Judgment Search Results Home > Cases Phrase: the kerala finance act 2003 Page 19 of about 110,289 results (0.974 seconds)

Commissioner of Income-tax Vs. Radha Nagar Cold Storage (P.) Ltd.

Court : Kolkata

Reported in : (1980)18CTR(Cal)166,[1980]126ITR66(Cal)

..... therefore, looking from a broad point of view, in the light of the definition provided in the several dictionaries to which we have referred, it appears to us, that in the context of the present statute, which has used the expression 'processing' in contradistinction or differently from the expression 'manufacture', the assessee-company was engaged in the act of processing the goods in terms of the finance act at the relevant time. ..... act, 1961, the following question has been referred to this court:'whether, on the facts and in the circumstances of the case, the tribunal was correct in holding that the assessee-company was engaged in the processing of goods and was accordingly an industrial company within the meaning of section 2(6)(d) of the finance act, 1968, or under section 2(6)(c) of the finance act, 1969 ?'2. ..... the tribunal, however, held that the treatment given to the chillies by the assessee before export would amount to processing and as the assessee got the chillies fumigated by paying charges therefor under a contract other than purchase, it would be considered as a company engaged in the processing of goods and, therefore, fell under the definition of industrial company under section 2(6)(c) of the finance act, 1971. ..... the kerala high court in the case of cit v. .....

Josco Gold Corporatio Pvt. Ltd. Vs. the Commercial Tax Officer

Court : Kerala

..... it was then contended by the petitioner that the ground, holding of stock exceeding the total quantity held in the previous year, was omitted from the section as per the kerala finance act, 2011 with effect from 1.4.2011 and that therefore, the invocation of the omitted ground is a colourable exercise of power ..... 2.section 8(f) of the kerala value added tax act (hereinafter referred to as the 'act', for short) permits dealers like the petitioner to opt for payment of tax at compounded rates specified in that section ..... per cent, in case their annual turnover for the above goods for the preceding year was above rupees forty lakhs and up to rupees one crore; and at (d) one hundred and fifty per cent, in case their annual turnover for the above goods for the preceding year exceeded rupees one crore; of the highest tax payable by him as conceded in the return or accounts, or tax paid by him under this act, whichever is higher, for a year during ..... state of kerala, represented by the secretary, finance department, government secretariat, trivandrum 001. by ..... any of the three consecutive years preceding that to which such .....

Bharati Telemedia Ltd. Vs. Union of India, Rep. By Secretary and Other ...

Court : Kerala

..... the providing of broadcasting service through dth is a taxable service under the finance act, 1994, as amended, and hence the state legislature cannot subject the same service to a levy of luxury tax through legislation traceable to entry 62 of list ii of the viith schedule to the constitution of india. ii. ..... the levy of luxury tax under the same enactment the kerala tax on luxuries act, 1976 on broadcasting services provided by cable operators, was also found to be within the legislative competence of the state legislature by this court in the case of asianet satellite communications ltd (supra). ..... these writ petitions challenge the constitutional validity of the kerala tax on luxuries act, to the extent it seeks to levy luxury tax on direct to home services (hereinafter referred to as dth services ). ..... i therefore find that the state legislature has the legislative competence to levy a tax on dth services under the kerala tax on luxuries act, 1976. 11. ..... under the kerala tax on luxuries act, 1976, the levy of a tax on luxury provided by a cable operator was first introduced with effect from 01.04.2006. ..... in my view, the said differences in the technology involved or number of intermediaries involved in the delivery of entertainment/luxury content to a subscriber cannot be the basis of a classification for the purposes of the levy under the kerala tax on luxuries act. .....

Syndicate Bank Vs. Nishad Mathew

Court : Kerala

..... in the above context, it is necessary to go into the amendment brought about in the statute, particularly with regard to the schedule, wherein a new provision has been added by virtue of article 4(ii)of the 2nd schedule, specifically making reference to the arbitration and conciliation act, 1996, as per the kerala finance act,2013. ..... the case of the appellant /bank is that, the appellant is required to satisfy only the court fee which was originally paid in the court of the first instance, which is rs 50/- by virtue of section 52 of the kerala court fees and suits valuation act. ..... schedule-ii articleparticularsproper fee1xxxx xxxx 2xxxx xxx 3memorandum of appeal from an order inclusive of an order determining any question under section 47 or section 144 of the code of civil procedure, 1908, and not otherwise provided for when presented(i) xxxx xxxx(ii) xxxx xxxx(iii) to the high court(a) from an order other than an order under the kerala agriculturists debt relief act, 1958. ..... it was accordingly held that, in so far as no reference is there to the arbitration and conciliation act, 1996, the ad valorem court fee under schedule ii article 4(ii) cannot be applied in the said case and hence the issue was answer accordingly with reference to the actual court fee payable under schedule ii article 3(a)(1)(a). 5. .....

Dss Mobile Communications Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (2006)(107)ECC360

..... ) which concluded as under: (b) both the selling of the sim card and the process of activation are 'services' provided by the mobile cellular telephone companies to the subscriber, and squarely fall within the definition of 'taxable service' as defined in section 65(72)(b) of the finance act. ..... they are also exigible to service tax on the value of 'taxable service' as defined in section 67 of the finance act.6. ..... sdr relies upon the kerala high court judgment in the case of escotal mobile communications ltd. v. ..... as per section 67 which is an inclusive section, valuation of taxable services for charging service tax has been explained as includes the amount paid for the adjustments made by the telegraphy authority from any deposits made by the subscriber at the time of application for telephone connection or pager but does not include only initial deposit. ..... relying upon the ratio of the decision arrived at by the kerala high court judgment in escotal mobile communications ltd. ..... as the issue relating to registration lees charged from the customer has since been dropped by the adjudicating authority vide his order-in-appeal dated 31.10.2003, the remaining two issues were to be considered by the commissioner (appeals) in the impugned order and he has come to the conclusion that there is no merit in their appeal.5. .....

Hero Cycles (P.) Ltd. Vs. Surtax Officer

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1994)49ITD57(Chd.)

..... counsel has submitted that the amendment made w.e.f.1-4-1962, was a retrospective legislation and, therefore, since this amendment came on the statute book under the finance act, 1990, the assessee was not at all under the belief that such receipts could be subjected to tax by way of retrospective amendment. ..... but after the amendment introduced by the finance act, 1990, the receipt from sale of import entitlement was made taxable with retrospective effect from 1-4-1962. ..... sections 2(24)(va) and 28(iiia) of the income-tax act were amended by the finance act, 1990.10. ..... that was a case where the question of filing an application of revision came to be considered under the kerala buildings (lease and rent control) act, 1965. ..... the kerala high court in the case of cochin co. v. ..... since the kerala act of 1965 had already a provision regarding revision, it was held that the second revision could not be filed under section 115 c.p.c.therefore, the said decision also is altogether on a different point.5. ..... in the two revision petitions, the assessee explained the circumstances accounting for delay in filing and under-estimating the advance-tax.the commissioner, while dealing with the revision petitions, informed the assessee that he could not interfere so long the appeal filed before the aac was not heard. .....

ito Vs. Gargh Sons

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2004)87TTJAgra488

..... . he has further mentioned that the language of the circular in question issued by cbdt would show that they were issued under section 119 of the act.he has further mentioned that the reliance made upon the decision in the case of kerala finance corporation v ..... . he has also mentioned that the decision in the case of kerala finance corporation (supra) has been overruled on facts only and not in respect of the proposition of law relied upon by this bench.the learned departmental representative has further mentioned that the hon'ble rajasthan high court, jaipur bench, in the case of cit v.rajasthan patrika ltd ..... . cit (1999) 237 itr 889 (sc) thus the bench was not justified to make a reliance upon the decision in the case of kerala finance corporation (supra) ..... has not been issued in exercise of power conferred on cbdt under section 119 of the act, the same cannot, be held to be statutory in nature but is merely the administrative instruction for the guidelines of the it authorities, hence, the same could not be enforced through court of law.thus, according to our view, unless it is held that the instructions in question have been issued by the cbdt in exercise of its power conferred under section 119 of the act, the same cannot be said to be statutory in nature and would be an administrative instruction ..... . jain motors & tractors (2003) 78 ttj (agra) 134, learned counsel mentioned that the law laid down by the jurisdictional high court in cit v .....

T.K. Roy, Vs. Commissioner of Wealth-tax

Court : Guwahati

..... order, the cwt had the following question referred for the opinion of the high court; ' whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the finance act, 1969, was not retrospective in effect and the penalties under section 18(1)(a) of the w.t. ..... (sc) , the supreme court observed as follows (page 463) : ' furthermore, it is the finance act which fixes the rate of interest payable under sub-section (2) of section 220 and it is common knowledge that every year the finance act makes important amendments in the rates payable under the various provisions of the i.t. ..... act, 1957, as amended by the finance act, 1969, is not retrospective in its operation.under section 18 the wrongful act on the part of an assessee becomes complete as soon as he does not file the return of his wealth on the ..... in these circumstances, therefore, it is not within the competence of the ito to vary the rate of interest fixed by the finance act under sub-section (2) of section 220 from time ..... talukdar, learned counsel for the revenue, the kerala high court took, however, a contrary view, holding that the omission which had been made penal under the act, as it originally stood before the amendments, and which offence was complete on the expiry of the due date, had been, after the amendment, made into a continuing offence, an offence that repeated ..... ]108itr689(ker) , the kerala high, court no doubt held that after the amendment of section 18(1) by the w.t, (amend. .....

T. K. Roy Vs. Commissioner of Wealth-tax. S. Karam Singh V. Commission ...

Court : Guwahati

..... aggrieved by this order, the cwt had the following question referred for the opinion of the high court : "whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the finance act, 1969, was not retrospective in effect and the penalties under section 18(1)(a) of the w. t. ..... thereafter, penalty was levied under section 18(1)(a)(i) of the act a amended by section 24 of the finance act of 1969 (hereinafter called "the 1969 amendment act").the assessee appealed to the aac of wealth-tax. ..... april 1, 1965 to march 31, 1969, was under section 18(1)(a)(i) of the act as amended by the 1964 amendment and for the period after april 1, 1969, under section 18(1)(a)(i) as amended by the 1969 amendment.an application having been made by the assessee for a reference, the tribunal has made this reference under section 27(1) of the act and has referred the following question to us for opinion :"whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the calculation of the penalty up to march 31, 1965, was to be made under section ..... thereafter, penalty was levied under section 18(1)(a)(i) of the act as amended by section 24 of the finance act of 1969 (hereinafter called the "1969 amendment").the assessee appealed to the aac of the wealth-tax. ..... pathummabi : [1977]108itr689(ker) , the kerala high court no doubt held that after the amendment of section 18(1) by the w.t. .....

M/S. Chillies Exports House Ltd. Vs. Commissioner of Income-tax

Court : Supreme Court of India

Reported in : AIR1997SC2223; (1997)140CTR(SC)1; [1997]225ITR814(SC); JT1997(4)SC705; 1997(3)SCALE562; (1997)5SCC157; [1997]3SCR907

..... making them fit for export and before export clipping stemming of chillies were alone done by them but the activity relating to fumigation by the treatment of methyl bromide was done by another on its behalf, and so the assessee cannot claim the benefit and the totality of the activities cannot be considered as having been done by the assessee and it is on this basis of reasoning, it was held that in this view it cannot be said that the assessee was engaged in the processing of goods within the meaning of finance act no. ..... on the basis of these facts, the high court in the earlier decision : [1978]115itr73(mad) : [1978]115itr73(mad) concluded that the relevant section of the finance act - section 2(6)(c) - suggests that the appellant company itself should engage in the entire activity which leads to the final processing of the goods. ..... : [1990]185itr472(ker) held that when the assessee company was engaged in processing raw cashew nuts and the major operation of processing work was done by outside agencies on behalf of the assessee and charges, therefor, were paid by the assessee, the assessee was engaged in manufacture and processing of the goods and was an industrial company within the meaning of section 2(6)(c) of the finance act, 1972. ..... the kerala high court in commissioner of income-tax v. .....