Judgment Search Results Home > Cases Phrase: taxation laws amendment act 2003 section 2 amendment of section 10 Page 1 of about 8,357 results (0.137 seconds)

M/S S R S Travels, Bangalore by Its Proprietor K T Rajashjekar and Oth ...

Court : Karnataka

..... 8513 of 2004 are maintainable and section 3 of the karnataka act no.9/2003 karnataka motor vehicles taxation and certain other law (amendment) act, 2003 (hereinafter referred to as the karnataka act no.9/2003) repealing the karnataka contract carriages (acquisition) act, 1976 (hereinafter referred to as the kcca act) is unconstitutional and invalid and declared ..... kcca act is without legislative competence as the same is not done in exercise of the power under entry 42 of the concurrent list iii of vii schedule of the constitution of india and the same has been passed under entry 57 of list ii of vii schedule as it is clear that the karnataka act no.9/2003 (karnataka motor vehicles taxation and certain other law (amendment) act, 2003) pertain not only to the amendment of the karnataka motor vehicles taxation act but also repeal of the kcca act under section 3 ..... we hold that section 3 of the karnataka motor vehicles taxation and certain other law (amendment) act, 2003 (karnataka act no.9/2003) repealing the provisions of the karnataka contract carriages (acquisition) act, 1976 is constitutional ..... state road transport corporation staff and workers federation had locus standi to file that writ petition challenging the constitutional validity of repeal of the karnataka contract carriages (acquisition) act, 1976 by the karnataka motor vehicles taxation and certain other law (amendment) act, 2003 (karnataka act no.9 of 2003) is justified or calls for interference in these appeals? 2. .....

Commissioner of Income Tax Delhi-Xi and Another Vs. Indian National Co ...

Court : Delhi

..... a further proviso to section 13a was inserted by the taxation laws amendment act, 2003 (act 46 of 2003) which stated that on failure by a political party to submit a report under section 29c (3) of the rp act for a financial year to the election commission of india , no exemption under section 13a would be available to it for such financial year. ..... the assessee was initially not filing its annual returns of income in terms of section 139 (4b) of the act which was introduced by the taxation laws (amendment) act, 1978 with effect from 1st april 1979. ..... section 13a of the act was introduced by the taxation laws (amendment) act, 1978 with effect from 1st april 1979. ..... apart from the above amendments, the taxation laws (amendment) act, 1978 also amended the wealth tax act, 1957 to exempt political parties from the levy of wealth tax. 56. ..... after 11th september 2003, the date on which election and other related laws (amendment) act, 2003 came to force, a political party had to maintain records of each voluntary contribution in excess of rs. ..... the statement of objects and reasons accompanying the taxation laws (amendment) bill, 1978 that introduced the above amendments reads as under: political parties are essential in any democratic set-up. ..... it requires to be noticed at this stage that section 13-a of the act has undergone further changes in 2003 and as at present it reads as under: "13a. .....

Damodhar Cement and Slag Ltd. and Vs. Assistant Commissioner,

Court : Sales Tax Tribunal STT West Bengal

Reported in : (2007)8VST475NULL

..... this certificate was originally valid from october 30, 1986 to october 29, 1997 and on renewal it was extended up to september 30, 2003.the section 6(2) of the west bengal taxation laws (amendment) act, 2003 inserted a section 16b to the act introducing a new tax with effect from august 5, 2003 whereunder every dealer who has incurred liability to pay tax under section 9 or 10 of the act shall be liable to pay turnover tax. ..... the trouble cropped up when the revenue department made demand for payment of "turnover tax" before expiry of the said period of nine years with the reintroduction of turnover tax under section 16b in the west bengal sales tax act, 1994 by the west bengal act 11 of 2003 with effect from august 5, 2003 in the letter no. ..... when turnover tax was again introduced by introduction of section 16b of the west bengal sales tax act, 1994, the definition of "tax" was amended so as to include surcharge payable under section 16, additional surcharge payable under section 16a and turnover tax payable under section 16b.he further contended, "when incentive scheme announced exemption of sales tax paid or payable, the incentive scheme, in clear terms, announced for the exemption of sales and turnover tax. ..... the definition of 'tax' in section 2(35) of the 1994 act did not include turnover tax until its amendment in 2003". ..... in this application under section 8 of the west bengal taxation tribunal act, 1987 filed on december 2003, applicants no. .....

income Tax Officer Vs. Ekta Promoters (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)117TTJ(Delhi)289

..... the above section was inserted by the finance act, 2003 with effect from first day of june, 2003 and the only amendment brought to this section is an amendment by taxation laws (amendment) act, 2003 whereby in sub-section (1) the words "two-third per cent", were substituted by the words "one-half per cent" w.e.f. ..... (supra) wherein it was held that 4th proviso to section 10(2)(vii) inserted by it (amendment) act, 1946 which came into force on 5th may, 1946 was not retrospective and was not in force on 1st april, 1946 and therefore, did not apply to assessment for asst. yr. ..... . it was argued that the fourth proviso to section 10(2)(vii) of the it act (inserted by the amendment act of 1946 w.e.f ..... 77.6 this amendment will take effect from the 1st june, 2003 (section 91).11. ..... . gunjan prasad is that every assessment made after 1st june, 2003 must take into consideration section 234d and as assessee was assessed after 1st june, 2003, its assessments must be considered to be governed by the it act as it was amended upto that date.62 ..... he submitted that section 234d was introduced in chapter xvii in the act by the finance act, 2003. ..... the hon'ble high court decided the question in favour of the revenue and, thus, the matter went to hon'ble supreme court and their lordships of hon'ble supreme court have observed that the law is well-settled that the it act as it stands amended on the first day of april of any assessment year must apply to that assessment year .....

Ajay Gupta Vs. Commissioner of Income Tax

Court : Delhi

Reported in : (2007)210CTR(Del)116; 2007(97)DRJ317; [2008]297ITR125(Delhi)

..... it appears to us that this may have been for the reason that by virtue of the taxation laws (amendment) ordinance, 2003, subsequently cemented by the taxation laws (amendment) act, 2003, the rate of interest stood reduced to 0.5 per cent per month with effect from 8-9-2003. ..... in fact this period has been successively reduced by parliament, since section 132b as originally inserted into the act by income tax (amendment) act, 1965 specified the period to be six months. ..... prior to the amendments brought about by the finance act 2002, section 132b(4)(b) envisaged payment of simple interest at the rate of 15 per cent per annum on the retained money computed 'from the date immediately following the expiry of six months from the order under sub- section (5) of section 132. ..... with respect to the payment of interest, it has been stated in the affidavit by the assistant commissioner that as per the provisions of section 132b(4) of the it act, interest was paid on the sum of rs.17,33,529/- as follows: (a) 01-11-02 to 31.08.03 (10 months) at the rate of 0.66 per cent per month = rs.1,14,411/-; (b) 01-09-03 to 30-07-04 (11 months) at the rate of 0.5 per cent per month = rs.95,342/-; thus aggregating the sum of rs.2,09,753/-. ..... in other words, the highly invasive action under section 132a of the act, in which the privacy of a citizen is rent asunder, should not be employed as a surrogate of section 226 of the act for effecting recoveries of tax dues from litigious assesses.7. .....

Karnataka State Road Transport Corporation, Rep. by Its Managing Direc ...

Court : Karnataka

Reported in : ILR2005KAR1605

..... 9/2003 (karnataka motor vehicles taxation and certain other law (amendment) act, 2003, (hereinafter referred to as 'the amendment act') by which the karnataka contract carriages (acquisition) act, 1976 (hereinafter referred to as 'kcca act') has been repealed, the constitutional validity of it was upheld by the constitutional bench and another decision of the apex ..... further it is stated that the state legislature has no power to enact the impugned provision of section 3 of the amended act 9/2003 to repeal the kcca act without providing an alternative law by saving the vested rights upon the corporations and its employees as held by the apex court in catena of cases which will be referred to in the reasoning portion of this order while answering the relevant points ..... portion of the order while dealing with the relevant point on this aspect and the same is defeated by the impugned action of the amended act.ii) statement of objections are filed to these writ petitions on behalf of respondents 1,2 and 4 denying the averments of the petitions and supporting the grant of contract carriage permits under section 74 of the mv act and also seriously questioned the maintainability of the above petitions contending that it has no locus standi, as it is not aggrieved persons ..... (iv) in order to consider the validity of the impugned section 3 of the amendment act repealing the kcca act, let me examine to what extent contract carriages mitigate the inadequate transport facility to the public .....

Karnataka State Road Transport Corporation and Etc. Etc. Vs. Karnataka ...

Court : Karnataka

Reported in : AIR2005Kant205

..... 9/2003' (karnataka motor vehicles taxation and certain other law (amendment) act, 2003, (hereinafter referred to as 'the amendment act') by which the karnataka contract carriages (acquisition) act, 1970 (hereinafter referred to as 'kcca act'), has been repealed, the constitutional validity of it was upheld by the constitutional bench and another decision of the apex courts the derails pertaining to these writ petitions are dealt with in paragraph 5 of this order.2. ..... (iv) in order to consider the validity of the impugned section 3 of the amendment act repealing the kcca act, let me examine to what extent contract carriages mitigate the inadequate transport facility to the public commuters. ..... narasimhan, this court has to hold that the repeal of kcca act by section 3 of the amendment act (act no. ..... 8512-13/2004 the petitioners have prayed for quashing section 3 of amendment act (karnataka act no. ..... further it is stated that the state legislature has no power to enact the impugned provision of section 3 of the amended act 9/2003 to repeal the kcca act without providing an alternative law by saving the vested rights upon the corporations and its employees as held by the apex court in catena of cases which will be referred to in the reasoning portion of this order while answering the relevant points that .....

Ashima Syntex Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2006)100ITD247(Ahd.)

..... by virtue of the amendment made in the second proviso to section 10(2)(vii) by section 11 of the taxation laws (extension to merged states and amendment) act, 1949, even under a 'realisation sale', the excess over the written down value not exceeding the difference between the original cost and the written down value is liable to be brought to tax.31. ..... in this case the question was whether interest paid to the northern railway and the punjab government in respect of the capital borrowed for purposes of the assessee's business was allowable under section 36(1)(iii) of the act and in that connection, the term 'borrowing' came up for consideration and it was held that the term borrow has not been defined in the statute and, therefore, its dictionary meaning has to be looked up. ..... ) of 1992], the ahmedabad bench vide order dated 26-5-2003 held that the expenditure incurred by the assessee was for raising loan by issue of convertible debentures and the fact that ultimately the convertible debentures have been converted into shares in the subsequent year ..... cit [2003] 129 taxman 152 (delhi) (mag. ..... cit [2003] 84 itd 67 (delhi) (tm), he submitted that it was a case of surrender of debenture and allotment of shares wherein the decision of calcutta high court in the case of east india hotels ltd. ..... cit [2003] 129 taxman 152 (delhi) (mag.); dy. ..... [2003] 84 itd 470 and in the case of tata chemicals ltd. v. dy. .....

Assistant Commissioner of Income Vs. Apsara Processors (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2005)92TTJ(Ahd.)645

..... the above observation of the apex court would be squarely applicable to the case under consideration before us because we are interpreting the provision for levy of penalty under section 271(1)(c).there are diagonally contrary views of the high courts and, therefore, it is evident that two reasonable constructions of the provisions of section 271(1)(c) as it stood after the amendment by taxation laws (amendment) act, 1975 and before the amendment by finance act, 2002, are possible. ..... after the above decision, the legislature amended section 143(1a) with retrospective effect while no such modification was made in section 271(1)(c) till the finance act, 2002.the legislature vide finance act, 2002 amended section 271(1)(c) w.e.f.1st april, 2003 and modified clause (iii) after section 271(1)(c) as under : "(iii) in the cases referred to in clause (c), in addition to tax, if, any, payable by him, a sum which shall not be less than but which shall not exceed three times the amount of tax ..... the above observation will be applicable with all force to the amendment in section 271(1)(c) by the finance act, 2002 because as per finance act, 2002, the above amendment is effective from 1st april, 2003 and section 271(1)(c) is a provision for imposing penalty and, therefore, in view of the above decision of the hon'ble apex court, the normal presumption is that the amendment is not retrospective unless provided otherwise expressly or by necessary implication. .....

Cce Vs. Somex India

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... after hearing both sides and on perusal of the record, it is seen from section 39 of the taxation law (amendment) act, 2006 that duty paid on wire drawing unit shall be allowed cenvat credit during the period 29.5.2003 to 8.7.2004. ..... he further submits that the credit is not deniable in view of the taxation law (amendment) act, 2006. ..... the hon'ble supreme court in the case of technoweld industries held that the process of drawing of wire from wire rods does not amount to manufacture under the definition of section 2(f) of central excise act, 1944. ..... 8544.90 of the schedule to the central excise tariff act, 1985. .....