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Star Television News Limited Vs. Union of India (Uoi) Through the Secr ...

Court : Mumbai

Reported in : 2009(111)BomLR3617; (2009)225CTR(Bom)140; [2009]317ITR66(Bom); [2009]184TAXMAN400(Bom)

..... titled 'finance act, 2007 - explanatory notes on provisions relating to direct taxes' purports to provide the identical reason for the said amendments to chapter xix-a of the act. ..... scheme of the act and relevant changes in chapter xix-a of the act by the finance act, 2007.prior scheme(i) an application to the settlement commission was submitted in accordance with form 34b in appendix ii to the income-tax rules.the annexure to form 34b required the applicant, inter alia, to state - (a) amount of income which has not been disclosed before the assessing officer; (b) additional amount of income-tax payable on such income; and (c) the manner in ..... 2007, but an order under the provisions of sub-section (1) of this section, as they stood immediately before their amendment by the finance act, 2007 has not been made before the 1st day of june, 2007 such application shall be deemed to have been allowed to be proceeded with if the additional tax on the income disclosed in such application and the interest thereon is paid on or before the 31st day of july, 2007. ..... was required to be paid.post amendment(v) while the notes on clauses of the finance bill, 2007 provide no reason whatsoever for the amendments proposed by clauses 53 to 61 of the said bill, the memorandum explaining the provisions of the said bill purports to provide the reason for the said amendments stating that:chapter xix-a of the income-tax act contains provisions relating to settlement of cases by the settlement commission. .....

Agrima Project Engg. and Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1990)32ITD421(Mum.)

..... had put forward incomplete facts, particularly with reference to sub-contracting of certain jobs abroad; (ii) if true and correct facts were put forward before the central board of direct taxes by the assessee, either theassessee would not have got approval under section 80-o of the act or would have got approval with substantial modifications; (iii) that in either case, the assessee-company would not have been able to get 80-o relief with reference ..... of section 80aa, which was, to repeat, made retrospective in effect as from 1-4-1968 and section 80ab, which was made prospective in effect as from 1-4-1981 by the same finance (no.2) act, 1980.their lordships quoted extensively from the finance minister's address to the parliament at the time of introduction of finance (no.2) bill and concludingly the high court observed that, 'interpretation of a statutory provision is always a question of law on which reasons stated by the mover of the amendment ..... 221/85-ftd government of india ministry of finance department of revenue foreign tax division central board of direct taxes, new delhi, the 19th august, ..... and in this view of the matter for deduction under section 80m, section 80aa is to be taken note of while for deductions under section 80 as contained in chapter via, section 80ab is to be taken note of; (viii) that the very fact that finance (no. ..... itr 601/29 taxman 82 at page 615 has brought out the difference while quoting from the finance minister's speech that the law made, viz. .....

Transweigh (India) Ltd. Vs. the Commissioner of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2004)(170)ELT527Tri(Mum.)bai

..... in terms of section 65 (18) of the finance act, 1944, "any professionally qualified engineer or engineering firm who either directly or indirectly renders any service, consultancy or technical assistance in any manner to a client in one or more disciplines of engineering is defined as "consulting engineer" for the levy and imposition of service tax on the services rendered by such consulting engineer ..... 929/- was confirmed against them under section 75 of the finance act, 1994 towards their liability for service tax. ..... briefly stated, the appellants are engaged in the manufacturing of engineering goods falling under chapter 84 of the schedule to the ceta, 1985, the appellants had also recovered an amount of ..... in other words, the appellants pleaded that, in order to attract levy of service tax under the category of "consulting engineering" the service provider should be engaged solely in the process of rendering consulting services and not a firm like the appellants where the consulting engineer services are rendered ..... union of india, wherein it has been held that, the act does not make any distinction between different categories of service providers, be they individuals, partnership concerns or the incorporated ..... the appeal of the appellants is directed against the impugned order passed by the commissioner (appeals), whereunder their appeal against the order-in-original was ..... the service tax was levied on the appellants in respect of "the consulting engineer's services" rendered by .....

Daga Containers (P.) Ltd. Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)6SOT666(Mum.)

..... in which it is incurred against any source of income except his winnings from races nor is it allowed to be carried forward to be set off against income from any source in any subsequent year.the finance act, 1974, has amended section 74a so as to provide that the losses incurred by owners of race horses in the activity of owning and maintaining such horses, to the extent these cannot be set off against ..... casual and non-recurring nature exempt from tax.while bringing such income to tax, a provision for the carry forward and set off of losses from such sources has also been made by the finance act, 1972, by inserting a new section 74a ..... be set off against income, if any, from any source other than the activity of owning and maintaining race horses in that year and shall, subject to the other provisions of this chapter, be carried forward to the following assessment year and (a) it shall be set off against the income, if any, from the activity of owning and maintaining race horses, assessable for that ..... direct taxes ..... this appeal by the assessee is directed against the order of the commissioner (appeals) on a solitary ground that the loss incurred on breeding of horse not to be treated as loss incurred on running and maintenance of horse as per provisions of section 74a of the income tax act, 1961.during the course of hearing it was ..... of the assessee and held that horse breeding activity is directly connected with the horse racing activities and accordingly recomputed horse racing .....

Indian National Shipowners Association Vs. Union of India (Uoi)

Court : Mumbai

Reported in : (2009)222CTR(Bom)234; [2009]16STJ175; 2009[13]STR235

..... powers conferred by clause (a) of sub-section (6) of section 6, and clause (a) of sub-section (7) of section 7, of the territorial waters, continental shelf, exclusive economic zone, and other maritime zones act, 1976 (80 of 1976), the central government hereby extends the provisions chapter v of the finance act (32 of 1994) to the designated areas in the continental shelf and exclusive economic zone of india as declared by the notifications of the government of india in the ministry of external affairs nos. s.o ..... the learned counsel appearing for the petitioners submitted that though the service tax was introduced for the first time in the chapter v of the finance act, 1994 in the year 1997 the definition of the term ' ..... of india ministry of finance (department of revenue)central board of excise & customs, new delhii am directed to say that question has arisen whether services provided outside the limits of the indian territorial waters are liable to service tax or not.the matter ..... further that where the provider of the service has his business establishment both in that country and elsewhere, the country, where the establishment of the provider of service directly concerned with the provision of service is located, shall be treated as the country from which the service is provided or to be provided ..... , the liability cast upon the recipient of service has a direct connection with him and there exists a direct nexus between recipient of these services from foreign based service .....

Commissioner of Income-tax Bombay City-i Vs. N.U.C. Private Ltd.

Court : Mumbai

Reported in : [1980]126ITR377(Bom); [1980]4TAXMAN436(Bom)

..... shri khatri then referred to the circular dated february 17, 1973, of the central board of direct taxes reproduced in [1973] 88 itr 80, to contend that although the assessee-company was engaged in the business of construction of buildings, it was also at the same time manufacturing or processing window frames, door frames, cement beams and slabs, and the ..... 2(7)(d) of chapter ii of the finance act, 1966 ? ..... ii of the finance act, 1966, which directly falls for consideration in the present case. ..... ii of the finance act, 1966.10. ..... ii of the finance act, 1966, the assessee-company will be an industrial company. ..... ii of the finance act, 1966. ..... ii of the finance act, 1966 ?'2. ..... the court found that there was no statutory definition given of the said expression anywhere in the act and, therefore, it had to fall back upon the general definition of an industrial undertaking. ..... it is by reference to the definitions given in the said dictionary and the said act that the court there concluded that the assessed-firms which had undertaken construction of an irrigation project were industrial undertakings. ..... 109(iii) of the act and hence the company having declared more than 45% as net dividend it was exempt from levy of super-tax at a higher rate of 65%. ..... 104 of the act since it was an industrial company and had distributed more than 45% of its total profits and gains as dividends within the 12 months immediately following the expiry of the previous year. ..... act, 1961 (hereinafter referred to as 'the act') .....

Vodafone International Holdings B.V., a Company Incorporated Under the ...

Court : Mumbai

Reported in : 2009(4)BomCR258; (2008)220CTR(Bom)649; [2009]311ITR46(Bom)

..... cgp) would give rise to a charge to tax in india.iii) the provisions of section 195 of the income tax act, 1961 (the act) and the impugned show cause notice are not extra-territorial in their operation;iv) the petitioner would be an assessee in default even in accordance with the language of section 201 prior to the amendments made by the finance act, 2008; andv) the amendments made by the finance act, 2008 are not violative of article 14 of ..... was selling its 67% stock in india for us$ 11.1 billion, based on an enterprise value of hel of us/$ 18.8 billion and was expected to realize an estimated 'before tax gain' of approximately us$ 9.6 billion from the transaction.20th february, 2007:petitioner's application to the fipb for approval of direct acquisition of 51.96% stock in hel.15th march, 2007:settlement agreement between htil and essar group disclosing htil's agreement to dispose off its 'htil interests' to the petitioner. ..... .e) transfer of management rights:it is clear from the various declarations made supra by htil, that the purpose of transfer of its interest in hel was to enable the petitioner to acquire controlling interest in hel by acquiring 67% direct and indirect equity and loan interest, held by htil through its subsidiaries, in hel and thus acquire the right to manage hel by appointing its own directors on the board. ..... that even where there is failure to deduct tax in accordance with the provisions of that chapter, 'income-tax shall be payable by the assessee direct'. .....

Indian Hotels and Restaurant Association Represented by Its Treasurer ...

Court : Mumbai

..... while so, the central government by the finance act, 2011 made an amendment to chapter v of the finance act 1994, relating to service tax, inserting sub-clause (zzzzv) to clause 105 of section 65, thereby, including one more category within the service tax net. ..... in this context if one refers to amendment to the finance act and chapter-v of the finance act, 1994, it would be clear that what is imposed is a service tax. ..... by this writ petition under article 226 of the constitution of india, the petitioners are claiming a writ, order or direction declaring clause (zzzzv) of section 65(105) of the finance act, 2010 as ultravires the constitution of india, null, void and of no legal affect. ..... consequently, the relief restraining the respondents from giving effect to the said provision directly or indirectly, so also, levying or attempting to levy any service tax under the impugned provision is also claimed. 4. ..... we, therefore, direct that the state of maharashtra shall henceforth not make assessments of the tax on the supply of food and drink on hotel owners who provide lodging and boarding for a composite sum until it frames rules that set out formulae for such assessment which take account of the fact .....

M/S. Vodafone India Service Pvt. Ltd., (Formerly Known as 3 Global Ser ...

Court : Mumbai

..... clauses 12, 13 and 23 of the finance bill 2011 relating to direct taxes which sought to amend the act. ..... under sub-section (3), the assessing officer may compute the total income of the assessee having regard to the arms length price so determined: provided that no deduction under [section 10-a or section 10-aa or section 10-b] or under chapter vi-a shall be allowed in respect of the amount of income by which the total income of the assessee is enhanced after computation of income under this sub-section: provided further that where the total income of an associated ..... thereof read as under : 1.1 definitions "affiliate" when used with reference to any corporate entity shall mean another company controlled by, controlling or under common control with that entity, where "control" means either (i) the ownership, either directly or indirectly, of more than fifty percent (50%) of the voting shares or comparable interests in such entity or other company, as the case may be, or (ii) the right to elect the majority of the directors of such entity ..... . income tax officer, (1973) 87 itr 539 = (1973) 1 scc 633, the appellate bench appears to have been under the impression that the income tax officer was the sole judge of the fact whether the firm in ..... (1973) 1 scc 813, the question that arose for consideration was whether section 11-a of the industrial disputes act applied to industrial disputes which had already been referred for adjudication and were pending ..... (1973) 1 scc 813, which was relied upon .....

M/s. D.P. Jain and Company Infrastructure Pvt. Ltd. Vs. Union of India ...

Court : Mumbai

..... dated 27-jul-2009 roads exemption from service tax to management, maintenance or repair of roads in exercise of the powers conferred by sub-section (1) of section 93 of the finance act, 1994 (32 of 1994) (hereinafter referred to as the finance act), the central government, on being satisfied that it is necessary in the public interest so to do, hereby exempts the taxable service, referred to in sub-clause (zzg) of clause (105) of section 65 of the finance act, 1994, provided to any person by any other person in relation to management, maintenance or repair of ..... of value and all other provisions of chapter v of the finance act, 1994 is identical to both these ..... this court, vide order dated 29th november, 2012 quashed and set aside the stay order and directed the appellate tribunal to hear the appeal on its own merits without any requirement of pre- ..... the adjudicating authority was directed to consider the plea of the petitioner for exclusion of the value of the material and also the plea that majority demand of tax is barred by limitation ..... writ petition, we had granted rule on 22nd february, 2016 and directed that it be heard along with central excise appeal no. ..... s/1059/12/cstb/c-ii dated 30th july, 2012 directed the petitioners to deposit a sum of rs.3 ..... vide letter dated 19th august, 2010, filed the documents as directed by the superintendent in the aforesaid letter. 9. ..... we having admitted it and directed that it will be heard along with the appeal that the rival contentions now need to .....