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Start Free TrialFinance Act 1994 Chapter 5
Title: Service Tax
State: Central
Year: 1994
.....to carry out any 80[service, repair, reconditioning or restoration] of any motor car, light motor vehicle or two wheeled motor vehicle manufactured by such manufacturer; 39[(9a) "automated teller machine" means an interactive automatic machine designed to dispense cash, accept deposit of cash, transfer money between bank accounts and facilitate other financial transactions; (9b) "automated teller machine operations, maintenance or management service" means any service provided in relation to automated teller machines and includes site selection, contracting of location, acquisition, financing, installation, certification, connection, maintenance, transaction processing, cash forecasting, replenishment, reconciliation and value-added services; (9c) "banker to an issue" means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934(2 of 1934), carrying on the activities relating to an issue including acceptance of application, application money, allotment money and call money, refund of application money, payment of dividend and interest warrants;] (10) "banking" has the meaning assigned to it in clause (b) of section 5 of the B anking.....
View Complete Act List Judgments citing this sectionProvisional Collection Taxes Act, 1931 Section 5
Title: Certain Refunds to Be Made when Declarations Cease to Have Effect
State: Central
Year: 1931
(1) Where a declared provision comes into operation as an enactment in an amended form before the expiry of the [The period temporarily extended to 120 days by Act 12 of 1957, section 2.] sixteenth day after the day on which the Bill containing it was introduced, it refunds shall be made of all duties collected which would not have been collected if the provision adopted in the enactment had been the declared provision: Provided that the rate at which refunds of any duty may be made under this sub-section shall not exceed the difference between the rate of such duty proposed in the declared provision and the rate of such duty in force when the Bill was introduced. (2) Where a declared provision ceases to have the force of law under clause (b) or clause (c) of sub-section (2) of section 4, refunds shall be made of all duties collected which would not have been collected if the declaration in respect of it had not been made.
View Complete Act List Judgments citing this sectionFinance Act, 2000 Complete Act
State: Central
Year: 2000
.....Be it enacted by Parliament in the Fifty-first Year of the Republic of India as follows :- SECTION 01: SHORT TITLE AND COMMENCEMENT (1) This Act may be called the Finance Act, 2000. (2) Save as otherwise provided in this Act, Sections 2 to 77 shall be deemed to have come into force on the 1st day of April, 2000. SECTION 02: INCOME TAX (1) Subject to the provisions of sub-sections (2) and (3), for the assessment year commencing on the 1st day of April, 2000, income-tax shall be charged at the rates specified in Part I of the First Schedule and such tax as reduced by the rebate of income-tax calculated under Chapter VIII-A of the Income Tax Act, 1961 (43 of 1961) (hereinafter referred to as the Income Tax Act) shall be increased,- (a) in the cases to which Paragraphs A, B, C and D of that Part apply, by a surcharge for purposes of the Union; and (b) in the cases to which Paragraph E of that Part applies, by a surcharge, calculated in each case in the manner manner provided therein. (2) In the cases to which Paragraph A of Part I of the First Schedule applies, where the assessee has, in the previous year, any net agricultural income exceeding six hundred rupees, in.....
List Judgments citing this sectionFinance (No. 2) Act, 2004 Chapter 5
Title: Service Tax
State: Central
Year: 2004
.....clause shall be inserted, namely:-- '(46a) "forwardcontract" has the meaning assigned to it in clause (c) of section 2 of theForward Contracts (Regulation) Act, 1952(74 of 1952);'; (x) after clause (50), the following clauses shall beinserted, namely:-- '(50a) "goodscarriage" has the meaning assigned to it in clause (14) of section2 of the Motor Vehicles Act, 1988(59 of 1988); (50b) "goodstransport agency" means any commercial concern which provides service inrelation to transport of goods by road and issues consignment note, by whatevername called;'; (xi)after clause (55), the following clauses shall be inserted, namely:-- '(55a) "intellectualproperty right" means any right to intangible property, namely, trademarks, designs, patents or any other similar intangible property, under any lawfor the time being in force, but does not include copyright; (55b) "intellectualproperty service" means,-- (a)transferring, whetherpermanently or otherwise; or (b)permitting the use orenjoyment of, any intellectual property right;'; (xii) after clause (75), the following clauses shall beinserted, namely:-- '(75a) "opinion poll" means any service designedto secure.....
View Complete Act List Judgments citing this sectionFinance (No. 2) Act, 2004 Section 90
Title: Amendment of Act 32 of 1994
State: Central
Year: 2004
.....clause shall be inserted, namely:-- '(46a) "forwardcontract" has the meaning assigned to it in clause (c) of section 2 of theForward Contracts (Regulation) Act, 1952(74 of 1952);'; (x) after clause (50), the following clauses shall beinserted, namely:-- '(50a) "goodscarriage" has the meaning assigned to it in clause (14) of section2 of the Motor Vehicles Act, 1988(59 of 1988); (50b) "goodstransport agency" means any commercial concern which provides service inrelation to transport of goods by road and issues consignment note, by whatevername called;'; (xi)after clause (55), the following clauses shall be inserted, namely:-- '(55a) "intellectualproperty right" means any right to intangible property, namely, trademarks, designs, patents or any other similar intangible property, under any lawfor the time being in force, but does not include copyright; (55b) "intellectualproperty service" means,-- (a)transferring, whetherpermanently or otherwise; or (b)permitting the use orenjoyment of, any intellectual property right;'; (xii) after clause (75), the following clauses shall beinserted, namely:-- '(75a) "opinion poll" means any service designedto secure.....
View Complete Act List Judgments citing this sectionFinance (No.2) Act, 2004 Complete Act
State: Central
Year: 2004
FINANCE (NO.2) ACT, 2004 FINANCE (NO.2) ACT, 2004 22 of 2004 PREAMBLE An Act to give effect to the financial proposals of the Central Government for the financial year 2004- BE it enacted by Parliament in the Fifty-fifth Year of the Republic of India as follows: CHAPTER 1: PRELIMINARY: SECTION : Short Title and Commencement: (1) This Act may be called the Finance (No. 2) Act, 2004. (2) Save as otherwise provided in this Act, (S.2) to (S.60) shall lie deemed to have come into force on the 1st day of April, 2004. CHAPTER 2: RATES OF INCOME-TAX: SECTION 2: Income-tax: (1) Subject to the provisions of sub-sections (2) and (3), for the assessment year commencing on the 1st day of April, 2004, income-tax shall be charged at the rates specified in Part I of the First Schedule and such tax as reduced by the rebate of income-tax calculated under Chapter VIII-A of the Income-tax Act, (43 of 1961) (hereinafter referred to as the Income-tax Act) shall be increased by a surcharge for purposes of the Union calculated in each case in the manner provided therein. (2) In the cases to which Paragraph A of Part I of the First Schedule applies, where the.....
List Judgments citing this sectionService Tax Chapter V of the Finance Act, 1994 Complete Act
State: Central
Year: 1994
.....motor vehicle manufacturer, to carry out any 3[service, repair, reconditioning or restoration] of any motor car or two wheeled motor vehicle manufactured by such manufacturer; 4[(9a) " automated teller machine " means an interactive automatic machine designed to dispense cash, accept deposit of cash, transfer money between bank accounts and facilitate other financial transactions; 5[(9b) " automated teller machine operations, maintenance or management service " means any service provided in relation to automated teller machines and includes site selection, contracting of location, acquisition, financing, installation, certification, connection, maintenance, transaction processing, cash forecasting, replenishment, reconciliation and value-added services;] 6[(9c) " banker to an issue " means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934 (2 of 1934), carrying on the activities relating to an issue including acceptance of application, application money, allotment money and call money, refund of application money, payment of dividend and interest warrants;] (10) " banking " shall have the meanings assigned to it in clauses (b) of section 5 of.....
List Judgments citing this sectionFinance Act 1994 Section 73
Title: Recovery of Service Tax Not Levied or Paid or Short Lived or Short-paid or Erroneously Refunded
State: Central
Year: 1994
.....but for this sub-section. 4[Explanation 2.--For the removal of doubts, it is hereby declared that no penalty under any of the provisions of this Act or the rules made thereunder shall be imposed in respect of payment of service-tax under this sub-section and interest thereon.] (4) Nothing contained in sub-section (3) shall apply to a case where any service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded by reason of-- (a) fraud; or (b) collusion; or (c) wilful misstatement; or (d) suppression of facts; or (e) contravention of any of the provisions of this Chapter or of the rules made thereunder with intent to evade payment of service tax. (5) The provisions of sub-section (3) shall not apply to any case where the service tax had become payable or ought to have been paid before the 14th day of May, 2003. (6) For the purposes of this section, "relevant date" means,-- (i) in the case of taxable service in respect of which service tax has not been levied or paid or has been short-levied or short-paid-- (a) where under the rules made under this Chapter, a periodical return, showing particulars of service tax paid.....
View Complete Act List Judgments citing this sectionGovernment Savings Banks Act, 1873 Complete Act
State: Central
Year: 1873
.....of the State of Bihar. The Act was extended to the Union territory of Himachal Pradesh by H.P. A.L.O., 1948. H.P. is a 'State' from 25-1-1971-See Act 53 of 1970. The Act has now been extended to the Union territories of- (1) Dadra and Nagar Haveli by Regn. 6 of 1963 (1-7-1965); (2) Pondicherry by Regn. 7 of 1963 (1-10-1963); (3) Laccadive, Minicoy and Amindivi Islands (Now called Lakshdweep) by Regn. 8 of 1965 (1-10-1967). The Act has been extended to the Union territory of Goa, Daman and Diu and enforced therein on and from 1-9-1962-See S.O. 2734 published in Gaz. of Ind., 1-9-1962, Pt. II, S. 3(ii). Extra., p. 1991. The Act has been brought into force from 11-3-1992 in the State of Sikkim-See Gaz. of Ind., 11-3-92, Pt. II, S. 3(ii), Ext., p. 2 (No. 184). PRELIMINARY SECTION 01: SHORT TITLE This Act may be called the Government Savings Banks Act, 1873. Local extent. It extends 1 to 2 [the whole of India 3 [* * *].] SECTION 02: ACT NOT TO APPLY TO DEPOSITS IN ANCHAL SAVINGS BANK This Act shall not apply to any deposits made in the Anchal Savings Bank of the State of Travancore-Cochin, and, notwithstanding anything contained in this Act, any law in force in the said State.....
List Judgments citing this sectionFinance Act, 2000 Chapter V
Title: Service Tax
State: Central
Year: 2000
.....anything contained in any judgment, decree or order of any Court, Tribunal or other authority, sub-clauses (xii) and (xvii) of clause (d) of sub-rule (1) of rule 2 of the Service Tax Rules, 1994 as they stood immediately before the commencement of the Service Tax (Amendment) Rules, 1998 shall be deemed to be valid and to have always been valid as if the said sub-clauses had been in force at all material times and accordingly,- (i) any action taken or anything done or purported to have been taken or done at any time during the period commencing on and from the 16th day of July, 1997 and ending with the day, the Finance Act, 2000 receives the assent of the President shall be deemed to be valid and always to have been valid for all purposes, as validly and effectively taken or done; (ii) any service tax refunded in pursuance of any judgment, decree or order of any Court striking down sub-clauses (xii) and (xvii) of clause (d) of sub-rule (1) of rule 2 of the Service Tax Rules, 1994 before the date on which the Finance Act, 2000 receives the assent of the President shall be recoverable within a period of thirty days from the date on which the Finance Act, 2000 receives the.....
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