Judgment Search Results Home > Cases Phrase: finance act 1968 section 28 amendment of section 280zb Court: mumbai Page 16 of about 1,446 results (0.117 seconds)

Allied Instruments Pvt. Ltd. Vs. Commissioner of Cus. and C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2002)LC634Tri(Mum.)bai

..... the submissions of the appellants that fresh assessment proceedings have been initiated against them. after the enactment of section 117 of the finance act, 2000 the commissioner of central excise, exercising his powers under section 84 of the finance act, 1994 has revived the show cause notice dated 18-2-1999 which was dropped by the dy. ..... for recovery of refunds already granted consequent thereto. accordingly there is no substance in the submissions of the learned advocate for the appellants that section 117 of the finance act, 2000, only seeks to deny refund of service tax to the users. as the show cause notice for collection of service tax and ..... central excise directed issue of notices for revision of the orders of the deputy commissioner, in view of the retrospective amendment of service tax rules by section 117 of the finance act, 2000, which states that notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, sub-clause (xii) .....

Michigan Engineers (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1986)19ITD45(Mum.)

..... articles or things, except certain articles or things of low priority specified in the list in the new eleventh schedule inserted in the income-tax act by section 28 of the finance act. the list of articles or things contained in the new eleventh schedule is given in annex. ii to this circular. the disqualification arising from ..... of small-scale industrial undertakings and not to restrict the concession to such undertakings. this contention of the learned counsel appears to be well founded. section 32a was inserted by the finance act, 1976, with effect from 1-4-1976 and has partially replaced development rebate in respect of ships, aircrafts or machinery and plants installed after ..... n.u.c. (p.) ltd. [1980] 126 itr 377. though that case dealt with the definition of industrial company for the purposes of section 2(7)(c) of the finance act, the reasoning given in that judgment would be relevant for deciding the issue whether the assessee-company in this case is engaged in the manufacture or .....

Stellar Travels Pvt. Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2002)(146)ELT388Tri(Mum.)bai

..... that it was possible to hear the appeal itself therefore after waiving the pre-deposit of penalty of rs. 92,400/- imposed for contravention of section 76 and section 77 of the finance act, 1994 for late payment of tax as well as for late filing of service tax returns, i proceed to hear the appeal itself with the ..... of both sides.2. the brief facts of the case are that the appellants are engaged in the business of "air travel agent". as per section 70(1) of chapter v of the finance act 1994, they were required to file their return in form st-3 for the quarter ending september, 1997, december, 1997, march, 1998, september, ..... since they failed to do so show cause notice was issued proposing penalty under section 77 of the finance act, 1994. the notice was adjudicated by the assistant commissioner who imposed a penalty of rs. 87,800/- under section 76, and rs. 4,600/- under section 77 of the finance act, 1994. the appellants appeal to the commissioner (appeals) failed; hence this appeal .....

Yashodhan Industrial Investment Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1993)46ITD80(Mum.)

..... itr 599, held that the ratio of both the decisions was the same and that was as a result of the insertion of explanation (c) in section 263 by the finance act of 1989, with retrospective effect from june 1, 1988, that the commissioner of income-tax can exercise revisional jurisdiction only in cases of partial merger, irrespective ..... high court decision in cit v. international computers indian manufacture ltd. [1991] 187 itr 580 to say that, even after the retrospective amendments effected in section 263 by the finance acts of 1988 and 1989, the full merger of the assessment order with the appellate order would be operative in accordance with the bombay high court decision in ..... erred in holding that the decision relied on by the assessee has no bearing after the amendment to section 263 by the finance act, 1988, and has erroneously relied on the finance bill, 1989, which has not been passed as an act." 7. thus, they deal with the aspect of merger of the assessment order dated february 9, 1987 .....

Ar. Ashish V. Patil Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2006)(112)ECC150

..... . as such, any pecuniary advantage gained by the appellant is neutralised by payment of interest. the appellant's case squarely falls under the provision of section 80 of the finance act, 1994. the appellant being a small tax payer, the revised penalty imposed by the commissioner is unduly harsh on him, accordingly, i set aside ..... setting aside the said enhancement.4. i find that the commissioner has totally overlooked the provision of section 80 of the finance act, 1994 which reads as under. notwithstanding anything contained in the provisions of section 76, section 77, section 78 or section 79, no penalty shall be imposable on the assessee for any failure referred to in the said ..... . 14,413/- paid on account of delayed payment. he has also imposed a penalty of rs. 4,000/- under section 76 and a penalty of rs. 1,000/- under section 77 of the finance act, 1994.the impugned order has been passed by the jurisdictional commissioner revising the order of the original authority and enhancing the .....

D.R. Gade Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... such, any pecuniary advantage gained by the appellant is neutralized by payment of interest. moreover, the appellant's case squarely falls under the provision of section 80 of the finance act, 1994. the appellant being a small tax payer, the revised penalty imposed by the commissioner is unduly harsh on him. accordingly, i set aside ..... aside the said enhancement.4. i find that the commissioner has totally overlooked the provision of section 80 of the finance act, 1994 which reads as under :- notwithstanding anything contained in the provisions of section 76, section 77, section 78 or section 79, no penalty shall be imposable on the assessee for any failure referred to in the said ..... rs. 16,603/- paid on account of delayed payment. he has also imposed a penalty of rs. 4,0007- under section 76 and a penalty of rs. 500/- under section 77 of the finance act, 1994.the impugned order has been passed by the jurisdictional commissioner revising the order of the original authority and enhancing the .....

Desk to Desk Courier and Cargo Ltd. Vs. Commr. of C. Ex. and Cus.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2007)7STR515

..... point involved in both of them is one in the same.3. the commissioner of central excise and customs, nashik under the provisions of sub-section (1) of section 84 of the finance act, 1994 had revised the order of the assistant commissioner in respect of penalty amount enhancing the same from rs. 5,000/- to rs. 2 ..... of central excise & customs, nashik in exercise of revisional power under section 84 of the finance act, 1994 enhanced the penalty amount as stated supra in the impugned order, which is assailed before the tribunal by the assessee.5. this tribunal had ..... 2,38,486/- and ordered to pay sum with appropriate rate of interest along with penalty of rs. 5,000/- under section 76 and further penalty of rs. 1000/- under section 77 of the finance act. accordingly, the appellants have paid all these amounts. after passing the order-in-original by the assistant commissioner, whereas the commissioner .....

Agarwal Trading Co. Vs. the Commissioner of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2007)9STJ99CESTAT(Mum.)bai

..... attention to the larger bench's decision of the tribunal in the case of eta engineering ltd., v. cce, chennai minimum penalty under section 16 of the finance act is rs. 100/- per day. inasmuch as section 80 of the finance act is not attracted in the present case, minimum penalty of rs. 100/- per day should have been imposed. he, however, seeks imposition ..... has been consistent delay in payment of the service tax and accordingly besides the amount of service tax, a penalty of rs. 5,000/- under section 76 and rs. 1,000/- under section 77 of the finance act, 1944 was imposed on the appellants by the assistant commissioner. this order was reviewed by the commissioner, who enhanced the penalty from rs. 5, ..... the said purpose, i set aside the impugned order and remand the matter to the original adjudicating authority for recalculation of penalty amount in terms of the section 76 of finance act, 1994 read with the larger bench's decision referred supra. the appeal is thus allowed by way of remand. .....

Jitendra Damodhar Patel Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2007)7STR183

..... tax cell), central excise & customs, nashik iv division while deciding the case vide order in original dated 19.10.04 imposed penalty of rs. 2,500/- under section 76 of finance act, 1994 on the assessee. the assessee failed to pay the service tax from april, 2000 to june 2003 on or before the stipulated period. therefore, show cause ..... notice was issued for contravention of provisions of section 68 & 70 of the finance act, 1994 for imposing penalty under section 76 & 77 ibid. on adjudication of the matter, the service tax amounting to rs. 23,120/- and interest amounting to rs. 8, ..... order has been reviewed by the commissioner and enhanced the penalty equal to the service tax i.e. rs. 23,120/-under section 76 of finance act 1994 and further penalty of rs. 46,240/- under section 78 ibid.hence this appeal.3. the contention of the assessee is that there exist no valid grounds for enhancement of penalty the .....

Shri Shailesh D. Shah, D.A. Shah Vs. Cc

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2007)7STR470

..... the short issue involved in this case is whether an appeal against the order passed by the deputy commissioner can be filed under the provisions of section 84 of the finance act, 1994 which gives powers to the commissioner to call for the record of a proceeding under this chapter which has been taken by the central excise ..... i have considered the submissions. i find that under section 84 of chapter v of finance act, there is no provision to review of the order passed by the commissioner and directing the deputy commissioner to file appeal before the commissioner (appeals) ..... as there is no provision for review of order by the commissioner and directing the deputy commissioner to file appeal before the commissioner (appeals) under section 84 of chapter v of finance act, 1994.4. the learned jdr, however, submits that the matter should be remanded back to the commissioner to pass the order in revision.5. .....