Judgment Search Results Home > Cases Phrase: taxation laws amendment act 2007 chapter ii central sales tax Court: us supreme court Page 2 of about 308 results (0.342 seconds)

Central Bank of India Vs. State of Kerala and ors.

Court : Supreme Court of India

Reported in : [2010]153CompCas497(SC); JT2009(3)SC216; 2009(3)SCALE451; (2009)4SCC94; (2009)12VatReporter137; (2009)21VST505(SC); JT2009(1)SC216

..... parliament, and under that proviso, parliament can do what the central legislature could not under section 107(2) of the government of india act and enact a law adding to, amending, varying, repealing a law of the state, when it relates to a matter mentioned in the concurrent list. the proposition then is that under the constitution parliament can ..... upheld.(iii) the basic justification for the claim for priority of government debts rests on the well-recognised principle that the state is entitled to raise money by taxation, otherwise it will not be able to function as a sovereign government at all. this consideration emphasizes the necessity and wisdom of conceding to the state the ..... overlapping found between list ii on the one hand and list i and list iii on the other, the state law will be ultra vires and shall have to give way to the union law.(3) taxation is considered to be a distinct matter for purposes of legislative competence. there is a distinction made between general subjects .....

J.K. Industries Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : [2008]143CompCas325(SC); (2008)5CompLJ369(SC); (2007)213CTR(SC)301; [2008]297ITR176(SC); 2007(13)SCALE204; [2007]80SCL283(SC); 2007AIRSCW7443

..... representing current tax; and(b) the deferred tax assets and the deferred tax liabilities relate to taxes on income levied by the same governing taxation laws.30. deferred tax assets and liabilities should be distinguished from assets and liabilities representing current tax for the period. deferred tax assets and liabilities ..... legally enforceable right to set off an asset and liability representing current tax when they relate to income taxes levied under the same governing taxation laws and the taxation laws permit the enterprise to make or receive a single net payment.29. an enterprise should offset deferred tax assets and deferred tax liabilities if ..... the schedule by making appropriate rules under section 641. there is one more way of looking at the arguments. the companies act has been enacted to consolidate and amend the law relating to companies and certain other associations. under section 211(3a) accounting standards framed by national advisory committee on accounting standards .....

All India Federation of Tax Practitioners and ors. Vs. Union of India ...

Court : Supreme Court of India

Reported in : AIR2007SC2990; (2008)5CompLJ488(SC); (2007)211CTR(SC)449; 2007(120)ECC451; 2007LC451(SC); [2007]293ITR406(SC); JT2007(10)SC305; (2007)6MLJ1062(SC); 2007(10)SCALE178; 2007(7)SCC527

..... came to be levied statutorily by the said finance act, 1994, which has subsequently attained constitutional status by virtue of the constitution (eighty-eighth amendment) act, 2003.(iii) interpretation of taxing entries in the seventh schedule to the constitution:24. constitutional law, like taxing law, essentially concerns concepts and principles.25. in the ..... in the lists has to be given a schematic interpretation. as stated above, constitutional law is about concepts and principles. some of these principles have evolved out of judicial decisions. the said test is also applicable to taxation laws. that is the reason why the entries in the lists have been divided into ..... and goods carried on national highway was within the exclusive legislative competence of parliament and, therefore, section 3(3) of haryana passengers and goods taxation act, 1952 was beyond the legislative competence of the state legislature. this argument was rejected by the division bench of this court, which took the .....

K.T. Plantation Pvt. Ltd. and anr. Vs. State of Karnataka

Court : Supreme Court of India

..... of this court on 28.07.04 and this court passed an order framing the following substantive questions of law:- 1. whether section 110 of the karnataka land reforms act, 1961, as amended by the karnataka land reforms amendment act, 1973, (act 1 of 1974), which came into effect from 01.03.1974, read with section 79 b of ..... private property in the course of military operations. the police power fetters rights of property while eminent domain takes them away. power of taxation does not necessarily involve a taking of specific property for public purposes, though analogous to eminent domain as regards the purposes to which the contribution of the ..... imposed on private property in the public interest, e.g. in connection with health, sanitation, zoning regulation, urban planning and so on from the power of taxation, by which the owner of private property is compelled to contribute a portion of it for the public purposes and from the war-power, involving the destruction of .....

E.P.F.Commissioner Vs. O.L.of Esskay Pharmaceuticals Ltd.

Court : Supreme Court of India

..... rider that in the case of insolvent companies, law of insolvency will be applicable in accordance with the provisions of the companies act. section 529 deals with application of insolvency rules in winding up of insolvent companies. section 530, as it existed prior to the amendment of the companies act by act no.35 of 1985, gave priority to ..... (iii) the basic justification for the claim for priority of government debts rests on the well-recognised principle that the state is entitled to raise money by taxation, otherwise it will not be able to function as a sovereign government at all. this consideration emphasises the necessity and wisdom of conceding to the state the ..... court referred to the statement of objects and reasons contained in the bill and observed: the proviso to sub-section (1) of section 529 inserted by the amending act clearly provides that the security of every secured creditor shall be deemed to be subject to a pari passu charge in favour of the workmen . the effect of .....

Commissioner of Income Central Ii Vs. Suresh N. Gupta

Court : Supreme Court of India

Reported in : (2008)214CTR(SC)274; [2008]297ITR322(SC); JT2008(1)SC208; 2008(1)SCALE99; (2008)4SCC362; 2008AIRSCW1066

..... falls, the rate at which tax is imposed and lastly, the value to which the rate is applied for computing tax liability.applicability of the finance act, 2001:19. applying the law as discussed hereinabove, we find that in the present case, the ao has imposed surcharge of 17% on. the tax calculated at 60% on the ..... the year in which block assessment order was passed. according to the assessee, there was a conference of chief commissioners which had suggested to the central government to amend section 113 with retrospective effect. however, despite such recommendations, the central government inserted the proviso in section 113 only with effect from 1.6.2002. therefore, ..... indicated that the fa of the year in which the search was initiated would apply. therefore, in our view, the said proviso was clarificatory in nature. in taxation, the legislation of the type indicated by the proviso has to be read strictly. there is no question of retrospective effect. the proviso only clarifies that out .....

Assessing Officer Circle (international Taxation) 2(2)(2) New Delhi Vs ...

Court : Supreme Court of India

..... avoid ambiguity. issuing such decrees are not akin to notifications statutorily required to give effect to automatic amendments but just represents the understanding of the dutch authorities. under netherlands law to give effect to a dtaa, parliamentary approval under article 91 of the netherlands constitution is required. the process is that it has ..... , as the case may be, to promote mutual economic relations, trade and investment, or (b) for the avoidance of double taxation of income under this act and under the corresponding law in force in that country or specified territory, as the case may be, or (c) for exchange of information for the ..... concerned. ****************** **************** 29. in our view, the contention is wholly misconceived. section 90, as we have already noticed (including its precursor under the 1922 act), was brought on the statute book precisely to enable the executive to negotiate a dtac and quickly implement it. even accepting the contention of the respondents that .....

M/S. Steel Authority of India Ltd. (Unit Bhilai Steel Plant) Ispat Bha ...

Court : Supreme Court of India

..... has been short-levied or short-paid. 57. the procedure laid down under rule 173-b of the rules has specifically been included in the act. furthermore, by reason of the amended act a provision has been made for reopening the approved classification lists. it is a procedural provision, in terms whereof statutory authorities are required to ..... since those rules were laid on the table of the house by implication they were approved by the house without any amendment. so, that is more or less the law now. we are only incorporating it in the act, as recommended by the committee on subordinate legislation. 46. it is apparently thus that section 11a came to be inserted ..... rendered by the person but the income received or the income which has accrued to the person within the chargeable accounting period that is the subject-matter of taxation. that is the proper method of approach while considering the taxability or otherwise 54 of income and no considerations of the work done for broken periods or .....

State of West Bengal Vs. Calcutta Club Limited

Court : Supreme Court of India

..... the central sales tax act, 1956 (may, 1974) (hereinafter referred to as the 61st law commission report ), which preceded the enactment of article 366(29-a) of the constitution of india; the statement of objects and reasons appended to the constitution 8 (forty-sixth amendment) bill, 1981 [enacted as the constitution (forty-sixth amendment) act, 1982]. (hereinafter ..... came up for consideration in that case was whether electro-magnetic waves can be said to be goods , so as to be the subject matter of taxation within article 366. this was answered in the negative as follows:27. 71. for the reasons stated by us earlier we hold that the electromagnetic waves ..... , a result which can be achieved only by amending the constitution. 1d.7. amendment of constitution not needed.- we do not think that it would be appropriate to amend the constitution of this purpose. the number of such clubs and associations would not be very large. moreover, taxation of such transactions might discourage the co- operative .....

State of Kerala and Others Vs. fr.william Fernandez Etc Etc

Court : Supreme Court of India

..... to pay the tax and the rate at which the tax is to be paid. if there is any ambiguity regarding any of these ingredients in a taxation statute then there is no tax in law. then it is for the legislature to do the needful in the matter. 63. there cannot be any dispute to the proposition as laid down by ..... paragraph 41.3 following has been held: 41.2. at the same time, it is also mandated that there cannot be imposition of any tax without the authority of law. such a law has to be unambiguous and should prescribe the liability to pay taxes in clear terms. if the provision concerned of the taxing statute is ambiguous and vague and is ..... salt act, 1944 (act 1 of 1944) as amended by the bill set out in the annexure be inconsistent with the provisions of article 289 of the constitution of india?. 97. in the above context, this court had examined the 80 distribution of legislative power between the union and the states. this court held that there is no overlapping in the matter of taxation .....