Judgment Search Results Home > Cases Phrase: finance act 1978 section 2 income tax Court: mumbai Page 15 of about 34,211 results (0.174 seconds)

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

Court : Mumbai

..... two unreported transactions suo moto in view of subsections (2a) and (2b) of section 92ca. as we mentioned earlier, sub-section (2a) of section 92ca was introduced by the finance act, 2011 with effect from 1st june, 2011. sub-section (2b) was introduced by the finance act, 2012 with retrospective effect from 1st june, 2002. mr. salve, on the ..... not end there as we will demonstrate later. 26 (a). the petitioner's case as regards sub-section (2a) of section 92ca is this. sub-section (2a) was introduced by finance act 2011 with effect from 1st june, 2011. sub-section (2a) conferred jurisdiction on the tpo which was otherwise not available. it, in fact, expanded the ..... considered by the division bench. secondly, the judgment of the delhi high court is dated 28th november, 2011. sub-section (2b) of section 92ca was brought into force subsequently by the finance act of 2012. sub-section (2b), therefore, did not fall for the consideration of the delhi high court. thus, in the case before us .....

Catalyst Capital Services Pvt. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2005)(184)ELT34Tri(Mum.)bai

..... division k-iii, mumbai-iv, imposed penalty of rs. 7,105/- under section 76 of the finance act, 1994 for delay in payment of service tax and imposed rs. 2,000/- under the provisions of section 77 of the finance act, 1994 for late filing of st-3 returns.3. the appellants had already ..... deposited rs. 7,105/- towards penalty under section 76 for late payment of service tax and also rs. 1,000/- ..... mala fide intention on the part of the appellants in making the late payment of service tax. there is also provision in the finance act for waiver of the penalty where sufficient cause is shown. as the appellants had already deposited the service tax and as there ..... 1. the appellants have contravened the provisions of section 68 and 70 of chapter v of the finance act, 1994 inasmuch as the said assessee failed to pay the service tax on due date and .....

Commissioner of Income Tax-4 Vs. M/s Hindustan Organics Chemicals Ltd.

Court : Mumbai

..... tax v/s alom extrusions ltd., reported in (2009) 319 itr 306 (sc) when the supreme court inter alia held that the amendments to the said section brought about by the finance act, 2003 with effect from 1st april 2004 were retrospective in nature and would operate from 1st april 1988. the itat, relying upon the aforesaid judgment of the ..... cit (appeals). in this view of the matter and in view of the fact that the supreme court has expressly held that the amendments to section 43b that were brought about by the finance act, 2003 are retrospective in nature, we find that the itat was fully justified in deleting the addition of rs.1,82,77,138/- on account ..... been paid during the previous year on or before the due date as defined in the explanation below clause (va) of sub-section (1) of section 36. thereafter, the said second proviso was further amended vide finance act 1989 with effect from 1st april 1989 which read as under:- provided further that no deduction shall, in respect of any sum .....

Yashodhan Industrial Investment Co. Ltd. Vs. Income Tax Officer.

Court : Mumbai

Reported in : (1993)47TTJ(Mumbai)152

..... he pleaded that since in this case, the cit(a) had passed order on 31st july, 1987 (i.e., before 1st june, 1988), the amendment effected by finance acts of 1988 and 1989 would not be operative or applicable.4. on the other hand, the learned departmental representative submitted that in the case of cit vs. international computers indian ..... bombay high court decision in cit vs . international computers indian . : [1991]187itr580(bom) to say that even after the retrospective amendments effected in s. 263 by the finance acts of 1988 and 1989, the full merger of the assessment order with the appellate order would be operative in accordance with the bombay high court decision in cit vs . ..... holding that the decision relied on by the assessee has no bearing after the amendment to s. 263 by the finance act, 1988 and has erroneously relied on the finance bill, 1989 which has not been passed as an act.'thus, they deal with the aspect of merger of the assessment order dt. 9th feb., 1987 with that of .....

Maersk India Pvt. Ltd. Vs. Commissioner of Service Tax

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2007)8STR627

..... the service tax alleged to have been evaded has been imposed under section 76 of the finance act, 1994. a penalty of rs. 1,000/- has been imposed under section 77 of the finance act, 1994. a penalty of rs. 25/- crores has been imposed under section 78 of the finance act, 1994.2. the appellants have filed an application for stay of the ..... impugned order and waiver of pre-deposit under section 32 read with section 86 of the finance act, 1994.3. shri rohan shah, ..... not include the payment received in foreign exchange for the taxable services in their income.this will be very much against the provisions of income-tax act and the companies act. on a very careful consideration of the entire issue, we find that prima facie the appellants have a strong case. a careful reading of the .....

Allied Instruments Pvt. Ltd. Vs. Commissioner of Cus. and C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2002)LC634Tri(Mum.)bai

..... the submissions of the appellants that fresh assessment proceedings have been initiated against them. after the enactment of section 117 of the finance act, 2000 the commissioner of central excise, exercising his powers under section 84 of the finance act, 1994 has revived the show cause notice dated 18-2-1999 which was dropped by the dy. ..... for recovery of refunds already granted consequent thereto. accordingly there is no substance in the submissions of the learned advocate for the appellants that section 117 of the finance act, 2000, only seeks to deny refund of service tax to the users. as the show cause notice for collection of service tax and ..... central excise directed issue of notices for revision of the orders of the deputy commissioner, in view of the retrospective amendment of service tax rules by section 117 of the finance act, 2000, which states that notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, sub-clause (xii) .....

Stellar Travels Pvt. Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2002)(146)ELT388Tri(Mum.)bai

..... that it was possible to hear the appeal itself therefore after waiving the pre-deposit of penalty of rs. 92,400/- imposed for contravention of section 76 and section 77 of the finance act, 1994 for late payment of tax as well as for late filing of service tax returns, i proceed to hear the appeal itself with the ..... of both sides.2. the brief facts of the case are that the appellants are engaged in the business of "air travel agent". as per section 70(1) of chapter v of the finance act 1994, they were required to file their return in form st-3 for the quarter ending september, 1997, december, 1997, march, 1998, september, ..... since they failed to do so show cause notice was issued proposing penalty under section 77 of the finance act, 1994. the notice was adjudicated by the assistant commissioner who imposed a penalty of rs. 87,800/- under section 76, and rs. 4,600/- under section 77 of the finance act, 1994. the appellants appeal to the commissioner (appeals) failed; hence this appeal .....

Yashodhan Industrial Investment Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1993)46ITD80(Mum.)

..... itr 599, held that the ratio of both the decisions was the same and that was as a result of the insertion of explanation (c) in section 263 by the finance act of 1989, with retrospective effect from june 1, 1988, that the commissioner of income-tax can exercise revisional jurisdiction only in cases of partial merger, irrespective ..... high court decision in cit v. international computers indian manufacture ltd. [1991] 187 itr 580 to say that, even after the retrospective amendments effected in section 263 by the finance acts of 1988 and 1989, the full merger of the assessment order with the appellate order would be operative in accordance with the bombay high court decision in ..... erred in holding that the decision relied on by the assessee has no bearing after the amendment to section 263 by the finance act, 1988, and has erroneously relied on the finance bill, 1989, which has not been passed as an act." 7. thus, they deal with the aspect of merger of the assessment order dated february 9, 1987 .....

M/S Nath Cold Retreads Vs. Commissioner of Central Excise, Aurangabad

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... the notification. two show-cause notices were issued for demand of rs.3,70,492/- under section 73(1) of the finance act, 1994. interest under section 75 of the finance act, 1994 and penalty under the provisions of section 76, 77 and 78 of finance act, 1994 was also proposed. the same was adjudicated by the adjudicating authority and he confirmed the ..... establish suppression on the part of assessee with intent to evade payment of service tax has not been discharged and no penalty is leviable under sections 76, 77 and 78 of the finance act, 1994. accordingly, in the facts and circumstances of this case, the revenue has not discharged the burden of proof that the appellant ..... is rightly imposed. but, he fairly agreed that no intention to evade service tax has been established, for which penalty can be imposed under section 78 of the finance act, 1994. but, he reiterated the impugned order for imposition of penalties. 5. heard both sides. 6. on careful consideration of the submissions made by .....

Ar. Ashish V. Patil Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2006)(112)ECC150

..... . as such, any pecuniary advantage gained by the appellant is neutralised by payment of interest. the appellant's case squarely falls under the provision of section 80 of the finance act, 1994. the appellant being a small tax payer, the revised penalty imposed by the commissioner is unduly harsh on him, accordingly, i set aside ..... setting aside the said enhancement.4. i find that the commissioner has totally overlooked the provision of section 80 of the finance act, 1994 which reads as under. notwithstanding anything contained in the provisions of section 76, section 77, section 78 or section 79, no penalty shall be imposable on the assessee for any failure referred to in the said ..... . 14,413/- paid on account of delayed payment. he has also imposed a penalty of rs. 4,000/- under section 76 and a penalty of rs. 1,000/- under section 77 of the finance act, 1994.the impugned order has been passed by the jurisdictional commissioner revising the order of the original authority and enhancing the .....