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Apr 13 2009

P.C. JaIn Vs. Union of India (Uoi) and anr.

Court : Delhi

Decided on : Apr-13-2009

Subject : Customs

Acts : Customs Act, 1962 - Sections 129(1) to 129(5), 129(6), 146A and 146A(2); Finance Act, 2007 - Sections 110; Advocates Act, 1961 - Sections 30; Indian Bar Councils Act, 1926 - Sections 9(4), 14 and 14(1); Central Excise Act, 1944 - Sections 2, 12, 35D, 35Q, 35Q(2) and 50; Finance Act, 1994 - Sections 65(5) and 83; Gold (Control) Act, 2003 - Sections 135; Customs and Excise Revenue Appellate Tribunal Act, 1986 - Sections 11; Administrative Tribunal Act, 1985 - Sections 11; Haryana Ceiling of Land Holdings Act, 1972 - Sections 20A; Karnataka Land Reforms Act, 1961 - Sections 48(8); Maharastra Restoration of Lands to Schedule Tribes Act, 1974 - Sections 3(1), 4 and 9A; Ancient Monuments and Archaeological Sites and Remains Act, 1958; Constitution of India - Articles 14, 19(1), 19(6), 21,

Reported in : 159(2009)DLT326

1962 (hereinafter referred to as the 'Custom Act'). The said provision was introduced by Section 110 of the Finance Act, 2007 w.e.f. 11.05.2007.1.1 The petitioners being aggrieved, have laid a challenge to the said provision, broadly on two grounds. … is, contained in Section 35Q(2)(c) of Central Excise Act, 1944 (in short the 'Excise Act') as also in Section 83 of the Finance Act, 1994, which by incorporation, refers to, amongst others, to Section 35Q of the Excise

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Mar 23 2009

Indian National Shipowners' Association, a Company having Its register ...

Court : Mumbai

Decided on : Mar-23-2009

Subject : Service Tax

Acts : Companies Act, 1956 - Sections 25; Central Excise Act, 1944 - Sections 378; Finance Act, 1994 - Sections 65, 65(105), 65A, 65A(2), 66, 68(1) and 83; Finance Act, 2007; Finance Act, 2008; Indian Income Tax Act, 1922 - Sections 2(9) and 3; Income Tax Act, 1961 - Sections 2(31); Customs Act, 1962 - Sections 129(3), 129C and 129D; Service Tax Rules, 1994; Constitution of India - Articles 246, 276 and 276(1)

Reported in : 2009(5)BomCR369; 2009(111)BomLR1529; (2009)224CTR(Bom)197; [2009]17STJ255; 2009[14]STR289; [2009]19STT408; (2009)22VST293(Bom)

from the service consumer.7. Entry (zzzy) was inserted into Section 65(105) of the Finance Act, 1994 by the Finance Act, 2007. The said entry reads as under:Any service provided or to be provided to any person by any other … the 2nd respondent is to issue clarifications under Section 378 of the Central Excise Act, 1944 read with Section 83 of the Finance Act, 1994. Respondent 3 is the Commissioner of Service Tax and Respondent 4 is the

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Jun 26 2013

Mediaone Global Entertainment Ltd. Vs. Chief Commissioner of Central E ...

Court : Chennai

Decided on : Jun-26-2013

Subject : Land Acquisition

of films as a Taxable service under the provisions of Section 65 of Chapter V & V(A) of Finance Act of 1994. W.P.No.1008 of 2012 is filed under Article 226 of Constitution of India praying to issue Writ … issued in excess of the powers conferred under section 37B of the Central Excise Act, 1944 read with Section 83 of the Act, ultra vires the provisions of the Act and unconstitutional as being violative of Articles 14,

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Jul 06 2011

Scottish Widows plc (Appellant) Vs. Commissioners for Her Majesty's Re ...

Court : UK Supreme Court

Decided on : Jul-06-2011

Subject : MRTP

Revell v Edinburgh Life Insurance Co (1906) 5 TC 221, 227. The Crown option was abolished by the Finance Act 2007 and replaced by mandatory provisions. With a mutual life office the Revenue never had a choice, since mutual … in line 15 of the Company's form 40 must be taken as falling within the scope of either section 83(2) or section 83(3) of the Finance Act 1989, as substituted by paragraph 16 of Schedule 8 to the

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Sep 15 2014

Court : Mumbai

Decided on : Sep-15-2014

Subject : Service Tax

referred to. This Appeal under Section 35G of the Central Excise Act, 1944 r/w Section 83 of the Finance Act, 1994 challenges the order passed by the Customs, Excise and Service Tax Appellate Tribunal (for short “CESTAT”) dated … Appeal No.57/2012 dated 23.04.2014, (8) The All India Federation of Tax Practitioners v/s Union of India reported in 2007(7) STR 625 (SC), (9) The Commissioner of Inland Revenue v/s Databank Systems Limited in Privy Council Appeal No.39/1989

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Oct 13 2015

Satya Developers Pvt Ltd. and Another Vs. Pearey Lal Bhawan Associatio ...

Court : Delhi

Decided on : Oct-13-2015

Subject : Service Tax

deemed to be immovable property for use in the course or furtherance of business or commerce; ? 18. Section 83 of the Finance Act, 2007 makes certain provisions of the Central Excise Act, 1944 as in force from … relation to the service tax net w.e.f June 01, 2007 vide notification No.23/2007-ST dated May 22, 2007 and Finance Act, 2007. 6. In the written statement filed HDFC Bank also claimed that in terms of Clause 4(v) of the

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Dec 08 2008

Union of India (Uoi) Vs. Amit Kumar Maheshwari

Court : Rajasthan

Decided on : Dec-08-2008

Subject : Service Tax

Reported in : 2009[13]STR119; (2009)22VST397(Raj)

on different types of business, did not get registration as required by the relevant chapter, introduced by the Finance Act, 1994, relating to imposition of Service Tax, hereafter referred to as the 'Service Tax Act', and notices were … upon is Tele Tech Communication v. Commissioner of C. Ex. dt. 4-6-2007 2007 (7) S.T.R. 695 (T), rendered by learned Single Member, Shri C.N.B. Nair, … term it as a taxing statute. Learned Counsel for the Revenue drew our attention to the provisions of Section 83 of the Service Tax Act, whereby provisions of Section 37B of the Central Excise Act, 1944 have been

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Oct 22 2009

Commr. of C. Ex. Vs. Steel Craft (India)

Court : Punjab and Haryana

Decided on : Oct-22-2009

Subject : Service Tax

Reported in : 2010[17]STR8

M.M. Kumar, J.1. The revenue has approached this Court by invoking Section 83 of the Finance Act, 1994 (for brevity, 'the Finance Act') read with Section 35-G of the Central Excise Act, 1944 (for brevity,

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Jul 09 2019

Delhi Development Authority vs.m/s S. Ghosh & Associates.

Court : Delhi

Decided on : Jul-09-2019

Subject : Land Acquisition

Ors v. Pearey Lal Bhawan Association and Ors 225(2015) DLT377has decided as under: “22. Section 83 of the Finance Act 2007 though a legislation by incorporation also takes care of non-applicability of future amendments as it provides for applicability

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Mar 12 2008

Total Network Sl (a Company Incorporated in Spain) (Original Responden ...

Court : House of Lords

Decided on : Mar-12-2008

Subject : Service Tax

this form of sales tax throughout all the member states of the EU: see Part I of the Finance Act 1972, which brought the then Directives into force in the UK following its accession to the EEC. It … the common law offence of cheating the public revenue. On 31 January 2007 the Court of Appeal allowed Total’s appeal against that order. The Commissioners … that a reference to a tribunal is a reference to a tribunal constituted in accordance with Schedule 12. Section 83 provides that an appeal shall lie to a tribunal with respect to the various matters listed in that

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