Judgment Search Results Home > Cases Phrase: finance act 1968 Year: 2007 Page 8 of about 6,302 results (0.043 seconds)

Cce Vs. Jaiswal Equipment and Holdings

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2007)7STR665

..... , meerut-ii, . it was observed that, the tribunal had elaborately dealt with the effect of introduction of section 71a of the finance act, 2003 and also section 73 of the finance act, 1944, as amended by the finance act, 2003, and held that, the liability to file return is cast on the providers of such services only under section 71a. it ..... representative for the department submitted that, after the decision of the hon'ble supreme court in laghu udyog bharati v. union of india (supra), the act was retrospectively amended by finance act, 2003, as per which the receiver was made liable to pay service tax in respect of the gtos provided to such receiver for the period from ..... 1)(d)(xvii) was validated, notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority. by section 160(1) of the finance act, 2003, it was provided in the context of the notification dated 05.11.1997, that it will stand amended as specified in the 12th schedule, on and from .....

A.C.i.T. and D.C.i.T. Vs. Shri Raghunath B. Taware

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2008)302ITR136(Pune.)

..... prevalent malpractice that was noticed by the direct faxes enquiry committee and the recommendations made by the said committee which led to the amendment of the act by the finance act of 1972 whereby the exemption from tax that was available in respect of winnings from lotteries, crossword puzzles races was withdrawn. the above observations make it ..... form or nature whatsoever, which were provided to be charged at a specified flat rate under the provisions of section 115bb(i), which section was also inserted by the finance act, 1986, w.e.f. 01/04/87. the said circular reads as under: (xiii) provisions of a flat rate of tax on winnings from lotteries, ..... ix), section 56(2)(ib) and section 115bb together. first two provisions have been introduced by the same finance act 1972 section 115bb was introduced by finance act 1986 seeking to replace section 80 tt which was introduced by finance act 1972. in all these sections reference is to same type of income which is referred to section 2(24 .....

Amit Estate Organizer Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2008)113TTJ(Ahd.)1018

..... no tax or refund was due from him after making such adjustments. with effect from 1st april, 1998, second proviso to section 143(l)(a) was substituted by the finance act, 1997, which was operative till 1st june, 1999. the requirement was that intimation was to be sent to the assessee whether or not any adjustments had been made under ..... . 2) of 1991 w.e.f. 1st oct., 1991 and subsequently w.e.f. 1st june, 1994 by finance act 1994. and ultimately omitted w.e.f. 1st june, 1999 by explanation as introduced by the finance act (no. 2) of 1999, an intimation sent to the assessee under section 143(l)(a) was deemed to be an order for purposes ..... on account of alleged difference in cost of construction; there shall have to be a corresponding deduction of identical amount because the amendment brought about in section 69c by finance (2) act of 1999 being effective from 1st april, 1999 was applicable only for asst. yr. 1999-2000 and subsequent assessment years. reliance in this respect was placed on the .....

Bridgestone Financial Services Vs. the Commissioner of Service Tax

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : (2007)9STJ177CESTAT(Bang.)alore

..... services india ltd. the issues to be decided are the following: 1) under what category the services rendered by the appellant are liable to service tax in terms of finance act 1994? 2) whether the show cause notice is time barred as contended by the appellants? even though the statements were taken on 20.9.04, the show cause ..... the service provided is taxable cannot be disputed. the exemption cited is not applicable to them. 4) support services of business or commerce falling under section 65 of the finance act 1994 became taxable with effect form 1.5.2006, whereas the period of dispute covered by the subject appeal is july 2003 to september 2004. as such, even if ..... of taxable service with an intent to evade payment of service tax and therefore a penalty of rs. 1,00,00,000/- was imposed under section 78 of the finance act 1994. the appellants are highly aggrieved over the impugned order.2. shri k.s. ravishankar learned advocate appeared for the appellants and shri r.k. singla learned jcdr .....

Commissioner of Central Excise Vs. Linde-kca-dresden Gbh

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2007)9STJ112CESTAT(Mum.)bai

..... government within seventy five days from the end of the month in which the service was rendered. however, section 68 had been amended significantly by finance act 1998. section 68 as substituted by finance (no. 2) act 1998 (w.e.f. 16.10.98) read as under: (1) every person providing taxable service to any person shall pay service tax ..... payable to indian institution or authorities." thus it appears that service tax was not added in the payment. however regarding charging of "service tax" the statutory provisions of finance act 1994, as amended, made it clear that even though service tax may not be added in payment made: the assessee has to pay service tax. in this regard ..... it is important to mention that section 68 of chapter v of finance act 1994 deals with payment of service tax. prior to finance act 1998 this section read as under: (1) every person providing taxable services to any person shall collect the service tax at the rate .....

Busy Bee Vs. Commissioner of Central Excise

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

Reported in : (2007)11STJ4CESTAT(Chennai)

..... case had occurred not due to any intention to evade payment of service tax. the appellants deserved leniency as regards penal liabilities under section 76 and 77 of finance act, 1994 in terms of section 80 ibid.4. i have carefully studied the case records and considered the submissions made by both sides. it is obvious from ..... had no mala fide intention to evade payment of service tax. accordingly he modified the original order by setting aside the penalty imposed under section 78 of the finance act, 1994 on the assessee. the present stay application is for waiving predeposit and staying recovery of the penal liabilities as per the impugned order.2. after hearing ..... an order demanding service tax due of rs. 4,09,702/- and interest thereon of rs. 51,713/-.penalties were imposed under section 76, 77 and 78 of the finance act, 1994. under section 78, penalty of rs. 4,09,702/- was imposed. against the above order the assessee preferred an appeal before the commissioner (appeals), coimbatore. .....

Commr. of Service Tax Vs. Saket Enterprise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2007)10STJ265CESTAT(Kol.)kata

..... pvt. ltd. v. commr. of central excise, new delhi reported in 2007 (5) s. t. r. 144 (tri.-del.) upholding imposition of penalty under section 76 of the finance act, 1994.5. after considering the submissions made and after perusing the case records and the cited decisions, i find that the adjudicating authority has taken note of the facts that ..... 76 of the finance act, 1994 relating to service tax is not similar to the provisions relating to customs and excise law and hence the decisions cited by the lower appellate authority to ..... the department is in appeal against the order of the lower appellate authority, who has set aside the penalty imposed by the original authority under section 76 of the finance act, 1994, for the reason that the service tax was paid prior to issue of show-cause notice. it is the case of the revenue that the provisions under section .....

New Ways Advertising Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... against order-in-appeal dt. 23-12-04, which upheld the order-in-original that imposed penalty on the appellants under section 76 and 77 of the finance act.2. the relevant fact that arises for consideration the appellants are holders of service tax registration certificate and are rendering services as 'advertising agency services'. the appellant ..... is the submission of the ld. consultant that the lower authority has not considered in right perspective the appellant's contention that provisions of section 80 of the finance act, are invocable in this case and that provisions of section 76 mandates the penalty to be imposed equivalent to the amount of service tax the appellant "failed ..... section 76 clearly imply that the penalty cannot exceed the amount of service tax the appellant failed to pay by applying the provisions of section 76 of the finance act, 1994 the penalty imposed in excess to the tax liability would be incorrect. there seems to be a (sic)(an) anomaly in imposing penalty on the .....

Car World Autoline Vs. the Commissioner of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : (2008)9STR246

..... read with rule 6 of service tax rules 1994. interest under section 75 was also demanded. a penalty equal to the tax demanded was imposed under section 78 of the finance act. the appellants were aggrieved over the decision of the original authority. hence, they appealed to the commissioner (appeals). the commissioner (appeals) passed the impugned order upholding the order ..... was drawn to the relevant provisions. exemption to value of taxable services received before 10.09.2004 in respect of services covered under extended scope of existing services as per finance act, 2004 (notification no. 25/2004-st dated 10.09.2004)(f.no. b2/8/2004-tru). g.s.r. (e) - in exercise of the powers conferred by ..... sub-section (1) of section 93 of the finance act, 1994 (32 of 1994), the central government, being satisfied that it is necessary in the public interest so to do, hereby exempts that portion of the value of following .....

C.C.E. Vs. Nesamony Tours and Auto

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

Reported in : (2008)10STR42

..... . 1000/- and rs. 8173/- to rs. 500/- and to rs. 2000/-. the original authority had imposed penalties under section 75a, section 76, section 77 and section 78 of the finance act, 1994, in addition to demanding the service tax of rs. 8173/- due and the interest thereon not paid by m/s. nesamony tours & auto consultant, nagarcoil.2. the ld. ..... sdr reiterates the grounds of appeal and submits that section 76 of the finance act, 1994 mandates that any person who fails to pay service tax shall be liable to pay in addition to the tax due and interest thereon, the penalty which shall not ..... cestat in the case of cce, bangalore v. s.b.gopalakrishna . in the above case, the tribunal had decided that in respect of penalty under section 78 of the finance act, 1994, the quantum was discretionary and minimum penalty may be imposed in the facts of the case. the ratio is in line with the apex court decision that the .....