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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

Sub-clause (zp) was omitted by Finance Act of 2004 with effect from 10-9-2004.8. Sub-clause (zp) as incorporated by Finance Act, 2002 with effect from 16-8-2002 and Sub-clause (zm) as amended by Finance Act, 2004 with effect from 10-9-2004 read … 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

Orissa State Beverages Corporation Ltd. Vs. Union of India (Uoi) and o ...

Court : Orissa

Subject : Service Tax/VAT

Reported in : 108(2009)CLT33; [2009]19STJ357(NULL)

the Finance Act, 1994. The Commissioner has further imposed a penalty of Rs. 11,91,73,890 of the Petitioner under Section 78 of the Finance Act, 1994 and directed that if the Service Tax amount and the Education Cess along … therefore, the said service tax not paid became liable for recovery under proviso to Section 73(1) of the Finance Act, 1994 along with interest under the provisions of Section 75 of the said Act. It was further alleged … and scope of 'storage and warehousing service' for the period from October, 2002 to June, 2003 and 'Business Auxiliary Service' w.e.f. 1.7.2003.8. Having come to

Indian National Shipowners Association Vs. Union of India (Uoi)

Court : Mumbai

Subject : Service Tax

Acts : Finance Act, 1994 - Sections 5(2), 64, 65, 65(105), 66, 66A, 68, 68(2), 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79 and 94; Companies Act, 1956 - Sections 25; Merchant Shipping Act, 1958; Territorial Waters, Continental Shelf, Exclusive Economic Zone, and other Maritime Zones Act, 1976 - Sections 6(6) and 7(7); Factories Act, 1948; Societies Registration Act, 1860; Central Excise Act, 1944; Finance Act, 2005; Finance Act, 2006; Service Tax Rules, 1994 - Rule 2 and 2(1); Central Excise Rules; Constitution of India - Article 265

Reported in : (2009)222CTR(Bom)234; [2009]16STJ175; 2009[13]STR235

Deshmukh, J.1. By this Petition the Petitioners challenge the constitutional validity of the following:(i) Section 66A of the Finance Act, 1994; (hereinafter referred to as the 'Act for the sake of brevity), which has been introduced with effect … to collect the service tax. Section 77 deals with the penalty for failure to furnish the prescribed return. Section 78 deals with the penalty for suppression the value of the taxable service. Section 79 deals with penalty for … of the Service Tax Rules, 1994 inserted with effect from 16th August, 2002;2. On the basis of the above provisions the Respondents are seeking to

Assistant Commissioner of Income Vs. Apsara Processors (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2005)92TTJ(Ahd.)645

is loss having regard to the amendment made by the Taxation Laws (Amendment) Act, 1975, and by the Finance Act, 2002 ?" 2. The facts which are common in all the cases are that all the assessees have furnished … when Expln. 4 was in the statute. One more aspect needs to be mentioned. By the Finance Bill, 2002, Section 271 of the IT Act has been amended vide Clause 97. By Clause 97(f) of the Finance Bill, … 3331/Mum/1997, dt. 9th March, 2004). (ii) Subhash Gupta v. Dy. CIT (2003) 78 TTJ (ITAT) 692 : (2003) 85 ITD 167 (Jp)(TM) (iii) Shivram Art

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

Subject : Land Acquisition

CJI1 Leave granted. BRIEF BACKGROUND:2. In the present batch of cases, the constitutionality of Part XIV of the Finance Act, 2017 and of the rules framed in consonance has been assailed. While it would be repetitious to reproduce … Section 13 (5- A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act, 2002 which permits secured creditors to participate in auction of immoveable property if it remained unsold for want of … Judicial/Administrative/ Technical/Expert Members for all tribunals.” the Chairpersons and for selection of 78. Since many of the Search-cum-Selection Committees had initiated selection processes and had

Assistant Commissioner Of Income Tax (exemptions) Vs. Ahmedabad Urban ...

Court : Supreme Court of India

Subject : Land Acquisition

may, by notification in the Official Gazette, specify in this behalf:26. Section 10(20A) and 10(23) were deleted/omitted by Finance Act, 2002, w.e.f. 01.04.2003. While both these provisions are not directly relevant for deciding the primary question (i.e., as to … object of general public utility not involving the carrying on of any activity for profit"12. (1997) 4 SCC257 78 At the same time - on behalf of the assessees, it was contented that if the proscribed activities

Lalit Kumar Jain Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

operational creditors for sup- plying goods and services. Financial creditors generally lend finance on a term loan or for working capital that enables the corporate … Financial Institutions Act, 1993, hereafter “RDBFI Act”) securitization (by the Securitization and Reconstruction and Enforcement of Security Interests Act, 2002 hereafter “SARFESI”) deal with certain facets of corporate insolvency. These did not result in the desired consequences. The … far as they relate to personal guarantors of corporate debtors. The impugned notification brought into force Section 2(e), Section 78 (except with regard to fresh start process), Sections 79, 94-187 (both inclusive); Section 239(2)(g), (h) & (i); Section

Commr. of S.T. Vs. Atria Convergence Tech. P. Ltd.

Court : Karnataka

Subject : Excise

Acts : Central Excise Act, 1944 - Section 35B and 35G; ;Finance Act, 1994 - Sections 73, 76, 78 and 80

Reported in : 2010[18]STR265

certain penalties that had been levied on the assessee by the adjudicating authority under Section 78 of the Finance Act, 1994, on the premise that there was suppression and non-payment of duty on the part of the assessee … rendered & Value Tax Pay- paid as credit S.Tax to period able per TR6 utilized be payableChallanCable Operator: 2002-03 3,91,23,684/- 19,56,184/- 9,72,907/- - 9,83,277/-[w.e.f. 16-8-02]2003-04 & 2004-05 [Upto 7,50,17,299/- 57,43,297/- 19,75,115/- 25,27,953/- 12,45,229/-4/04]Internet & Advertisement - 1,39,203/-

Price Water House Coopers Vs. the Commissioner of Service Tax

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Subject : Service Tax

the month of August 2001, September 2001 and February 2002. Interest was demanded under Section 75 of the Finance Act. Penal provisions were invoked under Sections 76 & 78 of the Finance Act, 1994. The adjudicating authority after

Veer Jawan Security Services Vs. Commissioner of Central Excise, Nashi ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Service Tax

the period 16.10.1998 to 30.9.2003 along with interest and penalty under Section 75A, 77 and 78 of the Finance Act, 1994. 2. The brief facts of the case are that the appellant started security agency in the year … under the name and style as Jai Jawan Securities under the proprietorship of Shri S.N. Mahajan. In May 2002 Shri Mahajan changed the name of the security agency to Veerjawan Securities Services and applied for registration to