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Director General of Foreign Trade and Anr Vs. M/S Kanak Exports and An ...

Court : Supreme Court of India

..... ) based on these reports an exercise was initiated for carrying out amendments in the handbook of procedure (volume i) with series of meetings and open houses with the apex chambers of commerce and industry, export promotion councils, trade associations, commodity boards. ..... two views were possible about the expression incremental growth in exports by 25% and the government adopted the interpretation as reflected in the notification dated 28.1.2004 which is quite in consonance with the objects of the act, exim policy and the incentive scheme rather than the interpretation canvassed by the petitioner. ..... the relevant provisions of the exim policy, as amended upto march 31, 2003, and relevant for the purpose of the present case, are paras 1.1, 1.2, 1.3, 2.2, 2.3, 2.4, 2.6, 2.8, 2.9 and 2.10 and the same are reproduced below: 1.1 in exercise of the powers conferred under section 5 of the foreign trade (development & regulation) act, 1992 (no.22 of 1992) the central government hereby notifies the export and import policy for the period 2002- 2007. ..... manufacturer exporters in small scale industry/tiny sector/cottage sector, units registered with kvics/kvibs, units located in north eastern states, sikkim and j&k, units exporting handloom/handicrafts/hand knotted or silk carpets, exporters exporting to countries in latin america/cis/sub-saharan africa as listed in appendix-9, units having iso9000(series)/iso14000series)/whogmp/haccp/sei cmm level- ii .....

Olympic Oil Industries Ltd. and Another Vs. State of Maharashtra and O ...

Court : Mumbai

Reported in : [1987]65STC191(Bom)

..... judgment, decree or order of any court or tribunal to the contrary, on and after the date of commencement of the bombay sales tax (amendment) act, 1985 (hereinafter in this section referred to as 'the commencement date'), the eligibility certificate granted to any registered dealer of an edible oil unit in accordance with the provisions of any package scheme of incentives shall case to have any effect in relation to the exemption from payment of tax under this act or under the central sales tax act, 1956, and the certificate of entitlement issued in favour of such registered ..... thereafter with a view to give graded incentive so as to ensure that the new industries going into interior and more backward regions get more incentives progressively at a reduced rate, the state government by its resolution dated 23rd october, 1973, decided to divide various areas of the state into 4 groups and modified the package scheme of incentives with effect from 15th august, 1973, under which the interest-free loan was given by sicom on the basis of sales tax paid by the new unit for 6 to 10 years ..... thus the package scheme of the incentives was meant for promotion of industries in undeveloped and developing parts of the state. .....

The Commissioner of Income Tax-8, Mumbai and Others Vs. M/s. Sulzer In ...

Court : Mumbai

..... notwithstanding anything to the contrary contained in the act or in the rules or in any of the package scheme of the incentives or in the power generation promotion policy 1998, the eligible unit to whom the entitlement certificate has been granted for availing of the incentives by way of deferment of sales tax, purchase tax, additional tax, turn over tax or surcharge as the case may be, may, in respect of any of the periods during which, the said certificate is valid, at its option, prematurely in place of the amount of tax deferred by it an amount, equal to the net present value of the deferred tax as may ..... 38(4) of the sales tax act, wherein sicom or the relevant regional development corporation or the district industries centre concerned was to convert the deferred sales tax into a loan and thereafter as per 2002 amendment, fourth proviso to sec. ..... the commissioner of income tax (appeals), in his order of 19th january, 2007, held that the assessee was beneficiary of sales tax deferral scheme of the government of maharashtra. ..... the tribunal dealt with two appeals, one by the assistant commissioner of income tax, 8(iii), mumbai being income tax appeal no.2871/mum/2007 and another by the assessee being income tax appeal no.2944/mum/2007. ..... those were admittedly raised on the factual background that deferred sales tax was to be paid in the year 2007. ..... these were cross appeals against the order of the commissioner of income tax (xix) dated 19th january, 2007. 2. mr. .....

Barmecha'S Impex (P) Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)7SOT26(Mum.)

..... it is true subsequently the explanation/definition stood omitted.though the principle of promissory estoppel cannot strictly be imported into the income tax act, it also goes against the principle of natural justice and the principle of good governing that once the statute gives an incentive to an assessee for a number of fixed years and the assessee on the basis of that gets the benefit, consequently abruptly the benefit is withdrawn and the assessee is deprived of the benefit and the promises and the inducement that made the assessee to venture into the new business. ..... in the instant case, the assessee established an undertaking at sepz, sachin and claimed the benefit of deduction and it was allowed to the assessee for two years.the section was brought into the statute book to promote industrialization and to improve foreign exchange earnings for the country. ..... as an incentive for earning foreign exchange, section 10a has been amended with effect from 1-4-1981, when it was first introduced, to clarify that units that merely assemble or process goods for export would also get the benefit of the tax holiday ..... the amendment also covers units which carry out recording of programmes on any disc, tape, perforated media or other information storage device.in this regard, the board had already issued instruction in november 1986.19.2 the amendment will come into force retrospectively from 1-4-1981, and will, accordingly, apply in relation to the assessment year 1981-82 and subsequent years .....

Barmecha'S Impex (P) Ltd. Vs. Deputy Commissioner Of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)105TTJ(Mum.)533

..... though the principle of promissory estoppel cannot strictly be imported into the it act, it also goes against the principle of natural justice and the principle of good governing that once the statute gives an incentive to an assessee for a number of fixed years and the assessee on the basis of that gets the benefit, subsequently abruptly the benefit is withdrawn and the assessee is deprived of the benefit and the promises and the inducement that made the assessee to venture into the new ..... the instant case, the assessee established an undertaking at sepz, sachin and claimed the benefit of deduction and it was allowed to the assessee for two years.the section was brought into the statute book to promote industrialization and to improve foreign exchange earnings for the ..... an incentive for earning foreign exchange, section 10a has been amended w.e.f ..... [(1988) 67 ctr (st) 1] explaining the provisions of finance act, 1987, learned counsel submitted, the amendment to extend tax holiday to the units in free trade zones is clarificatory ..... (supra), the legislature, for removal of doubt, amended section 10a by finance act, 2003 and inserted a new expln. ..... counsel further submitted, the amendment brought in the section is clarificatory ..... 19.2 the amendment will come into force retrospectively from 1st april, 1981, and will, accordingly, apply in relation to the asst ..... the amendment also covers units which carry out recording of programmes on any disc, tape, perforated media or other information .....

M/s.k.b.tea Product Pvt.ltd. Vs. Commercial Tax Officer,siliguri .

Court : Supreme Court of India

..... subsequent to the amendments, the state scheme of incentives for cottage and small-scale industries, 1993 was amended, for the purpose of providing incentives and promotion of large, medium and small scale industrial units.4. ..... 2.5 it is the case on behalf of the appellants that relying upon the said scheme and the amendment made in the definition of manufacture under section 2(17) of the act, 1994, at the relevant time, the appellants had set up a new small scale industrial unit for the purpose of carrying on the business of manufacturing blended tea. ..... 2.2 by virtue of the amendment made in the definition of manufacture provided under section 2(17) of the act, 1994, tax holiday was granted to new small scale industrial units for a specified period under section 39 of the act, 1994 read with section 17(3)(a)(xi) of the act, 1994 with rule 52 of the west bengal sales tax rules, 1995 (hereinafter referred to as rules, 1995 ). ..... in view of the above and for the reasons stated above, i am in complete agreement with the view taken by the learned tribunal as well as the high court that on and after 01.08.2001 and in view of the amendment to section 2(17) of the act, 1994, by which the definition of manufacture is amended and tea blending is excluded from the definition of manufacture , the appellants shall not be entitled to the exemption from payment of sales tax. ..... , (2007) 4 scc737 5.8 making above submissions, it is prayed to dismiss the present appeals.6. .....

Commissioner of Income-tax Vs. K.K. Doshi and Co.

Court : Mumbai

Reported in : (2000)163CTR(Bom)472; [2000]245ITR849(Bom)

..... the supreme court held on the facts of that case that import entitlements did not originate from the industrial undertaking of the assessee, but it came from the export promotion scheme of the government. ..... in that matter, on the facts, the supreme court held that since the export entitlements were made available under the scheme of the government, the nexus between the profits and the industrial undertaking was only incidental and not direct. ..... the supreme court held that the words 'derived from' indicated a direct nexus between the profits and gains on the one hand and the industrial undertaking on the other hand since under section 80hh the expression used is 'derived from the industrial undertaking'. ..... it is for this reason that the legislature amended the above formula by amending the law from the assessment year 1992-93 by clarifying that in the above formula the business profits will not include receipts by way of brokerage, commission, interest, rent charges or any other receipt of a similar nature. ..... the division bench held in favour of the assessee on the basis of the retrospective amendment to section 28 of the act by the finance act, 1990, making such receipts taxable as business profits. ..... the incentive provided was in the form of exemption of profits relatable to exports. ..... section 80hhc was intended to provide incentives to promote exports to earn foreign exchange for the country. .....

Commissioner of Income Tax Vs. K.K. Doshi and Co.

Court : Mumbai

Reported in : [2001]112TAXMAN503(Bom)

..... the supreme court held on facts of that case that import entitlements did not originate from the industrial undertaking of the assessee, but it came from export promotion scheme of the government. ..... it is for this reason that the legislature amended the above formula by amending the law from the assessment year 1992-93 by clarifying that in the above formula, the business profits will not include receipts by way of brokerage, commission interest, rent charges or any other receipt of a similar nature. ..... the division bench held in favour of the assessee on the basis of the retrospective amendment to section 28 of the act by the finance act, 1990 making such receipts taxable as business profits. ..... in that matter, on facts, the supreme court held that since export entitlements were made available under the scheme of the government, the nexus between the profits and the industrial undertaking was only incidental and not direct. ..... the supreme court held that the words 'derived from' indicated a direct nexus between the profits and gains on one hand and the industrial undertaking on the other hand since under section 80hhc, the expression used is 'derived from industrial undertaking'. ..... the incentive provided was in the form of exemption of profits relatable to exports. ..... section 80hhc was intended to provide incentives to promote exports to earn foreign exchange for the country. .....

Sri Gurudeva Industries by Its Managing Partner Vs. the Director, Depa ...

Court : Karnataka

Reported in : ILR2008KAR1765; 2008(3)KarLJ622; 2008(2)KCCR1124; AIR2008NOC1939

..... pursuant to this, the karnataka agricultural produce marketing (regulations) (amendment) act, 2007 was enacted and published in the gazette as on 16.8.2007, wherein in amending section 65, sub-section 4 is incorporated, which reads as follows:4. ..... further, insofar as the agro processing industries, such as the petitioner are concerned, it is declared that as an incentive for setting up of new agricultural produce processing industries the market cess in respect of procurement of produce by the processing industries directly from the farmers would be exempted and that necessary amendment to the existing law would be brought about by the cooperation department in this regard. ..... therefore, the new industrial policy had announced incentives for setting up of new agricultural produce processing industries by exempting the payment of market cess in respect of such procurement, by the processing industries, such as the petitioner, which were procuring the produce directly from the farmers. ..... the counsel for the petitioner would contend that in terms of the industrial policy published in the karnataka gazette, dated 14.9.2006, and in terms of the government order dated 26.8.2006, the industrial policy and the incentives package would be deemed to have come in to effect from 1.4.2006 and thereafter, for a span of five years there from up to 31.3.2011. .....

Ashoka Kumar Thakur Vs. Union of India (Uoi) and ors. (Obc Judgment)

Court : Supreme Court of India

Reported in : 2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534

..... in the statement of objects and reasons of the constitution (ninety- third amendment) act, 2005 it has been stated that:at present, the number of seats available in aided or state maintained institutions, particularly in respect of professional education, is limited in comparison to those in private unaided institutions.to promote the educational advancement of the socially and educationally backward classes of citizens, i.e. ..... we feel that such questions could be decided as the main questions that are involved in these petitions are specific regarding act 5 of 2007, we leave open the question as to whether the ninety-third amendment to the constitution by which sub-clause (5) was inserted is violative of the basic structure doctrine or not so far as it relates to 'private unaided' educational institutions to be decided in other appropriate cases. ..... under the 1919 act, governors of the provinces give instruction to take measures for the social and industrial welfare of the people and tending to fit all classes of population. ..... it is the stand of the respondents that not only reservations but other incentives like free lodging and boarding facilities have been provided in some states. 47. .....