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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 under Section 77 of the Finance Act, 1994.(v) A penalty should not be imposed on them under Section 78 of the Finance Act, 1994.3. The petitioner was asked to produce all the evidence upon which they intended

Cce., Ahmedabad Vs. M/S. Om Sai Engg Works and Others

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Ahmedabad

Subject : Service Tax

3, and 5 of the above Table, the original adjudicating authority imposed penalties under Section 78 of the Finance Act, 1994 (hereinafter referred to as the Act) on the respondents for evasion of service tax during the said

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 … Section 75 of the Finance Act, 1994. A penalty of Rs. 7,40,480 was imposed on the petitioner under Section 78 of the Finance Act, 1994 and a further penalty of Rs. 100 for every day for which there

Commissioner of Income Tax Vs. Manjara Shetkari Sahakari Sakhar Karkha ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(19), 37(1), 40A(2), 80P and 260A; Maharashtra Co-operative Societies Act, 1960 - Sections 2(4), 65, 78 and 79A; Essential Commodities Act, 1955 - Sections 3(3); Co-operative Societies Act, 1912; Finance Act, 2001 - Sections 2(18), 2(24), 27(111). 36(1), 40, 45(3), 80L(1), 80P, 139(1), 193, 194A(3), 269T and 269

Reported in : (2008)214CTR(Bom)662; [2008]301ITR191(Bom)

27(111). 36(1)(ia), 40(ba), 45(3), 80L(1)(ii), (vi), (via), (viii), (ix), 80P, Expln. 1 (b)(1) to Section 139 (1)(prior to Finance Act, 2001), 193 (iib), 194A(3)(i), (v), 269T and 269 (VA). In these circumstances, it was held that under the IT … by the State Government, inter alia may result in removal of the managing committee of the society under Section 78 of the MCS Act.17. The apex Court in the case of U.P. Coop. Cane Unions Federation v. West

Commissioner of Central Excise, Madurai Vs. Chillies Export House Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

Subject : Service Tax

along with interest and that they are liable to penalties under Section 76, 77 and 78 of the Finance Act, 1994. Original authority confirmed the demand as proposed in the SCN and imposed penalties of Rs.3,10,446/- under Section

Wimco Seedlings Ltd. Vs. Dy. Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Land Acquisition

Reported in : (2007)293ITR216(Delhi)

of the activity is exempt from taxation however, a new section i.e. Section 14A has been inserted by finance Act, 2001 retrospectively which provides as under: Section 14A : For the purpose of computing the total income under this … the addition of Rs. 5,84,113/- on, account of inflated agricultural income which was further enhanced to Rs. 16, 78,905/- by the CIT(A).2. The assessee company is engaged mainly in the business of providing (con?)field of agriculture forestry

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 … delayed under section 75 of the Act. A penalty of Rs. 7,40,480 was imposed on the petitioner under section 78 of the Act, and a further penalty of Rs. 100 for every day for which there was failure

Capricon Transways Pvt. Ltd. and Another Vs. Commissioner of Central E ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Service Tax

2006 along with interest with proposal to impose penalty under Sections 75A, 76, 77 and 78 of the Finance Act, 1994. The matter was adjudicated by Commissioner who held that the appellant was not required to register themselves … them to pay service tax amounting to Rs.72,91,057/- for the period October 2001 to September 2006 along with interest with proposal to impose penalty under … interest and imposed penalty of equivalent amount under Section 76 and another penalty of the same amount under Section 78 and a penalty of Rs.1000/- under Section 77 of the Act. 3. As both the appeals pertain to

Union of India and ors. Vs. M/S. Ind-swift Laboratories Ltd.

Court : Supreme Court of India

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 32E(1), 32F(7), 32M

the provisions of Sections 11A and 11AB of the Excise Act or Sections 73 and 75 of the Finance Act, shall apply mutatis mutandis for effecting such recoveries."2 16. A bare reading of the said Rule would indicate … parties the Commission came to the findings that while the wrongful CENVAT credit was taken from the year 2001 to 31.03.2006, the payments refunds have been made on 22.02.2006 and on five different dates in March, 2006 … Rs. 5,71,47,148/-. Since conditions/parameters for the admission of a case prescribed under Section 32E(1) of the Central Excise Act, 1944 [for short "the Act"] were … in this Order. Besides the above, the inadmissible CENVAT credit of Rs. 78,97,255/-, as mentioned in para 23(a)(ii) of the show cause notice is disallowed.(b)

M/S. A. Suthanthar Asumitha Vs. Commissioner of Service Tax, Chennai

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

Subject : Service Tax

against M/s. Ajith Travels and M/s. Ajith Transports under the proviso to Sections 73(1) and 73(2) of the Finance Act, 1994, together with interest under Section 75 ibid and penalties of Rs.65 lakhs and Rs.1,000/- under Sections 78 … Per Jyoti Balasundaram 1. Service tax demand of Rs.64,34,753/- covering the period April 2001 to March 2008 confirmed against M/s. Ajith Travels and M/s. Ajith Transports under the proviso to Sections 73(1)