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Jan 27 2005

Nava Bharat Ferro Alloys Ltd. Vs. Union of India (Uoi)

Court : Andhra Pradesh

Decided on : Jan-27-2005

Subject : Service Tax

Acts : Finance Act, 2000 - Sections 65(7), 65(18A), 65(18B), 65(48), 116 and 117; Finance Act, 1997; Finance Act, 1994 - Sections 65, 66 68, 70, 71A and 94; Finance Act, 2003 - Sections 68, 68(1), 69, 70, 71 and 71A; Assam Taxation (On Goods Carried by Road or on Inland Waterways) Act; Central Tea Act - Sections 3(1) and 3(2); Motor Vehicles Act, 1939 - Sections 43, 43(1), 43(1A) and 44; Rajasthan Passengers and Goods Taxation Act, 1959 - Sections 3 and 4; Karnataka Entertainments Tax Act, 1958 - Sections 2; Expenditure Tax Act, 1987; British North America Act, 1867 - Sections 91 and 92; Finance Act, 1998 - Sections 65, 65(16), 65(17), 65(41) and 66(3); Motor Vehicles Act, 1988 - Sections 2; Finance Act, 1997 - Sections 84; Service Tax Rules, 1994 - Rule 2 and 2(1); Service Tax (Amendm

Reported in : (2005)186CTR(AP)451; 2005(185)ELT236(AP); 2006[3]STR565

India. Therefore, the petitioners challenged the constitutional validity of Chapter V of Finance Act, 1994 as amended by Finance Act, 1997 and Finance Act, 2000 insofar as levy of service tax on persons like the petitioner at the rate … Union of India defended the enactment on the strength of Entry 97 of List-I of Schedule-VII. In Para 12, the Supreme Court held,-12. We have bestowed our careful consideration to these rival contentions. The principal question is … ORDERBilal Nazki, J.1. All these Writ Petitions raise common questions of facts and law therefore, are being disposed of by a

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May 07 2009

The Commissioner of Income Tax-9 Vs. Ajanta Pharma Ltd.

Court : Mumbai

Decided on : May-07-2009

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10, 10A, 10B, 15JB, 80HHC, 80 HHC(1), 80 HHC(1A), 80 HHC(1B), 80HHC(3), 80HHC(3A), 80HHC(4), 80HHC(4A), 80HHC(10), 80HHD, 80HHD(3), 80HHG, 80HHE, 80HHF, 115(JB), 115J, 115J(2), 115JA, 115JA(1), 115JA(2), 115JB, 115JB(2), 115JD and 2888(2); Finance Act, 1996; Finance Act, 1997; Finance Act, 2000; Finance Act, 1987; Direct Tax Laws Amendment Act, 1989; Companies Act, 1956

Reported in : 2009(111)BomLR1905; (2009)223CTR(Bom)441; [2009]318ITR252(Bom); [2009]180TAXMAN494(Bom)

profits under Section 80 HHC they were not available when the Section was first introduced. But by the Finance Act, 1997 it was introduced with effect from 1.4.1998 and which reads as under:the amount of profits eligible for deduction … be, of that section, and subject to the conditions specified in that section.8. Section 115J is contained in Chapter XII-B which was inserted by Finance Act, 1987 with effect from 1.4.1988. When Section 115J was introduced by … Admit on the following questions:1. Whether on the facts and in the circumstances of the case and in law the ITAT was justified in approving

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Dec 06 2019

M/S T T K Prestige Ltd Vs. The Union of India Reptd by Its Finance Sec ...

Court : Karnataka

Decided on : Dec-06-2019

Subject : MRTP

the tax base. Therefore, the taxation of fringe benefits by the employer-based disallowance method was withdrawn by the Finance Act, 1997. However, the withdrawal of the provisions relating to taxation of fringe benefits by the employer-based disallowance method resulted … R2) THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF CONSTITUTION OF INDIA PRAYING TO STRIKE DOWN THE PROVISIONS OF CHAPTER XII-H INSERTED IN THE INCOME TAX ACT, 1961 BY THE FINANCE ACT, 2005 WITH EFFECT FROM14.2005 AS OFFENDING THE … R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE6h DAY OF DECEMBER , 2019

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Jun 22 2007

George Williamson (Assam) Ltd. and anr. Vs. Union of India (Uoi) and o ...

Court : Guwahati

Decided on : Jun-22-2007

Subject : Direct Taxation

pleadings of the petitioner-company are that Parliament having amended the provisions of the Income Tax Act by the Finance Act, 1997, inserted Chapter XII-D consisting of Section 115-C with effect from June 1, 1997, providing for payment of additional

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Aug 26 2014

M/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise

Court : Mumbai

Decided on : Aug-26-2014

Subject : Service Tax

amount of Rs.2,04,39,093/- under provisions of Rule 14 of the Credit Rules read with Section 73 of the Finance Act,1994. In respect of towers and parts thereof, prefabricated building, printers and office chairs, the Commissioner observed that the … nor the use of said goods in providing output service. Subsequently, information about use of the goods and Chapter heading under the Central Excise tariff was called for from the appellant. The same was, thereafter, furnished by … 11-AC of the Finance Act,1994 was also imposed by the said order. 12. As regards the stay application, by an order dated 1.5.2007 passed in … G.S. Kulkarni, J. Both these appeals under Section 35 G of the Central Excise Act 1944 arise out of the common orders dated 6.1.2012 of

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Mar 14 2007

Deputy Commissioner of Income Tax Vs. Syncome Formulations (i) Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Mar-14-2007

Subject : Direct Taxation

Reported in : (2007)106ITD193(Mum.)

is considered for the computation of Section 80HHC.48. The concept of "minimum alternate tax" was introduced by the Finance Act, 1987 w.e.f. 1st April, 1988, through Section 115J under Chapter XII-B of the IT Act, 1961. This provision … on the book profit adopted for Section 115J. But when Section 115JA was introduced for the asst. yrs. 1997-98 to 2000-01, a remarkable change has been brought in the law so as to make it clear that … 1. This Special Bench has been constituted by the Hon'ble President of the Tribunal under Section 255(3) of the

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Oct 20 2004

Southern Petro Chemical Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Chennai

Decided on : Oct-20-2004

Subject : Direct Taxation

Reported in : (2005)93TTJ(Chennai)161

facts of a particular case warrant such allocation. The learned counsel referred to Section 80AA (omitted by the Finance Act, 1997, w.e.f. 1st April, 1998) and pointed out that as per this section deduction under Section 80M in respect … Section 115J is still in the statute book and the whole scheme is an integrated scheme contained in Chapter XII-B regarding the computation of book profits in case the same are less than 30 per cent of … assessee is directed against the order dt. 31st Oct., 2003, of the CIT(A) for the asst. yr. 2000-01.The assessee-company carried on the business of fertilizers,

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Jul 31 2002

Deputy Cit Vs. Triveni Engineering Works Ltd..

Court : Delhi

Decided on : Jul-31-2002

Subject : Direct Taxation

Reported in : (2004)88TTJ(Del)165

while computing tax for the subsequent assessment years. It appears that under the new scheme introduced by the Finance Act, 1997, the concept of tax credit has been brought in on grounds of equity by the legislature. Since section … under :'Section 115J has been introduced by way of an independent Chapter XII-B in the Income Tax Act by the Finance Act, 1987, and it … or(f) the amount or amounts of expenditure relatable to any income to which any of the provisions of Chapter III (applies; or).(g) the amount withdrawn from the reserve account under section 80HHD, where it has been utilized … is preferred on behalf of the revenue against the order of the Commissioner (Appeals) pertaining to the assessment year 1991-92 on a solitary ground that

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Apr 03 2001

Ashish Developers and Builders (P) Ltd. Vs. Appropriate Authority

Court : Andhra Pradesh

Decided on : Apr-03-2001

Subject : Direct Taxation

Reported in : [2001]116TAXMAN749(AP)

order purchase of property by the Central Government. Chapter-XX-C containing sections 269U to 269UO was inserted by the Finance Act, 1986 providing for purchase by the Central Government of immovable properties in certain cases of transfer in replacement

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Nov 30 2012

intercontinental Consultants and Technorats Pvt. L Vs. U.O.i. and anr.

Court : Delhi

Decided on : Nov-30-2012

Subject : Service Tax

got itself registered with the service tax department as consulting engineering services and was paying service tax since 1997 regularly.7. Service tax was introduced by Chapter V of the Finance Act, 1994. Section 65 (105) defined taxable … said rule is ultra vires of the provisions of Section 66 and 67 of Chapter V of the Finance Act, 1994.2. The petitioner is a company providing consulting engineering services. It specialises in highways, structures, airports, urban and … Rule 5 of the Service Tax (Determination of value) Rules, (Notification number 12/2006-ST, dated 19.04.2006) the service tax is liable to be charged on the … * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:1. t November, 2012 Date of

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