Judgment Search Results Home > Cases Phrase: finance act 1968 section 38 amendment of act 1 of 1944 Court: uttaranchal Page 1 of about 10 results (0.172 seconds)

Tata Sky Limited Vs. the State of Uttarakhand and ors.

Court : Uttaranchal

..... cost accountants and architects was questioned by the appellants. the aforesaid tax was levied through the finance act, 1998, whereby sections 65, 66 and 68 of the finance act, 1994 were sought to be substituted, and section 67 of the finance act, 1994 was sought to be amended. by the aforesaid substitution/amendment, 'service' tax was ..... fact, that broadcasting was subjected to tax liability as a 'service' for the first time under the finance act, 2001. chapter v. of the finance act, 2001 bears the heading 'service tax'. section 65(13) of the finance act, 2001 defines the term 'broadcasting' as under:65. definitions.- in this chapter unless the context otherwise ..... public either directly or indirectly through the medium of relay stations and all its grammatical variations and cognate expressions shall be construed accordingly.section 65(63) of the finance act, 2001 defines 'service tax' as under:65. definitions.- in this chapter unless the context otherwise requires,-(63) 'service tax' .....

The Commissioner of Central Excise Vs. Maha Laxmi Sugar Mills Company ...

Court : Uttaranchal

Reported in : (2008)219CTR(Uttranchal)393

..... by the commissioner, in revision. on the facts and circumstances of the case, we hold that though penalty can be imposed under section 77 of the finance act, 1994, for violation of section 70 of said act, even for the period prior to 31.03.2000, but in the present case the same was not justified, for reasons discussed above ..... this appeal by the revenue.5. before further discussion, we think it just and proper to mention here relevant provision of law, applicable to this case. section 70 of the finance act, 1994, reads as under:70. person responsible for collecting service tax to furnish prescribed return.-(1) every person responsible for collecting the service tax shall furnish ..... excise, who set aside the order passed by the deputy commissioner and imposed penalty of rs. 1,34,500/- on the assessee for violating the provisions of section 70 of the finance act, 1994. aggrieved by said order dated 27.01.2004, passed by commissioner, central excise, appeal no. st/69/04-nb(s) was preferred by .....

Commissioner of Income-tax and anr. Vs. Reading and Bates Exploration ...

Court : Uttaranchal

Reported in : (2005)198CTR(Uttranchal)670; [2005]278ITR47(Uttaranchal)

..... on the facts and circumstances of the case, the learned income-tax appellate tribunal was legally justified in directing the assessing officer to charge interest under section 234b which also stands amended by the finance act, 2001, with retrospective effect from april 1, 1989 ?'4. heard learned counsel for the parties and perused the record.5. as this court has ..... was for his services in india. in this connection it may be noted that the explanation to section 9(1)(ii) introduced by the finance act of 1983 refers to what constitutes 'income earned in india'. this explanation was introduced by the finance act of 1983 with effect from april 1, 1979, to get over the judgment of the gujarat ..... high court in cit v. s. g. pgnatale manu/gj/0015/1980 : [1980]124itr391(guj) in which it was held that in order to attract section 9(1)(ii) of the act, liability to pay must arise .....

Vishvakarma Paper and Boards Ltd. Vs. the Commissioner of Central Exci ...

Court : Uttaranchal

..... the notification dated 2nd of april, 1994, issued by the government of bihar in exercise of power conferred by clause (b) of sub-section (3) of section 7 of the bihar finance act, 1981, the high court further came to the conclusion that the notification so far as it imposes a condition that the facility of sales tax ..... which are being extracted hereunder:7. coming to the second question, namely the issuance of notification by the state government in exercise of power under section 7 of the bihar finance act, it is true that issuance of such notifications entitles the industrial units to avail of the incentives and benefits declared by the state government in ..... to as 'the industrial policy') and whether the notification issued by the government of bihar dated 2nd of april, 1994 in exercise of power under section 7 of the bihar finance act to the extent it indicates 'who has not availed of any facility or benefit under any industrial promotion policy' is invalid as being contrary to the .....

Commissioner of Income-tax and anr. Vs. Sedco Forex International Dril ...

Court : Uttaranchal

Reported in : (2004)186CTR(Uttranchal)144; [2003]264ITR320(Uttaranchal)

..... contracts regarding on period and off period salary were conflicting. ultimately, the legislature has stepped into clarify the position by the finance act of 1999. in this connection, it is important to note that section 234b imposes interest, which is compensatory in nature and not as a penalty (see union home products ltd, v. union ..... his services in india. in this connection it may be noted that the explanation to section 9(1)(ii) introduced by the finance act of 1983 refers to what constitutes 'income earned in india'. this explanation was introduced by the finance act of 1983, with effect from april 1, 1979, to get over the judgment of ..... assessee further argued that his interpretation finds support from the substituted explanation introduced by the finance act of 1999. it was further argued that the non-resident company (employer) is taxable on notional profits under section 44bb of the act and therefore there is no question of that company claiming deduction in respect of salary .....

Commissioner of Income Tax and anr. Vs. Desh Rakshak Aushdhalaya Ltd.

Court : Uttaranchal

Reported in : (2008)218CTR(Uttranchal)7; [2009]313ITR140(Uttaranchal); [2009]178TAXMAN453(NULL)

..... of addition made by the ao, and deleted the same. hence, this appeal by the revenue, on the ground that deletion of second proviso to section 43b of the it act, 1961 by finance act, 2003, is not retrospective in effect, and as such, the tribunal has allegedly erred in law in treating it deleted for the purposes of assessment, ..... taxable income of the employer/assessee, and has to be deducted. that might be the reason due to which the legislature omitted the aforementioned second proviso to section 43b through finance act, 2003, which came into force w.e.f. 1st april, 2003.7. now, the question before this court is whether, the deletion of second proviso, ..... the tribunal has erred in law in deleting the addition of rs. 2,98,924 on account of breach of section 43b of the it act, 1961, in spite of the fact that the amendment brought in said section vide finance act, 2003, had expressly no retrospective implementation5. before further discussion, we think it just and proper to mention here, the .....

Reading and Bates Drilling Co. (as Agent of Daniel Gates) Vs. Commissi ...

Court : Uttaranchal

Reported in : (2005)199CTR(Uttranchal)66; [2005]277ITR253(Uttaranchal)

..... he received was for his services in india. in this connection it may be noted that the explanation to section 9(1)(ii) introduced by the finance act of 1983 refers to what constitutes 'income earned in india'. this explanation was introduced by the finance act of 1983 with effect from april 1, 1979, to get over the judgment of the gujarat high court in ..... cit v. s.g. pgnatale manu/gj/0015/1980 : [1980]124itr391(guj) in which it was held that in order to attract section 9(1)(ii) of the act, liability to pay must arise in india .....

Commissioner of Income Tax Vs. Halliburton Offshore Services Inc.

Court : Uttaranchal

Reported in : (2004)192CTR(Uttranchal)507

..... payment which he received was for his services in india. in this connection it may be noted that the explanation to section 9(1)(ii) introduced by finance act, 1983 refers to what constitutes 'income earned in india'. this explanation was introduced by finance act, 1983, w.e.f. 1st april, 1979, to get over the judgment of the gujarat high court in ..... ii) of the act, liability to pay must arise in ..... cit v. s.g. pgnatale manu/gj/0015/1980 : [1980]124itr391(guj) in which it was held that in order to attract section 9(1)( .....

The Commissioner of Income-tax and Dy. Commissioner of Income-tax Vs. ...

Court : Uttaranchal

Reported in : (2008)216CTR(Uttranchal)86

..... of first schedule of finance act, 1994, is being reproduced below:in the case of a company, - rates of income-tax i. in the case of a domestic company, - (1) where the company is a ..... of surcharge), or not? for that purpose the clauses of dtaa are the final guidelines overriding even the provisions of income tax act, wherever they are inconsistent. 11. paragraph e of part i of first schedule of the finance act, 1994 provides the rate of income tax for the companies for the assessment year 1994-95. the relevant portion of paragraph e ..... paragraph or section 112 shall, in the case of every domestic company having a total income exceeding seventy five thousand rupees, be increased by a surcharge calculated at the rate of fifteen per cent of such income-tax.12. in view of the rate of tax mentioned above in paragraph e of part i of first schedule of the finance act, 1994, .....

National Federation of Insurance Field Workers of India and anr. Vs. U ...

Court : Uttaranchal

Reported in : (2004)187CTR(Uttranchal)180; [2004]265ITR84(Uttaranchal)

..... benefits like club membership and credit card facilities did not constitute any substantial benefit. to put an end to such conflict, parliament inserted clause (vi) in section 17(2) by the finance act no. 14 of 2001 with effect from april 1, 2002, by stating that even the value of any other fringe benefit as may be prescribed by ..... dated september 25, 2001, with effect from april 1, 2001. it was further argued that clause (vi) was inserted in section 17(2) by parliament by the finance act, 2001, with effect from april 1, 2002, and yet the impugned rules, 2001, have been brought into force with effect from april 1, 2001, and ..... 2001] 251 itr 81), but it has been brought into force with effect from april 1, 2001. in this connection, it was further submitted that section 17(2)(vi) was inserted by the finance act, 2001, with effect from april 1, 2002, and, consequently, it was not open to the central board of direct taxes to issue the impugned notification .....