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May 30 2007

Commissioner of Central Excise Vs. Mangalam Cement Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : May-30-2007

Subject : Service Tax

Reported in : (2007)7STR673

in one case (Service Tax Appeal No. 2/23 of 2005) of Rs. 60,26,508/- under Section 73(2) of the Finance Act, 1994, imposing penalty of Rs. 48,700/- under Section 76 and ordering interest amount of Rs. 8,84,287/- under Section … He further relied upon the decision of this Tribunal in J&K Industries Ltd. v. CCE Indore, reported in 2006(3) STR 14, more particularly on paragraphs 8 and 9 of the judgment and the decision in Indian Farmers

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Jun 26 2013

Ags Entertainment Private Limited Vs. Union of India

Court : Chennai

Decided on : Jun-26-2013

Subject : Land Acquisition

Declaration, or any other appropriate writ, order or direction under Article 226 declaring that Section 65(105)(zzzzt) of the Finance Act, 1994 as amended by Finance Act, 2010 unconstitutional and ultra vires, Article 246 of the Constitution of India … Entry 54 of List II of Seventh Schedule of the Constitution, State enacted Tamil Nadu Value Added Tax Act, 2006. It was further submitted that as per section 2(33) of Tamil Nadu Value Added Tax Act and section … Venture Pvt. Ltd., rep. by its Director K.S.Srinivasan having office at No.10, 92nd street, Ashok Nagar, Chennai-600 083. .. Petitioner vs. 1.Union of India, rep.

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Aug 11 2016

Mahyco Monsanto Biotech (India) Pvt. Ltd. and Others Vs. THE UNION OF ...

Court : Mumbai

Decided on : Aug-11-2016

Subject : Service Tax

impregnated seed is a service, and this is liable to be taxed under the relevant provisions of the Finance Act as amended, read with the Rules that pertain to service tax. This is a central levy. The transaction … India Pvt. Ltd. v State of Maharashtra, (2009) 40 MTJ 285; Second Appeal Nos. 1432 to 1438 of 2006 decided on 12th February 2009)as separate proceedings in that regard were pending. These were cases where the issue … Added Tax Act, 2002 ( the MVAT Act ); the definitions under Sections 65(105)(zzr), 65(55a) and 65(55b) of the Finance Act, 1994; and sub-clause (c) … Mr. Jetly for Respondent Nos. 1 and 3 in Writ Petition No. 9175 of 2015 ( the Monsanto Petition ). In Writ Petition No. 497

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Feb 09 2009

Cit Vs. Rajiv Bhatara

Court : Supreme Court of India

Decided on : Feb-09-2009

Subject : Direct Taxation

that the surcharge was levied as per the provisions of Part I of the 1st Schedule appended to Finance Act, 2000. On the ground that there was no mistake apparent on the record, the application under Section 154 … be allowed, which we direct. The impugned order of the High Court in Tax Appeal No. 587 of 2006 is set aside and the departmental civil appeal is allowed with no order as to costs. - Sections

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Apr 13 2007

Dr. M. Venkataramanappa S/O Muniyappa Vs. the Chancellor, Bangalore Un ...

Court : Karnataka

Decided on : Apr-13-2007

Subject : Constitution

Acts : Constituiton of India - Articles 14, 16, 20(2), 226 and 227; Karnataka State Universities Act, 2000 - Sections 8, 8(1) and 9; Ph.D. Regulations - Sections 2.7 and 2.8

Reported in : 2007(5)KarLJ254; ILR2007(2)Kar2212; 2007(3)AIRKarR448

questioning the legality and validity of the impugned Notification dated 30th August 2006 bearing No. GS 3 BUM. 2003 vide Annexure A, has presented the … and as submitted by the learned Senior counsel appearing for petitioner, but the said power exercised is under Section 9, which is only a direction to look into the allegations in the interest of both administration and academic … academic functioning of University and in particular to ensure peace and tranquility and to protect the property and finances. He specifically pointed out that, though it has been wrongly mentioned as Section 8, in fact, the Chancellor … three senior Professors of out-side University. Therefore, he vehemently submitted that, the action of first respondent in issuing the impugned Notification amounts to exercising power

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Jan 10 2014

Welspun Infratech Limited Vs. Ashok Khurana and Others

Court : Mumbai

Decided on : Jan-10-2014

Subject : Land Acquisition

judgment of the Division Bench of this court in the case of Deccan Chronicle Vs. L and T Finance Ltd in Appeal (l) No. 130 of 2013 delivered on 8th August, 2013 and in particular paragraph 10 … are heard together and are being disposed of by the common order. By these two petitions filed under section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as œArbitration Act?), petitioner seeks appointment of Court … court in the case of Ion Exchange (India) Ltd. Versus Paramount Ltd. 2006(4) B.C.R. 545 in support of his submission that the application under section

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Sep 07 2007

Tata MaIn Hospital Vs. the State of Jharkhand and ors.

Court : Jharkhand

Decided on : Sep-07-2007

Subject : Sales Tax/VAT

Acts : Bihar Finance Act, 1981 - Sections 2, 3, 7(3), 17(5) and 33; Sale of Goods Act, 1930; Government of India Act, 1935; Constitution of India - Articles 336 and 366

Reported in : [2008(2)JCR174(Jhr)]

Finance Act, 1981 for the last four financial years. (vi) To quash the demand notices dated 20th March 2006, contained in Annexure-14 series, issued by the Assistant Commissioner, Commercial Taxes, Urban Circle, Jamshedpur, under Section 17 (5) … not a transaction which comes within the meaning of 'Sale' as defined under Section 2(t) of the Bihar Finance Act, 1981 and, therefore, is not taxable under the said Act.(ii) For declaration that the petitioner does not come … 'State of Madras v. Gannom Dunkerley and Company (Madras) Ltd. reported in 9 STC 353 (SC)' and the case of 'Bharat Sanchar Nigam Limited v.

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Aug 12 2016

Federation of Hotels and Restaurants Association of India and Others V ...

Court : Delhi

Decided on : Aug-12-2016

Subject : Service Tax

226 of the Constitution of India is to the constitutional validity of Section 65 (105) (zzzzv) of the Finance Act 1994 (FA) whereby the provision to any person by a restaurant, by having the facility of air-conditioning in … in law. The Petitioners seek a declaration that Rule 2C of the Service Tax (Determination of Value) Rules, 2006 is invalid. Profile of the Petitioners 2.1 Petitioner No.1 is the Federation of Hotels and Restaurants Association of … purchase of goods other than newspapers, subject to the provisions of entry 92A of List I. 62. Taxes on luxuries, including taxes on entertainments, amusements,

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Jun 30 2006

Deputy Commissioner of Income Tax Vs. Indian Syntans Investments (P)

Court : Income Tax Appellate Tribunal ITAT Chennai

Decided on : Jun-30-2006

Subject : Direct Taxation

Reported in : (2007)103ITD457(Chennai)

that there is change in law as regards the provisions of Section 148 of the Act by the Finance Act, 2006 with retrospective effect from 1st Oct., 1991 and with that change in law in the provisions of Section … be treated as Income chargeable to tax as per Expln. (2) to Clause (vii) of Sub-section (1) of Section 9. (3) The lump sum consideration of Rs. 9,22,60,000 for transferring, assigning and surrendering technical know-how as income chargeable

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Apr 08 2014

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

Court : Mumbai

Decided on : Apr-08-2014

Subject : Service Tax

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 was legislated by the Parliament under the residuary entry i.e. Entry 97 of List I of the Seventh Schedule to the Constitution of India.

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