Judgment Search Results Home > Cases Phrase: finance act 1973 section 27 amendment of act 1 of 1944 Page 11 of about 1,135 results (0.129 seconds)

Pl. Vrm. Ramaswamy Chettiar Vs. Assistant Controller of Estate Duty

Court : Chennai

Reported in : [1973]92ITR195(Mad)

..... dymond on death duties, 14th edition, at page 1029, traces thehistory of estate duty legislation in england and states that under sections 1and 2 of the finance act, 1894, estate duty was payable prima facie inrespect of all property passing or deemed to pass on death without referenceto its situation, but by section 2(2) of the finance act, 1923, and by section 24 of the finance act, 1936, had later limited the duty in respectof properties situate out of great britain in certain-circumstances. ..... finance act of 1849 and section 24 of the u.k. ..... that the order of the respondent treating the interest of the deceased in the said foreign firm as a foreign movable and bringing it to charge tinder the provisions of the act is ex facie illegal and without jurisdiction, that section 5 read along with the definition of the word 'property' in section 2(15) enables a tax to be levied only on local 'property passing or deemed to pass on the death of the person', and that they will not enable the foreign property, ..... harbhajan singh dhillon : [1972]83itr582(sc) in support of his submission that the scope ofthe legislation is to be gathered from the charging section, that section 5 ofthe act, which is the charging section, read along with the definition of'property' in section 2(15), operates only on the property in indiapassing on the death of the deceased, and that it is only by section 21,foreign movables are added to the estate of the deceased passing on death and thus brought to charge. .....

M/S. Tarachandra Engineering Pvt.Ltd. Vs. Cce Vadodara-i

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Ahmedabad

..... accordingly, it is held that no penalty under section 78 of the finance act, 1994 is imposable upon the appellant by virtue of proviso of section 80 of finance act, 1994. 5. ..... on receipt of st-3 returns, revenue issued a show cause notice for penal action and penalties under section 77 and 78 of finance act, 1994 were imposed upon the appellant. ..... that inspite of this fact, it was held by delhi cestat that penalty under section 78 is not imposable as per section 80 of finance act, 1994. 3. ..... in the appeal filed before the first appellate authority, penalties imposed under section 77 and 78 of finance act, 1994 were upheld. ..... in view of the above observations, the appeal filed by the appellant is allowed by extending the benefit of section 80 of the finance act, 1994. ..... of service tax was not detected by the revenue, therefore, the reasonable cause explained by the advocate, on account of an accident of the proprietor of the appellant and their financial difficulties are justifiable reasons for the purpose of section 80 of finance act, 1994. ..... it was his case that as there was a reasonable cause for delay in filing the returns and payment of service tax, therefore, their case is covered by the provisions to section 80 of finance act, 1994. ..... in addition, the appellant is also engaged in rendering taxable services under the category of management, maintenance and repair services as defined under section 65 (108)(zzg) of finance act, 1994. .....

M/S. Samtech Industries and Others Vs. C.C.E. Kanpur and and Others

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi

..... cce, bhopal reported in 2011(23) - str-608 pleaded that the contracts of the appellant with their customers were for repair of transformers, that when repair and maintenance service is taxable and in term of section 67 of the finance act, 1994, service tax is chargeable on the gross amount charged, value of the goods used for providing service would have to be included in the assessable value of the service, that in terms of the provisions of rule 5(1) of the ..... however, this rule has been struck down as ultra vires the provisions of section 66 and section 67 of the finance act, 1994 by honble delhi court in the case of intercontinental consultants and technocrafts pvt. ..... passed by cce noida rs.2,88,01,574 along with interest u/s 75 of finance act, 1994 rs.2,88,01,574 u/s 76,77 and 78 of the finance act, 1994 against the above orders these appeals have been filed. 2 ..... passed by cce meerut rs.3,37,45,549 along with interest u/s 75 of finance act, 1994 rs.3,37,45,549 u/s78,rs.200/- per day, u/s/ 76 and rs ..... 28.11.11, passed by cce, lucknow 2,21,12,729/-along with interest u/s 75 of finance act, 1994 2,21,12,729/ u/s 78 ibid and rs.10,000/- u/s 77 ibid 4. ..... by cce, noida rs.62,84,767/- along with interest u/s 75 of finance act, 1994 rs.62,84,767/- u/s 78 and rs. ..... by cce, noida 1,32,62,762/- along with interest u/s 75 of finance act, 1994 1,32,62,762/ u/s 78 ibid. 3. m/s. ..... 11passed by cce, kanpur rs.1,84,92,181 along with interest u/s 75 of finance act, 1994 rs.1,84,92,181 u/s 78 and rs. .....

M/S. Chillies Exports House Ltd. Vs. Commissioner of Income-tax

Court : Supreme Court of India

Reported in : AIR1997SC2223; (1997)140CTR(SC)1; [1997]225ITR814(SC); JT1997(4)SC705; 1997(3)SCALE562; (1997)5SCC157; [1997]3SCR907

..... basis of these facts, the high court in the earlier decision : [1978]115itr73(mad) : [1978]115itr73(mad) concluded that the relevant section of the finance act - section 2(6)(c) - suggests that the appellant company itself should engage in the entire activity which leads to the final processing of the goods. ..... assessment year 1974-75, we are concerned with the finance act of 1974, section 2(8)(c); for the assessment year 1976-77 finance act, 1976, section 2(9)(c); and for the assessment year 1977-78 finance act no. ..... by outside agencies on behalf of the assessee and charges, therefor, were paid by the assessee, the assessee was engaged in manufacture and processing of the goods and was an industrial company within the meaning of section 2(6)(c) of the finance act, 1972. ..... the madras high court relating to the same assessee-appellant for the assessment year 1971-72 and the court held that the assessee is not an industrial company coming within the meaning of section 2(6)(c) of the finance act no. ..... provision occurring as section 2(6)(c) of the finance act no. ..... that arises for consideration is whether the appellant-assessee is an 'industrial company' within the meaning of the finance act aforesaid (hereinafter referred to as the act) and the tax should be levied at the concessional rate of 55% only. ..... to a few decisions by both the sides to understand the scope of the word 'processing' contained in the respective finance acts and also as to how it was understood by the board of direct taxes. .....

Commissioner of Wealth Tax Vs. Cadmach Machinery Co. Pvt. Ltd.

Court : Gujarat

Reported in : (2007)212CTR(Guj)285

..... submitted that the reference was restricted to the issue arising in the assessment year 1986-87 and the subsequent amendment of clause (v) of sub-section (3) of section 40 of the finance act, 1983 did not make any difference insofar as the issue was confined to interpretation and application of the provisions of section 40(3)(vi) of the finance act, 1983. ..... amendment of act (11 of 1983)- in section 40 of the finance act ..... error in deleting the value of the factory and research buildings which were under construction and not in actual use for the purpose of business as contemplated under the provisions of section 40(3)(vi) of the finance act, 1983 and that in allowing the claim of the assessee, the tribunal had misread the plain and simple language of the said provisions. ..... for the purposes of its business or as residential accommodation for its employees whose income chargeable under the head 'salaries' is ten thousand rupees or less:subsequently, in the year 1988, under section 87 of the finance act, 1988, the above provision was amended. ..... he submitted that, though the amendment by way of finance act, 1988 was effected in the year 1988 ..... 36 itd 448 and appreciating the provisions of section 40 of the finance act, 1983, allowed the claim of the assessee ..... therefore, if the amendment brought about by the finance act, 1988 were given retrospective effect, an anomalous situation of the same asset being liable to wealth tax only during the period of construction would arise, according to the .....

Markfed Oil and Allied Industries Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2002)(84)ECC860

..... by the officers subordinate to him; that the only issue taken up by the deputy commissioner under the adjudication order was with regard to imposition of penalty under section 77 for not filing the returns under section 70 of the finance act, 1994; that there was no proposal in the show cause notice for levy of service tax or interest; that there was also no adjudication on these issues ..... udyog bharti case; that subsequently, the parliament validated certain actions taken under service tax rules under section 117 of the finance act, 2000 retrospectively; that the commissioner thereafter revised the order passed by the deputy commissioner under impugned order in exercise of powers under section 84 of the finance act, 1994, directing them to calculate and supply the gross freight figures for the period 16-11-97 to ..... tax payable will be known to the department only after the person responsible to pay the service tax files the quarterly returns as required under provisions of section 70 of the finance act, 1994; that unless and until the return is filed, there is nothing available with the department to verify the services rendered on which the duty could be assessed ..... ; that the superintendent had issued a show cause notice dated 12-5-99 directing them to show cause as to why the penalty under section 77 of the finance act may not be levied on account of their failure to file the returns of the service tax; that the deputy commissioner under order dated 14-12-2001 dropped the .....

Shree Shyam Filaments Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2004)(176)ELT512TriDel

..... by the appellants in their memorandum of appeal that they had taken the credit of duty paid on hsd oil under rule 57 b of the central excise rules, 1944; that section 112 of the finance act, 2000 provided that credit is not admissible in respect of hsd oil with retrospective effect; that the validity of the provisions of disallowing the modvat credit with retrospective effect ..... are pending in rajasthan high court supreme court as the appellants themselves have not challenged the validity of the said section of the finance act, 2000 in any high court of supreme court not there any appeal filed by them is pending in supreme court ..... section 112 of the finance act, 2000 clearly provides that notwithstanding anything contained in any judgment, decree or order of court, tribunal or other authority, no credit of any duty paid on high speed diesel oil at any time during the period from 16.3.95 and up to the day the finance act, 2000 receives the assent of the president shall be deemed to be admissible under rule 57 a or 57 b of 57 d or any other rule of the central excise rules, 1944 ..... it is, further mentioned in the memorandum of appeal that in order to invoke section 112 (2)(b) of the finance act for levy of interest, it is absolutely necessary that the adjudication orders in pursuance of the show cause notice should have been passed during the period 16.3.95 to 12.5.2000; that section 112 only validates demand which has already been adjudicated by the show cause notice; that the said .....

M/S Rochem Separation Systems (i) Pvt. Ltd. Vs. Commissioner of Centra ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... the contention of the applicant is that provisions of rule 6 were retrospectively amended by section 73 of the finance act, 2010 and as per the provisions of retrospective amendment in case where the manufacturer is availing credit in respect of the common inputs common input services and the same are being used in exempted as well as excisable goods, the manufacturer has to reverse the credit attributed ..... the contention is that the rejection of the declaration filed under section 73 of the finance act is not sustainable as the commissioner of central excise has no power to reject ..... the commissioner of central excise rejected the declaration filed under section 73 of the finance act on the ground that the applicant had not correctly reversed the credit attributable to input services used in or in relation to manufacture of the ..... as noted above, the order rejecting the application under section 73 of the finance act, 2010 is not sustainable, therefore, the impugned orders rejecting the application as well as demanding duty in view of the provisions of rule 6(3)(b) of the cenvat credit rules are set aside and the matter is remanded to ..... the contention of the applicant is that as per provisions of section 73 of the finance act the commissioner of central excise on receipt of application in respect of reversal of credit attributable to the common input services used in or in relation of manufacture of exempted goods can verify the correctness of the amount paid within a period of .....

Maganti Rama Rao Vs. the Commissioner of Central Excise Hyderabad-iii ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

..... the demand of service tax of rs.1,96,184/- (st-192161+e.cess-4022) as detailed in annexure-i to this order, towards service tax not paid under section 66 of finance act, 1944. ..... the show-cause notice was issued in january 2009 invoking the proviso to section 73(1) of the finance act, 1994 on the alleged ground of suppression with intent to evade payment of ..... from imposing any penalties under section 76 or section 78 of finance act 1994 drawing powers from section 80 of finance act 1994. 4. ..... the adjudicating authority also invoked section 80 of the finance act, 1994 to drop all penal proposals raised in the ..... on this basis, the benefit of section 80 of the finance act, 1994 was given to the assessee by the adjudicating ..... the view that the facts and circumstances of this case did not provide any ground for the appellant to claim the benefit of section 80 of the finance act, 1994. ..... section 65 (76a) of the finance act, 1994 defined outdoor caterer as follows for the period prior to 16.6.2005: (76a) outdoor caterer means a caterer engaged in providing services in connection with catering at a place other than ..... 4.1 after an amendment of the definition by the finance act, 2005, the definition reads as follows: (76a) outdoor caterer means a caterer engaged in providing services in connection with catering at a place other than his own but including a place provided by way of tenancy or otherwise by ..... period from 16.6.2005, there is no room for doubt inasmuch as the amended definition is explicit. .....

P. John Joseph and Others Vs. The Joint Commissioner of Central Excise ...

Court : Chennai

..... in original dated 09.11.2016, wherein and whereby they were called upon to pay service tax of rs.42,74,690/-, 45,16,388/-, 42,60,539/-, 13,99,355/- under section 73(2) of the finance act, 1994, interest at the applicable rates under section 75 of the finance act, 1994 and penalty of rs.42,74,690/-, 45,16,388/-, 42,60,539/-, 13,99,355/- under section 78(1) read with section 78b(1)(b) of the finance act, 1994, a penalty of rs.10,000/- each under section 77(1)(a) of the finance act, 1994 and further penalty of rs.10,000/- each under section 77(2) of the finance act, 1994 respectively. 2. ..... si.no.76/2016-st (jc) dated 09.11.2016 and quashing the same and consequently, direct the respondent to adjudicate the matter afresh after issuing fresh show cause notice within the jurisdiction of section 73 of the finance act, 1994 by incorporating the materials collected from the courier agency. ..... si.no.77/2016-st (jc) dated 09.11.2016 and quashing the same and consequently, direct the respondent to adjudicate the matter afresh after issuing fresh show cause notice within the jurisdiction of section 73 of the finance act, 1994 by incorporating the materials collected from the courier agency. ..... original si.no.75/2016-st (jc) dated 09.11.2016 and quashing the same and consequently, direct the respondent to adjudicate the matter afresh after issuing fresh show cause notice within the jurisdiction of section 73 of the finance act, 1994 by incorporating the materials collected from the courier agency. .....