Judgment Search Results Home > Cases Phrase: finance act 1968 section 28 amendment of section 280zb Page 10 of about 19,714 results (0.435 seconds)

The Additional Commissioner, Central Excise, Madurai Vs. M/s. Strategi ...

Court : Chennai Madurai

..... by a commissioning and installation agency in relation to erection, commissioning or installation fo plant, machinery or equipment." 12. by section 88 of the finance act, 2005, section 65(39a) was amended. the amended section 65(39a) reads as follows: "(39a) 'erection, commissioning or installation' means any service provided by a commissioning and ..... insulation, (v) lift and escalator, and (vi) such other similar services. 15. therefore, it is clear that before the amendment to section 65(39a) under finance act, 2005, installation of plumbing, drain laying or other installations for transport of fluids was not included within the definition of "erection, commissioning or ..... taxes on untapped service sector. 10. therefore, the services of "commissioning or installation" were brought under the service tax net in the finance act, 2003. section 65(28) defined "commissioning or installation" to mean" any service provided by a commissioning and installation agency in relation to commissioning or .....

Cce Vs. Super Sales Agencies Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (2005)(119)LC192Tri(Chennai)

..... be valid and always to have been valid for all purposes, as validly and effectively taken or done" vide section 117 of the finance act, 2000. later on, the finance act, 2003, make certain amendments to the service tax provisions of the finance act, 1994, whereby the aforesaid assessees were required to present tax returns to the proper officer within six months ..... 12.5.2000 in show-cause notices dated 13.5.2002 and 14.2.2003. such demands are not effected by the amendments made to section 65 by parliament under section 116 of the finance act, 2000 and consequently they are hit by the apex court's ruling in laghu udyog bharati (supra). furthermore, undisputedly, the demands raised by ..... , rules had been framed by central government to recover service tax from the recipients of service. but these rules were held to be ultra vires sections 65 and 66 of the finance act, 1994 by the hon'ble supreme court in the case of laghu udyog bharati (supra). in order to get over the supreme court's ruling .....

Commissioner of Income-tax Vs. Industrial Promotion and Investment Cor ...

Court : Orissa

Reported in : (1992)103CTR(Ori)222; [1993]199ITR761(Orissa)

..... ; the finance (no. 2) act, 1971, with effect from april 1, 1972 ..... section 3 of the companies act, 1956 (1 of 1956). ' 4. clause (viii) as was originally enacted corresponds to section 10(2)(xiva) of the 1922 act. the old provision was re-enacted in identical terms in the 1961 act. but, subsequently, it has undergone several amendments by the finance act, 1966, with effect from april 1, 1966 ; the finance (no. 2) act, 1967, with effect from april 1, 1968 .....

Great Eastern Shipping Co. Ltd. Vs. Commissioner of Income-tax, Bombay ...

Court : Mumbai

Reported in : [1979]118ITR609(Bom); [1979]1TAXMAN393(Bom)

..... . 9 the relevant extracts from the finance act, 1957, finance act, 1958, and finance act, 1959, and has thereafter held that on a careful reading of the provisions of sub-clause (a) of clause (i) of the second proviso to ..... argument advanced on behalf of the assessee attractive at first glance, but in its view a careful scrutiny of the statutory provisions under consideration, viz., the respective finance acts, would suggest that the contention of the assessee was unsound and was required to be rejected. in its appellate order, the tribunal has set out in para ..... tribunal by the assessee's counsel that when the assessee had no assessable income for the assessment year 1957-58, the question of the application of the finance act did not arise and consequently other provisions in the relevant schedule would not apply. it was further submitted by learned counsel for the assessee that each .....

Collector of Central Excise Vs. Mihir Textiles Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (1990)(30)LC491Tri(Mum.)bai

..... on a misconception of law. we have also held that the same statutory power is competent to decide on the show cause notice both under sec 51 of the finance act and under sec 11a of the cesa that the same power, by the mistaken impression cited a wrong provision (though not totally irrelevant or out of context), ..... (appeals) directs the assistant collector to examine whether 9 show cause notices, which are alleged to have been issued under sec. 51(2)(d) of the finance act, 1982, were so issued under the aforesaid section of the finance act and if so, they are not valid notices and the demands covered by these notices are not enforceable. he also ..... clearly indicates the legal position which the assistant collector is supposed to be aware of. notwithstanding this, if he has issued these show cause notices invoking sec 51 of the finance act, his action is to be construed as deliberate and on proper application of mind. the learned senior counsel also contended that irrespective of the motive, .....

income-tax Officer Vs. R. Sivaraman

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1989)31ITD338(Mad.)

..... in the reference before the delhi high court in that case was whether the assessee was an 'industrial company' within the meaning of section 2(6)(c) of the finance (no.2) act, 1971 and the finance act, 1972. however, in the case before us firstly we need not consider whether the assessee is an industrial company or not within ..... rate of tax of 55 per cent instead of 65 per cent on the ground that it was an industrial company as defined in section 2(6) (c) of the finance (no.2) act, 1971 and the finance act, 1972. held that the assessee was not an 'industrial company' and was not entitled to be taxed at the concessional rate. ..... building it should be considered as an 'industrial company' within the meaning of finance act, 1983. even assuming that the word 'industrial undertaking' which we come across in section 32a(2), is to be understood in the same manner in which an industrial company under the finance act, 1983 should be understood, the assessee fulfils the requirements of such 'industrial .....

Commissioner of Income Tax Vs. Heartland Delhi Transcription Services ...

Court : Delhi

..... april, 2003, the aforesaid prohibition or bar was no longer applicable and ceased to operate. when we examine sub-section (9a), which was inserted by the finance act, 2002 and omitted after one year by the finance act, 2003 with effect from 1st april, 2004, it would indicate that the legislature had noticed the ill effect of ..... clarified that cases of change in shareholding pattern in the case of public limited companies will also not affect the deduction. 19.9 the finance act, 2002 has introduced sub-section (9a) to provide that in case of genuine reorganization of business whereby a proprietary concern or a partnership is succeeded by a company, the ..... undertaking. 25. however, as noted above, in the very next year substantial changes were made by finance act 2003, sub-sections (9) and 9a of section 10b were both deleted. similar changes were also made in section 10a of the act. noticing the different views and interpretations being taken, cbdt has issued circular no.01/2013 dated 17th .....

Jindal Strips Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1993)47ITD349(Delhi)

..... will have to be excluded from the amount of income-tax payable by the company in respect of its total income). the annual finance act concerned here is the finance act, 1984. this finance act did not levy any tax on the distribution of dividends. therefore, the question of any income-tax payable on the distribution of dividends ..... by it. the explanation says that the expression "the relevant amount of distributions of dividends" means the meaning assigned to it in the finance act of the relevant year. now in the finance act of 1984, the expression 'relevant amount of distributions of dividends' has not come up for any particular consideration. that apart what is ..... vii) of rule 1 included in the total income; (b) the amount of income-tax, if any, payable by the company under the provisions of the annual finance act, with reference to the relevant amount of distributions of dividends by it. explanation: in this sub-clause, the expression 'the relevant amount of distributions of dividends' has .....

T. I. and M. Ltd. Vs. Assistant Commissioner of Wealth

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (2000)73ITD180(Chennai)

..... october, 1989. the grievance of the appellant-company is with reference to the provisions of s. 40 of the finance act, 1983 (hereinafter referred to as the act). the plea as raised in this appeal is that the said section that was amended by the finance act, 1988 had extended the exemption to the buildings that are owned by the company and used by it for ..... consequences and to make the provisions workable, a proviso which supplies an obvious omission in the section and is required to be read into the section to give the section a reasonable interpretation, requires to be treated as retrospective in operation'. the lawmaker in their amendment made by finance act, 1988 has stated that 'the unintended hardship was noted with reference to the assets that .....

Chennai Telephones (Bsnl) Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (2004)(93)ECC88

..... service tax on leased circuits is not imposable and collectable. he, further, submitted that each of the heads in the finance act has been specified for levy of service tax. under the relevant section of finance act, 1994 service tax was leviable only on telephone services and not to leased circuits.he submitted that charge collected on ..... is provision of telephone circuit / net/pw/pnx/pabx/ etc. to the customers on collection of annual fees.the commissioner has noted that under section 67 (b) of the finance act, 1994 as amended, the value of taxable services in relation to telephone connection provided to the subscribers shall be the gross total amount (including ..... facts of the case are that m/s. chennai telephones (now bsnl) are the service providers of telephones and registered with the department under section 69 of the finance act, 1994. they also render the service of provision of circuits to the subscribers on payment of annual fees. they also collect surcharge from the customers .....