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May 16 2016

Commissioner of Wealth Tax Vs. Mohan Exports India P. Ltd.

Court : Delhi

Decided on : May-16-2016

Subject : Direct Taxation

concerned, the AO passed an order on 17th March 1993 again determining the value of property as per Schedule III of WTA at Rs. 4,19,45,260/-. 9. The Assessee's appeals for both AYs 1989-90 and 1990-91 were disposed of … favour of the Assessee. Therefore it was not an 'asset' under Section 40 (3) of the WTA Nos. Finance Act 1983. The CIT (A) accepted the above plea and held that the value of the land at 8 … by the Revenue are directed against a common judgment dated 29th September 2003 passed by the Income Tax Appellate Tribunal ( ITAT ) in WTA

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Mar 18 2011

Dharampal Satyapal Limited. Vs. Union of India

Court : Guwahati

Decided on : Mar-18-2011

Subject : Education

for review. (10.) Mr. Choudhury, did not dispute the plea of non applicability of Section 154 of the Finance Act,2003, Schedule IX thereto and the rendering of the Apex Court in R.C. Tobacco (Supra) to the issues relatable to … as sought for is warranted. The learned Addl. Advocate General to consolidate this contention heavily relied on Clause 3 of the Policy,2007 emphasizing as well on the plentitude of power of the Government as the framer of

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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

by the Government of Sikkim and entered into agreements with the State - Pursuant to amendment by the Finance Act, 2003, inclusion of new category of taxable services-"Business Auxiliary Service" - Issuance of notices to the respondents by the … powers are traceable to any of the entries in List II and III to Seventh Schedule of Constitution of India. (v) Power to tax the … Etc. List of Keywords Paper lottery; Online lottery; Betting and Gambling; Service Tax; Principal-principal agreement; Principal-agent agreement; Seventh Schedule; Sole purchasers/distributors of lottery tickets; Taxable services; Actionable claim; Negative list; Noscitur a sociis; Res extra commercium; Residuary

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Dec 20 2005

Sterlite Industries (India) Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Dec-20-2005

Subject : Land Acquisition

Reported in : (2006)102TTJ(Mum.)53

etc. and other concerning the payment with regard to provident fund, superannuation fund or gratuity fund, etc. The Finance Act, 2003, omitted second proviso and the 1st proviso is made applicable with regard to all the payments including the … was declared.This P&L a/c was duly prepared in accordance with the provisions of Parts II and III of Schedule VI to the Companies Act, 1956 (1 of 1956), which was as per the requirement laid down in

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Mar 08 2004

Commissioner of Income Tax Vs. A.M. Habeeb

Court : Kerala

Decided on : Mar-08-2004

Subject : Direct TaxationCivil

Acts : Income Tax Act, 1961 - Sections 249(1), 253(6), 260A, 260A(2) and 260A(7); Wealth-tax Act, 1957 - Sections 27A; Kerala Court Fees and Suits Valuation Act, 1959 - Sections 52A - Schedule - Article 3; Finance Act, 1999; Code of Civil Procedure (CPC) , 1908 - Sections 100; Kerala Court Fees and Suits Valuation (Amendment) Act, 2003

Reported in : (2004)188CTR(Ker)100; [2004]268ITR344(Ker); 2004(2)KLT202

Section 52A r/w sub-item (c) of item (iii) of Article 3 of Schedule II to the Act. The standing counsel for the IT Department filed … on which the fee for appeal provided under Section 260A of the IT Act was omitted by the Finance Act, 1999 is virtually resurrected in the Court Fees Act and that unlike under the very scheme of the … Act, 1959 (hereinafter referred to as 'the Act') inserted by the Kerala Court Fees & Suits Valuation (Amendment) Act, 2003 providing for Court fee payable on memorandum of appeal filed before the High Court against the orders of

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Dec 18 2006

K.A. Jose Vs. R.T.O. and anr.

Court : Kerala

Decided on : Dec-18-2006

Subject : Sales Tax/VATConstitution

Acts : Andhra Pradesh Rural Development Act, 1996 - Sections 7(1); Assam Taxation (On Goods Carried by Road or Inland Waterways) Act, 1954; Bihar Taxes on Entry of Goods into Local Areas for Consumption, Use or Sale thereof Act, 1993; Bihar Taxes on Entry of Goods into Local Areas for consumption, Use or Sale thereof Ordinance, 1993; Cantonments Act, 1924; Constitution of India - Articles 14, 19, 19(1), 213, 245, 246, 255, 265, 286 and 301 to 304; Finance Act, 1996; Finance Act, 2003; Himachal Pradesh Taxation (on certain Goods Carried by Road) Act, 1991; Kerala Finance Act, 1996; Kerala General Sales Tax Act, 1963; Kerala Municipality Act, 1994; Kerala Panchayat Raj Act, 1994; Kerala Tax on Entry of Goods into Local Areas Act, 1994 - Sections 2(1), 3, 3(1), 4 and 9; Kerala Tax on En

Reported in : 2008(1)KLJ128

the time of entry into the local area. Charging Section 3 which stood prior to the amendment by Finance Act 2003 read as follows:(1) Subject to the provisions of this Act, there shall be levied and collected a tax … exercise of its powers under Articles 245 arid 246 read with Entry 52 List II of the VII Schedule to the Constitution of India. Two batches of cases have also come up for our consideration; some pertaining … to trade and commerce under Entry 26 of List II or List III. However, this limitation on the State Legislature is lifted in two cases,

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Dec 18 2006

Thressiamma L. Chirayil Vs. State of Kerala

Court : Kerala

Decided on : Dec-18-2006

Subject : Sales Tax

Acts : Kerala Tax on Entry of Goods into Local Areas Act, 1994 - Sections 2(1), 3 and 4; Kerala Finance Act, 1996; Assam Taxation (On Goods Carried by Road or Inland Waterways) Act, 1954; Rajasthan Motor Vehicles Taxation Act, 1951; Andhra Pradesh Rural Development Act, 1996 - Sections 7(1) and 9; Himachal Pradesh Taxation (on Certain Goods Carried by Road) Act, 1991; Motor Vehicles Act, 1988; Kerala Panchayat Raj Act, 1994; Kerala Municipality Act, 1994; Cantonments Act, 1924; Finance (Amendment) Act 2003; Kerala General Sales Tax Act, 1963; Constitution of India - Articles 14, 19(1), 213, 245, 246, 255, 265, 286, 301, 302, 303 and 304

Reported in : 2007(1)KLT303; (2007)7VST293(Ker)

the time of entry into the local area. Charging Section 3 which stood prior to the amendment by Finance Act 2003 read as follows:(1) Subject to the provisions of this Act, there shall be levied and collected a tax … exercise of its powers under Articles 245 and 246 read with Entry 52 List II of the VII Schedule to the Constitution of India. Two batches of cases have also come up for our consideration; some pertaining … to trade and commerce under Entry 26 of List II or List III. However, this limitation on the State Legislatures is lifted in two cases,

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May 21 2012

Mather and Company Pvt. Ltd., Kochi, Rep. by Its Managing Director K.M ...

Court : Kerala

Decided on : May-21-2012

Subject : Sales Tax

Reported in : 2012(3)KLT41(SN)(C.No.43)

Section 8(a) (iiii) of the Kerala Value Added Tax Act, 2003 (hereinafter referred to as ‘Act’) by the Finance Act 2007 (Act 15/2007) published in the official gazette of the State of Kerala dated 28.07.2007, taking away the … from outside the State and for the purchase value of goods so deducted shall pay tax at the scheduled rate applicable to such goods. Xx xx xx xx Provided also that notwithstanding anything contained in this Act, … transactions, being ‘work contract’, is eligible to tax under both the enactments. 3. With regard to the tax liability, the petitioners had been paying compounded

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May 02 2012

Commissioner of Central Excise, Delhi-i Vs. Joint Secretary(Revisionar ...

Court : Delhi

Decided on : May-02-2012

Subject : Excise

under section 136 of the Finance Act, 2001 (14 of 2001), as amended by Section 169 of the Finance Act, 2003 (32 of 2003) and further amended by Section 3 of the Finance Act, 2004 (13 of 2004); (e) … which are produced or manufactured in India and at the rates set forth in the First and Second Schedules to the Central Excise Tariff Act, 1985. The proviso to this Section has further added that the duties … assessees are entitled to rebate/refund of the CVD paid on the inputs. 3. CVD is imposed when import is made under the Customs Act, 1962

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Jan 11 2023

V.J.Sebastian, vs State of Kerala,

Court : Kerala

Decided on : Jan-11-2023

iii) The Hon'ble Tribunal categorically found that the stitched flannel cloth will not come under entry 105 of schedule III of the Act, in the light of the said finding whether the impugned assessment order is sustainable in … ADVS. S.K.DEVI SRI.SHANMUGHAM D. JAYAN RESPONDENT/S: STATE OF KERALA, REPRESENTED BY ITS FINANCE SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. OTHER PRESENT: ADV. M. M. JASMINE … Act 1963 for the year 2002-03 for identical goods and the position now is exemption claimed under VAT Act 2003 for the same product. A perusal of the order of the Commercial Tax Officer reveals that at the

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