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Nava 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 … They referred to a judgment reported in State of Karnataka and Ors. v. Drive-In Enterprises : [2001]2SCR378 . Section 2(i)(v) of the Karnataka Entertainments Tax Act, 1958 was the subject matter of controversy before the Supreme Court. This
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 … D.A. Mehta, J.1. In Special Civil Application No. 3605 of 2004 while issuing notice the court directed that the said petition shall be heard with Tax Appeal Nos. 539
Tag this Judgment! AI Brief & AskMicro Labs Ltd., Vs. Deputy Commissioner of Income-tax (Assessment) an ...
Karnataka
Jun-08-1999
Direct Taxation
Finance Act, 1997 - Sections 62 to 78; Income-tax Act, 1961 - Sections 119, 119(2), 132, 132A, 133A, 133A(5), 139, 142 and 148; Constitution of India - Article 14; Special Bearer Bonds (Immunities and Exemptions) Act, 1981
(2001)166CTR(Kar)148; [2001]247ITR333(KAR); [2001]247ITR333(Karn); [2001]115TAXMAN27(Kar)
132.3. The Voluntary Disclosure of Income Scheme, 1997, introduced by Chapter IV (sections 62 to 78 of the Finance Act, 1997 ('the Act' for short)), was in force between July 1, 1997, and December 31, 1997. The relevant provisions … that there was a search in respect of appellants Nos. 1 to 3 by issue of notice under Section 132 of the Income-tax Act, 1961 ('the IT Act' for short), on September 10, 1997, and in the … in the five appeals will be referred to as appellants Nos. 1, 2, 3, 4 and 5 ; that is Micro Labs Ltd. as appellant
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The Commissioner of Income Tax and Vs. Brindavan Beverages Ltd.
Karnataka
Sep-30-2009
Direct Taxation
Income Tax Act, 1961 - Sections 2(14), 2(19AA), 2(42C), 41[2], 45, 48, 50B, 80IA(4), 80IB(4), 80IB(5), 80HHC, 80HHC(3), 80HHC(3A), 80HHC(4), 80HHC(4A), 115A, 115B, 115BB, 115C, 115J, 115JA, 115JA[1], 115JA[2], 115JA[4], 115JB, 143(2), 161[1A], 164, 164A, 207, 208, 209, 209[1], 210, 211, 215, 234, 234A, 234B, 234C, 234G, 254(2) and 260A; Finance [No. 2] Act, 1996; Finance Act, 1997; Finance Act, 1998; Finance Act, 1999; Finance Act, 2000 - Sections 2; Companies Act, 1956 - Sections 210; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(1) and 17(1); Constitution of India - Article 141
(2010)228CTR(Kar)1; [2010]186TAXMAN233(Kar)
advance tax by estimation and the rate of advance tax having been mentioned for the first time in Section 2 of the Finance Act 2000 read with part-III of the I Schedule to the Finance Act providing for … in reference to the provisions of Section 115JA of the Act is conspicuously absent in Part-III of the Finance Act providing for computing advance tax though mention is made of Sections 115A, 115B, 115BB, 115C of the Act … there is no discretion.2. The assessee is a company, assessment year is 1997-98 and the only dispute between the assessee and the revenue is the
Tag this Judgment! AI Brief & AskGujarat 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 … following clauses had been substituted, namely:-'(18A) 'goods carriage' has the meaning assigned to it in Clause (14) of Section 2 of the Motor Vehicles Act, 1988;(18B) 'goods transport operator' means any commercial concern engage in the transportation of
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 Finance, Department of Revenue, hereinafter referred
Tag this Judgment! AI Brief & AskSmt. Snehlata Vs. Union of India (Uoi) and anr.
Madhya Pradesh
Sep-27-2005
Direct Taxation
Income Tax Act, 1961 - Sections 2(24) and 139; Finance Act, 1997 - Sections 63, 64 and 65; Constitution of India - Article 226
(2006)204CTR(MP)317; [2008]296ITR529(MP)
well as the documents filed herein, this Court is of the opinion that as per provision of the Finance Act, 1997 wherein Chapter IV is for VDI Scheme, 1997 and according to Section 64, charge of tax on voluntarily … Section 63(b) i.e. 'IT Act means the IT Act, 1961' and in IT Act, 'income' is defined under Section 2 Sub-section (24) and in definition of income, the receipt of any cash or coin at the time of
Tag this Judgment! AI Brief & AskAssistant Commissioner of Income Tax Vs. Rajesh Jhaveri Stock Brokers ...
Supreme Court of India
May-23-2007
Direct Taxation
Income Tax Act, 1961 - Sections 36(1), 36(2), 139, 139(2), 142(1), 143(1), 143(2), 143(3), 147, 148 to 153, 156, 246 and 264; Finance Act, 1997; Finance (No. 2) Act, 1991; Finance Act, 1994; Direct Tax Laws (Amendment) Act, 1987; Income Tax Act, 1922
AIR2007SC2163; (2007)210CTR(SC)30; [2007]291ITR500(SC); JT2007(8)SC494; 2007(8)SCALE396; 2007(2)LC0725(SC)
such adjustments. With effect from April 1, 1998, the second proviso to Section 143(1)(a) was substituted by the Finance Act, 1997, which was operative till June 1, 1999. The requirement was that an intimation was to be sent to … a nutshell are as follows:4. The respondent-a Private Limited Company filed its return of income for Assessment year 2001-02 on 30th October, 2001 declaring total loss of Rs. 2,70,85,105/-. The said return was processed under Section 143(1)
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 & 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. … order in appeal.37. In the memo of appeal the appellant has also challenged the penalty proceedings under Section 271(1)(c) of the Act of 1961. If the concerned officer found that there is concealed income, in that case
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