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Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

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

..... and shri subroto bhattacharya, assessee-interveners submitted that: the legislative intent behind the introduction of special procedure for assessment of undisclosed[income found during search by introduction of chapter xivb by finance act, 1995, with effect from 1.7.1995, as well as the findings of the special bench of the tribunal in the case of nawal kishore & sons v ..... code for the computation of undisclosed income and also for bringing it to tax, and as there is no reference at all to any provision of the finance act in the chapter before the insertion of the proviso to section 113, the levy of surcharge for the years falling before 1.6.2002, i.e. the date of ..... be given effect to. this contention of the revenue cannot be accepted for the reason that it was by the finance act, 1995, that chapter xivb of the income-tax act, 1961, was introduced and it is in the same finance act, under section 2(7) reference to section 113 has appeared for the purpose of payment of advance tax as well .....

Ouseph Mathew and Company Vs. Income-tax Officer and ors.

Court : Kerala

Reported in : [1999]240ITR668(Ker)

..... filed under section 245c will be disposed of as per the provisions of that chapter and the settlement commission is not in any way bound by the other provisions of the act, in particular section 186 of the act. it is further submitted that the amendment by way of the finance act, 1987, was introduced with effect from june 1, 1987, only for the ..... the issue that is involved in this original petition, it is not necessary to mention the entire factual details. suffice it to say, that the petitioner filed return for 1978-79 and the assessment for the said year was pending. at that stage, the petitioner filed a petition before the settlement commission to have the case settled in terms of ..... the parties.2. the point that is now taken by the petitioner is that the return filed for the year 1978-79 is for the period ending on march 31, 1979, and that cancellation of registration under section 186 of the act can be made only within a period of eight years from march 31, 1979, i.e., on or before .....

Cargo Clearing Agency (Gujarat) Vs. Joint Commissioner of Income Tax

Court : Gujarat

Reported in : (2008)218CTR(Guj)541; [2008]307ITR1(Guj)

..... from 1st july, 1995 and will, accordingly, apply in relation to the assessment year 1996-97 and subsequent years.12.3. the finance act, 2001 carried out certain amendments in chapter xiv-b of the act. but the said amendments were made effective from 01.06.2001. the relevant extract of cbdt circular no. 14/2001-04 dated 12 ..... by section 158bb. if section 4 has to be read with section 158bb for computing undisclosed income then the provisions of the relevant finance act have got to be read into the block assessment scheme under chapter xiv-b, even prior to june 1, 2002.15. under section 158bb, there is the theory of 'block period'. it is ..... special procedure for assessment of search cases. the legislative history of the said chapter, inclusive of all relevant amendments till date, may be borne in mind to appreciate the controversy. the said chapter was inserted by the finance act, 1995. the scope and effect of the said chapter has been explained by central board of direct taxes (cbdt) by issuing .....

Jodhpur Chartered Accountants Society and anr., Vs. Union of India (Uo ...

Court : Rajasthan

Reported in : [2003]264ITR529(Raj); 2006[3]STR344; 2002WLC(Raj)UC708

..... sector' distinct from the profession, trade, calling, employment, etc. (b) legislative history : parliament introduced service tax by the finance act, 1994, which received the assent of the president of india on may 13, 1994 (hereinafter referred to as 'the act of 1994'). chapter v of the act of 1994 relates to service tax and the same applies to the taxable services enumerated therein. in exercise ..... accountants in relation to accounting, auditing and certification services provided by them in their professional capacity. for convenience some of the relevant provisions of the finance (no. 2) act, 1998, are extracted as follows : '65. definitions.--in this chapter, unless the context otherwise requires,--. . . (5) 'architect' means any person whose name is, for the time being, entered in the register of architects maintained .....

Tamil Nadu Hotels Association Vs. Union of India (Uoi)

Court : Chennai

Reported in : 2001(78)ECC584; 2001(133)ELT265(Mad); 2006[2]STR513

..... be necessary to understand the controversy.2. it is common knowledge that while presenting the budget in the year 1994-95, the finance minister proposed to introduce a tax on certain services and pursuant to the same, chapter v of the finance act, 1994 introduced provisions for the levy of the tax known as the 'service tax', which was defined as the tax chargeable ..... under the provisions of chapter v. this tax was to apply to all the 'taxable services' provided after the commencement of chapter v. section 66 of the finance act, 1994 is a charging section. few other provisions would be necessary to be seen. section 65(16) as it .....

intercontinental Consultants and Technorats Pvt. L Vs. U.O.i. and anr.

Court : Delhi

..... petitioner got itself registered with the service tax department as consulting engineering services and was paying service tax since 1997 regularly.7. service tax was introduced by chapter v of the finance act, 1994. section 65 (105) defined taxable service. it contains several clauses but, herein we are concerned only with clause (g) which is applicable ..... of service tax. the petitioner also contends, in the alternative that the said rule is ultra vires of the provisions of section 66 and 67 of chapter v of the finance act, 1994.2. the petitioner is a company providing consulting engineering services. it specialises in highways, structures, airports, urban and rural infrastructural projects and ..... such manner as may be prescribed. section 67 of the act as it stood before being substituted by the finance act, 2006, w. e. f. 01.05.2006 was as under:67. valuation of taxable services for charging service tax for the purposes of this chapter, the value of any taxable service shall be the gross .....

Rajasthan State Electricity Board Vs. Trilok Chand

Court : Rajasthan State Consumer Disputes Redressal Commission SCDRC Jaipur

..... complaint, the complainant could not institute the suit for restoration of electric supply and compensation. it may be stated here that chapters i, ii and iv of the act came into force on 15.4.87 and chapter iii came into force on 1.7.87. the complaint is highly belated inasmuch as the disconnection of the electric supply was ..... national commission). it was observed therein- "as indicated above, by us in some of our earlier judgments, the award of compensation by the forums established under the act has to be made only on well recognised legal principles governing the quantification of damages or compensation. the compensation to be awarded has to be quantified on a rational ..... of, loss or injury was suffered by him. it is only in such event that award of compensation is warranted under the provisions of sec. 14(1)(d) of the act, (see consumer unity society, calcutta v. chairman and the managing director, bank of baroda (original petition no. 2/88, decided on may 18,1989, by the national .....

Commissioner of Income Tax vs.m. S. Aggarwal

Court : Delhi

..... income the first issue as indicated above concerns the 29. and as scope contemplated under chapter xiv b of the income-tax act. chapter xiv-b consisting of sections 158b to section 158bh was introduced by the finance act, 1995 with effect from 1.7.1995 to make procedure of assessment of search cases more ..... of section 32 shall not be set off against the undisclosed income determined in the block assessment under this chapter, but may be carried forward for being set off in the regular assessments. (underlined portion was inserted by finance act, 2002 w.r.e.f. 1st july, 1995. prior to its substitution, clause (c) read ..... introduced with effect from 1st july, 1995 by finance act, 1995. the provisions of this chapter have undergone several amendments, including some with retrospective effect from 1st july, 1995 by finance act, 2002. this has resulted in confusion and divergent interpretation of provisions of the said chapter. initially undisclosed income relating to the block period was .....

Delhi Transport Corporation Vs. Commissioner Service Tax

Court : Delhi

..... appeals, the jurisdictional commissioner was directed to give credit for remittance, if any, made on such account.15. service tax was introduced, for the first time, by chapter v of the finance act, 1994 and has continued to be enforced in terms of such legislation, though amended several times. by virtue of section 68, read with rule 6(1) of the ..... and recovered under the proviso to the section 73(1) read with section 68 of the finance act, 1994 and rule 6 of service tax rules, 1994 and education cess under section 95 of finance act (no.2) 2004 read with section 66 of the chapter - v of finance act, 1994; (ii) interest at the appropriate rates on the said amount of 7,19, ..... 01,91 0 t - (three 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 .....

Sicpa India Pvt. Ltd. Vs. Union of India

Court : Kolkata

..... security printing inks is not registered in india and the same, therefore, prima facie will not be covered under section 65 (105) (zzr) of chapter v of the finance act, 1994. as such, prima facie, service tax liability will not be attracted to the transfer of the said technical know-how by the swiss company ..... also to stipulate condition as required to safeguard the interest of revenue. (14) i have considered the rival contentions of the parties. (15) under chapter v of the finance act, 1994, taxable service means service provided or to be provided to any person by the holder of intellectual property right, in relation to intellectual property ..... cestat. (7) the petitioner has drawn this court s attention to various provisions of chapter v of the finance act, 1994 and chapter va of the finance act, 2003 which deal with service tax. the relevant clauses are set out hereinbelow: s. 65. in this chapter, unless the context otherwise requires,- (55a) intellectual property right means any right to .....