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Mono Products Vs. Registrar, Tamil Nadu Taxation Special Tribunal and ...

Court : Chennai

Reported in : (2008)14VST234(Mad)

..... subsequent to the passing of g.o. ms. no. 119 commercial taxes and religious endowments department dated april 13, 1994, either in the form of an intimation amending the agreement originally entered into in respect of the first units, or was there an intimation to the assessee to maintain the base level payment as per g.o ..... the exact quantum in metric tonnes of the goods produced after expansion. the petitioner pointed out that they had approached the t.i.i.c. for suitable amendment to incorporate the value of goods in respect of quantity in weight and that they were awaiting for orders. considering the difficulties expressed, the petitioner prayed for ..... commercial tax officer, second respondent herein, issued a notice under section 24(3) of the tamil nadu general sales tax act, 1959. the series of orders passed, resulted in filing of further original petition before the tamil nadu taxation special tribunal in o.p. nos. 582 to 587 of 2002. by order dated september 13, 2002, the tribunal .....

Indian Bank Vs. Commercial Tax Officer and ors.

Court : Chennai

Reported in : (2008)18VST562(Mad)

..... . state of tamil nadu [1999] 113 stc145 (mad), a division bench of this court held as follows:8. ...sections 24(2) and 26(6) as amended by tamil nadu act 78 of 1986, sufficiently safeguard and also enable the state to enforce the recovery of the taxes and other dues under the tamil nadu general sales tax ..... court observed as under:10. however, the crown's preferential right to recovery of debts, over other creditors is confined to ordinary or unsecured creditors. the common law of england or the principles of equity and good conscience (as applicable to india) do not accord the crown a preferential right for recovery of its debts over a ..... and incisive problems of interpretation arise. since statutory interpretation has no conventional protocol, cases of such conflict have to be decided in reference to the object and purpose of the laws under consideration.20. in icici bank ltd. v. sidco leathers ltd. : air2006sc2088 , the supreme court has held as follows :36. the non obstante nature of .....

V. Shanmughavel and anr. Vs. Commissioner of Central Excise and ors.

Court : Chennai

Reported in : 2001(131)ELT14(Mad); [2002]254ITR717(Mad); (2001)2MLJ581; 2006[2]STR466; [2007]6STT183

..... tax, it will also be better to see some of the provisions of the wealth-tax act, which were heavily relied upon by learned counsel. they are chapter vii-b of the wealth-tax act. that chapter was introduced by the taxation laws (amendment) act, 1972, with effect from november 15, 1972. section 34aa permits the appearance by the ..... 1, 1998, informed the chairman of the institution of valuers that as per sub-clause (g) of clause (41) of section 65 of the finance act, 1994, as amended, the term 'taxable service' has been defined as any service provided to a client, by a consulting engineer in relation to advice, consultancy or technical assistance ..... tax on professionals like consulting engineers, chartered accountants, cost accountants and company secretaries would mean that the income of the above professionals would be subject to double taxation under the guise of service tax. in our opinion, this cannot amount to a challenge to the 'legislative competence'. even otherwise, we are of the .....

Kumudam Printers Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Reported in : (1997)140CTR(Mad)384; [1997]226ITR680(Mad)

..... property is only on the seller and not on the assessee-company, which is the purchaser. chapter xx-a of the act consists of 19 sections (section 269a to section 269s), which was inserted in the act by the taxation laws (amendment) act, 1972, with effect from november 15, 1972. they provide for the acquisition of immovable property in certain cases of transfer ..... the assessee-company as going to increase the cost of the property of the assessee for the grant of depreciation will not be justified. 20. the passage in the law and practice of income-tax by kanga and palkhivala, relied on by mr. p.p.s. janarthanaraja, appearing for the assessee-company, in our opinion, is of ..... to the assessee, depreciation should be granted on this amount as well. 10. learned counsel for the assessee relied on the passages at page 505 of volume i of law and practice of income-tax by kanga and palkhivala, 8th edition, to show that the word 'cost' is not synonymous with the word 'price' and the word 'actual .....

J. Jayalalitha, Vs. the Asst. Commissioner of Income Tax

Court : Chennai

Reported in : (2007)209CTR(Mad)305

..... said that the said expression was used without any purpose. before substitution of the expression 'clause (i) of sub-section (1) of section 142' by the direct tax laws (amendment) act, 1987 w.e.f. 1-4-1989, the expression used was 'sub-section (2) of section 139'. at the relevant point of time the assessing officer was empowered ..... obligatory on the court to raise this presumption, which in that case was the presumption under section 4 of the prevention of corruption act, because unlike a case of presumption of fact, presumption of law constitutes a branch of jurisprudence and this special rule of burden of proof cannot be disregarded. the supreme court held that the ..... evident from the notings from her own statement of total income. there is nothing like 'dormant partner' under the law. 11. the relevant provisions of law can be referred to at this stage. section 276cc of the income tax act, 1961 reads thus:failure to furnish returns of income. 276cc. if a person wilfully fails to furnish in .....

Super Chemicals Vs. Union of India (Uoi)

Court : Chennai

Reported in : 2000(121)ELT298(Mad)

..... since the notification had been issued under delegated legislative powers, it is within the meaning of section 57 of the indian evidence act and hence the amendment notification 142/89 is legal, lawful and reasonable; that the withdrawal of exemption by notification is not against the rules of promissory estoppel, when exemption is not granted ..... granted to potassium chlorate has been withdrawn from the subsidy thereby jeopardising the petitioners and crippling their industrial activity by the introduction of the amendment under section 5a of the act, which empowers the first respondent to grant exemption from duty of excise. at this juncture, the learned counsel would cite a decision of ..... a provision has become a standard feature in several enactments and in particular, taxing enactments. it is equally well settled by now that the power of taxation can be used not merely for raising revenue but also to regulate the economy, to encourage or discourage as the situation may call for, the import .....

A.V. Meiyappan Vs. Commissioner of Commercial Taxes, Board of Revenue, ...

Court : Chennai

Reported in : AIR1969Mad284; [1967]20STC115(Mad)

..... point system. there are about ten wholesale dealers, and importers in these goods in the state."it is urged by mr. v.k. thiruvenkatachari that when the law was amended on the basis of the recommendations contained in this report, it was obviously intended that the articles suggested for single point levy should suffer tax at the hands of ..... that having regard to the underlying intent and the scope of the entry in the schedule, exposed films cannot be brought within the scope of taxation contemplated by section 3 (2) of the act. either it remains a film even after having been exposed, in which event having been already subjected to tax at the point of first purchase ..... intended to be taxed under the single point system. we may however mention that the pattern of taxation of similar articles under act ix of 1939 was different and we cannot interpret the provisions in act 1 of 1959 by any reference to the earlier act.31. the word 'film' occurs in two entries in the schedule, entry no. 6 reads: .....

M/s. MRF Ltd., Vs. The Deputy Commissioner of Income-Tax,

Court : Chennai

..... tax due on the returned income where such shortfall is on account of increase in the rate of surcharge under section 2 of the finance act, 2000 (10 of 2000), as amended by the taxation laws (amendment) act, 2000 (1 of 2001), and the assessee has paid the amount of shortfall, on or before the 15th day of march, 2001 in ..... tax due on the returned income where such shortfall is on account of increase in the rate of surcharge under section 2 of the finance act, 2000 (10 of 2000) as amended by the taxation laws (amendment) act, 2001 (4 of 2001) and the assessee has paid the amount of shortfall on or before the 15th day of march, 2001 in ..... imposition of interest used the expression "may" thereby giving a discretion to the authorities concerned to either reduce or waive the interest. the change brought about by the amending act (finance act, 1987) is a clear indication of the fact that the intention of the legislature was to make the collection of statutory interest mandatory." 28. thus, from the .....

N. Meenakshi Vs. the Assistant Commissioner of Income Tax

Court : Chennai

Reported in : (2009)226CTR(Mad)625

..... :10. we shall first deal with the plea regarding alternative remedy as raised by the appellant-state. except for a period when article 226 was amended by the constitution (42nd amendment) act, 1976, the power relating to alternative remedy has been considered to be a rule of self imposed limitation. it is essentially a rule of policy ..... , convenience and discretion and never a rule of law. despite the existence of an alternative remedy it is within the jurisdiction of discretion of the high ..... impugned order has been made in violation of the principles of natural justice. we may add that where the proceedings itself are an abuse of process of law the high court in an appropriate case can entertain a writ petition.', thereby holding that alternative remedy cannot be a bar for exercise of extraordinary jurisdiction .....

Sukra Diamond Tools Pvt. Ltd. Vs. Deputy Commissioner of Income Tax

Court : Chennai

Reported in : (1997)137CTR(Mad)629; [1998]229ITR682(Mad)

..... 14 of the constitution of india. the supreme court only said that if the same clause of property similarly situated, is subjected to an incidence of taxation, which results in inequality the law may be struck down as creating an inequality amongst holders of the same kind of property. in my opinion, this judgment does not support the proposition propounded ..... additional income-tax had been levied by way of surcharge, the petitioner could have no defence to the levy. but in this case, by way of amending the s. 143(1a)(a) of the it act, the levy is sought to be introduced and the same cannot be supported by any principle of interpretation. 12. mr. s. v. subramaniam, learned ..... is a case which is directly in point. in that case also the assessing authority accepted the return under s. 143(1)(a) of the act and reduced the total loss. consequently, on the basis of the amendment to s. 143(1a)(a) the assessing authority levied a sum equal to 20% of the difference. thereupon the validity of the .....