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indus Towers Ltd Vs. the Deputy Commissioner of Commercial Taxes and O ...

Court : Karnataka

Subject : Service Tax

Operators are charged by the assessee for the Site Access Availability. The assessee is also assessed under the Finance Act, 1994 and is paying service tax. 8. The assessee was served with a notice under Section 39(1) of … to various mobile telephone operators, as a deemed sale within the meaning of Section 2(29)(d) of the KVAT Act, 2003. The assessee filed a reply contending that their activity does not involve any sale or any transfer of

Jagatdal Jute and Industries Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2004)1SOT210(Kol.)

the return of income for the year, is unsustainable in law particularly in view of amendments, introduced by Finance Act, 2003 in section 43B of Income Tax Act, 1961, which are to be treated as having retrospective effect covering … Pharmaceuticals Ltd. Mumbai v. Joint CIT in ITA No.3140/Mum/1999 pertaining to assessment year 1994-95 vide its order dated 29-9-2003, has held that the amendment brought by the Finance Act, 2003, is retrospective in operation by observing as

Plastiblends India Limited a Company Incorporated Under the Companies ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(45), 5, 14, 28, 29, 30 to 43D, 66 to 80, 80A to 80B, 80B(5), 80C to 80U, 143(1) and 260A; Companies Act, 1956; Finance Act, 2001 - Sections 32(1); ;Finance Act, 2003 - Sections 36(1); Customs Act, 1962 - Sections 75

Reported in : 2009(111)BomLR4592; (2009)227CTR(Bom)1; [2009]318ITR352(Bom); 2010(1)MhLj526; [2009]185TAXMAN187(Bom)

in : 298 ITR 194 (SC) where it is held that the proviso inserted to Section 36(1)(iii) by Finance Act, 2003 with effect from 1-4-2004 has to be read prospectively with effect from 1-4-2004. Accordingly, Mr. Dastur submitted that … out various incomes that are chargeable to income-tax under the head `Profits & gains of business or profession'. Section 29 in Chapter IV of the Act provides for the computation of income from profits & gains of business

Bharti Airtel Ltd. (Formerly Bharti Tele Ventures Ltd.) Rep. by Its He ...

Court : Karnataka

Subject : Sales Tax/VAT

Acts : Karnataka Value Added Tax Act, 2003 - Sections 2(15), 2(29), 3 and 39; Karnataka Value Added Tax Rules; Companies Act, 1956; Indian Telegraph Act, 1885 - Sections 4; Finance Act, 1994; Sale of Goods Act, 1930 - Sections 2(7); Customs Act, 1962 - Sections 2(22) and 12; Uttar Pradesh Trade Tax Act, 1948 - Sections 2; Kerala General Saks Act 1963 - Sections 2(7); Indian Electricity Act, 1910 - Sections 39; Sales Tax Act; Constitution of India - Articles 14 and 19, 19(1), 226, 246, 366(12) and 366(29A)

Reported in : (2009)22VST465(Karn); 2009(3)AIRKarR235(D.B)

It has also been registered with the 5th respondent, namely, the Commissioner of Service Tax, Bangalore under the Finance Act, 1994 and it has been regularly paying 'Service tax' in respect of the said service.(b) The Appellant Company … of money towards the same. INDIAN SALE OF GOODS ACT, 1930 Section 3 & Karnataka Value Added Tax Act, 2003, Section 2(15): Meaning of the term goods - Activity of providing broad band connectivity by the appellant Company to … for Development of Advanced Computing, Bangalore in reply to the letter dated 29-09-2006 that was written to him by Sri G. Shivadas, the learned Advocate

Maharashtra State Electricity Board Vs. Maharashtra Electricity Regula ...

Court : Mumbai

Subject : Electricity

Acts : Electricity Regulatory Commission Act, 1998 - Sections 17(5), 27 and 29; Electricity (Supply) Act, 1948 - Sections 45, 49 and 59

Reported in : AIR2004Bom294; 2004(3)BomCR485

State is now bound to make good the loss by subsidy under Section 65 of the Electricity Supply Act, 2003. The Commission has recorded a finding of fact that both the appellant Board and consumers are responsible for … order dated 10th January, 2002 passed by the Maharashtra Electricity Regulation Commission (for short 'the Commission') passed under Section 29 of the Electricity Regulatory Commission Act, 1998 (for short 'ERC Act') determining and fixing the tariff for electrical … so approved that there would be no recovered revenue gap in the finances of the Board. In our opinion, there can be no doubt that

In the Matter Of: Damodar Valley Corporation Vs. Central Electricity R ...

Court : Appellate Tribunal for Electricity APTEL

Subject : Direct Taxation

the year 2003, w.e.f. 10.06.2003. Under this Act, the DVC was brought under the provisions of the Electricity Act, 2003 for electricity business. In view of the said Act, the tariff of the DVC for generation and inter-State … or by way of interest on loans. We direct the Central Commission to ensure that capital deployed in financing operating assets is getting fully serviced either through Return on Equity or interest on loan (including on the … a petition before the Central Commission for determination of its tariff under sections 61 and 62 of the Electricity Act, read with section 79 of … Hence, the Central Commission initiated suo moto proceedings through the order dated 29.03.2005 directing the Appellant, DVC to submit its application for approval of its

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

Court : Delhi

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) … in the Notification No.19/2004-CE dated 06.09.2004, 20/2004-CE dated 06.09.04, 21/2004-CE dated 06.09.04 vide Notification No. 28/2004-CE dated 21.10.04, 29/2004-CE dated 06.09.04 and 30/2004-CE dated 21.10.04 respectively. The applicants throughout India filed the rebate of Education Cess from

K.l. Swamy Vs. The Commissioner Of Income Tax

Court : Supreme Court of India

Subject : Direct Taxation

block period, absence of specific assessment year in the block assessment would render the levy suspect. XXXXXXXXXXXX44 The Finance Act, 2003, again makes the position clear that surcharge in respect of block assessment of undisclosed income was made prospective. … Section 12% 12% 12 12% 13% 2(3) or % 17% 2002 Section 2% 2% 2% 2% 2% 2(3) 2003 Section 5% 5% 5% 5% 5% 2(3) 39.2. The rate at which tax, or for that matter surcharge is … case of Commissioner of Income Tax vs. Suresh N. Gupta - (2008) 297 ITR322(SC). 4.5 Being aggrieved and dissatisfied with the impugned judgment and order

Mohamed Fazal. Vs. K.S.Palanisamy

Court : Chennai

Subject : Constitution

Acts : State Finance Corporation Act - Section 29; Constitution of India - Articles 226, 14

such application for considering the tender can be made and the High Court cannot usurp the power under Section 29 of the State Finance Corporation Act, to accept an offer for participation in tender and allow the same … etc.,3. The concern was granted waiver of Penal and Compound Interest to the extent of Rs.10.79 lakhs during 2003 towards One time settlement o loan account. However the concern did not avail the opportunity.4. The Primacy assets

Commissioner Income Tax-i Vs. Chd Developers Ltd.

Court : Delhi

Subject : Land Acquisition

(10) was amended by the Finance Act, 2000 (10 of 2001), sec. 39(e)(i) and (ii) (w.e.f. 1.4.2001), by Finance Act, 2003 (32 of 2003), Sec (c)(i) and (ii) (w.e.f. 1.4.2002). Sub-section (10), before substitution by Finance (No.2) Act, 2004, … that requirement of completion certificate was merely directory and not mandatory. Reliance was placed upon the decision dated 29-2-2012 of Hon‟ble Karnataka High Court (ITA no.138 of 2010) to the effect that it is prospective in nature.