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Aug 28 2009

Commissioner of Service Tax Vs. Delhi Gymkhana Club Ltd.

Court : Delhi

Decided on : Aug-28-2009

Subject : Service Tax

Acts : Central Excise Act, 1944 - Sections 35, 35D, 35E, 35E(5), 35G, 35H, 35L, 73, 75, 75A, 76, 77 and 78; Finance Act, 1994 - Sections 65, 66, 67 and 105; Central Excise Tariff Act, 1985; Additional Duties of Excise (Goods of Special Importance) Act, 1957; Additional Duties of Excise (Textiles and Textile Articles) Act, 1978; Finance Act, 1999; Finance Act, 2003; Customs Act - Sections 129D(5); Custom and Central Excise Laws (Amendment) Act, 1988; Service Tax (Determination of Value) Rules, 2006; Constitution of India - Articles 226 and 227

Reported in : (2009)226CTR(Del)384; [2009]19STJ87(Delhi); 2009[16]STR129; [2009]22STT343; (2009)25VST285(Delhi)

in respect of such matters as are specifically provided in this Act.7. Section 35G was introduced by the Finance Act, 1999 with effect from 11.5.1999 and Finance Act, 2003 with effect from 14.5.2003. We are concerned mainly with Sub-section … to use its space as Mandap which is a taxable service in view of Section 65 read with Section 67 and 105 of the Finance Act, 1994.He submitted that though the present appeal has been filed under Section

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Mar 31 2014

M/S. Jmc Projects (India) Limited Vs. Commissioner of Service Tax Ahme ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Ahmedabad

Decided on : Mar-31-2014

Subject : Service Tax

to the gross amount while discharging Service Tax liability on these ongoing contracts under construction services as per Section 67 of the Finance Act, 1994 as Gross Amount Charged. A show cause notice dated 22.10.2008 was issued by … of Rs. 21,79,20,479/- along with interest has been confirmed and penalties under Section 76 and 78 of the Finance Act, 1994 imposed. 2. Brief facts of the case are that searches were carried out by DGCEI officers at

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Apr 02 2002

Vardhaman Chemicals, Near Sharda Ispat, Kamptee Road, Nagpur, a Partne ...

Court : Mumbai

Decided on : Apr-02-2002

Subject : Excise

Acts : 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)

Reported in : 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 … 20/12/1995.Therefore, the respondents communicated to the Assessee,by its letter dated 7th/8th January, 1999, in Form 2B ofthe 'Kar Vivad Samadhan Scheme 1998' and the Assesseewho … 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

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Aug 25 2004

Parbhudas Kishoredas Tobacco Products Ltd. and ors. Vs. Union of India ...

Court : Madhya Pradesh

Decided on : Aug-25-2004

Subject : Sales Tax/VAT

Reported in : (2009)20VST853(MP)

to them.3. In the year 1994, the Central Government imposed levy of service tax on various services by Finance Act of 1994. Provisions were made for levy, collection and other related matters of service tax. It is put … defined in Section 65(48) could attract the provisions of the said chapter on and from the said date. Section 67 deals with valuation of taxable service for charging service tax. Section 68 deals with payment of service tax. … in the case of Laghu Udyog Bharati v. Union of India : 1999ECR53(SC) , held that the provisions of Rule 2(d)(xii) and (xvii) of the

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Feb 15 2002

Escotal Mobile Communications Ltd. Vs. Union of India (Uoi) and ors.

Court : Kerala

Decided on : Feb-15-2002

Subject : Sales TaxService Tax

Acts : Finance Act, 1994 - Sections 65(72) and 67; Kerala General Sales Tax Act, 1963 - Sections 2; Constitution of India - Article 248

Reported in : [2002]126STC475(Ker); 2006[2]STR567

consider the rival contentions, it is necessary to notice the relevant statutory provisions. Service tax is leviable under Section 67 of the Finance Act, 1994, as amended by the Finance Act of 1996, the Finance Act of 1997 … gross value of service charges and that it had duly, complied with the law, both KGST Act and Finance Act.6. In the meanwhile, the Central Board of Excise and Customs, issued circular No. 23/3/97 dated October 13, 1997 … service tax on the activation charges. By a notice dated May 18, 1999 (vide exhibit P1), the Superintendent of Central Excise, Service Tax Range, Ernakulam

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Apr 27 2001

K. Venkata Reddy Vs. Commissioner of Income Tax, A.P.ii, Hyd. and Anot ...

Court : Andhra Pradesh

Decided on : Apr-27-2001

Subject : Direct Taxation

Acts : 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)

Reported in : 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

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Feb 11 2025

Union of India & Others versus Future Gaming Solutions Pvt. Ltd. & ...

Court : Supreme Court of India

Decided on : Feb-11-2025

Subject : Land Acquisition

Reported in : [2025]2S.C.R.756; (2025) 5 SCC 906

Arumugam, this Court held that buying lottery tickets and reselling them does not amount to marketing services. g. Section 67 of the Finance Act requires service tax to be made applicable only when there is consideration for a … pertains to the correctness of the judgments of the High Court setting aside various amendments made to the Finance Act, 1994; and whether sole distributor/purchaser of the lottery tickets is liable to pay service tax on the sale

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Apr 27 2001

K. Venkata Reddy Vs. Cit and anr.

Court : Andhra Pradesh

Decided on : Apr-27-2001

Subject : Direct Taxation

Reported in : (2001)169CTR(AP)41; [2001]250ITR147(AP)

of Kangold (India) Ltd.'s case (supra), with reference to the Voluntary Disclosure of Income Scheme, 1997, under the Finance Act, 1997. In that case the petitioner made a declaration on 30-12-1997, under the Scheme. As per section 67

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Jun 03 2016

Suresh Kumar Bansal and Others Vs. Union of India and Others

Court : Delhi

Decided on : Jun-03-2016

Subject : Service Tax

service tax on services 'in relation to construction of complex' as defined under Section 65 (105)(zzzh) of the Finance Act, 1994 (hereafter 'the Act') and inter alia impugn the explanation to Section 65(105)(zzzh) of the Act (hereafter the … (zzzh) of Section 65(105) of the Act. 19. It is relevant to note that at the material time, Section 67 of the Act which provided for the valuation of taxable services for charging service tax, read as under:-

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Aug 21 2007

All India Federation of Tax Practitioners and ors. Vs. Union of India ...

Court : Supreme Court of India

Decided on : Aug-21-2007

Subject : Service TaxConstitution

Acts : Finance Act, 1994 - Sections 65, 65(16), 66, 67, 68, 71, 72, 73 and 83; Finance (No. 2) Act, 1998; Constitution (Eighty-eighth Amendment) Act, 2003; Central Excise Act, 1944 - Sections 2, 3, 9C, 9D and 11B; Income Tax Act, 1961; Medicinal Act, 1955; Kerala Abkari Act; Cantonments Act, 1924 - Sections 60; Government of India Act, 1935 - Sections 100 and 142A; Uttar Pradesh Tax on Luxuries Act, 1995; Andhra Pradesh Tax on Luxuries Act, 1987; West Bengal Luxury Tax Act, 1994; Haryana Passengers and Goods Taxation Act, 1952 - Sections 3(3); Constitution of India - Articles 19(1), 245, 246, 246(1), 246(3), 248, 265, 268A, 269, 276, 276(1), 276(2), 276(3) and 366(29A)

Reported in : AIR2007SC2990; (2008)5CompLJ488(SC); (2007)211CTR(SC)449; 2007(120)ECC451; 2007LC451(SC); [2007]293ITR406(SC); JT2007(10)SC305; (2007)6MLJ1062(SC); 2007(10)SCALE178; 2007(7)SCC527

introduced in Parliament. Clause 119 of the Notes sought to substitute Sections 65, 66 and 68 and amend Section 67 of the Finance Act, 1994 relating to service tax so as to levy a tax on services rendered … dated 22.2.2001 in Writ Petition No. 142/99 upholding the legislative competence of Parliament to levy service tax vide Finance Act, 1994 and Finance Act, 1998. According to the impugned judgment, service tax falls in Entry 97, List I

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