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Gujarat Ambuja Cements Ltd. and anr. Vs. Union of India (Uoi) and anr.
Supreme Court of India
Mar-17-2005
ConstitutionService Tax
Finance Act, 2000 - Sections 116 and 117; Finance Act, 2003 - Sections 158; Service Tax Rules, 1994 - Rules 2(1); Service Tax (Amendment) Rules, 1997; Finance Act, 1994 - Sections 64(3), 65, 65(5), 65(28), 65(41), 66, 66(3), 67, 68, 68(1), 69, 69(2), 69(5), 70, 70(1), 71, 71A, 72, 73, 74, 75, 76, 77, 78, 79 and 94; Finance Act, 1997 - Sections 68(1A) and 84; Finance Act, 1998; Service Tax (Amendment) Rules, 1998; Motor Vehicles Act, 1988 - Sections 2; Constitution of India - Articles 14 and 246(1); Punjab Passengers and Goods Taxation Act, 1952 - Sections 3(3); Service Tax Act, 1994
AIR2005SC3020; (2005)4CompLJ440(SC); (2005)194CTR(SC)428; 2005(99)ECC377; 2005(182)ELT33(SC); [2005]274ITR194(SC); JT2005(Suppl3)SC389; (2005)4SCC214; 2006[3]STR608; 200
Chapter V of the Act Pursuant to such power, the Service Tax Rules, 1994 were framed.4. By the Finance Act, 1997 the first amendments to Section 65, of the Finance Act 1994 were made inter alia, by extending the … Ruma Pal, J.1. These writ petitions have been filed challenging the constitutional validity of Sections 116 and 117 of the Finance Act 2000 and Section 158 of the Finance Act, 2003 by which the
Tag this Judgment! AI Brief & AskChartered Accountants' Association and Gujarat Institute of Civil Engi ...
Gujarat
Dec-27-2000
Service Tax
Constitution of India - Articles 14, 19(1), 226, 246, 248, 276, 276(2) and 276(3); Finance Act, 1994 - Sections 3, 65, 65(1), 65(5), 65(13), 65(16), 65(31), 65(48), 66, 67 and 68; Finance Act, 1998 - Sections 116; Finance Act, 1997 - Sections 88; Architects Act, 1972 - Sections 23; Chartered Accountants Act, 1949; Bombay Shops and Establishments Act; Madras Shops and Establishments Act; Punjab Municipal Act; Bombay Municipal Boroughs Act, 1925; Punjab Professions, Trades, Callings and Employment Taxation Act, 1956; Panchayat Samitis and Zilla Parishad Act, 1961; West Bengal Panchayat Act; Government of Indian Act, 1935 - Sections 100; Cantonments Act; Bombay Municipal Boroughs Act; Expenditure-tax Act, 1987
2001(74)ECC51; 2005(179)ELT129(Guj); (2001)4GLR3630; 2006[2]STR300; [2007]7STT29
the Gujarat Institute of Civil Engineers and Architects have challenged the constitutional validity of Section 88 of the Finance Act, 1997, and Section 116 of the Finance (No. 2) Act, 1998, levying service tax on consulting engineers and architects … M.S. Shah, J. 1. In these petitions under Article 226 of the Constitution, the Chartered Accountants' Association and the Gujarat Institute of
Tag this Judgment! AI Brief & AskNava Bharat Ferro Alloys Ltd. Vs. Union of India (Uoi)
Andhra Pradesh
Jan-27-2005
Service Tax
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
(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 … also in furtherance of rectifying the defects in law pointed out by the Supreme Court, the Parliament amended Sections 68 and 70 retrospectively and a new Section 71A was inserted in Finance Act of 1994 to validate … For the purpose of facts, we give reference to Writ Petition No. 1478 of 2004 and also to the counter filed in the same Writ
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Micro Labs Ltd. and Others Vs. Deputy Commissioner of Income-tax (Asse ...
Karnataka
Nov-20-1997
Direct Taxation
Income Tax Act, 1961 - Sections 28, 119, 132, 132A, 133A and 139
ILR1998KAR3784; [1998]231ITR934(KAR); [1998]231ITR934(Karn)
course of search, some records belonging to the petitioners also have been seized. 3. Chapter IV of the Finance Act, 1997, provides for the Voluntary Disclosure of Income Scheme (hereinafter referred to as 'the Scheme'). Sub-section (1) of section
Tag this Judgment! AI Brief & AskNitIn P. Shah Alias Modi Vs. Dy. C.i.T.
Gujarat
Dec-16-2004
Direct Taxation
Income Tax Act, 1961 - Sections 64(1), 66, 67, 69, 119, 131, 132, 139(1), 142(1), 143(2), 143(3), 144, 147, 148, 158B, 158BA, 158BC, 158BD, 251, 271(1) and 276CCC; Finance Act, 1997 - Sections 68(1) and 68(2); Constitution of India - Article 14
(2005)194CTR(Guj)306; [2005]276ITR411(Guj)
fresh assessment the Assessing Officer came to the conclusion that as per provisions of Section 68(1) of the Finance Act,1997 the assessee was not entitled to immunity under VDIS in relation to the sum of Rs. 137
Tag this Judgment! AI Brief & AskCommissioner of Income-tax Vs. A.J. Shetty and Co. P. Ltd.
Karnataka
Dec-05-2001
Direct Taxation
Income Tax Act, 1961 - Sections 37(1)
(2002)173CTR(Kar)375; ILR2002KAR906; [2002]255ITR180(KAR); [2002]255ITR180(Karn); [2002]122TAXMAN389(Kar)
and no deduction or allowance shall be made in respect of such expenditure.(2) and (2A) Omitted by the Finance Act, 1997, with effect from 1st April, 1998.(2B) Notwithstanding anything contained in Sub-section (1), no allowance shall be made in
Tag this Judgment! AI Brief & AskTamil Nadu Kalyana Mandapmam Am Assn. Vs. Union of India (Uoi) and ors ...
Supreme Court of India
Apr-15-2004
Service Tax
Finance Act, 1994 - Sections 17, 65, 65(19), 65(20), 65(22), 65(23), 65(41), 65(48), 66, 66(1), 67, 68, 85(2), 88 and 93; Service Tax Rules, 1994 - Rules 2(1) and 6(3); Finance Act, 1997 - Sections 84; Transfer of Property Act, 1882 - Sections 3; Finance Act, 1998; Finance (No.2) Act, 1996 - Sections 85; Constitution of India - Articles 14, 19, 19(1), 246, 246(1), 246(3) and 366(29A); Constitution of India (46th Amendment) Act - Article 366(29A); Central Excise Act, 1944 - Sections 11B; Sale of Goods Act, 1930
AIR2004SC3757; (2004)4CompLJ108(SC); 2004(3)CTC63; (2004)188CTR(SC)297; 2004(93)ECC353; 2004(167)ELT3(SC); [2004]267ITR9(SC); [2004(4)JCR66(SC)]; JT2004(4)SC568; (2004)3MLJ; (2004) 5 SCC 632
not on the service provider. However, under Section 68 of the Finance Act, 1994 as amended by the Finance Act, 1997 read with Rule 2(1)(d)(ix) of the Service Tax Rules, 1994, the service provider (in the present case the
Tag this Judgment! AI Brief & AskSingapore Airlines Ltd. Vs. Union of India (Uoi) and anr.
Delhi
Aug-06-2003
Customs
Customs Act, 1962 - Sections 129DD; Finance Act, 1979 - Sections 35(2), 35A(1) and 38(3); Finance Act, 1997 - Sections 38; Foreign Travel Tax Rules, 1979 - Rules 4, 9 and 10A
2004(73)DRJ168; 2004(94)ECC332; 2004(175)ELT89(Del)
contravention of these obligations attract penalty/interest under Section 38 of the Act. Section 38 (as amended) by the Finance Act, 1997, insofar as it is relevant for the present case, reads as under:'(3) Every carrier or other person who … D.K. Jain, J. 1. An order dated 31 August 2001, passed by the Joint Secretary to the Government of India, Ministry of
Tag this Judgment! AI Brief & AskNandlal Rander Vs. Commissioner of Customs and ors.
Kolkata
Jul-07-2000
Direct Taxation
Finance Act, 1997 - Section 64, 64(1), 64(2) and 65; ;Income Tax Act, 1961 - Section 132A; ;Indian Income Tax Act, 1922
[2000]245ITR810(Cal)
the petitioner filed a declaration in the prescribed form under Section 64(1) read with Section 65 of the Finance Act, 1997, under the Disclosure Scheme, 1997. Under the Disdosure Scheme, 1997, the petitioner has declared his income of Rs.
Tag this Judgment! AI Brief & AskK. Venkata Reddy Vs. Commissioner of Income Tax, A.P.ii, Hyd. and Anot ...
Andhra Pradesh
Apr-27-2001
Direct Taxation
Finance Act, 1997 - Sections 33(1), 68(2), 88, 90 and 90(1); Central Treasury Rules - Rules 79, 80 and 81; Voluntary Disclosure of Income Scheme, 1997; Kar Vivad Samadhan Scheme, 1998; Indian Income Tax Act, 1922 - Sections 4(1); Limitation Act, 1908 - Sections 20; Finance Act, 1977 - Sections 67 and 67(1); Income Tax Act, 1961 - Sections 119(2); Finance (Amendment) Act, 1998 - Sections 90(2)
2001(4)ALD51; 2001(4)ALT160
the case of Kangold (India) Ltd., (supra) with referenceto the Voluntary Disclosure of Income Scheme, 1997 under the Finance Act, 1997. In that case the petitioner made a declaration on December 30, 1997 under the scheme. As per Section … petition is filed praying for the issue of writ of mandamus declaring that the Communication No.CIT.AP.II/KVSS/190/ 98-99, dated 17-12-1999 issued by the 1st respondent as illegal, arbitrary and consequential declaration that the payment dated 27-3-1999 made by
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