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M/s. D.P. Jain and Company Infrastructure Pvt. Ltd. Vs. Union of India ...
Mumbai
Jul-18-2016
Service Tax
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, … tax amounting to Rs.10,25,72,125/- should not be demanded from it under the provisions of section 73(1) of the Finance Act, 1994. Interest under section 75 was proposed to be recovered and penalties under sections 76, 77 and 78 … and Site Formation and Clearance, Excavation and Earth Moving and Demolition Service 5. The petitioner is inter alia engaged in the business of:- (i) Construction … (4) STR 527 (Tri. Del.) (ii) Commissioner of C. Ex. Ludhiana vs. Dr. Lal Path Lab (P) Ltd., 2007(8) STR 337 (P and H) (iii) Commissioner of Customs, Central Excise vs. Federal Bank Limited, 2013 (29) STR
Tag this Judgment! AI Brief & AskIndian Hotels and Restaurant Association Represented by Its Treasurer ...
Mumbai
Apr-08-2014
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 … meaning of the term œsale? as found in œAdvanced Law Lexicon, by P. Ramanatha Aiyar, 3rd Edition, Reprint 2007? , is as under:- œA sale, in its broadest sense, may be defined as the transfer of the … 1926 and claims that it has 2000 Hotels in Greater Mumbai and 500 Associate members outside Greater Mumbai and within the State of Maharashtra. They
Tag this Judgment! AI Brief & AskUnion of India & Others versus Future Gaming Solutions Pvt. Ltd. & ...
Supreme Court of India
Feb-11-2025
Land Acquisition
[2025]2S.C.R.756; (2025) 5 SCC 906
regulated under Entry 34-List II, with Entry 62-List II being the taxation entry - Constitution of India - Finance Act, 2007 - Finance Act, 2010 - Finance Act, 2012 - Finance Act, 2015 - Finance Act, 2016 - Service … stated chronologically. History of this controversy: 3. The Parliament introduced service tax through the Finance Act, 1994 under Chapter V, which took effect on 01.07.1994. Later, through the Finance Act, 2003, the Finance Act,1994 was amended to … State of Karnataka [1994] Supp. 4 SCR 477 : (1995) 1 SCC 574; Sunrise Associates v. Government of NCT of Delhi [2006] Supp. 1 SCR
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Commissioner of Salem Municipal Corporation Vs. Commissioner of Centra ...
Chennai
Mar-05-2013
Service Tax
on renting of immovable property service with effect from 01.6.2007 by the amendment of Finance Act, 1994 by Finance Act, 2007. Further by the amendment in the year 2010, certain other immovable properties were also included for payment of … respondent has filed counter-affidavit stating that the petitioner is a statutory body and a Government entity. As per Chapter V of the Finance Act, 1994 r/w Rule 4, 6 and 7 of Service Tax Rules, 1994, the … detailed below:08. 02.2012 : Rs.10,31,796.00 11.09.2012 : Rs. 9,80,442.00 31.10.2012 : Rs. 5,82,823.00 05.11.2012 : Rs.22,39,370.00 3. According to the petitioner, the respondent has wrongly
Tag this Judgment! AI Brief & AskM/S. Suzlon Infrastructure Vs. Commissioner of Central Excise, Pune.ii ...
Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Feb-14-2012
Service Tax
penalty on it under Sec.76 for contravention of provisions of Section 68 and penalty under Section 78 of Chapter V of the Finance Act, 1994 for evasion of service tax by wilful suppression of facts. The notice … of service tax under the category of ‘Erection, Commissioning or Installation service’ as defined in Sec,65(39a) of the Finance Act, 1994, the officers of Directorate General of Central Excise Intelligence (DGCEI), New Delhi conducted investigation into the matter. … of the case, the extended period of limitation could not be invoked. 5. Supporting the contention of the Commissioner, the Ld.Consultant for the Revenue, submitted
Tag this Judgment! AI Brief & AskStar Television News Limited Vs. Union of India (Uoi) Through the Secr ...
Mumbai
Aug-07-2009
Direct Taxation
Income Tax Act, 1961 - Sections 245A, 245(2A), 245C, 245C(1), 245C(3), 245D, 245D(1), 245D(1A), 245D(2A), 245D(2B), 245D(2C), 245D(2D), 245D(4), 245D(4A), 245D(4A)(1), 45D(4A)(2A), 45D(4A)(2D), 245D(4A)(4), 245H, 245H(1), 245HA, 245HA(3), 245(I), 245(4), 246C, 245HA(1), 245HA(2), 245HA(3) and 254(2A); Finance Act, 2007; Finance Act, 2008 - Sections 273AA, 273AA(1), 273AA(3), 278AB, 278AB(1) and 278AB(3); Taxation Law (Amendment) Act, 1975; Wealth-tax Act; Right to Information Act (RTI); Central Excise Act - Sections 35C(2A); Income Tax Rules - Rule 3; Constitution of India - Articles 14 and 16; Indian Penal Code
2009(111)BomLR3617; (2009)225CTR(Bom)140; [2009]317ITR66(Bom); [2009]184TAXMAN400(Bom)
legality of the provisions of Section 245HA(1)(iv) and Section 245HA(3) of the Income Tax Act as inserted by Finance Act, 2007 (hereinafter referred to as F.A. 2007) with effect from 1st June, 2007 as being ultra vires and violative … from 1st June, 2007 as being ultra vires and violative of Article 14 of the Constitution of India.2. Chapter XIX-A was inserted in the Act by Taxation Law Amendment Act, 1975 with effect from 1st April, 1976. … company. They filed an application before the Income Tax Settlement Commission on 5th March, 2007 under Section 246-C of the Income Tax Act, 1961 (hereinafter
Tag this Judgment! AI Brief & AskCommissioner of Income Tax Central Vs. Anil Hastkala (P) Ltd. and anr.
Rajasthan
Aug-13-2009
Direct Taxation
(2009)226CTR(Raj)417; [2010]186TAXMAN365(Raj)
tried to convince that once orders of settlement commission are not legally sustainable as per amendment made under Finance Act, 2007 being enforced w.e.f. 01/06/07, proceedings stand abated in terms of Section 245-HA as a consequence whereof, matter is … is pertinent to extract relevant paras only to show that in para 5 of order impugned, settlement commission recorded at its own that it would … to examine afresh in accordance with law or to the assessing authority in view of proceedings initiated under Chapter-XIX-A on being held to be abated in terms of Section 245HA of the Act ?2. Except on few
Tag this Judgment! AI Brief & AskM/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise
Mumbai
Aug-26-2014
Service Tax
Secondary and Higher Education Cess on excisable goods leviable under section 136 read with section 138 of the Finance Act, 2007 (22 of 2007);(vii)(vii) the additional duty leviable under section 3 of Customs Tariff Act, equivalent to the duty … nor the use of said goods in providing output service. Subsequently, information about use of the goods and Chapter heading under the Central Excise tariff was called for from the appellant. The same was, thereafter, furnished by … payment of service tax in terms of Rule 75 of the Act. 5. The appellant by its reply to the show cause notice dated 15.9.2006
Tag this Judgment! AI Brief & AskYfc Projects P.Ltd. Vs. Uoi
Delhi
Jan-09-2014
Service Tax
declaring that „works contract‟ of the petitioner were not subject to tax prior to the enactment of the Finance Act, 2007 as levied on „works contract services‟ under Section 65(105)(zzzza) of Chapter V of the Finance Act, 1994; B) … declaring that the production and supply of ready-mix Concrete (RMC), which is covered under the Tariff Item No.3824 50 10 by specifying Nil rate of duty of excise under the Central Excise Tariff Act, 1985 read with
Tag this Judgment! AI Brief & AskVistar Constructions (P) Ltd Vs. Uoi
Delhi
Jan-09-2014
Service Tax
declaring that „works contract‟ of the petitioner were not subject to tax prior to the enactment of the Finance Act, 2007 as levied on „works contract services‟ under Section 65(105)(zzzza) of Chapter V of the Finance Act, 1994; B) … declaring that the production and supply of ready-mix Concrete (RMC), which is covered under the Tariff Item No.3824 50 10 by specifying Nil rate of duty of excise under the Central Excise Tariff Act, 1985 read with
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