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Vyshnavi Appliances Private Ltd., Secunderabad Vs. Central Board of Di ...
Andhra Pradesh
Feb-01-2000
Direct Taxation
Finance Act, 1997 - Sections 67 and 70; Constitution of India - Article 226; Income Tax Act, 1961 - Sections 119
2000(3)ALD297; 2000(3)ALT410
writ petition is dismissed with the above observations. Direct Taxation - maintainability of writ - Section 67 of Finance Act, 1997 and Section 119 (b) of Income Tax Act - assessee was denied benefit of Voluntary Disclosure of Income
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 … service tax by the person designated as 'the person responsible for collecting the service tax' for the Government;(iii) Section 67 of the Act provides for the value of taxable service which is to be subjected to 5% Service
Tag this Judgment! AI Brief & AskAtamjit Singh Vs. Commissioner of Income-tax
Karnataka
Jul-16-1999
Direct Taxation
Finance Act, 1997 - Sections 64, 64(1), 65, 66, 67, 67(1), 67(2) and 68(2); Income Tax Act, 1961 - Sections 119; Limitation Act, 1963 - Sections 4
(2001)166CTR(Kar)414; [2001]247ITR356(KAR); [2001]247ITR356(Karn); [2001]114TAXMAN120(Kar)
1997.2. The Voluntary Disclosure of Income Scheme, 1997 (in short 'the scheme'), introduced by Chapter IV of the Finance Act, 1997 ('the Act' for short), was in force between July 1, 1997, and December 31, 1997. The relevant provisions … be paid by the declarant and the declaration shall be accompanied by proof of payment of such tax.5. Section 67 enables the declarant to file the declaration without paying the tax, provided he pays the tax in respect
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
NitIn 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 … of the voluntarily disclosed income is paid by the declarant within the time specified in Section 66 or Section 67.(2) The Commissioner shall, on an application made by the declarant, grant a certificate to him setting forth the
Tag this Judgment! AI Brief & AskTamilnadu Kalyana Mandapam Owners Association Vs. Union of India and o ...
Chennai
Apr-30-2001
Service Tax
Finance Act, 1994 - Sections 2, 65, 65(10), 65(19), 65(20), 65(22), 65(23), 65(48), 66, 66(3), 67 and 67(1); Finance Act, 1997; Constitution of India - Articles 14, 248, 248(1) and 366(29A); Transfer of Property Act, 1882 - Sections 3; Finance Act, 1998; Societies Registration Act; Expenditure Act; Tamil Nadu General Sales Tax Act; Tamil Nadu General Sales (Amendment) Act, 1984; Central Provisions and Berar Regulation of Letting of Accommodation Act, 1964; Central Provisions and Berar Letting of House and Rent Control Order, 1949; Central Provinces and Berar Sales of Motor Spirit and Lubricants Taxation Act, 1938
2001(133)ELT36(Mad); [2002]253ITR250(Mad); (2001)2MLJ629; 2006[2]STR438
offered. 4. The 'services' offered by 'mandap-keepers' were included for the first time by Chapter VI of the Finance Act, 1997. Some of the relevant provisions in that Chapter are as follows : '65. (19) 'mandap' means any immovable … of clause (48) of Section 65. The valuation of taxable services for charging service tax is provided in Section 67. The relevant portion is as under : '67. Valuation of taxable services for charging service to.--For the purposes
Tag this Judgment! AI Brief & AskVardhaman Chemicals, Near Sharda Ispat, Kamptee Road, Nagpur, a Partne ...
Mumbai
Apr-02-2002
Excise
Central Excise, 1944 - Sections 35B; ;Finance (2) Act, 1998 - Sections 88, 90 and 90(1); Finance Act, 1997 - Sections 67, 67(1) and 68(2)
2002(4)BomCR537; (2002)2BOMLR826; (2003)185CTR(Bom)163; 2003(160)ELT132(Bom); [2003]263ITR460(Bom); 2002(2)MhLj187
scheme known as Voluntary Disclosure of IncomeScheme 1997 (VDIS) and as per the provisions of Section67 of the Finance Act, 1997, the Assessee had to makepayment of tax payable on the amount of income disclosedwithin a period of three … the date of filingof the declaration and it was canvassed that it is veryclear from the language of Section 67 (1) of the FinanceAct that the declarant has to pay the tax within threemonths from the date of
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
1997. In that case the petitioner made a declaration on December 30, 1997 under the scheme. As per Section 67 of the Finance Act, 1977, the petitioner has to make payment of tax on the disclosed income within … 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
Tag this Judgment! AI Brief & AskE. Prahalatha Babu, 18, 14th Street, Nandanam Extension, Nandanam, Che ...
Chennai
Sep-15-1999
Direct Taxation
Finance Act, 1997 -- Sections 64, 65, 66, 67 and 70; Income-tax Act, 1961 -- Sections 132, 132-A, 133A, 139, 142 and 148
1999(3)CTC369; (1999)156CTR(Mad)436; [2000]241ITR457(Mad)
1st July, 1997. The last date for making the declaration was 31st December, 1997. Section 64 of the Finance Act, 1997 (Act No. 26 of 1997) deals with the charging of tax. Section 65 of the said Act prescribe … for payment of tax, according to which the declarant is to pay the tax along with the declaration. Section 67(1) enables the declarant to file the declaration without paying the tax as contemplated under section 66 and he
Tag this Judgment! AI Brief & AskHemalatha Gargya Vs. Commissioner of Income Tax, A.P. and anr.
Supreme Court of India
Nov-28-2002
Direct Taxation
Finance Act, 1997; Income Tax Act, 1961 - Sections 119(2); Constitution of India - Article 136; Limitation Act, 1963 - Sections 4; ;General Clauses Act, 1897 - Sections 10
(2003)182CTR(SC)107; 2003(5)SCALE15; (2003)9SCC510
tax due on the undisclosed income was inflexible.3. The scheme was introduced by and is contained in the Finance Act 1997. It came into force with effect from 1st July 1997 and remained in operation till 31st March, 1998. … ORDER1. The issue involved in all these appeals is whether the time for payment fixed under Section 67 of the Voluntary Disclosure of Income Scheme, 1997 (referred to hereafter as 'the Scheme') is extendable.2. The issue
Tag this Judgment! AI Brief & AskV. Shanmughavel and anr. Vs. Commissioner of Central Excise and ors.
Chennai
Apr-30-2001
Service Tax
Finance Act, 1994 - Sections 65(13), 65(48), 66(3) and 67; Finance Act, 1997 - Sections 88; Wealth-tax Act, 1957 - Sections 34AA and 34AB; Wealth-tax Rules, 1957 - Rule 8A(2) and 8A(8)
2001(131)ELT14(Mad); [2002]254ITR717(Mad); (2001)2MLJ581; 2006[2]STR466; [2007]6STT183
or any other writ, prohibiting the respondent from invoking the provisions of Section 88, Chapter VI of the Finance Act, 1997, for the purpose of levy and collection of service tax from the members of the petitioner institute on … in Sub-clause (g) of Clause (48) of Section 65 and collected in such manner as may be prescribed. Section 67 provides for the manner in which the valuation of taxable service for charging service tax is done and
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