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Ms. Shanti Logistics (P) Limited Vs. the Assistant Commissioner of Inc ...
Chennai
Apr-02-2012
Direct Taxation
Income Tax Act - Section 40(a)(ia), 200(1)
has been paid."12. Explaining the amendment under the Finance Act 2008, the Central Board of Direct Taxes issued the circular under CIRCULAR NO. 1/2009, dated … in not considering the issue raised by the Revenue in its grounds of appeal that the provisions of Finance Act, 2010 in Section 40(a)(ia) is retrospective or not?2. Whether the Tribunal is right in law in holding that … Income Tax Appellate Tribunal passed in ITA. 1636/ MDS/ 2010 and CO.NO.133/MDS/2010 "A" Bench, Chennai dated 10th February 2012. (Judgment of the Court was made by CHITRA VENKATARAMAN,J)1. Tax Case (Appeals) are at the instance of the assessee
Tag this Judgment! AI Brief & AskFederation of Hotels and Restaurants Association of India and Others V ...
Delhi
Aug-12-2016
Service Tax
challenged on the ground that they are beyond the legislative competence of Parliament. 13. Thereafter, Parliament enacted the Finance Act, 2012 amending the FA by inserting Sections 65B (22), 65 B (44), 66B and 66E. The relevant provisions of … 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 … According to Mr Venkataraman Rule 2C of the 2006 Rules which deemed 40% of the total value of the transaction to be attributable to the
Tag this Judgment! AI Brief & AskM/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise
Mumbai
Aug-26-2014
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 … Cotton Ginning Pressing and Oil Industries, Kolhapur Vs. The State of Maharashtra and Ors.” (Writ Petition no.33 of 2012), to contend that the provisions of the credit rules are required to be read harmoniously and such reading … G.S. Kulkarni, J. Both these appeals under Section 35 G of the Central Excise Act 1944 arise out of the common orders dated 6.1.2012 of … of the Additional Duties of Excise (Textile and Textile Articles) Act,1978 ( 40 of 1978);(iv)(iv) the additional duty of excise leviable under section 3 of
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Carlsberg India Private Limited and Others Vs. Union of India and Othe ...
Delhi
Aug-05-2016
Service Tax
the FA 1994 is charging section and reads as under: 66B. Charge of service tax on and after Finance Act, 2012 There shall be levied a tax (hereinafter referred to as the service tax) at the rate of twelve … Finance Act, 2009 ( FA, 2009 ) bywhich Section 65(19) of the FA 1994 stood amended. 2. The central thrust of the Petitioners' argument is that Parliament lacks the legislative competence to enact the said amendments since … defined under Section 65B (40) of the FA 1994 to mean asunder: 40. "process amounting to manufacture or production of goods means a process on
Tag this Judgment! AI Brief & AskEngineering Analysis Centre Of Excellence Private Limited Vs. The Comm ...
Supreme Court of India
Mar-02-2021
Direct Taxation
he submitted that the retrospective amendment to section 9(1)(vi) of the Income Tax Act brought in by the Finance Act 2012, which added explanation 4 to the provision and expanded its ambit with effect from 01.06.1976, could also not … royalty contained in explanation 2 to section 9(1)(vi). Further, he referred to Circular No.10/2002 dated 09.10.2002 by the Central Board of Direct Taxes [“CBDT”]. in which “remittance for royalties” and “remittance for supply of articles or…computer software” … 2% commission, would, however, after the disallowance of the deduction under section 40(a)(ia) of the Income Tax Act, end up paying tax of a huge
Tag this Judgment! AI Brief & AskM/S. Lakshminirman Bangalore pvt.ltd Vs. The Deputy Commissioner of In ...
Karnataka
Jun-12-2015
Education
227 OF CONSTITUTION OF INDIA PRAYING TO DECLARE THE NEWLY INSERTED SEC.234E OF THE IT ACT, BY THE FINANCE ACT, 2012 AS UNCONSTITUTIONALBEING ARBITRARY, DISCRIMINATORY & UNREASONABLE. THE RELEVANT EXTRACT OF SECTION234 IS ENCLOSED AS ANNEXURE-A. 6 W.P.NOs.6918-6938/2014: BETWEEN:1. … AT COURT BACK ROAD, UDUPI-576 101. SRI JAYARAJ SHETTY, AGED ABOUT45YEARS, 8. 40 S/O SRI VASU SHETTY, R/AT1658B, CHANDRAMAA, ANANATHNAGAR, FIRST STAGE, MANIPAL, UDUPI-576 101. … (BY SRI. S PARTHASARATHI, SRI. P. DINESH & SRI. JINITA CHATTERJEE ADVOCATES) AND:1. THE DEPUTY COMMISSIONER OF INCOME-TAX CENTRALIZED PROCESSING CELL-TDS, AAYKAR BHAWAN SECTOR-3, VAISHALI GHAZIABAD, UP- 201 010.2. UNION OF INDIA THROUGH THE SECRETARY DEPARTMENT OF … CONSTITUTION OF INDIA PRAYING TO QUASH AND TO HOLD THE PROVISIONS OF SECTION234 OF THE ACT AS ULTRA VIRES OF THE CONSTITUTION OF INDIA. W.P.NOs.3476-3479/2014
Tag this Judgment! AI Brief & AskM.Shobana Vs. Assistant Director at the Directorate of Enforcement
Chennai
Sep-25-2013
Education
represented by its Chief Manager, Chennai V. Government of India Ministry of Finance, Department of Revenue, Chennai, 2012 (4) CTC225 in paragraph 43, it is … the cases within the local limits of the jurisdiction of the High Court. 48.The Prevention of Money-Laundering (Amendment) Act, 2012 has come into force with effect from 15.02.2013 as per the Central Government Notification in the Official Gazette. … of stating that under the earlier enactment, viz., FERA, 1973, the attempt to challenge the summons served under section 40 was repelled by this Court. In paragraph 11, it was stated as follows:- Para 11. .''.... ... Moreover,
Tag this Judgment! AI Brief & AskM/S Vodafone Mobile Services Ltd vs.asst. Commissioner of Income–tax ...
Delhi
Dec-14-2018
Direct Taxation
time limit, i.e. Section 153 (1).30. To understand the relevance of the insertion of Section 143(1D) by the Finance Act, 2012, with effect from 1st July, 2012, the relevant portion of the Finance Act, 2012 is extracted hereunder for … `l,355.51 crores, respectively. Subsequently, in view of the Advance Pricing Agreement dated 18.11.2016 entered by Vodafone with the Central Board of Direct Taxes (hereafter referred as 'CBDT') under section 92CC of the Act, it filed modified tax … refund for the aforementioned AYs is as under:-"W.P.(C) 2730/2018 Page 1 of 40 2. ASSESSMENT AMOUNT OF REFUND YEAR201415 2015-16 2016-17 2017-18 Total CLAIMED (in
Tag this Judgment! AI Brief & AskRadhika Agarwal versus Union of India and Others
Supreme Court of India
Feb-27-2025
Right to Information
[2025]2S.C.R.1331
Customs Act, 1962 and the Central Goods and Services Tax Act, 2017 (GST Act).Headnotes† Customs Act, 1962 - Finance Act, 2012 - Finance Act, 2013 - Finance Act, 2019 - ss.104(4), 104(6) - Central Goods and Services Tax Act, … 2013; Central Excise Act, 1944; Drugs and Cosmetics Act, 1940; Prevention of Money Laundering Act, 2002.List of Keywords Section 104(4), 104(6) of Customs Act, 1962; Finance Act, 2012; Finance Act, 2019; Finance Act, 2013; Section 132 of … Code of Criminal Procedure, 1973 - s.41 - Interpretation of Statutes. [Paras 40, 41, 43-46, 48] Words and Phrases - “guilty”; person guilty of an
Tag this Judgment! AI Brief & AskThe Commissioner of Income Tax-Ii vs.mitsubishi Corporation India Pvt. ...
Delhi
Nov-17-2017
Direct Taxation
(ib) to Section 40 (a) of the Act. Section 195 of the Act was also amended by the Finance Act, 2012, by adding Explanation 2 w.r.e.f. 1st April, 1962. The amended provisions as applicable to the AY in issue, … happens, the provisions of such an agreement, with respect to cases to which where they apply, would the Central Government ITA No.180/2014 Page 9 of 83 operate even if inconsistent with the provisions of the Income Tax
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