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Secy. Federn. of Bus-operators Assn. of T.N. Vs. Union of India (Uoi)
Chennai
Apr-30-2001
Service TaxMotor Vehicles
Finance Act, 1994 - Sections 35(38), 65, 65(38), 65(48), 65(50), 65(51), 65(52), 66, 66(3) and 67; Motor Vehicles Act, 1988 - Sections 2, 2(7), 2(22), 2(25), 2(40), 2(43), 49, 51, 58(1), 58(2), 65, 65(32), 65(38), 65(44), 65(48), 65(50) to 65(52), 65(62), 67, 68, 70, 71, 72, 72(2), 72(9), 73, 74, 80, 81, 82, 83, 84, 85, 86, 87(1), 88(8), 88(9), 88(11), 88(14) and 89; Motor Vehicles Act - Sections 63(1), 63(6) and 68; Central Excise Act, 1944; Finance (No. 2) (Amendment) Act, 1996; Finance (No. 2) (Amendment) Act, 1997; Finance (No. 2) (Amendment) Act, 1998; The Haryana Passengers and Goods Taxation Act; Government of India Act, 1935 - Sections 100; Expenditure Tax Act, 1987; Motor Vehicles Rules - Rule 82 to 85 and 128; Motor Vehicles Permit for All India Tours Rules, 1993; Fina
2001(134)ELT618(Mad); 2006[2]STR411; [2007]6STT49
the provisions of the Finance Act. We have, in paragraphs 61 and 62, mentioned the challenge to the 'legislative competence' raised by Mr. Prakash, according … 'tour operators' and requested them to register themselves with the office and follow the procedures prescribed in the Finance Act, 1994 and the rules framed thereunder with effect from 1-4-2000. In all these writ petitions, the contention of … owning a 'spare bus' covered under a 'spare bus permit' as per Section 72(2)(xvii) of the Motor Vehicles Act, 1988.(II) Petitioners who are 'Contract Carriage Operators', owning the vehicles covered under Section 74 of the Motor Vehicles Act,
Tag this Judgment! AI Brief & AskJodhan Real Estate Development Vs. Assistant Commissioner of
Income Tax Appellate Tribunal ITAT Jaipur
Jul-10-1995
Land Acquisition
(1996)56ITD90(JP.)
However, by the time these assessments were completed, Section 4(3) of the Finance Act, 1983 was amended by Finance Act, 1988, whereby it was provided that certain assets which were held by a company as stock-in-trade in a business
Tag this Judgment! AI Brief & AskTest Claimants in the Franked Investment Income Group Litigation Vs. C ...
UK Supreme Court
May-23-2012
Land Acquisition
such cases: para 260. It was not open to the Revenue to rely on section 320 of the Finance Act 2004 ("Section 320 FA 2004") or section 107 of the Finance Act 2007 ("Section 107 FA 2007") to … dividend income from non-resident sources under section 18 (Schedule D, Case V) of the Income and Corporation Taxes Act 1988 ("the ICTA") ("the DV provisions"). The relevant provisions of the ICTA have since been amended, ACT was abolished … Ltd v Inland Revenue Comrs, (Joined Cases C-397/98 and C-410/98) [2001] Ch 620] and the ACT Group Litigation." 30. Since 1973 the BAT group has
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Smt. L.V. Sankeshwar, Proprietrix, Vijayanand Travels and ors. Etc. Et ...
Karnataka
Sep-22-2006
Service Tax
Karnataka Motor Vehicles Act - Sections 49; Motor Vehicles Act 1988 - Sections 2, 2(7), 2(40) and 2(43); Finance Act 1994 - Sections 65, 65(38), 65(48), 65(62), 65(72) and 65(78); Expenditure Tax Act 1987; Service Tax Act, 1994; Finance Act 1997; Constitution of India - Articles 14, 248, 248(2) and 366(29A)
(2006)206CTR(Kar)274; 2006(112)ECC188; 2006LC188(Karnataka); 2006[4]STR257; [2007]6STT31
levy of 'Service Tax' on tour operators, whose services are brought under the 'Service Tax' net by the Finance Act 1997 (by amending Finance Act 1994) which came into force with effect from 01.09.1997 vide Notification No. 37/97 … 'tourist vehicle' has the meaning assigned to it in Clause (43) of Section 2 of the Motor Vehicles Act, 1988 (59 of 1988)Section 65(78): 'tour operator' means any person engaged in the business operating tours in a tourist
Tag this Judgment! AI Brief & AskSri Parimal and anr. Vs. State and ors.
Patna
Feb-18-2000
Civil
of such hoardings. To elucidate in a convenient manner, it would be apt to notice the provisions of Section 62 of the Finance Act in extenso:Section 62 is the interpretation clause. Clause (a) of the said provision reads … 30.11.1994 on payment of 5.5 lacs. According to the petitioners, in view of the provisions of the Bihar Finance Act, 1981 (Part II) (In short 'the Finance Act'), they had obtained permission of the Sales Tax Department for … no provision whatsoever was brought to the notice of the Court or any provisions of the Motor Vehicles Act, 1988 or any other statute, under which prior permission of the district administration is requested before erection of the
Tag this Judgment! AI Brief & AskThe Dy. Commissioner of Vs. Shri Bhim Singh Lather
Income Tax Appellate Tribunal ITAT Delhi
Jul-15-2005
Land Acquisition
(2006)282ITR151(Delhi)
to above were all before the introduction of Clause (c) Which was with effect from 1-4-2004 added by Finance Act, 2003, Explanatory notes where of are reported in 263 ITR 62 (St.) Circular No. 7 dated 5-9-2003 at … a compensation was awarded on 16th February1989 and the assessee received a compensation of Rs. 38,03,271 in February, 1988 in two installments.Thereafter, an enhanced compensation was ordered by District Sessions Judge on 6th May, 1993 against which … the Asst. Years 1994-95 and 1995-96, the Assessing Officer issued notices Under Section 148 on 11th December, 1996 in response to which the assessee declared
Tag this Judgment! AI Brief & AskM/S Kelvinator of India Ltd. Vs. the Commissioner of Income Tax and or ...
Delhi
Aug-23-2013
Direct Taxation
u/s 43B Disallowance of depreciation and investment allowance on account of retrospective amendment of section 43(1) by the Finance Act, 1986. Excise Duty reconcilable account which had resulted in excess debit of Excise Duty to the profit and … substitute our views in place of those of the Commissioner. The facts of C. W. No. 2009 of 1988 are clearly distinguishable. There, the matter was remanded as there was no specific finding recorded as to whether
Tag this Judgment! AI Brief & AskGhodawat Pan Masala Products (i) Ltd. and anr. Vs. State of Maharashtr ...
Mumbai
Aug-14-2002
Sales Tax
Constitution of India - Article 301; Maharashtra Tax on Luxuries Act, 1987 - Sections 2(2), 3A, 3B and 3B(2); Maharashtra Tax Laws (Lavy and amendment) Act 2001; Central Sales Tax Act, 1956;
2002(6)BomCR466; [2003]130STC310(Bom)
taken or done or omitted to be done as if the amendment made by Section 125 of the Finance Act, 2001 has been in force at all material times and, accordingly, notwithstanding anything contained in any judgment, decree … ending on a day immediately preceding the date of commencement of the Maharashtra Tax Laws (Levy and Amendment) Act, 1988 (Maharashtra 9 of 1988), on a declaration furnished under Section 8A shall not be deducted from such turnover … ad valorem basis ; sales tax at 22 per cent totalling to 62 per cent excise duty plus sales tax incidence, paid on tariff value
Tag this Judgment! AI Brief & AskTata Sky Limited Vs. the State of Uttarakhand and ors.
Uttaranchal
Jul-26-2010
Company
Companies Act, 1956; ; Indian Telegraph Act, 1885 - Section 4; ; Indian Wireless Telegraphy Act, 1933; ; Uttar Pradesh Entertainment and Betting Tax Act, 1979 - Sections 2, 3, 4, 4A, 4A(4), 4B and 4C; ; Bombay Entertainments Duty Act, 1923; ; Uttar Pradesh Entertainment and Betting Tax (Amendment) Act, 2009; ; Finance Act, 2001 - Sections 65, 65(5), 65(13), 65(63), 65(72) and 137; ; Prasar Bharti (Broadcasting Corporation of India) Act, 1990 - Section 2; ; Finance Act, 2002 - Sections 65, 66(5), 65(14), 65(15), 65(80) and 65(90); ; Finance Act, 2003 - Section 65, 65(16), 65(95), 65(105) and 66(1); ; Finance Act, 2004; ; Finance Act, 2005 - Section 65(16) and 65(105); ; Government of India Act, 1935; ; Cable Television Networks (Regulation) Act, 1995; ; Bengal Amusements Tax Act, 1922; ; We
the fact, that broadcasting was subjected to tax liability as a 'service' for the first time under the Finance Act, 2001. Chapter V. of the Finance Act, 2001 bears the heading 'Service Tax'. Section 65(13) of the Finance … State of Uttarakhand adopted the stance that entertainment tax could be levied by the Uttarakhand Legislature under entry 62 of the State List, contained in the Seventh Schedule of the Constitution of India. It was sought to
Tag this Judgment! AI Brief & AskM/S.Tata Sky Ltd. Rep. Through Its M.D. and Ceo, S Vs. State of Orissa ...
Orissa
Apr-24-2012
Service Tax
DTH services were brought within the purview of service tax with effect from 16th June, 2005 by the Finance Act, 2005. Under Section 65 (105) (zk) of the Finance Act, as amended, DTH service is covered under the … and ultra vires Articles 246, 265, 301 & 19(1)(g) read with Entry 92C/97 of List I and Entry 62 of List II, Seventh Schedule of the Constitution of India, to the extent entertainment tax is sought to
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