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Dec 11 2008

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

Court : Mumbai

Decided on : Dec-11-2008

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

It appears that it is first time when the Act was amended and Section 66A was inserted by Finance Act, 2006 w.e.f. 18-4-2006, the Respondents got legal authority to levy service tax on the recipients of the taxable service. … the demand was not probably made from the members of the Petitioners-association, because as per the provisions of Section 64 of the Act, the Chapter extended to whole of India except the State of Jammu & Kashmir, therefore,

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Jul 18 2016

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

Court : Mumbai

Decided on : Jul-18-2016

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

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Oct 03 2019

State of West Bengal Vs. Calcutta Club Limited

Court : Supreme Court of India

Decided on : Oct-03-2019

Subject : Service Tax

in the year 2002. The Finance Act, 2005 brought 9 new services under the service tax net. The Finance Act, 2006 brought 15 new services under the service tax net. The Finance Act, 2007 brought 7 new services under … introduced for the first time by the Finance Act, 1994. Under Section 64(3), Chapter V of the Finance Act applied to taxable services as defined, … therefore, no sales tax could be levied.4. The Tribunal referred to Article 366(29-A) of the Constitution of India, Section 2(30) of the Act, its earlier decision in Hindustan Club Ltd. v. CCT [Hindustan Club Ltd. v. CCT,

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Sep 06 2007

Glaxo Smith Kline Vs. the Commissioner of Service Tax

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Decided on : Sep-06-2007

Subject : Service Tax

Reported in : (2008)12STJ12CESTAT(Bang.)alore

category of Clearing & Forwarding Agents. The appellants denied that they have carried on any activity under the Finance Act for levy of Service Tax more particularly, under the category of C & F Agents. The Assistant Commissioner … Larger Bench ruling rendered in Larson and Toubro Lid. v. CCE, Chennai 2006 (3) STR 321(Tri.-LB) which also has considered the aspect pertaining to the … changed after introduction of deeming provision which was brought in the Explanation to Section 65(105) and provisions of Section 64 where the service provided outside India were also deemed to have been rendered in India while the situation

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Sep 12 2017

Verizon Communication India Pvt. Ltd vs.assistant Commissioner, Servic ...

Court : Delhi

Decided on : Sep-12-2017

Subject : Service Tax

on sale of a thing or goods". (emphasis supplied) Relevant provisions of the Finance Act 1994 14. Under Section 64 (3) of the FA, the entire Chapter V which pertains to service tax applies only to ‘taxable services’. … US'), for rendering connectivity services for the purpose of data transfer, constitutes export of telecommunication services under the Finance Act, 1994 (‘FA’) read with the relevant rules thereunder?. The background 2. The question arises in the following background. … Cenvat Credit Rules, 2004 read with Notification No.5/2006-CE (NT) dated 14th March 2006 and Notification No.27/2012-CE (NT) dated 18th June 2012 claiming refund of unutilized

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Sep 12 2017

Verizon Communication India Pvt. Ltd. Vs.assistant Commissioner, Servi ...

Court : Delhi

Decided on : Sep-12-2017

Subject : Service Tax

on sale of a thing or goods". (emphasis supplied) Relevant provisions of the Finance Act 1994 14. Under Section 64 (3) of the FA, the entire Chapter V which pertains to service tax applies only to ‘taxable services’. … US'), for rendering connectivity services for the purpose of data transfer, constitutes export of telecommunication services under the Finance Act, 1994 (‘FA’) read with the relevant rules thereunder?. The background 2. The question arises in the following background. … Cenvat Credit Rules, 2004 read with Notification No.5/2006-CE (NT) dated 14th March 2006 and Notification No.27/2012-CE (NT) dated 18th June 2012 claiming refund of unutilized

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Sep 12 2017

Verizon Communication India Pvt. Ltd vs.commissioner, Service Tax Comm ...

Court : Delhi

Decided on : Sep-12-2017

Subject : Service Tax

on sale of a thing or goods". (emphasis supplied) Relevant provisions of the Finance Act 1994 14. Under Section 64 (3) of the FA, the entire Chapter V which pertains to service tax applies only to ‘taxable services’. … US'), for rendering connectivity services for the purpose of data transfer, constitutes export of telecommunication services under the Finance Act, 1994 (‘FA’) read with the relevant rules thereunder?. The background 2. The question arises in the following background. … Cenvat Credit Rules, 2004 read with Notification No.5/2006-CE (NT) dated 14th March 2006 and Notification No.27/2012-CE (NT) dated 18th June 2012 claiming refund of unutilized

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Sep 12 2017

Verizon Communication India Pvt. Ltd vs.assistant Commissioner, Servic ...

Court : Delhi

Decided on : Sep-12-2017

Subject : Service Tax

on sale of a thing or goods". (emphasis supplied) Relevant provisions of the Finance Act 1994 14. Under Section 64 (3) of the FA, the entire Chapter V which pertains to service tax applies only to ‘taxable services’. … US'), for rendering connectivity services for the purpose of data transfer, constitutes export of telecommunication services under the Finance Act, 1994 (‘FA’) read with the relevant rules thereunder?. The background 2. The question arises in the following background. … Cenvat Credit Rules, 2004 read with Notification No.5/2006-CE (NT) dated 14th March 2006 and Notification No.27/2012-CE (NT) dated 18th June 2012 claiming refund of unutilized

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Jul 20 2006

Wipro Ge Medical Systems Pvt. Ltd. Vs. the Commissioner of Service Tax

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Decided on : Jul-20-2006

Subject : Service Tax

assessee are carrying on the activity of Annual Maintenance Contract (AMC) in terms of Section 67 of the Finance Act. However, they have not properly computed the correct Service Tax, which is required to be deposited by them.

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Sep 29 2006

Deputy Commissioner of Income Tax Vs. All Saints Christian Educational

Court : Income Tax Appellate Tribunal ITAT Vizag

Decided on : Sep-29-2006

Subject : Direct Taxation

Reported in : (2007)111TTJVisakha109

depending upon the facts of each case.10. Furthermore, there has been an amendment in the statute by the Finance Act, 2006 w.r.e.f. 1st Oct., 1991 and also an Explanation has been inserted below Section 148 as under: (a) where

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