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Start Free TrialFinance Act, 2012, (Central) Section 143
Title: Amendment of Act 32 of 1994
State: Central
Year: 2012
.....the Reserve Bank of India Act, 1934(2 of 1934); (43) "securities" has the meaning assigned to it in clause (h) of section 2 of the Securities Contract (Regulation) Act, 1956(42 of 1956); (44) "service" means any activity carried out by a person for another for consideration, and includes a declared service, but shall not include (a) an activity which constitutes merely, (i) a transfer of title in goods or immovable property, by way of sale, gift or in any other manner; or (ia) such transfer, delivery or supply of any goods which is deemed to be a sale within the meaning of clause (29A) of article 366 of the Constitution; or (ii) a transaction in money or actionable claim; (b) a provision of service by an employee to the employer in the course of or in relation to his employment; (c) fees taken in any Court or tribunal established under any law for the time being in force. Explanation 1. For the removal of doubts, it is hereby declared that nothing contained in this clause shall apply to, (A) the functions performed by the Members of Parliament, Members of State Legislature, Members of Panchayats, Members of Municipalities and Members of other local authorities.....
View Complete Act List Judgments citing this sectionFinance Act, 2012, (Central) Section 145
Title: Validation of Exemption Given to Club or Association Including Cooperative Societies in Relation to Project
State: Central
Year: 2012
.....the whole of service tax leviable under section 66 thereof, on the club or association service referred to in sub-clause (zzze) of clause (105) of section 65 of the said Act, provided by a club or an association including registered cooperative societies, in relation to the project, shall be deemed to have, and deemed always to have, for all purposes, validly come into force on and from the 16th day of June, 2005, at all material times. (2) Refund shall be made of all such service tax which has been collected but which would not have been so collected as if the notification referred to in sub-section (1) had been in force at all material times. (3) Notwithstanding anything contained in the Finance Act, 1994(32 of 1994), an application for the claim of refund of service tax shall be made within six months from the date on which the Finance Act, 2012 receives the assent of the President. Explanation. For the removal of doubts, it is hereby declared that, (i) project means common facility set-up for treatment and recycling of effluents and solid wastes, with financial assistance from the Central Government or a State Government; (ii) the provisions of section 11B of the.....
View Complete Act List Judgments citing this sectionFinance Act, 2012, (Central) Section 40
Title: Insertion of New Chapter X
State: Central
Year: 2012
.....purpose of obtaining a tax benefit, if the main purpose of a step in, or a part of, the arrangement is to obtain a tax benefit, notwithstanding the fact that the main purpose of the whole arrangement is not to obtain a tax benefit. 97. Arrangement to lack commercial substance.-- (1) An arrangement shall be deemed to lack commercial substance if-- (a) the substance or effect of the arrangement as a whole, is inconsistent with, or differs significantly from, the form of its individual steps or a part; or (b) it involves or includes-- (i) round trip financing; (ii) an accommodating party; (iii) elements that have effect of offsetting or cancelling each other; or (iv) a transaction which is conducted through one or more persons and disguises the value, location, source, ownership or control of funds which is the subject matter of such transaction; or (c) it involves the location of an asset or of a transaction or of the place of residence of any party which is without any substantial commercial purpose other than obtaining a tax benefit (but for the provisions of this Chapter) for a party. (2) For the purposes of sub-section (1), round trip financing includes any.....
View Complete Act List Judgments citing this sectionThe Jharkhand Advertisement Tax Act, 2012 Complete Act
State: Jharkhand
Year: 2012
THE JHARKHAND ADVERTISEMENT TAX ACT, 2012 THE JHARKHAND ADVERTISEMENT TAX ACT, 2012 [Act No. 14 of 2012] An Act to enact the Taxation on Advertisement published in newspapers and broadcast by radio or on television with regard to its applicability and enforcement within the State of Jharkhand. Be it enacted in the 62nd year of the Republic of India:- Section 1 - Short title, extent and commencement (1) This Act may be called the Jharkhand Advertisement Tax Act, 2012. (2) It shall extend to the whole of the State of Jharkhand. (3) It shall come into force with effect from the date of its publication in the official gazette. Section 2 - Definitions In this Act unless there is anything repugnant in the subject or context: - (a) "Advertisement" shall mean any word, letter, model, sign, neon-sign, sky-sign, placard, notice, structure, device or representation, whether illuminated or not, in the nature of, and employed wholly or in part exhibits or displayed or retained for the public view for the purposes of advertisement, announcement or direction, but shall not include such advertisements published in a newspaper or broadcast by radio or television or.....
List Judgments citing this sectionThe Uttarakhand Water Tax on Electricity Generation Act, 2012 Complete Act
State: Uttarakhand
Year: 2012
THE UTTARAKHAND WATER TAX ON ELECTRICITY GENERATION ACT, 2012 THE UTTARAKHAND WATER TAX ON ELECTRICITY GENERATION ACT, 2012 [Act No. 09 of 2013] [25th January, 2013] PREAMBLE In pursuance of the provisions of Clause (3) of Article 348 of the Constitution of India, the Governor is pleased to order the publication of the following English translation of 'The Uttarakhand Water Tax On Electricity Generation Act, 2012' (Adhiniyam Sankhya 09 of 2013). To levy water tax on electricity generation in the State of Uttarakhand An Act Be it enacted in the Sixty-third Year of the Republic of India by the Uttarakhand State Legislative Assembly as follows:- Section 1 - Short Title, Extent and Commencement (1) This Act may be called the Uttarakhand Water Tax on Electricity Generation Act, 2012. (2) It extends to the whole State of Uttarakhand. (3) It shall come into force from such date as the State Government may by notification in the Gazette appoint. (4) The provisions of this Act shall have effect notwithstanding anything inconsistent contained in any other law for the time being in force. Section 2 - Definitions In these rules, unless there is anything repugnant in the subject or.....
List Judgments citing this sectionTamil Nadu Value Added Tax (Third Amendment) Act, 2012 Complete Act
State: Tamil Nadu
Year: 2012
.....total turnover including zero-rate sale and sale in the course of inter-State trade or commerce as specified in Section 3 of the Central Sales Tax Act, 1956 (Central Act 74 of 1956) in a year, exceeds one crore rupees, shall get his accounts in respect of that year, audited by an Accountant and submit a report of such audit in the prescribed Form, duly signed and verified by the Accountant, to the Assessing authority, within such period as may be prescribed. Explanation. " For the purpose of this Section "Accountant" means, a chartered accountant as defined in the Chartered Accountants Act, 1949 (Central Act 38 of 1949) or a cost accountant as defined in the cost and Works Accountants Act, 1959 (Central Act 23 of 1959). (2) If such registered dealer fails to get his accounts audited and submit a report of such audit within the prescribed period, as required in sub-section (1), the Assessing authority may, after giving a reasonable opportunity of being heard, direct such registered dealer to pay by way of penalty of sum of rupees ten thousand, in addition to any tax payable, in respect of the said period. Provided that, this Section shall not apply to the departments of.....
List Judgments citing this sectionTamil Nadu Value Added Tax (Sixth Amendment) Act, 2012 Complete Act
State: Tamil Nadu
Year: 2012
.....2012. Statement of Objects and Reasons : Refer T.N. Bill No.31"2012 (1) CTAR page 1.190) An Act further to amend the Tamil Nadu Value Added Tax Act, 2006. Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-third Year of the Republic of India as follows:" 1. Short title and commencement" (1) This Act may be called the Tamil Nadu Value Added Tax (Sixth Amendment) Act, 2012. (2) It shall be deemed to have come into force on the first day of April 2012. 2. Amendment of First Schedule." In the First Schedule to the Tamil Nadu Value Added Tax Act, 2006 (Tamil Nadu Act 32 of 2006) (hereinafter referred to as the principal Act), in PART-B," (1) after Serial Number 34 and the entries relating thereto, the following Serial Number and entries shall be inserted, namely:" "(34-A) Compact Fluorescent Lamps and Compact Fluorescent Tubes."; (2) the entries against Serial Number (46) shall be renumbered as Serial Number (46-A); and before Serial Number (46-A) as so renumbered, the following Serial Number and entry shall be inserted, namely:" "(46) Electrically operated two wheelers (E-bikes)."; (3) against Serial Number.....
List Judgments citing this sectionTamil Nadu Value Added Tax (Second Amendment) Act, 2012 Complete Act
State: Tamil Nadu
Year: 2012
..... (2) It shall come into force on such date as the State Government may, by notification, appoint. 2. Amendment of Section 6. " In Section 6 of the Tamil Nadu Value Added Tax Act, 2006 (Tamil Nadu Act 32 of 2006) (hereinafter referred to as the principal Act), in sub-section (1), in item (iii), for the words "four per cent", the words "five per cent" shall be substituted. 3. Amendment of Section 7. " In Section 7 of the principal Act, in sub-section (1)," (i) in Clause (a), for the words "twelve and half per cent", the words "fourteen and half per cent" shall be substituted; (ii) in Clause (b), for the words "four per cent", the words "five per cent" shall be substituted. 4. Amendment of Section 13. " In Section 13 of the principal Act, in sub-section (1), in item (iii), for the words "four per cent", the words "five per cent" shall be substituted. Tamil Nadu State Acts
List Judgments citing this sectionTamil Nadu Value Added Tax (Fourth Amendment) Act, 2012 Complete Act
State: Tamil Nadu
Year: 2012
..... Statement of Objects and Reasons : Refer T.N. Bill No.18 " 2012 (1) CTAR page 1.118). An Act further to amend the Tamil Nadu Value Added Tax Act, 2006. Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-third Year of the Republic of India as follows;" 1. Short title and Commencement." (1) This Act may be called the Tamil Nadu Value Added Tax (Fourth Amendment) Act, 2012. (2) It shall come into force on such date as the State Government may, by notification, appoint. 2. Amendment of Second Schedule. - In the Second Schedule to the Tamil Nadu Value Added Tax Act, 2006 (Tamil Nadu Act 32 of 2006), - (1) Against Serial Number 5, for item (ii) and the entries relating thereto in columns (2), (3) and (4), the following item and entries shall, respectively, be substituted, namely:- "(ii) Aviation Turbine Fuel sold to an aircraft with a maximum take-off mass of less than forty thousand kilograms operated by scheduled airlines At the point of first sale in the State 5 per cent."; (2) against Serial Number 11, in column (4), for the entry "4 per cent", the entry "5 per cent" shall be substituted; (3) after.....
List Judgments citing this sectionTamil Nadu Value Added Tax (Fifth Amendment) Act, 2012 Complete Act
State: Tamil Nadu
Year: 2012
..... 2. Amendment of Section 2. " In the Tamil Nadu Value Added Tax Act, 2006 (Tamil Nadu Act 32 of 2006) (hereinafter referred to as the principal Act), in Section 2, after Clause (4), the following Clause shall be inserted, namely:" "(4-A) "Assessment" means an assessment made or deemed to have been made under this Act and includes a re-assessment or revision of assessment;". 3. Substitution of Section 21. " For Section 21 of the principal Act, the following Section shall be substituted, namely:" "21. Filing of Returns. "Every dealer, registered under this Act, shall file return, in the prescribed form showing the total and taxable turnover within the prescribed period, in the prescribed manner along with prescribed documents and proof of payment of tax. The tax under this Section shall become due without notice of demand to the dealer on the last date of the period for filing return as prescribed.". 4. Amendment of Section 22. " In Section 22 of the principal Act " (1) for the marginal heading, the following marginal heading shall be substituted, namely:" "Deemed assessment and procedure to be followed by Assessing Authority."; (2) for sub-section (2),.....
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