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P.C. Joshi, Indian Citizen, A practicing Advocate and Others Vs. Union ...
Mumbai
Dec-15-2014
Service Tax
1994, provisions relating to levy of penalty under section 77 of the Finance Act, 1994 and prosecution under section 89 of the Finance Act, 1994 to the extent they are made applicable to Advocates for non issue of … practicing advocate prays for the following reliefs:- â(a) Declare the impugned provisions in section 65(105) (zzzzm) of the Finance Act, 1994 as inserted by the Finance Act, 2011 as null and void and ultra vires the Constitution of … Court in All India Federation of Tax Practitioners V/s. Union of India 2007 (7) SCC 527 has held that Service Tax is a value added
Tag this Judgment! AI Brief & AskJacobus Johannes Liebenberg No. and Others Vs. Bergrivier Municipality
South Africa Supreme Court of Appeal
Oct-01-2012
Land Acquisition
Act 32 of 2000 (the Systems Act), the Local Government: Municipal Finance Management Act 56 of 2003 (the Finance Act) (which came into operation on 1 July 2004) and lastly the Local Government: Municipal Property Rates Act 6 … . Transitional arrangement: Use of existing valuation rolls and supplementary valuation rolls 89 (1) Until it prepares a valuation roll in terms of this Act, … farm owners; but that the Municipality had not complied with statutory requirements in imposing rates in the 2006/2007, 2007/2008 and 2008/2009 years and could thus not recover them. The high court granted leave to the farm owners … transitional rural local structures, and part VA dealt with rural local government. Section 9D provided for a framework for rural local government based on the
Tag this Judgment! AI Brief & AskTest Claimants in the Franked Investment Income Group Litigation Vs. C ...
UK Supreme Court
May-23-2012
Land Acquisition
rely on section 320 of the Finance Act 2004 ("Section 320 FA 2004") or section 107 of the Finance Act 2007 ("Section 107 FA 2007") to exclude DMG mistake claims, as these provisions purported to curtail the extended limitation period … of a direct claim against the tax authorities. Reemtsma was referred to as an authority for this proposition. 89. Lord Sumption regards this principle as limited to harmonised EU taxes, and I am inclined to agree with
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Ebiz.Com Pvt. Ltd. Vs. Union of India and Others
Delhi
Sep-01-2016
Service Tax
on 19th and 21st January 2016 by the DGCEI are illegal and ultra vires the provisions of the Finance Act, 1994 ( FA ). Respondent No. 3 was impleaded pursuant to the order dated 28th January, 2016 passed … by the ST Department. 3. It is stated that on 12th January 2007, the ST Department conducted a search in the premises of eBIZ as … of the FA and sent to judicial custody. It was alleged that eBIZ had committed an offence under Section 89 (1) (ii) of the FA. The bail application of Mr. Malhan dated 21st January 2016 was rejected by
Tag this Judgment! AI Brief & AskM/s. D.P. Jain and Company Infrastructure Pvt. Ltd. Vs. Union of India ...
Mumbai
Jul-18-2016
Service Tax
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 … not think that the tribunal was in error in upholding the demand. 89. Even on the point of limitation and no penalties are imposable, we … (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 & AskGrays Timber Products Ltd Vs. Revenue and Customs (Scotland)
UK Supreme Court
Feb-03-2010
Land Acquisition
of Chapter 3D of the Income Tax (Earnings and Pensions) Act 2003 ("ITEPA 2003") as inserted by the Finance Act 2003, Schedule 22. Chapter 3D consists of only three sections which are, by comparison with other chapters in … 2005 was dismissed by a single Special Commissioner (Mr Demack) by a written decision released on 21 March 2007. Timber Products' appeal to an Extra Division of the Inner House of the Court of Session (Lord Kingarth … the Finance Act 2003, Schedule 22. Chapter 3D consists of only three sections which are, by comparison with other chapters in Part 7 of ITEPA
Tag this Judgment! AI Brief & Askintercontinental Consultants and Technorats Pvt. L Vs. U.O.i. and anr.
Delhi
Nov-30-2012
Service Tax
said rule is ultra vires of the provisions of Section 66 and 67 of Chapter V of the Finance Act, 1994.2. The petitioner is a company providing consulting engineering services. It specialises in highways, structures, airports, urban and
Tag this Judgment! AI Brief & AskHdfc Bank Ltd. Vs. Satpal Singh Bakshi
Delhi
Sep-13-2012
Arbitration
shall be in addition to, and not in derogation of the Industrial Finance Corporation Act, 1948, the State Financial Corporation Act, 1951, the Unit Trust … personnel are now dealt with by special tribunals called Armed Forces Tribunal constituted under the Armed Forces Tribunal Act, 2007. With the creation of all these special tribunals, the matters which were up to now dealt with by … own forum in the form of arbitration. This was first recognized by enacting Arbitration Act, 1891. Introduction of Section 89 in the Code of Civil Procedure by amendment to the said Code in the year 2002 takes this
Tag this Judgment! AI Brief & AskUnion Of India Vs. Vkc Footsteps India Pvt. Ltd.
Supreme Court of India
Sep-13-2021
Land Acquisition
three judge Bench, dealt with the validity of the provisions of Sections 65(12) and 65(105) (zm) of the Finance Act 1994, in so far as the said provisions sought to levy service tax on leasing and hire purchase. … addressed by the constitutional amendment and by the legislation which has been enacted in pursuance of it; 15 2007 (7) SCC52723 PART D (iii) The purpose of the One Hundred and First Constitutional Amendment was: (a) to … Distinction between goods and services ................................ 11 D.1.2 Part II- Interpretation of Section 54(3) ............................................... 12 D.1.3. Part III- Legal Propositions ................................................................ 18 D.2 Assessees … 94 F.5 Constitutional validity: The ultra vires doctrine ...................................... 104 G Rule 89(5).................................................................................................... 113 G.1 The validity of Rule 89(5) of CGST Rules in exercise
Tag this Judgment! AI Brief & AskMs. the Windsor Castle, Kodimatha, Kottayam, Represented by M.O. Asram ...
Kerala
May-21-2012
Service Tax
and the scope of the statute was clarified by introducing a ‘proviso’ to Section 4(2) as per the Finance Act, 2007 w.e.f. 01.04.2007, making it clear that no luxury tax shall be payable for such charges received in respect … Court in Godfrey Philips India Limited and another vs. State of Uttar Pradesh and others {(2005) 13 KTC 89 (SC)] by virtue of which, the view expressed by the Apex Court earlier in Express Hotels Pvt. Ltd.
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