Advanced Search Results

All India Tax Payers Welfare Association Vs. Union of India (Uoi)

Court : Chennai

Subject : Service Tax

Acts : Finance Act, 1994 - Sections 65, 66, 68, 68(1), 70, 71A and 83; Central Excise Act, 1944 - Sections 1B, 9C, 9D, 11, 11BB, 11C, 11D, 12, 12A, 12B, 12C, 12D, 12E, 14, 15, 35F, 35D, 35E, 36, 36A, 36B, 37A, 37B, 37C, 37O, and 40; Finance Act, 2003 - Sections 66, 669(1) and 68; Finance Act, 2004 - Sections 83; Central Excises Act, 1944 - Sections 9C, 9D, 11, 11B, 11BB, 11C, 11D, 12, 12A, 12B, 12C, 12D, 12E, 14, 15, 35F to 35O, 35Q, 36, 36A, 36B, 37A, 37B, 37C, 37D and 40; Service Tax Rules, 1997 - Rules 2, 12 and 17

Reported in : (2006)205CTR(Mad)360; 2006[4]STR14

let us look into the relevant provisions of the Act for disposal of this writ petition:Section 68 of Finance Act, 2003 : Every person providing taxable service to any person shall pay Service Tax at the rate specified in … 12B, 12C, 12D, 12E,, 14, 15, 35F, to 35D, 35E, 36, 36A, 36B, 37A, 37B, 37C, 37O, and 40 of the Central Excise Act; that Section 12A and 12B of Central Excise Act 1994, deals with the

Commissioner of Wealth Tax Vs. Indian Warehousing Industries Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Finance Act, 1983 - Sections 40(3)

Reported in : (2004)188CTR(Mad)283; [2004]269ITR203(Mad)

of the value of the warehouses as they were exempt under the provisions of Section 40(3) of the Finance Act, 1983?2. In order to appreciate the question of law, it is necessary to notice the facts in brief.Assessee

Ghanashyam Mishra And Sons Private Limited Vs. Edelweiss Asset Reconst ...

Court : Supreme Court of India

Subject : Land Acquisition

a second proviso and consequent amendment in second proviso to section 43B of Income­tax Act, 1961 by the Finance Act, 2003 was held to be curative and retrospective. 28 AIR1997SC2523 p. 2538 : (1997) 5 SCC482 29 AIR1997SC1651 p. … retrospective. Similarly, in Brij Mohan Das Laxman Das v. Commissioner of Income - tax29. Explanation 2 added to section 40 of the Income-tax Act, 1961 from 1.4.1985 on a question on which there was a divergence of opinion

Shri.Thomas George Muthoot Vs. The Commissioner of Income Tax

Court : Kerala

Subject : Direct Taxation

in Allied Motors (supra), the Apex Court held that provisions of the Finance ITA.278/14 & con cases 11 Act 2003 by which the second proviso to Section 43B was deleted and the first proviso was amended, were curative … not liable to deduct tax at source. However, by virtue of the proviso which was inserted by the Finance Act 2002, the benefit of exclusion is restricted only to those individuals and Hindu undivided families, whose total sales, … referred to as `the Act' for short). For that reason, the interest paid was disallowed in terms of Section 40(a)(ia) of the Act. This order passed by the Assessing Officer was ITA.278/14 & con cases 2 confirmed by

M/S Wipro Limited Vs. The Deputy Commissioner of Income Tax

Court : Karnataka

Subject : Direct Taxation

of income tax in both the countries was sine qua non. However, by the amendment made by the Finance Act 2003, the benefit of granting the relief was extended to even in respect of income tax chargeable under the … …RESPONDENT (By Sri E.R.Indrakumar, Senior Counsel for Sri K.V.Aravind, Adv.) - 2 - This I.T.A. is filed under Section 260-A of I.T.Act, 1961 arising out of order dated 30.05.2008 passed in ITA No.468/BNG/2006, for the assessment year … the contracting country is liable for deduction under Section 37 r/w Section 40(a)(ii) r/w Explanation 1 of the Act. Therefore, he submits that seen from

Commr.of Income Tax-i,new Delhi Vs. Vatika Township P.Ltd.

Court : Supreme Court of India

Subject : Land Acquisition

with amendments in Section 158BE, would be prospective i.e. it will take effect from 1st June, 2002. (f) Finance Act, 2003, again makes the position clear that surcharge in respect of block assessment of undisclosed income was made prospective. … Income Tax Act were made by the same Finance Act specifically making those amendments retrospectively. For example, clause 40 seeks to amend S.92F. Clause iii (a) of S.92F is amended “so as to clarify that the activities

The Commissioner of Income Tax-Ii vs.mitsubishi Corporation India Pvt. ...

Court : Delhi

Subject : Direct Taxation

to any resident payee Any payer to a non-resident payee 40(a)(i) N.A. 40(a)(i) N.A. Position as amended by Finance Act, 2003: Payable Outside India Payable in India Any payer to any resident payee Any payer to a non-resident payee … April, 2014, framed the following questions of law. “(i) Whether the ITAT fell into error in holding that Section 40(a)(i) of the Income Tax Act, 1961 ITA No.180/2014 Page 1 of 83 cannot be applied in view of

ANZ Grindlays Bank Vs. Deputy Commissioner of Income-tax

Court : Delhi

Subject : Direct Taxation

thereon under Chapter XVII B of the Act. The said clause (iii) was substituted by virtue of the Finance Act, 2003 with effect from 1st April 2004. By virtue of the aforesaid amendment, the rigor of sub clause (iii) … in the present appeal relates to the denial of deduction of expenses - by virtue of provision of Section 40(a)(iii) of the Act -for failure on the part of the Assessee to deduct and deposit Tax Deducted at

ANZ Grindlays Bank (now Standard Chartered Grindlays Bank Ltd.) Vs. De ...

Court : Delhi

Subject : Direct Taxation

thereon under Chapter XVII B of the Act. The said clause (iii) was substituted by virtue of the Finance Act, 2003 with effect from 1st April 2004. By virtue of the aforesaid amendment, the rigor of sub clause (iii) … in the present appeal relates to the denial of deduction of expenses - by virtue of provision of Section 40(a)(iii) of the Act -for failure on the part of the Assessee to deduct and deposit Tax Deducted at

Herbalife International India Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2006)101ITD450(Delhi)

of the first mentioned State.The provisions of Section 40(a)(i) as it stood prior to its amendment by the Finance Act, 2003 w.e.f. 1st April, 2004 applied to payments by an assessee outside India to a non-resident only. After 1st