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Indian Banks' Association, Bombay and Ors. Vs. Devkala Consultancy Ser ...

Court : Supreme Court of India

Reported in : 2004(5)ALD68(SC); 2004(4)AWC3544(SC); III(2004)BC1; [2004]120CompCas612(SC); (2004)4CompLJ80(SC); (2004)189CTR(SC)157; [2004]267ITR179(SC); JT2004(4)SC587; 2005(1)KarLJ185;

..... year 1980; whereafter it was again withdrawn in the year 1985. the said tax, however, was reintroduced w.e.f. 1.10.1991 by reason of finance act, 1991. the reserve bank of india by its circular letter dated 2.9.1991 advised all the scheduled commercial banks that the incidence of interest tax should pro ..... on to the borrowers where for a uniform practice should be followed in consultation with the first appellant herein.4. the first appellant purported to be acting pursuant to or in furtherance of the said circular as also with a view to formulate a structure of uniform interest rate chargeable after including the interest ..... appellant nos. 2 to 28 are banks which were created under respective parliamentary acts or nationalized in terms of provisions of the banking companies (acquisition & transfer of undertakings) act, 1970 and the banking companies (acquisition & transfer of undertakings) act, 1980.factual matrix:3. interest tax act was enacted by the parliament w.e.f. 1.6.1974 with an .....

Ags Entertainment Private Limited Vs. Union of India

Court : Chennai

..... of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii ..... of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii ..... of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii .....

G.V.Matheswaran Vs. the Union of India

Court : Chennai

..... ultra vires the provisions of the finance act, 1994 as amended by the finance act, 2007 and finance act, 2008. 36 in view of paragraph no.30 above, upholding the validity of section 65(105)(zzzz) and 65(90-a) of the finance act, 1994, as amended by the finance act, 2010 and section 77 of the finance act, 2010, w.p.nos.24586 ..... are filed seeking a writ of prohibition prohibiting the respondents from (a) giving effect to the provisions of section 65(90a) read with section 65(105)(zzzz) of the finance act, 1994 as amended by the finance act, 2007 and finance act, 2010 (b) levying or attempting to levy, collect or recover from the petitioner, any service tax under ..... sathyanarayanan, j. in this batch of writ petitions, challenge is made broadly to the provisions of section 65 (105)(zzzz) and 65(90a) of the finance act, 1994, as amended by the finance act, 2010 and section 77 of the finance act, 2010 on the ground that the said provisions are illegal, arbitrary and ultra vires the constitution .....

Commissioner of Income-tax, Kerala Vs. K. Srinivasan

Court : Supreme Court of India

Reported in : AIR1972SC491; [1972]83ITR346(SC); (1972)4SCC526; [1972]2SCR309

..... 1951 which contained the rates etc. relating to the surcharge. similar state of affairs existed with regard to finance acts of 1953, 1954, 1957. section 2 of the finance act 1971 is to the effect that the provisions of section 2 and of the first schedule to the finance act 1970 shall apply in relation to income tax for the assessment year or as the case may be the ..... financial year commencing on the first day of april 1971 as they apply in relation to income tax for the assessment year commencing on first day of april 1970 with certain modifications set out in the section. the first schedule to the finance act of 1970 .....

Kanoria Industries Ltd. Vs. Union of India (Uoi)

Court : Karnataka

Reported in : 2005(190)ELT295(Kar)

..... to persons like the petitioners in the earlier existing valid notifications. it is therefore the submission of the learned counsel for the petitioners that section 112 of the finance act, 2000 is unconstitutional.10. one other contention urged on behalf of the petitioners is that the statutory provision also has the effect of ..... legislation by the parliament?8. the main contention urged by sri pramod kathavi learned counsel for the petitioners is that a validating legislation as section 112 of the finance act, 2000 is being described as one, is essentially legislated for the purpose of validating an earlier levy through a statute, a statute ..... could have continued to reap the benefit of modvat credit and the petitioner therefore feeling aggrieved by this endorsement as also the provision of section 112 of the finance act, 2000, has challenged the constitutional validity of this statutory provision and for quashing the consequential endorsement and further direction for restoration of the .....

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2007)288ITR226(Hyd.)

..... case falling under section 115a or section 115b or section 115bb or section 115e or section 164 or section 164a or section 167b, section 115b or section 164, the rate or rates specified in section 115a or section 115b or section 115bb or section 115e or section 164 or section 164a or section 167b, as the case may be, or the rate or rates of income-tax specified in this behalf in the finance act of the relevant ..... also refer to the decision of apex court in cit v. dhadi sahu 199 itr 610 sc, wherein considering the effect of amendment to the provisions of section 274(2) by the taxation laws(amendment)act, 1970 with effect from april 1, 1971, the apex court vide relevant portion of the head-note on pages 611-612 of the report(199 itr) held .....

Karvy Consultants Limited Vs. Government of India

Court : Andhra Pradesh

Reported in : 2006[]STR75

..... in relation to the business auxiliary services of provision of service on behalf of the client, from the whole of the service tax leviable thereon, under section 66 of the finance act, which is received by the service provided prior to 10-9-2004. this notification has neither been referred to in the show cause notice issued ..... since the activity carried on by the petitioner of 'registrar and transfer agency' falls within the purview of 'any incidental or auxiliary support service' under section 65(19) of the finance act, 2003, the said business auxiliary services rendered by the petitioner during the period 1-7-2003 to 31-1-2004 would bring them within the service ..... by the petitioner towards such services rendered from 1-7-2003 to 31-1-2004, that the show cause notice was issued after strictly construing section 65(19) of the finance act, 2003, that the functions of the registrar and share transfer agent is a service rendered which is in the nature of incidental or auxiliary support .....

State of West Bengal Vs. Calcutta Club Limited

Court : Supreme Court of India

..... was a sea change, as a result of which service tax was imposed on all taxable services, short of those which were in a negative list contained in section 66d of the finance act. according to the learned counsel appearing on behalf of the respondents, the same position that obtained re: incorporated members clubs continued after 2012, despite the introduction of ..... clause (d) is consequent to a.v. meiyappan v. cct [(1967) 20 stc115(mad)]. . sub-clause (e) is the result of cto v. young men's indian assn. (regd.) [(1970) 1 scc462 . sub-clause (f) is the result of northern india caterers (india) ltd. v. lt. governor of delhi [(1978) 4 scc36:1978. scc (tax) 198]. and state of ..... the constitution of india?. in cosmopolitan 30.2. (ii) whether the judgment of this court in young men's indian assn. [cto v. young men's indian assn., (1970) 1 scc462 still holds the field even after the 46th amendment of the constitution of india; and whether the club [cosmopolitan decisions club v. state of t.n., (2017) .....

Commissioner of Income-tax Vs. L.G. Balakrishnan

Court : Chennai

Reported in : [2002]255ITR339(Mad)

..... can be entertained ?'3. the manner in which agricultural income is to be determined had been set out in the finance act in part iv. the finance act for the year 1979 in part iv, in rule 9 therein provides that where an assessee has agricultural income in the ..... granted to the assessee. allowing the assessee to claim set off of the losses determined after applying the rules of the earlier finance acts for those years against the agricultural income of the previous year relevant to the assessment year commencing on the 1st day of april ..... activities in the earlier assessment years after a computation made in accordance with the requirements of the rules provided in the relevant finance acts and that such loss had not been set off against the agricultural income of earlier years. the fact that the time at ..... j. 1. the assessment year is 1979-80. 2. despite the absence of provisions similar to sections 80 and 139(3) with regard to the need for having the loss determined in the relevant assessment .....

Commissioner of Income-tax Vs. Shri Rangnath Bangur and Shri Purshotta ...

Court : Rajasthan

Reported in : (1984)41CTR(Raj)21; [1984]149ITR487(Raj)

..... 1953, which refers to the previous year relatable to the assessment year 1952-53. the proviso, as mentioned above, merely makes the provisions of section 2(3)(a) of the finance act applicable in the calculation of rebate or concession relating to dividend income or deemed dividend income. the president of the appellate tribunal has referred in his ..... s case : [1968]68itr842(bom) was no longer good law in view of the decision of their lordships of the supreme court in v. jaganmohan rao's case : [1970]75itr373(sc) . the kerala high court in cit v. c. ravindran : [1977]107itr547(ker) simply followed the decision of the bombay high court in kevaldas ranchhoddas's ..... of the assessee had to be determined afresh. their lordships of the calcutta high court observed in the aforesaid case that in jaganmohan rao's case : [1970]75itr373(sc) the supreme court has used very wide language in describing the scope of reassessment proceedings and that if by reason of reopening, the previous underassessment .....