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G.V.Matheswaran Vs. the Union of India
Chennai
Jun-20-2014
Service Tax
by Secretary to Government Ministry of Finance New Delhi 2 The Commissioner Central Excise and Service Tax Gobichettipalayam 3 The Gobichettipalayam Municipality represented by its … of India, seeking a writ of declaration, declaring the provisions of Section 65(90a) and Section 65(105)(zzzz) of the Finance Act, 1994 as ultra vires and unconstitutional and unenforceable. For petitioner in W.P.No.16400/2013 Mr.K.Govi Ganesan For RR1& 2 in … the following judgments: i [2011].37 VST46(P & H).Shubh Timb Steels Limited v. Union of India and another; ii 2011 (22) STR257(Ori.).Utkal Builders Limited versus Union of India; iii 2012 (25) STR231(M.P.).Entertainment World Developers Limited versus Union of … has been entertained against the said decision and it was numbered as 3618 of 2012 and it is also pending on the file of the
Tag this Judgment! AI Brief & AskItc Ltd Vs. Cce, Kolkata Iv
Supreme Court of India
Sep-18-2019
Service Tax
the ‘assessment’ as prevailed under the 1962 Act and the amended definition under the Act, assessment w.e.f. 8.4.2011, Finance Act, 2011, Section 17 and Section 27 as amended by the Finance Act, 2011. It was urged by learned senior … SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 293294 OF2009ITC LIMITED … APPELLANT(S) VERSUS COMMISSIONER OF CENTRAL EXCISE, KOLKATA IV … RESPONDENT(S) WITH CIVIL APPEAL NO.2960 OF2010CIVIL APPEAL NO.5878 OF2011CIVIL APPEAL NO.310 OF2011CIVIL APPEAL NOS.44324434
Tag this Judgment! AI Brief & AskFederation of Hotels and Restaurants Association of India and Others V ...
Delhi
Aug-12-2016
Service Tax
(f) of Article 366 (29A). 21. Mr Venkataraman pointed out that the enactment by the Parliament by the Finance Act, 2011 by which two new transactions were brought within the net of service tax with effect from 1 st … consideration (not including a grant or subvention payment made by one government agency or department, whether of the central government or of any state government, to another) and includes- (i) to (vi).... (vii) supply, by way of … 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 … Constitution (Forty-Sixth Amendment) Act, 1982 which inserted clause 29A (f) in Article 366 defining tax on sale or purchase of goods to include 'a tax
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Mediaone Global Entertainment Ltd. Vs. Chief Commissioner of Central E ...
Chennai
Jun-26-2013
Land Acquisition
(a) of clause (1) of Section 13.4. In Section 65, Clause (104c) of the Finance Act by the Finance Act, 2011, for the words operational assistance for marketing, the words operational or administrative assistance in any manner were substituted … Road, T.Nagar, Chennai-600 017 rep. by its Managing Director, Surya Rajkumar. .. Petitioner vs. 1.The Chief Commissioner of Central Excise, Uthamar Gandhi Salai, Chennai-600 034. 2.The Under Secretary, (Tax Research Unit), Central Board of Excise and Customs,
Tag this Judgment! AI Brief & AskKerala Classified Hotels and Resorts Ass Vs. Union of India
Kerala
Jul-03-2013
Service Tax
65 of the Finance Act, 1994 and Section 66 of the Finance Act, 1994 as amended by the Finance Act 2011 relating to levy of service tax on taxable services referred there and for consequential reliefs. The relevant portion … senior counsel Sri. N.Venkataraman, learned senior counsel Dr.K.B.Mohamedkutty, Sri.Thomas Mathew Nellimoottil and Sri.John Varghese, learned Standing Counsel for Central Board of Excise. Having regard to the contentions urged by either side, the following questions arise for consideration: … W.P.C..Nos 14045 of 2011 & conn.cases. 5 purchase of goods" under Article 366 (29A) (f) of the Constitution of India. ii) Whether the service provided
Tag this Judgment! AI Brief & AskPunj Lloyd Ltd. Vs. Bharat Petroleum Corporation Ltd.
Mumbai
Aug-13-2015
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 … section 34 of the Arbitration and Conciliation Act, 1996, the petitioner has impugned the arbitral award 28th April, 2011 passed by the learned arbitrator rejecting part of the claims made by the petitioner towards reimbursement of the … petitioner for reimbursement of the service tax was on 14th June, 2007. 36. A perusal of the award indicates that the learned arbitrator has allowed
Tag this Judgment! AI Brief & AskLally Automobiles Pvt. Ltd. Vs.commissioner (Adjudication), Central Ex ...
Delhi
Jul-25-2018
Service Tax
for payment of Service Tax under the categories of "Authorized Service Station" and "Business Auxiliary Service" under the Finance Act, 1994. It availed Cenvat credit of duty paid on various inputs and tax paid on better services in … Whether the Explanation added to Rule 2(e) of the Cenvat Credit Rules, 2004 with effect from 1st April, 2011 is clarificatory in nature or only prospective?. (iii) Whether the Customs, Excise and Service Tax Appellate Tribunal has … Singh, Sh. Shantanu Singh and Sh. Atul Krishna, Advocates. versus COMMISSIONER (ADJUDICATION), CENTRAL EXCISE ..... Respondent Through: Sh. Sanjeev Narula, CGSC. CORAM: HON'BLE MR. JUSTICE … exempted services includes services on which no service tax is leviable under Section 66 of the Finance Act, 1944. Trading is a service liable to
Tag this Judgment! AI Brief & AskNational Co-Operative Development Corporation Vs. Commissioner of Inco ...
Supreme Court of India
Sep-11-2020
MRTP
make out a case of mistake at a subsequent date.40. We may also note another statutory development. The Finance Act of 2003 added a provision in Section 36 of the IT Act as sub-clause (1) (xii) in the … set out in Section 12 of the NCDC Act, by way of grants and loans received from the Central Government. The appellant-Corporation is required to maintain a fund called the National Cooperative Development Fund (for short ‘the
Tag this Judgment! AI Brief & AskDr. Animesh Baruah and Another Vs. Commissioner of Central Excise and ...
Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Jan-03-2014
Service Tax
Ld.adjudicating Commissioner imposed penalty of equal amount under Section 78 read with Section 76 and 77 of the Finance Act, 1994. Aggrieved by this order the Appellants have filed the Appeal to this Tribunal. 3. It is the … Court in its order dated 23.09.2011 in case of Home Solution Retail India Ltd. vs. Union of India: 2011 (24) S.T.R. 129 (Del.) upheld the retrospective amendment. Subsequently the matter was challenged before the Honble Supreme Court … filed against the Revision Order dated 01.04.2011 passed by the Commissioner of Central Excise and Service Tax, Dibrugarh. 2. The facts and circumstances of the … the renting of immovable property, then it would fall within Section 65(105)(zzz). 36. In view of the foregoing discussion, we hold that Section 65(105)(zzz) does
Tag this Judgment! AI Brief & AskEbiz.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 … ), directed againstUnion of India (Respondent No. 1), the Director General of Central Excise Intelligence ('DGCEI - Respondent No. 2) and the Commissioner Audit-II of … Singh. Affidavit of the counsel of the Petitioner 36. An affidavit dated 16th May 2016 has been … ST-3 returns from April 2009 to March 2012; copies of balance sheets from Assessment Year (AY) 2007-2008 to 2011-2012 and the trial balance for 2012-2013; a file containing miscellaneous papers and two brochures. Summons were issued on … late in the evening at 7:40 pm on 20th January 2016 under Section 91 of the FA and sent to judicial custody. It was alleged
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