Judgment Search Results Home > Cases Phrase: finance act 1970 section 19 substitution of new section for section 130 Court: chennai Page 6 of about 203 results (0.209 seconds)

Airlines Agents Association and ors. Vs. Union of India (Uoi) and ors.

Court : Chennai

Reported in : [2004]265ITR577(Mad); (2001)2MLJ614

..... g) and also article 14 of the constitution. there is also a challenge to be found to the 'legislative competence' and on that ground section 65(3) and section 67(k) of the finance act have been challenged. however, at the argument stage, learned senior counsel abandoned the challenge regarding the 'constitutionality' and restricted himself only to two ..... provided by 'air travel agents' came to be brought into the tax net by way of an amendment of section 65 of the finance act. the 'charging section' is section 66(3) while the 'measure of tax' is provided by section 67(k).3. we have deliberately quoted the prayer in the writ petitions because at the argument stage, learned ..... petitioners pray for a writ of declaration or any other appropriate writ or order in the nature of writ by declaring the provisions contained in section 65(3) and section 67(k) of the finance act, 1994, as amended in the year 1996, and rule 2(d)(viii) of the service tax rules as amended as unconstitutional and void .....

V. Shanmughavel and anr. Vs. Commissioner of Central Excise and ors.

Court : Chennai

Reported in : 2001(131)ELT14(Mad); [2002]254ITR717(Mad); (2001)2MLJ581; 2006[2]STR466; [2007]6STT183

..... that their services of evaluation cannot be deemed to be 'taxable service'.4. in this backdrop, it will be better to see the impugned provisions of the finance act. section 65(13) is the definition clause, defining the term 'consulting engineer'. it reads as follows ;' 'consulting engineer' means any professionally qualified engineer or an engineering ..... '. in our opinion, such an advice would fall in 'civil engineering discipline'. again, the term 'engineering discipline' as used in section 65(13) and section 65(48)(g) of the finance act cannot be interpreted in a manner as suggested by the petitioner. even adopting the strict view of a taxing statute, it would have ..... petitioner that the members of the petitioner-institution are 'registered valuers' and they cannot be deemed to be 'consulting engineers' under the provisions of section 67(f) of the finance act. in this backdrop, it will be better to see rule 8a of the wealth-tax rules, 1957, which provides for qualifications of 'registered .....

The Jt. Commissioner of Income Vs. India Equipment Leasing Ltd.

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2008)111ITD37(Chennai)

..... other hand shri shaji p. jacob, sr. departmental representative submitted that reserve bank of india guidelines could not override the mandatory provision of section 145 of the act.referring to the legislative intention for inserting section 43d, he submitted that the finance act, 1991, inserted a special provision w.e.f. 01.04.1991, for recognition of income in case of a public financial institution ..... guidelines issued by reserve bank of india could suo moto overrule, the specific provision of section 145 of it act, 1961, there was no need of introducing section 43d by the finance act, 1991 and later on modify it by extending the benefit to some more class of assessees by the finance act, 1999. this exhibits the present situation under which banks and public financial institutions take advantage .....

Commissioner of Central Excise Vs. Burn Standard Co. Ltd.

Court : Chennai

..... on account of the reversal of the credit already taken and held that considering the amended rule as to the availability of the benefit as contemplated under section 69 of the finance act taking care of such situation and the fact that the amendment came during the pendency of the appeal, the proper course was to remand the matter ..... inventory and accounts of the receipt and use the inputs for the aforesaid purpose and does not take credit of the specified duty on such inputs." 12. section 69(2) of the finance act, 2010 brought in rule 57ccc, which provided for making such reversal of the entry for the period from september, 1996 to 28th february, 1997, a ..... (267) e.l.t. 153}, learned counsel submitted that the said contention of the revenue that the assessee had not complied with the condition stipulated in section 73(2) of the finance act, 2010, does not merit any acceptance. in any event, when the assessee had consistently taken the stand that it had not made any credit entry for .....

Core Minerals Vs. the Commissioner of Service Tax

Court : Chennai

..... its fold the primary issue as to whether the mining service agreement, which provides for consideration in money, can be straightaway rejected in the teeth of section 67(1)(i) of the finance act, 1994. this plea of the appellant establishes prima facie case for considering the request for waiver of pre-deposit.10. the issue as to whether ..... on merits in the appeal considering all issues, including the two agreements. the department has to first come to the conclusion that the provisions of section 67(1)(i) of the finance act, 1994 will not apply to the facts of the present case before proceeding to contend that there is an element of undervaluation. no provision of ..... is concerned, the department is proceeding on a premise that there is suppression of value. that issue will have to be decided on the touchstone of section 67(1)(i) of the finance act, 1994. if a specific amount is charged by the service provider under the mining services agreement, that agreement has to be tested on its own .....

Deputy Commissioner of Income Tax Vs. Indian Syntans Investments (P)

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2007)103ITD457(Chennai)

..... surrender of technical know-how being a capital receipt is not liable to capital gain tax for the assessment year in question and even the amendment brought in section 55(2) by the finance act, 1997, w.e.f. 1st april, 1998 is only relevant for and from the asst. yr. 1998-99. in view of this, the assessee succeeds ..... though the know-how is used in india, if no part thereof is attributable to any services rendered in india. 15.2 the finance act, 1976, has inserted a new clause (vi) in section 9(1) of the it act, clearly specifying the circumstances in which the royalty income will be deemed to accrue or arise in india and also defining the term ..... contention of the learned departmental representative that it was issued by the it department.29. in this regard, we have gone through the amended provisions of section 148 and the proviso brought out by the finance act, 2006 reads as under: (a) where a return has been furnished during the period commencing on the 1st day of october, 1991 and ending .....

Leaap International Pvt. Ltd. Vs. Commissioner of Service Tax

Court : Chennai

..... tax on the business auxiliary service rendered during the period october 2004 to december 2008 and also imposed penalty of rs.1,38,23,529/- under section 78 of finance act.4. being aggrieved by the order of the commissioner, central excise (13.4.2011), assessee filed appeal before cestat in st/475/2011 on the ..... . commissioner of central excise, vadodara]. in the said decision, the service provider had taken out the registration under custom house agent under section 65(35) read with section 65(105)(h) of finance act and rendered services such as fumigation, loading and unloading, stuffing goods in containers, labour charges for stuffing, facilitating charges and also collected ocean ..... under business auxiliary service under the category of procurement of goods or services which are inputs for clients and whether the same is taxable under section 65(19) of finance act have to be gone into and adjudicated upon by the cestat. what is now urged before us is only against the pre-deposit order .....

Commissioner of Central Excise Vs. Thiru Arooran Sugars Limited

Court : Chennai

..... limited & os. v. cce, meerut ii (2004) (61) rlt142wherein the bench had elaborately dealt with the effect of introduction of section 71a in the finance act 2003 and also section 73, as amended by finance act, 2003 and allowed the appeal. thus when the above decision of the tribunal in l.h. sugar factories limited was confirmed by the ..... goods transport operator service is only under section 71-a of the finance act; since section 73 of the act does not cover the classes of persons coming under section 71-a of the finance act and it covered those cases falling under section 70 of the act, the show cause notices issued under section 73 of the act was not maintainable.3. it may ..... reported in 2004 (165) elt161(tri del) to the instant case by holding that liability under section 73 of the finance act, 2003 does not cover the case of the assessees on whom liability is cast under section 71a of the finance act, 2003 and such persons are not liable to pay tax?..".2. it is seen from the decision .....

Dr. K. Senthilnathan Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2005)96TTJ(Chennai)637

..... asst. yr. 2001-02. he further noted that finance act, 2001, applied to income that had arisen during the previous year ending march, 2001. he ..... the cit(a) in his order stated that finance act, 2001, levied tax at the rate prescribed in section 113 as well as surcharge for the ..... be increased by a surcharge, if any, levied by any central act and applicable in the assessment year relevant to the previous year in which the search is initiated under section 132 or the requisition is made under section 132a." this proviso was inserted by the finance act, 2002, indicating that it would be effective from 1st june, 2002. .....

Airlines Agents Association Vs. Union of India (Uoi)

Court : Chennai

Reported in : 2006[3]STR3

..... 1)(g) and also article 14 of the constitution. there is also a challenge to be found to the 'legislative competence' and on that ground section 65(3) and section 67(k) of the finance act have been challenged. however, at the argument stage, the learned senior counsel abandoned the challenge regarding the 'constitutionality' and restricted himself only to two ..... by the 'air travel agents' came to be brought into the tax-net by way of an amendment of section 65 of the finance act. the 'charging section' is section 66(3) while the 'measure of tax' is provided by section 67(k).3. we have deliberately quoted the prayer in the writ petitions because at the argument stage, the learned ..... petitioners pray for a writ of declaration or any other appropriate writ or order in the nature of writ by declaring the provisions contained in section 65(3) and section 67(k) of the finance act, 1994 as amended in the year 1996 and rule 2(d)(viii) of service tax rules as amended in the as unconstitutional and void .....