Judgment Search Results Home > Cases Phrase: finance act 1968 Court: kolkata appellate Year: 2007 Page 4 of about 41 results (0.080 seconds)

Commissioner of Central Excise Vs. B.K. Thakkar

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2008)13STJ238CESTAT(Kol.)kata

..... and their clients were to excavate the iron ore and transport it to the crusher plant for crushing. he also refers to the provisions of section 65a(2) of the finance act, 1994 and states that the said section forbids vivisection of a composite contract and envisages that a composite contract shall be classified under any one category on the basis of .....

Commissioner of Service Tax Vs. Amit Ganguly and Co.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2007)9STT88

..... supporting the order of adjudication, submitted that breach of law should meet with penalty. the ld.appellate authorities below without stating reason, reduced the penalty under section 76 of the finance act from rs. 2171/- to rs. 1146/-. so far penalty under section 77 is concerned, that was reduced to rs. 10,000/- to rs. 3,000/-. therefore, no interference was called ..... . 3,000/- was even hardship. when there was no compelling reason to levy penalty by the appellate authorities below, reduction is not considerable as mercy and an authority shall only act in accordance with law. there is no reason brought out in record even to impose a token penalty for the technical breach and there is no finding on intention of .....

R.B. Agarwalla and Co. Pvt. Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2007)8STR499

..... , his conclusion drawn in the order is not liable to be disturbed.4. this appeal is against the revision order passed under section 84 of the finance act, 1994 (here-in-after referred to as 'the act'). to protect the interest of revenue, any order passed, which is prejudicial to the interest of revenue, is liable to be revised under that section by .....

Ores India Pvt. Limited Vs. Commissioner of Central Excise,

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2008)9STR157

..... of section 77, penalty of rs. 500/- for contravention of section 75a, penalty of rs. 2,72,75,446/- for contravention of section 78 of finance act, 1994 and interest leviable under section 75 of the said act, has also filed the stay application for stay of realization of aforesaid demand during pendency of appeal before this forum.2. the ld. counsel appearing .....

Commissioner of Customs (Port) Vs. Goel Airshrienk (India) Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2007)(122)ECC248

..... the advocates and consultants present during the hearing today were also invited to give their views.3. section 35b(2) of the central excise act, 1944 prior to its amendment by section 79 of the finance act, 2005 at the relevant point of time read as follows: (2) the commissioner of central excise may, if he is of opinion ..... by respondent no. 1 was incompetent.10.6. the modern positive approach towards law is to make a purposeful construction to effectuate the object and purpose of the act. this we hold finding support from the hon'ble supreme court's judgment in the case of administrator, municipal corporation, bilaspur v. dullaraya dahankar 11. keeping in ..... (cited supra), filing of appeal by commissioner himself instead of authorising another official shall not be inaccordance with provision contained in section 35b(2) of the central excise act, 1944. he also states that the said order of the mumbai bench has subsequently been followed by the ahmedabad circuit bench in the case of c.c.ex .....

Pfh Mall and Retail Management Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2008)110ITD337(Kol.)

..... properties, i.e. shopping malls/business centres, by engaging in complex commercial activities. it cannot be denied that right from the planning stage and arranging finance for its investments, every subsequent activity of the assessee has been geared towards taking up mall and business centre management as a viable business proposition for ..... high court, in the case of bongaigaon refinery & petrochemicals ltd v.union of india he contended that the jurisdiction exercisable under section 263 of the act being supervisory in nature, permitting suo motu review of any assessment already made, the statutorily enjoined sanctions circumscribing it have to be rigorously construed. the ..... relevant judicial pronouncements, the court held that the rental income derived from the lease is assessable as business income under section 10 of the 1922 act. the learned counsel argued that the main consideration of the court in the said case was whether the lease rent received was from commercial utilisation .....

Pampasar Distillery Ltd. Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Kolkata

..... the revenue the common ground raised which reads as under : ld. commissioner (appeals), madras, erred by deleting the demand standing in the a name of m/s. parashakti finance & investment ltd. for the under noted reasons: deductor committed default during the respective financial years, i.e., 1994-95, 1995-96, 1996-97, 1997-98 and 1998- ..... hands of successor company that is amalgamated company which is shaw wallace distilleries ltd. as per provision of sub-section (2) of section 170 of the income tax act. now it is for the revenue to initiate appropriate proceedings against the right person i.e. shaw wallace distilleries ltd. in accordance with law. at present the ..... company is taken over as a going concern by the amalgamated company. thus, there is succession of business as provided in section 170 of the income tax act.he further contented that after the date of amalgamation the amalgamating company does not remain in existence and, therefore, cannot be found by the assessing officer. in .....

Vesuvius India Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2008)116TTJ(Kol.)393

..... (supra) at pp. 8 and 9 of the order has held as under: in the light of the decision of the bombay high court in the case of kotak mahindra finance ltd. (supra), and also the decision of the karnataka high court in the case of dr. section reddappa and ors. (supra), we agree with the reasoning given by the ..... the light of the discussion above, and respectfully following the amritsar bench decision of the tribunal, we accept the assessee's working of interest under section 234c of the act and direct the ao accordingly.6.3 considering the totality of the facts of the case and relying on the decisions of amritsar bench and mumbai benches of the tribunal ..... period of three months. 2. that on the facts and in the circumstances of the case, the learned cit(a) failed to appreciate the fact that section 234c of the it act contemplates chargeability of interest for the period of default subject to maximum of three months and not otherwise. 3. that the appellant craves leave to add, amend, modify, rescind .....

Hutchison Telecom East Ltd. Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Kolkata

..... of the word 'work' for the purpose of section 194c as in the case of s.r.f. finance ltd. v. cbdt . the hon'ble court has held that there are qualitative differences between the word 'work' and the word 'services' and the two words convey different ..... the contention of the assessee regarding pass through charges at the same time he has considered the port charges payment as payment to contractor under section 194c of the act which is not at all justified. it has been contended by the id. counsel that various benches of the tribunal and high court has already interpreted the connotation ..... to the other telecom operators do not come within the purview of contract for "work" and therefore does not attract tax deduction at source under section 194c of the act. 3. the appellant therefore prays that the order treating the appellant as an assessee in default be struck down. 1. without prejudice to grounds i and ii above, .....

Commr. of C. Ex., Cus. and S.T. Vs. Birla Tyres Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

..... by apex court in the case of commissioner of central excise, mumbai v. bigen industries limited reported in 2006 (197) e.l.t 305 (s.c.) and kamalakshi finance as aforesaid, it can be ordered that the directions made by the ld. commissioner (appeals) on 28-1-2005 should be carried out forthwith and also the appellate direction ..... the settled position in terms of order dated 30-5-2005. there should have been no controversy as to the refund of the unrealisable interest and they should have acted fairly without any hesitation. he further submitted that failure to carry out order of the ld. commissioner (appeals) which was passed on 28-1-2005 has compelled by ..... of calculation of interest needs no collaboration. however, the amount of interest paid by the appellant is refundable subject to the provisions of section 11b of the central excise act, 1944.3. on the above premises the first appellate order dated 28-1-2005 neither challenged by revenue in any appeal nor such order was stayed by any .....