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Aug 26 2014

M/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise

Court : Mumbai

Decided on : Aug-26-2014

Subject : Service Tax

amount of Rs.2,04,39,093/- under provisions of Rule 14 of the Credit Rules read with Section 73 of the Finance Act,1994. In respect of towers and parts thereof, prefabricated building, printers and office chairs, the Commissioner observed that the … 2005 three further show cause cum demand notices were issued issued covering the period October 2005 to March 2008 dated 23.4.2007, 8.2.2008 and 23.10.2008 making an aggregate demand of Rs.15,40,63,898/- as also interest and equivalent penalty was

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Jan 13 2023

K.l. Swamy Vs. The Commissioner Of Income Tax

Court : Supreme Court of India

Decided on : Jan-13-2023

Subject : Direct Taxation

the words “that Assessing Officer shall proceed” the words “under Section 158BC” was inserted w.e.f. 01.06.2002 by the Finance Act, 2002. It was contended that the amendment was specifically brought to cure the anomaly and the fact that … in nature.38. There are various reasons for coming to this conclusion which we enumerate hereinbelow. Reasons in support 39. The first and foremost poser is as to whether it was possible to make the block assessment with

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Mar 06 2014

M/S.Sriram Rice Mills Pvt. Ltd., Stone H Vs. the Andhra Pradesh State ...

Court : Andhra Pradesh

Decided on : Mar-06-2014

Subject : Land Acquisition

Pvt. Ltd., Stone Housepet, Nellore, Nellore District, rep. by its Managing Director and another...Petitioners The Andhra Pradesh State Finance Corporation, Chirag Ali Lane, Hyderabad, rep. by its Managing Director and others... Respondents Counsel for the Petitioner: Sri … THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION Nos.17435 of 2008 06-03-2014 M/s.Sriram Rice Mills Pvt. Ltd., Stone Housepet, Nellore, Nellore District, rep. … notice was given to him by the Committee on its stand and the Government could not have invoked Section 39 of SFC Act. The directions are wholly without jurisdiction and by no stretch of imagination can be called

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May 06 2014

M/S. Kone Elevator India Pvt. Ltd. Vs. State of T.N. and ors.

Court : Supreme Court of India

Decided on : May-06-2014

Subject : Land Acquisition

of ‘Taxable Service’ under sub-clause (zzzza) to sub- section (105) of Section 65, which was inserted by the Finance Act, 2008 w.e.f. 16.05.2008. The said provision reads as under:“105 - Taxable Service means any service provided,- “(zzzza) to any … 75/2007, 519/2008, 531/2008, 548/2008, 569/2008, 186/2009, 23/2010, 62/2010, 232/2010, 279/2010, 377/2010, 112/2011, 137/2011, 181/2011, 207/2011, 278/2011, 243/2011, 372/2011, 398/2011, 381/2011, 468/2011, 547/2011, 107/2012, 125/2012, 196/2012, 263/2012, 404/2012, 567/2012, 145/2013, 241/2013, 454/2013, 404/2013, 723/2013, 440/2012, 441/2012, 156/2013, 533/2013,

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Jun 20 2014

G.V.Matheswaran Vs. the Union of India

Court : Chennai

Decided on : Jun-20-2014

Subject : Service Tax

and ultra vires the provisions of the Finance Act, 1994 as amended by the Finance Act, 2007 and Finance Act, 2008. 36 In view of paragraph no.30 above, upholding the validity of Section 65(105)(zzzz) and 65(90-a) of the Finance … 23355 & 23356/2008, 24234/2008, 25280-25286/2008, 27820-27823/2008, 27917 & 27918/2008, 28021 & 28022/2008, 29188/2008, 662/2009, 747 & 748/2009, 2766-2770/2009, 3995/2009, 6346/2009, 8562/2009, 8613/2009, 8827-8846/2009, 9251/2009, 10494/2009, 10997/2009, 11024-11027/2009, 12016/2009, 12268 & 12269/2009, 16251/2009, 17238/2009, 18287/2009, 18795/2009, 19995-20013/2009, 20524/2009,

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Aug 13 2015

Punj Lloyd Ltd. Vs. Bharat Petroleum Corporation Ltd.

Court : Mumbai

Decided on : Aug-13-2015

Subject : Land Acquisition

conduitâ? from such date as the Central Government may, by notification in the Official Gazette, appoint. The said Finance Act 2005 came into force on 13th May, 2005. 4. The respondent introduced the Commercial Addendum No.1 in the … of Clause 22 of the Special Conditions of Contract and other terms of the contract. On 1st April, 2008, the respondent denied admissibility of reimbursement of service tax and contended that the service tax was deemed to … with regard to submission of impact on quoted price/revised price, if any. 39. It is thus clear beyond reasonable doubt that the amendment in the … 1. By this petition filed under section 34 of the Arbitration and Conciliation Act, 1996, the petitioner has impugned

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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 … Ltd. v State of Maharashtra (2009) 39 MTJ 266; Appeal No. 25 of 2004; decided on 25th November 2008)and Diageo India Pvt. Ltd. v State of Maharashtra, (2009) 40 MTJ 285; Second Appeal Nos. 1432 to 1438 … 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)

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Sep 15 2014

Court : Mumbai

Decided on : Sep-15-2014

Subject : Service Tax

terms used in the Finance Act, 1994 are provided in Section 65. During the impugned period i.e. November 2008 to 27.2.2010, the Services provided by the Appellants fall under the taxable service of ‘Information Technology Software Service … 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 … not dealt with the same vitiates the order passed by the CESTAT. 39. In support of the above submissions Mr.Sridharan has placed reliance upon the

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Jul 24 2009

Ms. Madhushree Gupta Vs. Union of India (Uoi) and anr.

Court : Delhi

Decided on : Jul-24-2009

Subject : Direct TaxationConstitution

Acts : Income Tax Act, 1961 - Sections 30(2), 80HHC, 90, 139, 143(1), 143(2), 144, 147, 148, 158B, 162, 164(2), 234A, 240, 256(1), 256(2), 260A, 269SS, 270, 271, 271(1), 271(1B), 271(5), 271D, 273, 273(2), 273B, 274, 275, 276C; Finance Act, 2008; Direct Tax Laws (Amendment) Act, 1987; Direct Tax Laws (Amendment) Act, 1989; Income Tax Act, 1922 - Sections 22(1), 22(2), 23, 28, 28(1), 28(2), 28(6) and 34; Finance Act, 1964; Taxation Laws (Amendment in Misc. Provisions) Act, 1986; Wealth Tax Act; Haryana Civil Services (Executive Branch) and Allied Services and Other Services, Common/ Combined Examination Act, 2002; Bombay Sales Tax Act, 1959; Maharashtra Tax Laws (Levy, Amendment and Repeal) Act, 1989 - Sections 26; Army Act, 1950; Bombay Sales Tax Rules; Army Rules; Constitution of Ind

Reported in : (2009)225CTR(Del)1; [2009]317ITR107(Delhi); [2009]183TAXMAN100(Delhi)

vires the Constitution of India. The impugned provision which was brought on to the statute book by the Finance Act, 2008 with retrospective effect from (w.r.e.f.) 01.04.1989, has resulted in a grievance in so far as the petitioners/assessees are … AIR 1990 SC 1984 at 1994 (para 31) and at 1997 (para 39). The learned Counsel further submitted that while he does not question the … Rajiv Shakdher, J1. The captioned writ petitions lay challenge to the provisions of Section 271(1B) of the Income Tax Act, 1961 (hereinafter referred to as the =Act) on the ground that it

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Jul 08 2014

LandT Finance Limited Vs. M/s. Saumya Mining Ltd and Others

Court : Mumbai

Decided on : Jul-08-2014

Subject : Arbitration

Learned counsel made an attempt to distinguish the judgment of this court in case of L and T Finance Limited Versus Damodar Dandekar delivered on 18th December, 2013 in Arbitration Petition No.529 of 2013 on the ground … the case of Sarvoday Charitable Trust v. Gujarat University reported in MANU/GJ/0089/2008: 2008 (2) GLR 1760 would be relevant on the aspects of interpretation of … had inter alia observed as under: Therefore, if the interpretation of Mr. Shelat is accepted as that of Section 39 that it is only the University has the right to open a Post- Graduation Centre, then in that … has filed these four petitions under section 9 of Arbitration and Conciliation Act, 1996 for interim measures. The respondents have raised various issues which are

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