Judgment Search Results Home > Cases Phrase: taxation laws amendment act 2003 section 5 amendment of section 115s Page 1 of about 22,623 results (0.604 seconds)

Binani Industries Limited Vs. Assistant Commissioner of Commercial Tax ...

Court : Karnataka

Reported in : [2006]145STC24(Kar)

..... for the benefit of the circular. alternatively, it is contended, that since the circular issued by the commissioner is to give effect to the amendment introduced by the karnataka taxation laws (amendment) act, 1996 retrospectively with effect from april 1, 1986, the circular dated april 12, 1996 is to be applied and intended to apply with effect ..... 12, 1996 even in regard to assessments between the period april 1, 1986 to march 31, 1996 though section 5-c of the act which was substituted by karnataka taxation laws (amendment) act, 1996, with effect from april 1, 1986 is held to be valid piece of legislation by the court. in aid of his submissions ..... affect the past transactions.35. the learned senior counsel sri sarangan would contend that since section 5-c of the act was amended retrospectively with effect from april 1, 1986 by the karnataka taxation laws (amendment) act, 1996, the circular/clarification issued by the commissioner of commercial taxes dated april 12, 1996 was intended to be .....

Ajay Gupta Vs. Commissioner of Income Tax

Court : Delhi

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

..... 1-11-2002 up to 31-08-2003. 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. accordingly, interest at ..... 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. this period was thereafter reduced to 120 days by virtue of finance act, 2002. obviously, parliament is mindful of the fact that where assets and money belonging to ..... from whose custody they were seized after satisfaction of the tax liability existing against such person. at that time, i.e. 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 .....

Vahid Paper Converters and ors. Vs. Ito and ors.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2006)98ITD165(Ahd.)

..... that even as per the supreme court, the decision was applicable for the period prior to 1-4-1988, i.e., before the law was amended by taxation laws (amendment & miscellaneous provisions) act, 1986. moreover in the above case the dispute was not with regard to the computation of income for the purpose of chapter vi-a ..... been answered differently by various high courts some in favour of the assessee and others in favour of the revenue. section 32 has since been amended by the taxation laws (amendment & miscellaneous provisions) act, 1986 with effect from april, 1,1988, however, the answer to the question remains of substantial importance as various matters are stated to be ..... decision given by the supreme court was for asstt year 1974-75, when section 34 was on the statute book, which is omitted by the taxation laws (amendment & miscellaneous provisions) act, 1986 with effect from 1-4-1988, as per section 34, the assessee was entitled to depreciation under section 32 only if the prescribed .....

Balaji Galvanising Industries Vs. the Commissioner of Customs and

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : (2008)(128)ECC168

..... it, it shall be allowed as cenvat credit as if it was the duty paid by the assessee who removes the goods.5. in view of the taxation laws amendment act 2006, which amended rule 16 of the central excise rules, the demand made by the lower authority and confirmed by the commissioner (appeals) does not survive.therefore, we allow ..... duty paid by the assessee who removes the goods.' 4. on a very careful consideration of the issue, we find that the issue is covered by the taxation laws amendment act, according to which during the relevant period the assessee shall include wire drawing unit, which cleared the goods on payment of duty equal to the duty at the ..... action has to be taken till further orders.3. the learned counsel shri negi, who appeared on behalf of the appellants brought to our notice taxation laws amendment act 2006, which is reproduced below: section 39. amendment of rule 16 of the central excise rules, 2002.- (1) in the central excise rules, 2002, made by the central government in .....

Shri Lal Mahal Limited Vs. Commissioner of Income Tax

Court : Delhi

..... approached by the assessee rejected its contentions and gave full effect to the ao s order in the light of the retrospective amendment to section 80hhc which had come into force by then by taxation laws (amendment) act, 2005 with effect from 01.04.1998. the appeal to the income tax appellate tribunal (itat) met with a similar ..... by the assessee.]. 8. the second, third and fourth proviso to section 80hhc(3) were introduced by the taxation laws (amendment) act, 2005 but with retrospective effect from 01.04.1998.9. after discussing the nature of the amendment and noticing that the ita2632015, ita2642015 & ita2652015 page 8 provision, i.e. section 80hhc(3) as existing ..... the disallowance sought to be made was solely on the basis of the retrospective amendment to section 80hhc(3) by virtue of taxation laws (amendment) act, 2005 since it was brought into force with retrospective effect. it is contended that this amendment was challenged on both a substantive basis as well as on the ground of its .....

Satpuda Tapi Parisar Sahakari Sakhar Karkhana Ltd. Vs. Commissioner of ...

Court : Mumbai

Reported in : 2009(4)BomCR686; [2009]183TAXMAN404(Bom)

..... being a seller shall at the time, during the period beginning on the 1st day of june 2003 and ending on the day immediately preceding the date on which the taxation laws (amendment) act, 2003 comes into force, of debiting of the amount payable by the buyer to the account of the buyer or of receipt of such amount from the said buyer in ..... collect the tax for the relevant period. section 206c would, therefore, not be attracted. to that extent the respondents 1 and 2 have held otherwise clearly discloses error of law apparent on the face of the record.in the light of that petition will have to be allowed and allowed in terms of prayer clause (a)(ii). consequently the petition ..... from collecting the tax it cannot be said that he would be liable under sub-section (6) of section 206c. a duty was cast on the petitioner by operation of law. petitioner could not discharge that duty by virtue of an order of this court. the question, therefore, of calling on him to pay the amount which he was disabled .....

M/s. Hero Motocorp Ltd. Vs. Union Of India

Court : Supreme Court of India

..... they would be entitled to 100% tax exemption.27. it is to be noted that, subsequently, an important development took place. by the 101st amendment act, a sea change in the earlier taxation regime occurred. a uniform tax structure throughout the country has been adopted. the gst council has been constituted, which is empowered to make recommendations to ..... : (1979) 2 scc409:1979. scc (tax) 144]. as to the applicability of the doctrine of estoppel for preventing the government from discharging its functions under the law. in public law, the most obvious 28 (1986) 1 scc13347 limitation and doctrine of estoppel is that it cannot be evoked so as to give an overriding power which it does ..... already discussed herein above, the central government was not bound to continue with a representation made by it in 2003 in view of the change of law by the enactment of the cgst act. however, in order to partly honour the representation made by it, it has decided to refund 58% of the cgst paid by the entities .....

Binani Industries Ltd., Kerala Vs. Assistant Commissioner of Commercia ...

Court : Supreme Court of India

Reported in : JT2007(5)SC311; 2007(5)SCALE429; 2007(1)LC0515(SC); (2007)6VST783(SC); 2007AIRSCW3071; JT2007(5)SC311; 2007-08(6)VATToday128; 2007(2)KCCRSN81; 2007(4)AIRKarR295

..... taxes in karnataka, bangalore - 560 009dated 23.10.1999commissioner of commercial taxescircular no. 31/99-2000 sub: kst act, 1957 - amendment of section 5c by karnataka taxation laws (amendment act 1996) - certain instructions -reg. ref: commissioner of commercial taxes circular no. 5 of 1996-97 dated april ..... 1996. in commissioner of commercial taxes circular no. 5 of 1996-97, dated 12 april, 1996, while explaining the salient features of the amendments effected to the provisions of karnataka sales tax act, 1957 by karnataka taxation laws (second amendment) act ..... the following revised instructions are issued: (i) section 5c was substituted retrospectively w.e.f. 01.4.1986 by amending karnataka taxation laws (second amendment) act, 1996. the newly substituted section 5c provides for levy of tax on the 'taxable turnover' in respect of transfer .....

State of KarnatakA. Vs. Azad Coach Builders Pvt. Ltd. and anr.

Court : Supreme Court of India

..... 3. the scope of the amending act later came up for consideration before a constitution bench of this court in consolidated coffee ltd. & another v. coffee board, bangalore (1980) 3 scc 358 and ..... s. narasimha, the learned senior counsel appearing for respondent no. 2 submitted that the exemption under taxation law will have to be purposefully and widely construed. in that context, the learned senior counsel submitted that, under section 5(3) of the cst act, those penultimate sales are also given exemptions, if such sale was for the purpose of complying ..... penultimate sale to the indian exporter for the purpose of export. this led to the insertion of sub- section (3) of section 5 of the cst act by the amending act 103 of 1976 with effect from 1.4.1976, whereby the last sale or purchase occasioning the export of goods was granted exemption from the state levy. .....

Pro Lab a Partnership Concern and ors. Vs. the State of Karnataka Rept ...

Court : Karnataka

Reported in : ILR2006KAR475; [2006]144STC33(Kar)

..... , we are of the view that the only question that requires for consideration is as to whether section 2(3) and section 5 of the karnataka taxation laws (amendment) act of 2004 has the constitutional approval or not in terms of the material placed before us.13. to answer this question, this court has to notice the ..... say that the state government in the meanwhile proceeded to enact the karnataka taxation laws act, 2004 which came into force with effect from 29.1.2004. a copy of the gazette notification is at annexure 'a' section 2(3) of the said amendment seeks to re-introduce on retrospective effect entry 25 which is identical to ..... the provisions of section 2(3) as unconstitutional. respondents are hereby restrained from enforcing the provisions of the karnataka taxation amendment act, 2004. in the light of the declaration in terms of the orders in so far as act no. 3/2000 is concerned, all consequential proceedings including assessment order and consequential demands are also set aside. .....