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Karvy Consultants Ltd. Vs. Asstt. Commr. of Cus. and C. Ex.

Court : Andhra Pradesh

Subject : Service Tax

Acts : Reserve Bank of India Act, 1934 - Sections 45, 45(1) and 45I; Finance Act, 1994 - Sections 65, 73(1), 75, 76, 77 and 78; Companies Act; Finance Act, 2001 - Sections 65(11), 65(73) and 65(90); Finance Act, 2002; Finance Act, 2004

Reported in : 2006[]STR7

ORDER1. In this writ petition the petitioner seeks a declaration that Section 65(90) read with 65(11) of the Finance Act, 2001 has no application to the petitioner company upto 16-8-2002 and to consequently interdict the Assistant Commissioner of Customs … them during the period from 16-7-2001 to 15-8-2002, on account of providing taxable services under proviso to Section 73(1) of the Finance Act, 1994.(ii) Interest should not be paid by them on the amount demanded at (i)

Escotal Mobile Communications Ltd. Vs. Union of India

Court : Kerala

Subject : Direct Taxation

Reported in : [2002]123TAXMAN134(Ker)

service used while defining the term taxable service in section 65(72) of the Act, as amended by the Finance Act, 2001, has to be understood and interpreted in consonance with the legislative competence of the Parliament, which cannot levy … ST-3 returns filed for the quarters covered during the period from January 1997 to April 1999, under section 73(a) of the Finance Act, 1994 (hereinafter referred to as the Act). An order was also made for payment

Jindal thermal Power Company Limited (Formerly Jindal Tracteble Power ...

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 10, 10A, 10B, 11, 12, 80HHC, 80HHC(3), 80HHF(3), 112, 113, 115A, 115AA, 115AB, 115ACA, 115AD, 115B, 115BB, 115BBA, 115E, 115JB, 119(2), 140A, 154, 161(1A), 164, 164A, 167B, 172(4), 174(2), 175, 176(2), 192, 207, 208 to 219, 234A, 234B and 234C; Finance Act, 2002 - Sections 115J, 115J(1), 115JA, 115JB(1) and 115JB; Finance Act, 1987; Finance (No. 2) Act, 1996; Finance Act, 2000 - Sections115B and 115JB; Finance (Amendment) Act, 2000; Finance (Amendment) Act, 2002; Companies Act, 1956 - Sections 210; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3, 17(1), 32(2), 32A(3), 72(1), 73, 74, 74A(3), 139(1), 142(1) and 288(2); Finance Act, 2001 - Sections 2(8); Constitution of India - Articles 265 and 300A

Reported in : (2006)203CTR(Kar)381; [2006]286ITR182(KAR); [2006]286ITR182(Karn)

financial year, as are contained in the Finance Act and the first proviso to Section 2(8) of the Finance Act, 2001 provides that the tax payable by way of advance tax in respect of income chargeable under Section 115JB … Section 32 or Sub-section (3) of Section 32A or Clause (ii) of Sub-section (1) of Section 72 or Section 73 or Section 74 or Sub-section (3) of Section 74A.4) Every company to which this section applies, shall furnish

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

Court : Kerala

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

used while defining the term 'taxable service' in Section 65(72) of the Finance Act, 1994 as amended by Finance Act, 2001, has to be understood and interpreted in consonance with the legislative competence of Parliament, which cannot levy a … ST-3 returns filed for the quarters covered during the period from January, 1997 to April, 1999, under Section 73(a) of the Finance Act, 1994. An order was also made for payment of interest on the defaulted amount

M/S. Three M Paper Manufacturing Co. Pvt. Ltd. Vs. Commissioner of Ser ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Service Tax

order of the Asst. Commissioner confirming the demand of Service Tax of Rs.60,860/- under Section 73 of the Finance Act. 2. Brief facts of the case are that during the period 16.11.97 to 1.6.98 the appellant had availed

Pr. Commissioner of Income Tax-2 vs.british Motor Car Co.(1934) Ltd

Court : Delhi

Subject : Direct Taxation

Section 32(2) of the Income Tax Act, ITA10312017 Page 1 of 10 1961 (‘the Act’) as amended by Finance Act, 2001, could be given effect to beyond the period of eight years, prior to its commencement?.3. The assessee in … than the allowance, then, subject to the provisions or sub-section (2) of Section 72 and sub-section (3) of Section 73, the allowance or the part of the allowance to which effect has not been given, as the case

Asstt. Commissioner of Income Tax Vs. Poddar Projects Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2005)92ITD468(Kol.)

of Section 32(2) as amended by Finance (No. 2) Act, 1996 w.e.f. 1.4.97 had been substituted by the Finance Act, 2001 w.e.f. 1.4.02 as under:- "(2)Where, in the assessment of the assessee, full effect cannot be given to any … than the allowance, then, subject to the provisions of Sub-section (2) of Section 72 and Sub-section (3) of Section 73, the allowance or part of the allowance to which effect has not been given, as the case may

Dabur India Limited Vs. Commissioner of Income Tax

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(45), 5, 6, 9, 14, 28, 29, 30 to 43D, 59, 71, 72(1), 72(2), 73(3), 80A, 80A(1), 80AB, 80B, 80B(5), 80C to 80U, 80IB, 80HHC, 143(1), 143(2) and 260A; Taxation Laws (Amendment and Miscellaneous Provisions) Act; Finance Act, 2001; Finance Act, 1988

Reported in : 219(2008)DLT152

decide in Vahid Papers Converters (supra) was, whether Explanation 5 to Section 32 of the Act inserted by Finance Act, 2001 was clarificatory in nature and hence, would apply to earlier years as well. The ITAT considered it unnecessary … carry forward unabsorbed depreciation subject to the provisions of Sub-section (2) of Section 72 and Sub-section (3) of Section 73 of the Act. Sections 30, 31 and 32(A) to 35(E) provide for rebates, allowances and deductions under various

Devi Constructions Vs. the Commissioner of Central Excise (Appeals)

Court : Chennai

Subject : Service Tax

Acts : Central Excise Act, 1944 - Sections 11D and 35F; Finance Act, 1994 - Sections 73(2), 76, 77 and 78; Central Excise Rules, 1944 - Rule 57CC; CENVAT Credit Rules, 2001 - Rule 6; CENVAT Credit Rules, 2002; CENVAT Credit Rules, 2004

Reported in : (2008)221CTR(Mad)72; 2008[12]STR691; [2009]19STT461; (2008)18VST415(Mad)

50% of penalty amount of Rs. 7,30,429/- i.e., Rs. 3,65,215/- imposed under Section 76 of Chapter V of Finance Act, 1994; 50% of the penalty amount of Rs. 1,000/-, i.e. Rs. 500/- imposed under Section 77 of Chapter … payable under Rule 57CC of Central Excise Rules, 1944;(iv) amount payable under Rule 6 of CENVAT Credit Rules, 2001 or CENVAT Credit Rules, 2002 or CENVAT Credit Rules, 2004;(v) interest payable under the provisions of this Act … to June, 2006 as per the services provided by it under Section 73(2) of the Finance Act, 1994.5. It is seen that the petitioner itself

themis Pharmaceuticals and ors. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Direct Taxation

Reported in : (2003)(157)ELT569Tri(Mum.)bai

CCE, Bhubaneshwar Vs Oripof Industries -2003(155) ELT 278 (Tri-LB) in the context of another amendment made through the Finance Act, 2001 to the effect that after a conscious interference by the legislature to do away with a specific power, … issue: Whether the Tribunal can grant stay beyond a period of 180 days. The newly-inserted sub-section (2A) of Section 35C of the Central Excise Act, 1944 reads as under: - " The Appellate Tribunal shall, where it … & C Vs Golden Hind Shipping (India) Pvt Ltd -1993 (68) ELT 739 (Ori). After referring to the Apex Court decision in the case of