Judgment Search Results Home > Cases Phrase: finance act 1970 section 22 amendment of section 193 Court: delhi Page 4 of about 8,893 results (0.197 seconds)

Delhi Transport Corporation Vs. Commissioner Service Tax

Court : Delhi

..... had also failed to file the requisite returns in such regard respecting the value of the taxable service provided. penalty was imposed under section 78 of the finance act, declining benefit of section 80, referring in this context to the facts that the assessee had neither applied for service tax registration nor discharged its service tax ..... thereby confirming the demand of 7,19,01,910/- under section 73 read with section 68 and 95 of the finance act, 1994, and section 140 of the finance act, 2007, directing interest (at appropriate rate) to be charged under section 75 and imposing penalties of 1,000/- under section 77 of finance act for failure to file st-3 returns for each of the ..... scns) which they have not paid during the period may, 2006 to march, 2008, should not be recovered under section 75 of the finance act. 1994; (iii) penalty should not be imposed under section 76 of the finance act, 1994, as amended in view of failure to pay the service tax amounting to 7,19,01,910/-(three scns) .....

Commissioner of Service Tax Vs. Japan Airlines International Co. Ltd.

Court : Delhi

..... dated 31/28.12.2012 was reviewed, according to the revenue, by the committee of chief commissioners, as mandated under the provisions of section 86(2) of the finance act, 1994 (in short the finance act). post, the review, a decision was taken to file an appeal before the tribunal.4. broadly, the grounds articulated by the revenue ..... only by a committee of commissioners of central excise provided it has an objection to an order passed by commissioner of central excise under section 73 or section 83a of the finance act. if, the committee of commissioners, comes to such a conclusion then, it is mandated to direct the commissioner of central excise to prefer ..... . the fact that the committee of commissioners appended their signatures to the note was, according to her, sufficient compliance of the provisions of section 86(2) of the finance act. the learned counsel submitted that such an exercise implicitly recognized due application of mind by the committee of commissioners. 8.3 it was her .....

M/S. L.G. Electronics India Private Limited Vs. the Asstt. Commissione ...

Court : Income Tax Appellate Tribunal ITAT Delhi

..... lease of tangible or intangible property etc. it was submitted that the expression in the nature of has been clarified by way of insertion of explanation to section 92b by the finance act, 2012 with retrospective effect from 1-4-2002, but the case under consideration does not fall in any of the sub-clauses of clause (i) ..... be adjusted to bring it at arm's length, with reference to and under the chapter x of the income tax act, 1961, and not otherwise. 25. the finance act, 2001, has substituted the existing section 92 by new section 92 and 92a to 92f. according to the above provisions, income arising from an international transaction between associated enterprises shall ..... tpo cannot determine alp of an international transaction. this judgment has been rendered on consideration the provisions of sub-section (2) of section 92ca. 7.8. it is interesting to note that the finance act 2011 inserted sub- sec. (2a) of sec. 92ca w.e.f. 1-6-2011. as per this provision the tpo shall determine alp of any .....

Commissioner of Income-tax Vs. Singapore Airlines Ltd.

Court : Delhi

Reported in : [2009]319ITR29(Delhi); [2009]180TAXMAN128(Delhi)

..... said section 194h was reintroduced in the statute book in its ..... the subject-matter of the debate, that is section 194h, was first brought on to the statute book by the finance (2) act, 1991 with effect from 1-10-1991. the section was amended by the finance act, 1992 with effect from 1-6-1992. the section was omitted from the statute book by the finance act, 1999 with effect from 1-4-2000. the ..... present avatar by the finance act, 2001 with effect from 1-6-2001. .....

L.H. Sugar Factories Ltd. and ors. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2004)(93)ECC224

..... tax to users and also for recovery of refund already granted consequent to the judgment of the supreme court in laghu muddying bart. provisions of section 115 of the finance act 2000 was made retrospective from 16.7.97. thus, service tax became payable on services rendered by clearing and forwarding agent with effect from 16 ..... the president in the prescribed manner on the basis of the self assessment of the service tax and the provisions of section 71 shall apply according." section 73 has also undergone certain amendments by finance act 2003.after the amendment section 73 reads as follows : (a) the assistant commissioner of central excise or, the case may be, the ..... of the appellants that no show cause notice could have been issued to them under section 73 even after the amendment brought under finance act 2000.5. as on the date of issue of the show cause notice section 73 of the finance act stood as follows : section 73 (a) the assistant commissioner of central excise or, as the case may .....

Laxmi Color Pvt. Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2007)8STT259

..... the ground that revenue officers visited the appellants' premises and appellant were informed regarding their liability. the appellants relied upon the pro visions of section 80 of finance act, 1994 to submit that as they had applied for registration but the revenue is not responded to their request. therefore, they are not ..... we find that section 80 provides that notwithstanding anything under sections 76 and 77 of the finance act no penalty shall be imposed on the assessee ..... their liability. therefore, they are liable to penal action under sections 76 and 77 of the finance act, 1994.5. we find that appellants are only challenging the imposition of penalty under sections 76 and 77 of the finance act, 1994. provisions of these sections provide penalty failure to pay service tax and return. further, .....

Cce, Jaipur Vs. M/S. Jagdish Travels

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2001)(75)ECC852

..... the assessee proves that there (sic) reasonable cause for the said failure. in the instant case, the commissioner has not exercised his power under this section of the finance act, for want of indication to this effect in the impugned order. he has not recorded the findings that the respondents were prevented by sufficient cause in ..... ending december 1997, march 1998 and june 1998 alongwith the interest but still they could be proceeded against for imposition of penalty under section 77 of the finance act, 1994. the said section clearly mandates that the assessee shall become liable for payment of penalty on his failure to fill the returns in time at the minimum ..... directed against the impugned order in appeal dated 15.11.2000 passed by the commissioner(appeals) vide which he had set aside the penalty imposed under section 77 of the finance act, 1994 of rs.27,500/-on the appellants.3. the respondents failed to fill their quarterly returns ending quarters december 1997, march 1998 and june .....

J.K. Cotton Spinning and Weaving Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1989)(23)LC385Tri(Delhi)

..... going to be decided by the supreme court expeditiously in view of large pendency the central government decided to amend the law. accordingly, while enacting the finance act, 1982 the parliament enacted section 51 giving retrospective effect to the amendments made in rules 9 and 49 of the central excise rules, 1944 by notification no. 20/82-ce. ..... 9 and 49. the explanation did not introduce any new concept but only clarified the earlier rules.33. at this stage, it is necessary to set out section 51 of the finance act, 1982: 51. retrospective effect for certain amendments to central excise rules and validation. - (1) the amendments made in rules 9 and 49 of the central ..... be taken till the decision of the supreme court on 5.6.1982, i.e., after rules 9 and 49 were amended with retrospective effect by section 51 of the finance act, 1982. the superintendent issued a consolidated show cause notice dated 5.6.1982 covering cotton yarn, cellulosic spun yarn and non-cellulosic spun yarn the period .....

Vinod Khatri Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)82TTJ(Delhi)911

..... thus the basis for imposing penalty for concealment of income is to be taken out separately and independently for the assessment order.29. it may be pointed out that by finance act, 1999 section 253(6) was amended by adding clause (d). the board vide circular no. 779 dt. 14th sept., 1999 reported in [(1999) 240 itr 3 (st)] has ..... shall except in the case of an appeal referred to in sub-section (2) or a memorandum of cross-objections referred to in sub-section (4) be accompanied by a fee of one hundred rupees." subsequently, the fee was enhanced to rs. 125 by the taxation laws (amendment) act (1970) finance act, 1981 further enhanced the court fee to rs. 200 w.e. ..... f. 1st june, 1981. the basis for payment of the fee for filing appeals to the tribunal was the date of initiation of assessment proceedings. section 253(6), as it stood upto 31st may, 1992, prior to .....

Charak Pharmaceuticals (i) Ltd Vs. Union of India and ors.

Court : Delhi

Reported in : 2000IIAD(Delhi)363; 2000(52)DRJ544; 2000(67)ECC749

..... of provisional assessments, made prior to 31st march, 1998 and remained unpaid and was, thus, 'tax arrear' within the meaning of section 87(m)(ii) of the finance (no. 2) act, 1998 (for short `the finance act'). 7. the petitioner filed an appeal against the order, dated 17th september, 1998, which is stated to be pending. however, in ..... demand notice or show cause notice issued on or before 31st march, 1998 but remaining unpaid on the date of making declaration under the scheme. section 95(ii) of the finance act also places an embargo in respect of certain items of tax arrear and excludes the following type of cases from the scope of the scheme: ..... thereforee, of the considered view that the amount of differen- tial duty of rs.19,29,642/- was 'tax arrear' within the meaning of section 87(m)(ii)(b) of the finance act and the petitioner having fulfillled all other requisite conditions, the designated authority was not justified in directing the return of declaration on the aforestated ground. .....