Judgment Search Results Home > Cases Phrase: finance act 1978 chapter iii direct taxes Page 13 of about 15,464 results (0.146 seconds)

The Commissioner of Income Tax Vs. Dugdh Utpadak Sahkari Sangh Ltd.

Court : Allahabad

Reported in : (2006)202CTR(All)343

..... was inserted by finance (no.2) act, 1980 with effect from 1stapril, 1981. section 80b(5) of the act is of no relevance as it defines gross total income. it does not specify as to whether deduction of the gross income or net income has to be given under chapter vi a of the act. section 80ab of the act as it stood during ..... for the purpose of computing the deduction under that section, the amount of income of that nature as computed in accordance with the provisions of this act (before making any deduction under this chapter) shall alone be deemed to be the amount of income of that nature which is derived or received by the assessee and which is included in ..... the applicability of the later judgment to the facts under consideration on it.'12. it may be mentioned here that the legislature by the finance (no.2) act, 1980 had introduced sections 80aa and 80ab into the act by the reason of the interpretation placed by the apex court upon section 80m in cloth traders (p.) ltd.'s case. section 80aa .....

Kiran House and ors. Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : (1999)122PLR695

..... has been extended to various other services. the provisions as enacted after the finance act of 1998 are contained in chapter v of 'nabhi's service tax guidelines.' the levy extends to the whole of india except the state of jammu and kashmir. section 65 defines various ..... no. 49/98-service tax new delhi, dated the 2nd june, 1998, 12 jayishtha, 1920 (saka).gsr(e)-in exercise of the powers conferred by section 93 of the finance act, 1994 (32 of 1994) the central government, being satisfied that it is necessary in the public interest so to do, hereby exempts the taxable services provided:-(a) to ..... the show cause notices, a copy of one of which has been produced as annexure p.2, be quashed.3. the concept of 'service tax' was introduced by the finance act of 1994. initially, the service tax was imposed in regard to the telephone, insurance and stock brokerage services. with the passing of years, the levy of service tax .....

Gujarat Ambuja Cements Ltd. and anr. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR2005SC3020; (2005)4CompLJ440(SC); (2005)194CTR(SC)428; 2005(99)ECC377; 2005(182)ELT33(SC); [2005]274ITR194(SC); JT2005(Suppl3)SC389; (2005)4SCC214; 2006[3]STR608; 200

..... provides:'during the period commencing on and from 16th day of july, 1997 and ending with the 16th day of october 1998, the provisions of chapter v of finance act, 1994, as modified by section 116 of the finance act, 2000, shall have effect subject to the following further modifications, namely; -(a) in section 68, in sub-section (1), the following proviso ..... the recipients of other kinds of similar services were not subjected to such imposition.3. service tax was introduced for the first time under chapter v of the finance act, 1994. section 66 of the act was the charging section and provided for the levy of service tax at the rate of five per cent of the value of the ..... of 1994.--during the period commencing on and from the 16th day of july, 1997 and ending with the 16th day of october, 1998, the provisions of chapter v of the finance act 1994 shall be deemed to have had effect subject to the following modifications, namely:-(a) in section 65.-(1) for clause (6), the following clause had .....

Commissioner of Income Tax Vs. Jindal Exports Ltd. and ors.

Court : Delhi

Reported in : (2009)221CTR(Del)8; [2009]314ITR137(Delhi); [2009]179TAXMAN391(Delhi)

..... of total income under section 143(1) or completion of regular assessment. and, significantly, this conclusion is not dependent upon the amendment brought about by the finance act, 2006 which makes the position explicit and beyond doubt. it is also noteworthy that the said circular no. 14 of 2006 itself recognizes the fact that the ..... refund of the excess tax paid. this was an unintended result and it is for this reason that the curative and clarificatory amendments were brought in by the finance act, 2006. it was submitted that the circular no. 14 of 2006 (2007) 207 ctr 17 itself recognizes the curative nature of the amendments. consequently, it ..... bombay high court decision in cit v. kotak mahindra finance ltd. : [2004]265itr119(bom) for explaining the scope of sections 234b and 234c. the bombay high court observed that:section 234b and section 234c fall under chapter xvii of the it act which deals with collection and recovery. chapter xvii-f deals with interest chargeable in certain cases. .....

Jodhpur Chartered Accountants Society and anr. Vs. Union of India and ...

Court : Rajasthan

Reported in : (2002)176CTR(Raj)177

..... , calling, employment, etc.(b) legislative history5. the parliament introduced service-tax by finance act, 1994, which received assent of the president of india on 30-5-1994 (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 ..... and certification services provided by them in their professional capacity. for the convenience some of the relevant provisions of the finance (no. 2) act, 1998, are extracted as follows'section 65. definitions.-in this chapter, unless the context otherwise requires,................(5) 'architect' means any person whose name is, for the time being, ..... a taxing statute, the doctrine of aspect legislation' must be kept in mind.'thus, examining from aforesaid angle also the challenge to the impugned finance act does not survive.(d) discrimination 15. turning to the contention with regard to discrimination, it is well established that the legislature enjoys a wide .....

Shaw Wallace and Co. Ltd. Vs. Assistant Commissioner of Income-tax and ...

Court : Kolkata

Reported in : (1999)154CTR(Cal)105,[1999]238ITR13(Cal)

..... 113 irrespective of the previous year. in my opinion, sub-section (2) of section 158ba has to be interpreted in this manner that whatever the finance act the undisclosed income as assessed under chapter xivb must be taxed at the rate mentioned in section 113 notwithstanding the different rates for the different years. there is a three-clause explanation added to ..... income is charged to tax at 60 per cent, irrespective of what rates or slabs the finance act of the corresponding opened up block years had provided at the material time.6. the above is a very rough and ready overall view of chapter xivb. it is necessary to have this overall view to see the facts of this case ..... of block assessment could not be made at all. it is possible that under the chapter xivb procedure the defaulting assessee would be a gainer in that 60 per cent. of rs. 1 lakh might be less than the taxation at the rate of the finance act applicable on rs. 1 lakh plus interest thereon.58. however, the matter is usally .....

Brij Lal and ors. Vs. Commissioner of Income Tax, Jalandhar.

Court : Supreme Court of India

Reported in : (2011)1SCC1

..... matter covered by such order shall, save as otherwise provided in this chapter, be reopened in any proceeding under this act or under any other law for the time being in force. 5. at this stage, it may be noted that section 245c stood substituted by finance act, 2007, w.e.f. 1.6.2007. prior to its substitution ..... settlement commission. however, parliament has not extended the provisions and the liability to pay interest beyond the date of application for settlement. this is the position even after finance act of 2007. once this position is taken, section 140a is attracted. when an assessee has paid interest under sections 234a, b and c in self-assessment under ..... that the applicant had furnished his return of income and that the additional tax payable on such income exceeds the specified amount. this was the position prior to finance act of 2007. however, section 245c(1a) inter alia provides that additional amount of income tax payable in respect of the income disclosed shall be calculated in .....

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

Court : Mumbai

..... is incompetent to impose and levy a tax on services provided in an air-conditioned restaurant. 46. 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. to enable imposition thereof, a taxable service? has been defined to mean ..... a number of services were sought to be made exigible to service tax by way of amendments to section 65 of the finance act. 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 ..... naidu and bros. and others v/s state of t.n. and another. (5) (2002) 127 stc 475 cosmopolitan club v/s tamil nadu taxation special tribunal. (6) (1978) 4 scc 36 northern india caterers (india) ltd. v/s lt. governor of delhi. (7) (1989) 3 scc 634 federation of hotel and restaurant association of india v/s .....

The 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 .....

Mahavir Generics Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2004)(95)ECC54

..... been functioning as their consignment agent for sale of their products throughout india. when service tax was introduced on clearing and forwarding agent service under chapter 5 of finance act 1944 w.e.f.16.7.97 the appellants got themselves registered with the central excise authorities and started paying service tax on the commission ..... commissionerate vide his order dated 31.12.2001 directed the appellant to continue their registration as clearing and forwarding agent and to comply with the provisions of finance act, 1994 and the rules thereunder. the appeal filed by the assessee was dismissed by the commissioner (appeals) under the order impugned. the issue that comes ..... manner, the service cannot be taxed even if the consignment agent is brought under the definition of clearing and forwarding agent. under the scheme of the finance act 1994 with relation to service tax, the tax liability is attached to the taxable service. so long as the appellant is not providing a taxable service, .....