Judgment Search Results Home > Cases Phrase: taxation laws amendment act 2006 section 28 amendment of section 124 Page 92 of about 49,623 results (0.508 seconds)

Commissioner of C. Ex. Vs. National Rayon Corpn.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (1996)(88)ELT182Tri(Mum.)bai

..... . 515 (sc). in his submission reasonable period under all taxation laws have been taken as six months. it is also his submission that this bench and other benches of the tribunal have been consistently holding that rules are always supplementary to the statutory provisions and for raising demand even under the pre-amended rule 57-i, the period prescribed was applicable. he refers ..... -1986, to 24-3-1986. the show cause notice was issued invoking provisions of rule 57-i of the rules, read with section 11a of the central excises and salt act by the superintendent. initially the said show cause notice was adjudicated upon by the assistant collector. in the appeal before the collector (appeals) it was observed that because the period .....

Cce Vs. Somex India

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... -i v. somex (india) vide final order no. 486/07-sm dated 6.2.2007. he further submits that the credit is not deniable in view of the taxation law (amendment) act, 2006. he reiterates the findings of the commissioner (appeals).5. 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. i find that the tribunal ..... 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. therefore, show cause notice was issued proposing to recover cenvat credit on inputs wire utilized for the process of electric cables. the adjudicating authority confirmed the demand .....

Shri Bijay Kumar Bhatter and ors. Vs. Certificate Officer and ors.

Court : Sales Tax Tribunal STT West Bengal

..... of the company. secondly, this reported decision is dated march 30, 1954 when section 22a was not yet incorporated into the 1941 act. this section was made part of this statute with effect from april 1, 1978 [vide w.b. taxation laws (amendment) act, 1979]. whether the applicant nos. 1, 2 and 3 before us had the role, as contemplated in section 22a(2), in ..... all along been in financial distress. for its business in calcutta it was a registered dealer under the bengal finance (sales tax) act, 1941 (in short, "the 1941 act") and was subject to assessment under the act. by amendment of the 1941 act turnover tax was introduced by a new section 6b effective from april 1, 1979. the company's gross turnover exceeded rs. 50 ..... 1. by the instant application under section 8 of the west bengal taxation tribunal act, 1987 which is of the nature of writ petition under article 226 of the constitution of india, the applicants have challenged the validity of notices issued by the certificate officer .....

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

Court : Sales Tax Tribunal STT West Bengal

Reported in : (2007)8VST475NULL

..... 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 ..... tax and that the turnover tax was introduced with effect from august 5, 2003. it is further contended that the provisions of the sica are irrelevant as regards the taxation law. in the affidavit-in-reply the petitioners reiterated what they stated in the application itself. the points for decision are: (i) whether the provision of section 16b ..... as 'turnover tax'. thus the exemption granted was from payment of sales tax. the definition of 'tax' in section 2(35) of the 1994 act did not include turnover tax until its amendment in 2003". he submitted that when there was no provision for charging turnover tax in the statute, the government could not also make promise for .....

Ar.Rm.Sp. Subramanian Chettiar Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1982)2ITD485(Mad.)

..... since the minor daughter was admitted only to the benefits of partnership, her income could be added only to that of her father.5. but, by an amendment made by the taxation laws amendment act, 1975 with effect from 1-4-1976, the words 'in which such individual is a partner' were omitted from section 64(1)(iii). the section as ..... that the alleged participation in the benefits of the partnership is unreal. there is the genuine case which is intended to be relieved by the income-tax (second amendment) act, 1933, and the question arises as to the nature and extent of the restriction, which will exclude from relief only the case in which a father is attempting ..... is required to appreciate the question raised in these appeals. the income-tax enquiry commission, 1936 had observed : there is also a growing and serious tendency to avoid taxation by the admission of minor children to the benefits of partnership in the father's business. moreover, the admission is, as a rule, merely nominal, but being .....

income-tax Officer Vs. V.S. Kumaraswamy Reddiar

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (1984)7ITD563(Coch.)

..... .9. we have carefully considered the matter. the present matter relates to the assessment year 1973-74 and it is, therefore, governed by section 64 prior to its amendment by the taxation laws (amendment) act, 1975. section (1) of section 64 as it stood at the relevant time, omitting the explanation, which is not relevant for the purpose, reads thus : (1 ..... of the department has to fail because of the absence of the words 'directly or indirectly' in clause (v). (it may be noted that after the amendment of section 64 by the taxation laws (amendment) act, 1975, clause (v) has been renumbered as clause (vii) and it contains the words 'directly or indirectly'. but as already stated, this is not ..... taken by the department in the two appeals are common and are to the effect that the aac erred in holding that section 64 of the income-tax act, 1961 ('the act') will not apply to transfers of certain assets by the two assessees and, consequently, in deleting a sum of rs. 45,324 included in the .....

M. Raghunandan Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1985)11ITD298(Mad.)

..... the bona fide annual value figures relevant to a shorter period. in this connection, reference is also made to the newly introduced explanation to section 23(1), inserted by the taxation laws (amendment) act, 1975, with effect from 1-4-1976. we have seen this section. it is of limited application in the scheme of computation of property income.the actual mode of computing ..... income of the person derived from property. in other words, section 22 and the sections following, viz. sections 23, 24, 25, 26 and 27 of the act, all are based on the concept of taxation of property income through 'the annual value of property'. legally and etymologically, annual value cannot mean monthly value, weekly value, daily or momentary value. where property income .....

Ashok Kapur (Huf) Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1985)12ITD520(Delhi)

..... of valuing the so-called stock-in-trade by the assessee. it may also be mentioned that as under the law, as it stood, such a conversion could not be considered to be 'transfer'. the law has been amended by the taxation laws (amendment) act, 1984, providing that such conversion could be covered under the meaning of the word 'transfer'.this ..... amendment was not clarificatory but would make a provision for such a situation and it was intended to bring into the taxation net the gain arising to a person ..... business on 6-11-1979 and the only thing which is there was the declaration made by the assessee, which was clearly from the point of view of taxation. we agree with the reasoning given by the commissioner (appeals) on this aspect of the matter. though we need not consider all the small facts mentioned .....

T.N. Kumar Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1988)26ITD23(Mad.)

..... section 64(2) cannot apply where the individual makes a direct gift of his separate property to the huf of which he is a member. the latest amendment is by the taxation laws (amendment) act, 1975 which omitted the words "insofar as it is attributable to the interest of the individual in the property" so that the sub-clause (b) now ..... to attract the provisions of sub-section (1) of section 64.7. the notes on clauses relating to clause 14 of the taxation laws (amendment) bill (72 itr st. 57 at 99) and the provisions of the amendment (circular no. 56 dated 19-3-1971) state that it is only because the courts have held that section 64 has no ..... the conversion of an individual property into joint family property that this sub-section (2) has been introduced to section 64. this sub-section was again amended by the finance act, 1979 to include a transfer by the individual directly or indirectly to the family otherwise than by adequate consideration in the definition of a converted property. circular .....

income-tax Officer Vs. Bakul Cashew Co.

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (1989)28ITD197(Coch.)

..... previous approval of the iac. there is no dispute that the penalty in the present case has been levied under the provisions of section 271(l)(c) as amended by the taxation laws (amendment) act of 1975 which came into force from 1-4-1976. we set out below the relevant portion of section 271(l)(c) and clause (in) together with ..... on by them.10. we are concerned in the present appeal with the levy of penalty under section 271(l)(c) of the income-tax act, 1961 for the assessment year 1976-77. by the taxation laws (amendment) act of 1975 clause (iii) and explanations 1 to 4 were substituted for the original clause and its explanation with effect from 1-4-1976. ..... as a result of these amendments, penalties have to be levied with reference to the amount of tax sought to be evaded by reason of the .....