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In Re: R and B Falcon (A) Pty Ltd.

Court : Authority for Advance Rulings

Subject : Direct Taxation

Reported in : (2007)289ITR369AAR

that it is not liable to FBT and that subsequently Section 115WB(3) of the Act was amended by Finance Act, 2006 to exclude from the operation of FBT any free or subsidized transportation facility provided by the employer to … to comprehend the connotation of terms, |residence|, |tour and travel|, |conveyance| and |transport|. They are not defined in Chapter XII-H of the Act and as they are not technical terms, they have to be given meaning as

Commissioner of Income Tax Vs. Jindal Exports Ltd. and ors.

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 2(1), 2(43), 16(3), 24(2), 90, 90A, 91, 115J, 115JA, 115JA(1), 115JAA, 115JAA(1), 115JAA(2), 115JAA(4), 115JAA(5), 119, 139, 140A, 140A(1), 142, 143, 143(1), 144, 147, 148, 154, 155, 158BC, 207, 208, 209, 209(1), 210, 215(2), 234A, 234B, 234B(1), 234B(2), 234C, 234C(1), 245D(4), 245D(6), 250, 254, 260, 262, 263 and 264; Finance Act, 2006; Direct Tax Laws (Amendment) Act, 1987; Finance Act, 1997; Finance (No. 2) Act, 1996

Reported in : (2009)221CTR(Del)8; [2009]314ITR137(Delhi); [2009]179TAXMAN391(Delhi)

Section 234C(1) of the IT Act, 1961 (hereinafter referred to as 'the said Act') by virtue of the Finance Act, 2006, w.e.f. 1st April, 2007. According to the learned Counsel for the appellant/Revenue, after the said amendments, there is … set off prior to the computation of interest under Sections 234B and 234C.10. Referring to the provisions of Chapter XVII-C relating to advance tax, it was submitted by the learned Counsel for the Revenue that Section 207 … be regarded as a regular assessment for the purposes of this section.Explanation 3: In Expln. 1 and in Sub-section (3), 'tax on the total income

Maxopp Investment Ltd and ors. Vs. Commissioner of Income Tax and ors.

Court : Delhi

Subject : Income Tax

Acts : Income Tax Act, 1961 - Sections 260A, 14A; Income Tax Rules, 1962 - Rule 8D; Finance Act, 2002

the total income?2. Whether the provisions of sub-section (2) and sub-section (3) of section 14A inserted by the Finance Act, 2006 with effect from 01/04/2007, would apply retrospectively to all pending proceedings?3. Whether Rule 8D inserted by the Income … to income not includible in total income .14A. For the purposes of computing the total income under this Chapter, no deduction shall be allowed in respect of expenditure incurred by the assessee in relation to income which … and Trading Co Ltd v. Collector of Customs: 1993 (68) the LT 3 (SC). In the said decision the controversy was with regard to the

Indian Hotels and Restaurant Association Represented by Its Treasurer ...

Court : Mumbai

Subject : Service Tax

the Central Government by the Finance Act, 2011 made an amendment to Chapter V of the Finance Act 1994, relating to service tax, inserting sub-clause … India, the Petitioners are claiming a writ, order or direction declaring clause (zzzzv) of Section 65(105) of the Finance Act, 2010 as ultravires the Constitution of India, null, void and of no legal affect. It is prayed that … as a part of the activity. Rule 2C was inserted in the Service Tax (Determination of Value) Rules, 2006 with effect from 01.07.2012 which provides that a service tax would be levied on 40% of the gross … tax is not mentioned in either List II (State List) or List III (Concurrent List). Mr. Sridharan concedes that there is no entry in relation

M/s. D.P. Jain and Company Infrastructure Pvt. Ltd. Vs. Union of India ...

Court : Mumbai

Subject : Service Tax

reconditioning on restoration, or servicing of any goods, excluding a motor vehicle and also substituted it by the Finance Act, 2006 with effect from 1st May, 2006. It also substituted the Explanation below section 65(64) with effect from 15th … the CESTAT, Finance Act, 2012 was enacted. By this enactment, sections 97 and 98 have been inserted in Chapter V of the Finance Act, 1994. Section 97 of the Finance Act, 1994 provided for retrospective exemption to … namely, maintenance, management and repair service, the findings are as under:- ..... iii. It is noteworthy to mention that it has not been disputed by

Simplex Infrastructures Ltd. Vs. Commissioner of Service Tax, Kolkata

Court : Kolkata

Subject : Service Tax

service tax for the fiRs.time was introduced in India in the year 1994 under Chapter V of the Finance Act, 1994. It has been amended from time to time, inter alia, by introducing more categories of services within … Banerjee, J.: (1) In the instant writ petition, the petitioner challenges a show cause-cum-Demand Notice dated 21st April, 2006 demanding service tax of Rs.65.25 crores (approx.) for the period 1st October, 2000 to 31st March, 2005 and

Gkw Limited and anr. Vs. State of Rajasthan

Court : Rajasthan

Subject : Constitution

Reported in : AIR2008Raj90; RLW2008(2)Raj1627

Bhandari, J.1. In all these writ petitions, a challenge has been made to the Chapter VII to Rajasthan Finance Act, 2006 (hereinafter referred to as 'the Act of 2006') and Rules framed thereunder, as well as consequential notification issued. … the minerals with same different provisions in the Act 8 of 2006. In that regard, reference of Paras 3, 4, 5 and 7 of the judgment aforesaid was made specifically and prayed that looking to the judgment

Commissioner of Income-tax - II, Kanpur Vs. N.K. Laminates (P.) Ltd.

Court : Allahabad

Subject : Direct Taxation

initiated under Section 132 or Section 132A after 31.5.2003 by introduction of an amendment to the Chapter by Finance Act, 2003. Section 158BA of the Act contemplates the assessment of undisclosed income. Section 158B(b) defines "undisclosed income" which … and observation of the Assessing Officer that information leading to undisclosed investment was very much in his possession? 3 -Whether on the facts and circumstances of the case the Income Tax Appellate Tribunal was correct in deleting

Kerala State Co-operative Agricultural And Rural Development Bank Ltd. ...

Court : Supreme Court of India

Subject : Direct Taxation

or more of such activities which are mentioned in sub-section (2). Sub-section (4) of Section 80P43inserted by the Finance Act, 2006 is in the nature of a proviso and such a deduction under the said Section shall not be … within the meaning of BR Act, 1949. Therefore, the appellant bank does not come under the provisions of Chapter V of the BR Act, 1949. It was submitted that the Reserve Bank of India reports and the … developmental activities: i) Development of handicrafts and other crafts; ii) Small Industries; iii) Cottage and Village Industries; iv) Industries in tiny and decentralized section; and

Kerala State Insurance Department Vs. Union of India

Court : Kerala

Subject : Land Acquisition

Reported in : 2012(2)KLT941; 2012(2)KHC683

the obligation as above and hence there is no 'taxable service', as contemplated under Section 65(12) of the Finance Act , 1994 to be mulcted with any liability. Still, the petitioner had submitted an application for registration and … is defined under Section 65(95), which reads as follows:"service tax means tax leviable under the provisions of this chapter."Other relevant provisions are, Section 44(f) of the LIC Act, Section 36(1)(a) of the General Insurance Business (Nationalisation) Act … been produced in the present case also as Ext.P10);. Paragraphs 1,2 and 3 of the Circular are relevant and hence which are extracted below:"A number