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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 … about a year, the respondent No. 2 issued notices dated December 18, 2002 demanding service tax for the period November 16, 1997 to June 1, … 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.

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Aug 05 2010

Sesa Goa Limited and Others Vs. Commissioner of Customs, Central Excis ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Aug-05-2010

Subject : Service Tax

functioning under Section 14 of the Customs Act. Learned SDR has also referred to Section 67 of the Finance Act, 1994, which deals with valuation of taxable services for charging service tax. He has particularly referred to Explanation … such goods when sold. [Reliance placed on the Hon'ble Supreme Court's judgment in Commissioner vs. Maruti Udyog Ltd. 2002 (141) ELT 3 (SC)]. If duty element is to be included in the price of the goods sold,

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Jul 20 2006

Wipro Ge Medical Systems Pvt. Ltd. Vs. the Commissioner of Service Tax

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Decided on : Jul-20-2006

Subject : Service Tax

assessee are carrying on the activity of Annual Maintenance Contract (AMC) in terms of Section 67 of the Finance Act. However, they have not properly computed the correct Service Tax, which is required to be deposited by them.

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May 31 2005

Dharmodayam Company Vs. Union of India (Uoi)

Court : Kerala

Decided on : May-31-2005

Subject : Civil

Acts : Kerala Chitties Act, 1975 - Sections 2(4), 3, 3(1), 3(2), 4, 4(1), 5, 6, 6(3), 11, 12, 13, 14, 15, 17, 18, 19, 21, 22, 23, 24, 25, 26, 29, 34, 35, 39, 40, 42, 43, 55, 56, 59, 60, 67, 72, 89 and 220; Kerala Finance Act, 2002; Chit Funds Act, 1982 - Sections 1(3), 2, 4(1), 7(3), 8, 9(1), 20 and 90; Constitution of India - Articles 14, 19(1), 226, 245 to 255; Companies Act; Finance Act, 2002 - Sections 3(5) and 4; Kerala Chittis (Amendment) Act, 2002

Reported in : AIR2005Ker253; [2005]126CompCas586(Ker); 2005(3)KLT332

constitutional validity of Sub-section 1(a) to Section 4 of the Kerala Chitties Act, 1975 introduced by the Kerala Finance Act, 2002 (Act 7 of 2002) with effect from 1.4.2002 as beyond the legislative competence of the State Legislature and … India of course can exempt any person or class of persons in exercise of the powers conferred under Section 67 of the Act. In our view, this Court under Article 226 of the Constitution of India cannot give

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Oct 17 2008

Commissioner of Income Tax, Rajkot Vs. Gujarat Siddhi Cement Ltd.

Court : Supreme Court of India

Decided on : Oct-17-2008

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32A, 33, 35(1), 35A, 36(1), 41(1), 43, 43A, 43A(1), 43A(2), 48, 50 and 260A; Finance Act, 2002; Finance Act, 1967 - Sections 43A; Direct Tax Laws (Amendment) Act, 1987; Foreign Exchange Regulation Act, 1947 - Sections 2

Reported in : (2008)220CTR(SC)217; [2008]307ITR393(SC); 2008(13)SCALE742

Section 33. It is to be noted that Section 43A in the present form was substituted by the Finance Act, 2002 w.e.f. 1.4.2003. Prior to its substitution Section 43A as inserted by the Finance Act, 1967 w.e.f. 1.4.67 and

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Dec 16 2004

NitIn P. Shah Alias Modi Vs. Dy. C.i.T.

Court : Gujarat

Decided on : Dec-16-2004

Subject : Direct Taxation

Acts : 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

Reported in : (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

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Aug 18 2006

Mange Ram Mittal Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Aug-18-2006

Subject : Direct Taxation

assessing officer and relatable to such evidence appearing in Section 158BB(1) of the Act as substituted by the Finance Act, 2002 with retrospective effect from 1-7-1995." 2. In this appeal the assessee originally filed grounds of appeal running into … School but no payment has been shown in the capital account.1996-97 33,000 A sum of Rs. 1,09,250 & 67,000 has been shown on a/c. of VD School fee and Chaman Vatika Fee respectively.1997-98 ending 10,000 The payment

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Aug 18 2006

Mange Ram Mittal Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Aug-18-2006

Subject : Direct Taxation

Reported in : (2006)103ITD389(Delhi)

the AO and relatable to such evidence' appearing in Section 158BB(1) of the Act as substituted by the Finance Act, 2002 with retrospective effect from 1st July, 1995.2. In this appeal the assessee originally filed grounds of appeal running … This includes a sum of Rs. 5,400 as school fees paid.1996-97 33,000 A sum of Rs. 1,09,250 & 67,000 has been shown on1997-98 10,000 The payment against the above schools have been 31. During the course of

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Nov 30 2004

Morarjee Goculdas Spg. and Wvg. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Nov-30-2004

Subject : Land Acquisition

Reported in : (2005)98TTJ(Mum.)201

Act or else the proceedings in question would not have arisen. In relation to the insertion by the Finance Act, 2002, in the provisions of Section 158B(b) with retrospective effect from 1st July, 1995, the learned Counsel for the … fully established. Moreover, in the case of Micioland Ltd. v. Asstt.CIT (1999) 63 TTJ (Bang) 701 : (1998) 67 ITD 446 (Bang), the Tribunal had accepted the genuineness of sale and lease transaction by MGPL through DDK.

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Oct 27 2005

C.K. Jidheesh Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Oct-27-2005

Subject : Excise

Acts : Finance Act, 1994 - Sections 65(47), 65(48), 65(72), 66 and 67; Finance Act, 2001; Customs Act - Sections 2(22); Constitution of India - Articles 14, 19(1) and 366(29A)

Reported in : AIR2006SC444; (2005)199CTR(SC)212; 2005(103)ECC81; [2005]279ITR118(SC); JT2005(10)SC297; 2005(4)KLT770(SC); (2005)13SCC37; [2006]144STC322(SC)

But the real challenge is to the amendment in the Finance Act. That letter is only clarifying what Section 67 of the Finance Act, 1994, as amended by Act 14 of 2001, provides. 6. Section 65(47) defines Photography … and discriminatory being in violation of Articles 14 and 19(1)(g) of the Constitution, and also violative of the Finance Act, 1994 as amended by the Act 14 of 2001. The Petitioner also prays for an Order directing the … dismissed by a Judgment of the Kerala High Court dated 31st January, 2002. He points out that against that Judgment two SLPs were filed. SLP

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