia) was causing to the bona fide tax payer. ..... , from the date of insertion of the said provision.29) further, in allied motors (p) limited (supra), this court while dealing with a similar question with regard to the retrospective effect of the amendment made in section 43-b of the income tax act,1961 has held that the new proviso to section 43b should be given retrospective effect from the inception on the ground that the proviso was added to remedy unintended consequences and supply an obvious omission. ..... the assessing officer, vide order dated 12.10.2009, disallowed the export commission charges paid by the assessee to m/s. .....
Tag this Judgment!Court : Supreme Court of India
..... section 10(46) was inserted with effect from 01.04.2009 retrospectively by the finance ..... . the decision discussed sections 73, 74 & 75 of the gmb act, which provide for management of all monies received by the gmb; and section 76 of the gmb act, which permits the setting aside of surplus money only for expanding existing facilities or creating new facilities at the ports or for meeting with contingencies caused on account of fire, cyclones, shipwrecks or other accidents or for ..... the revenue highlighted the following reasoning from this court s judgment in indian chamber of commerce (supra): by the new definition the benefit of exclusion from total income is taken away where in accomplishing a charitable purpose the institution engages itself in ..... clearly intended a 57 departure, when it introduced the new section 2 (15) under the it act ..... (3) scr77877 1981 (3) scr38778 1967 (1) scr61879 (1981) 2 all er14743 were cited; and reference was made to definitions in the concise oxford dictionary, webster s new twentieth century dictionary, black s law dictionary, and sampath iyengar s law of income tax.68. mr ..... intended to narrow down the scope of clause (1) so as to withdraw the exemption enjoyed by a business held under trust or conducted by or on behalf of a religious or charitable trust, the new clause should have been added as proviso to the old clause.7. ..... in consideration of such and such a fact that he agrees to bear new burdens or to forego the benefits which the law already allows him .....
Tag this Judgment!Court : Supreme Court of India
..... when section 14a was inserted by finance act, 2001, it 26 was with retrospective effect with effect from 01.04.1962 where as finance act, 2006, by which sub section (2) and sub section (3) to section 14a were inserted, it was with effect from 01.04.2006 which was mentioned in clause 1(2) of finance act, 2006 which was to the following effect: 1(2). ..... it is proposed to number the said section as sub section (1) thereof and to insert a new sub section (2) in the said section so as to provide that the assessing officer shall determine the amount of expenditure incurred in relation to such income which does not form part of the total 12 income, in accordance with such method as may be laid down by the ..... it is proposed to insert a new section 14a so as to clarify the 10 intention of the legislature since the inception of the income tax act, 1961, that no deduction shall be made in respect of any expenditure incurred by the assessee in relation to income which does not form part of the total income under the income tax act. ..... the rule 8d prescribing the method was brought into statute book with effect from 24.03.2008 to implement sub section (2) and sub section (3) with effect from assessment year 2008 2009, is clear indicator of the fact that a new method for computing the expenditure was brought in by the rules which was to be utilized for computing expenditure for the assessment year 2008 2009 and onwards.33. .....
Tag this Judgment!Court : Chennai
..... of india praying to issue a writ of declaration or other appropriate writ, direction or order in the nature of a writ, declaring that the circular no.148/17/2011-st dated 13.12.2011 issued by the 2nd respondent as ultra vires to the provisions of section 66 of the finance act, 1994 as amended; entry 54 and entry 62 of list ii of schedule vii and articles 14, 19(1)(g), 246 and 265 of the constitution of india as ultra vires, in so far as the petitioner is concerned. ..... 2011-tru as illegal and unconstitutional and seek for issuance of directions to respondents 1 to 3 not to give effect to circular no.148/17/2011-st dated 13.12.2011 issued by the central board of excise and customs, tax research unit, new delhi, which was issued for the purpose of collecting service tax from film distributors/sub-distributors/theatre owners and seek for a direction not to give effect to the said circular.2. ..... in the light of the amendments bringing in temporary transfer of copyright within the service tax net, the national association of motion pictures exhibitors, new delhi submitted a letter to the cbec seeking clarification, stating that the revenue sharing transaction between the distributor and the exhibitor is not transfer or permitting to use copyright in favour of cinema owner, however, ..... is seen that there was a misunderstanding while interpreting the earlier circular dated 23.02.2009, even after the insertion of section 65(105)(zzzzt) and the substitution in clause (104c) of section 65. .....
Tag this Judgment!Court : Karnataka
..... it was only by the finance act, 2009 that sub-section (3) was inserted, initially providing for a period of limitation of two years from the end of the financial year in which the statement is filed; and four years from the end of the financial year in which the payment is made or ..... with regard to the applicability of the amendment made by the finance act, 2009 with effect from 1.4.2010, it was also clarified to be from the assessment year 2011-12 and subsequent years. ..... it may be noted, by finance (no.2) act, 2014, sub-section (3) has further undergone an amendment with effect from 1.10.2014, whereby limitation of 7 years period from the end of the financial year has been provided. ..... then by finance act, 2012, the period of 4 yearsmentioned in clause (ii) of sub-section (3) was amended as 6 yearsto be given effect from 1.4.2010. ..... 2) act, 2009 with effect from 1.4.2010 is also reproduced below: (3) no order shall be made under sub-section (1) deeming a person to be an assessee in default for failure to deduct the whole or any part of the tax from a person resident in india, at any time after the expiry of (i) two years from the end of the financial year in which the statement is filed in a case where the statement referred to in section 200 has been filed; (ii) four years from the end of the ..... he contends that since sub-section (3) which was first inserted in section 201 of the act, was with effect from 1.4.2010, as such, the same would not be applicable in the present case. .....
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