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Feb 27 2013

The Director of Income Tax (international Taxation Vs. Goodyear Tire a ...

Court : Delhi

Decided on : Feb-27-2013

Subject : Education

income-tax in view of the specific provisions of section 10(38) read with Chapter VII of the Finance (No.2) Act, 2004 . We may point out that Chapter VII of the said Finance (No.2) Act, 2004 pertains to securities … order dated 02.05.2011 given by the Authority for Advance Rulings (A.A.R). The crux of the matter is that 74% shares of Goodyear India Limited were held by a USA company by the name of Goodyear Tire &

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May 17 2013

Commissioner of Income Tax - Ii Vs. M/S Multiplex Capital Ltd.

Court : Delhi

Decided on : May-17-2013

Subject : Direct Taxation

transaction tax shall have the same meanings respectively assigned to them under Chapter VII of the Finance (No.2) Act, 2004.'' 8. Minimum Alternate Tax (MAT) scheme was introduced by inserting section 115J in the Act by the Finance … at least 15 percent of its book profit. This measure will yield a revenue gain of approximately Rs 75 crores.'' The MAT scheme was improvised further and section 115JB was introduced in the Act by the Finance

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May 17 2013

Commissioner of Income Tax - Ii Vs. M/S Mbl and Co. Ltd

Court : Delhi

Decided on : May-17-2013

Subject : Direct Taxation

transaction tax shall have the same meanings respectively assigned to them under Chapter VII of the Finance (No.2) Act, 2004.'' 8. Minimum Alternate Tax (MAT) scheme was introduced by inserting section 115J in the Act by the Finance … at least 15 percent of its book profit. This measure will yield a revenue gain of approximately Rs 75 crores.'' The MAT scheme was improvised further and section 115JB was introduced in the Act by the Finance

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May 13 2016

Commissioner of Income Tax Vs. Herbalife International India Pvt. Ltd.

Court : Delhi

Decided on : May-13-2016

Subject : Direct Taxation

payment made to residents and non-residents have to be the same. (b) Prior to its amendment by the Finance (No. 2) Act, 2004 Section 40 (a) (i) of the Act provided for disallowance of payments made to non-residents where tax is … under this Act, which is payable outside India, on which tax has not been paid or deducted under Chapter XVII-B: Provided that where in respect of any such sum, tax has been paid or deducted under Chapter … background facts are that the Assessee, which is the Indian ITA No. 7/2007 subsidiary of Herbalife International Inc. ( HII ), USA, carries on business

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Jul 23 2010

The Timken Company 1835 Dueber Avenue Sw., Canton, Ohio – 44706 0 ...

Court : Authority for Advance Rulings

Decided on : Jul-23-2010

Subject : Direct Taxation

or unit is entered into on or after the date on which Chapter VII of the Finance (No.2) Act, 2004 comes into force; and (b) such transaction is chargeable to securities transaction tax under that Chapter : [Provided … domestic companies. Thus, Government has recognized that section 115JB is not applicable to foreign companies. CBDT Circular No. 794 dated 9th August 2000(supra) explaining the newly introduced provisions of section 115JB, reads as follows: “The new provisions

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Oct 07 2013

Cairn Uk Holdings Limited Vs. Director of Income-tax

Court : Delhi

Decided on : Oct-07-2013

Subject : Land Acquisition

respect of any sum paid on account of securities transaction tax under Chapter VII of the Finance (No.2) Act, 2004. Explanation.-For the purposes of this section,- (i) ―foreign currency‖ and ―Indian currency‖ shall have the meanings respectively assigned … is accordingly disposed of. There will be no order as to costs.-.sd(SANJIV KHANNA) JUDGE -sd(SANJEEV SACHDEVA) JUDGE October 7th, 2013 VKR/kkb

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Nov 10 2017

M/S. Srd Nutrients pvt.ltd. Vs. Commissioner of cent.excise, Guwahati

Court : Supreme Court of India

Decided on : Nov-10-2017

Subject : Land Acquisition

respect of specified goods, wholly or partly.7) As mentioned above, the Parliament levied Education Cess by Finance (No.2) Act, 2004. Chapter VI of the said Finance Act deals with Education Cess. Sections 91 to 93 thereof are relevant and

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Jan 09 2014

Yfc Projects P.Ltd. Vs. Uoi

Court : Delhi

Decided on : Jan-09-2014

Subject : Service Tax

dated 20.06.2003. To enlarge the scope of this taxable service, aforesaid provisions were amended by the Finance (No.2) Act, 2004, w.e.f. 10.09.2004, to include the erection services within its ambit, again by the Finance Act, 2005, w.e.f. 16.06.2005, … 65(39a), Section 65(105)(zzq) read with section 65 (25b), section 65(105)(zzzh) read with section 65(30a) and section 65(91a) of Chapter V of the Finance Act, 1994 as much as levying the service tax on the works contract and … as unconstitutional and also quashing of clarification given through Instruction No.C.No.IV/16/56/07/STC dated 7-11-2007 (at Annexure P-3) and under Reference Code No.097.03/04.01.08 of the Circular No.98/1/2008-ST,

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Jan 09 2014

Vistar Constructions (P) Ltd Vs. Uoi

Court : Delhi

Decided on : Jan-09-2014

Subject : Service Tax

dated 20.06.2003. To enlarge the scope of this taxable service, aforesaid provisions were amended by the Finance (No.2) Act, 2004, w.e.f. 10.09.2004, to include the erection services within its ambit, again by the Finance Act, 2005, w.e.f. 16.06.2005, … 65(39a), Section 65(105)(zzq) read with section 65 (25b), section 65(105)(zzzh) read with section 65(30a) and section 65(91a) of Chapter V of the Finance Act, 1994 as much as levying the service tax on the works contract and … as unconstitutional and also quashing of clarification given through Instruction No.C.No.IV/16/56/07/STC dated 7-11-2007 (at Annexure P-3) and under Reference Code No.097.03/04.01.08 of the Circular No.98/1/2008-ST,

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Jan 09 2014

Skyline Engineering Contracts (India)(P) Ltd Vs. Uoi and ors

Court : Delhi

Decided on : Jan-09-2014

Subject : Service Tax

dated 20.06.2003. To enlarge the scope of this taxable service, aforesaid provisions were amended by the Finance (No.2) Act, 2004, w.e.f. 10.09.2004, to include the erection services within its ambit, again by the Finance Act, 2005, w.e.f. 16.06.2005, … 65(39a), Section 65(105)(zzq) read with section 65 (25b), section 65(105)(zzzh) read with section 65(30a) and section 65(91a) of Chapter V of the Finance Act, 1994 as much as levying the service tax on the works contract and … as unconstitutional and also quashing of clarification given through Instruction No.C.No.IV/16/56/07/STC dated 7-11-2007 (at Annexure P-3) and under Reference Code No.097.03/04.01.08 of the Circular No.98/1/2008-ST,

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