Judgment Search Results Home > Cases Phrase: finance act 1978 section 36 amendment of act 1 of 1944 Page 2 of about 60,442 results (0.772 seconds)

Vistar Constructions (P) Ltd Vs. Uoi

Court : Delhi

..... . it will be applicable only when the required parameters are met and is not illegal and ultra vires the act, i.e. the finance act, 1994. it is also not contrary to the charging section/provisions of the finance act imposing levy of service tax. the aim and purpose of the said notifications is to provide a convenient, alternative ..... order/direction against the respondent by quashing the impugned provisions viz. section 65(105) (zzd) read with section 65(29) and section 65(39a), section 65(105)(zzq) read with section 65 (25b), section 65(105)(zzzh) read with section 65(30a) and section 65(91a) of chapter v of the finance act, 1994 as much as levying the service tax on the ..... be evident from the prayer in m/s yfc projects pvt. ltd., challenges have been raised to the constitutional validity of section 65(105) (zzd), section 65 (105) (zzq) and section 65 (105) (zzzh) of the finance act, 1994. the prayers made in yfc projects pvt. ltd. are as under: a) issue a writ of certiorari/mandamus or .....

Skyline Engineering Contracts (India)(P) Ltd Vs. Uoi and ors

Court : Delhi

..... . it will be applicable only when the required parameters are met and is not illegal and ultra vires the act, i.e. the finance act, 1994. it is also not contrary to the charging section/provisions of the finance act imposing levy of service tax. the aim and purpose of the said notifications is to provide a convenient, alternative ..... order/direction against the respondent by quashing the impugned provisions viz. section 65(105) (zzd) read with section 65(29) and section 65(39a), section 65(105)(zzq) read with section 65 (25b), section 65(105)(zzzh) read with section 65(30a) and section 65(91a) of chapter v of the finance act, 1994 as much as levying the service tax on the ..... be evident from the prayer in m/s yfc projects pvt. ltd., challenges have been raised to the constitutional validity of section 65(105) (zzd), section 65 (105) (zzq) and section 65 (105) (zzzh) of the finance act, 1994. the prayers made in yfc projects pvt. ltd. are as under: a) issue a writ of certiorari/mandamus or .....

G.D.Buildtech P.Ltd. Vs. Uoi

Court : Delhi

..... . it will be applicable only when the required parameters are met and is not illegal and ultra vires the act, i.e. the finance act, 1994. it is also not contrary to the charging section/provisions of the finance act imposing levy of service tax. the aim and purpose of the said notifications is to provide a convenient, alternative ..... order/direction against the respondent by quashing the impugned provisions viz. section 65(105) (zzd) read with section 65(29) and section 65(39a), section 65(105)(zzq) read with section 65 (25b), section 65(105)(zzzh) read with section 65(30a) and section 65(91a) of chapter v of the finance act, 1994 as much as levying the service tax on the ..... be evident from the prayer in m/s yfc projects pvt. ltd., challenges have been raised to the constitutional validity of section 65(105) (zzd), section 65 (105) (zzq) and section 65 (105) (zzzh) of the finance act, 1994. the prayers made in yfc projects pvt. ltd. are as under: a) issue a writ of certiorari/mandamus or .....

Commissioner of Income-tax Vs. Madras Motor and General Insurance Co. ...

Court : Chennai

Reported in : [1975]99ITR243(Mad)

..... even this argument is not available to the learned counsel now in view of the deletion of the words 'received by it' by the finance act, 1968, with retrospective effect. while deleting the provisions of section 99, finance act, 1968, by section 31(3) omitted the words 'received by it' with effect from 1st april, 1962.14. we, therefore, hold that the assessee ..... ,470. in this case the assessee claimed that the entire dividend income should be exempted from levy of corporation tax by virtue of the provisions of section 99(1)(iv) read with the finance act, 1964, paragraph d, part ii. for the same reasons given for the assessment year 1963-64, the income-tax officer held that even in ..... is entitled to rebate under section 99(1)(iv) as amended by the finance act, 1964, on the entire gross amount of rs. 4,91,470.15. the assessee is also not liable for surtax on this dividend income under .....

Cheyyar Co-op. Sugar Mills Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (2008)14STJ54CESTAT(Chennai)

..... in the show-cause notice, after examining the effect of various relevant amendments brought to the finance act, 1994 under the finance act, 2000 and the finance act, 2003. the assistant commissioner's order was revised by the commissioner under section 84 of the finance act, 1994 and service tax of rs. 1,50,569/- was demanded from the party and ..... and always to have been valid for all purposes, as validly and effectively taken or done" vide section 117 of the finance act, 2000. later on, the finance act, 2003 made certain amendments to the service tax provisions of the finance act, 1994, whereby aforesaid assesses were required to present tax returns to the proper officer within six months ..... .2000 in show-cause notices dated 13.05.2002 and 14.02.2003. such demands are not affected by the amendments made to section 65 by parliament under section 116 of the finance act, 2000 and consequently they are hit by the apex court's ruling in laghu udyog bkarati (supra). 5. following the above decisions .....

National Rayon Corporation Ltd. Vs. G.R. Bahmani, Income-tax Officer, ...

Court : Mumbai

Reported in : [1965]56ITR114(Bom)

..... of 6 per cent of its capital investment. the scheme, in short, was that when conditions of section 55 of the indian income-tax act were satisfied super-tax was levied at a certain rate mentioned in the finance act. from the amounts so calculated, a rebate was granted to certain companies which satisfied certain conditions mentioned therein ..... construction of the provisions of these two finance act, namely, finance acts of 1956 and 1957, to which we will later advert. the question that first arises for determination is in what circumstances an income-tax officer is empowered to take action under section 35 of the act. on a reading of section 35 it is clear that it is ..... tax officer had jurisdiction to rectify the said mistake in exercise of his powers under section 35 of the act. with respect to the learned counsel for the revenue, we find it difficult to accept the contentions raised by him. by the finance act, 1956, a new scheme has been enacted which was obviously intended for the purpose .....

M/s. Total Environment Building Systems Pvt Ltd. Vs. The Deputy Commis ...

Court : Supreme Court of India

..... necessary to gather the meaning of works contract from judicial precedent in order to answer the rival submissions in the instant case. section 65(105)(zzzza) of the finance act, 1994 as amended by the finance act, 2007 which defines work contract, has been extracted as under, for ease of reference: works contract means a contract wherein, ..... in the present appeals is, whether service tax could be levied on composite works contracts prior to the introduction of the finance act, 2007, by which the finance act, 1994 came to be amended to introduce section 65(105) (zzzza) pertaining to works contracts?.5. at the outset, it is required to be noted that the ..... group of appeals is, whether, service tax could be levied on composite works contracts prior to the introduction of the finance act, 2007, by which the finance act, 1994 came to be amended to introduce section 65(105)(zzzza) pertaining to works contracts?.3. feeling aggrieved and dissatisfied with the impugned judgment and order dated 07. .....

Principal Commissioner of Service Tax Delhi €“II Vs. Tops S ...

Court : Delhi

..... to the show cause notice dated 20.10.2009 is partially allowed only to the extent that the penalty of rs. 8,15,44,386/- imposed under section 78 of finance act, 1994 will be reduced to 25% of the said amount provided the service tax and interest are paid within 30 days from the date of communication of ..... adjudication order the availability of the option of payment of reduced penalty, is also not applicable. in other words, an adjudication order levying penalty under section 78 (1) of the finance act 1994 does not have to mandatorily spell out the option available to an assessee of payment of reduced penalty under the second proviso thereto. the failure ..... that the adjudication order itself should remind the assessee of the option available of paying a reduced penalty in terms of the second and third proviso to section 78 (1) of the finance act 1994. 25. when it comes to filing a further appeal, it is not unusual to find the covering letter accompanying the order of adjudication mentioning .....

Ahmedabad Manufacturing and Calico Printing Co. Ltd. Vs. Commissioner ...

Court : Gujarat

Reported in : (1981)25CTR(Guj)263

..... under : 2. 'computation of qualifying income. - (1) where the total income of an assessee referred to in sub-clause (i) of clause (a) of sub-section (5) of section 2 of the finance act, 1964 (5 of 1964), includes any profits and gains derived from the export of any goods or merchandise out of india, the amount of such profits and gains ..... export of goods, the assessee-company must succeed. 21. in cochin company v. cit : [1978]114itr822(ker) , the kerala high court dealt with the words 'derive profits and gains from export of goods' used in s. 2(5)(a)(i) of the finance act, 1966. the provision which was considered by the kerala high court was identical with the provision which ..... by the kerala high court in cochin company v. cit : [1978]114itr822(ker) and by the bombay high court in hindustan lever ltd. v. cit : [1980]121itr951(bom) . in our opinion, the word 'derive' to be found in s. 2(5)(a)(i) of the relevant finance act will have to be given a meaning consistent with what was decided in .....

The Commissioner of Income Tax Vs. Asoka Betelnut Co. Pvt. Ltd.

Court : Chennai

Reported in : (2003)180CTR(Mad)178

..... its low paid employees will be excluded from net wealth'.a reading of the speech of the finance minister shows that section 40 of the finance act was introduced as a tax avoidance measure and the sub section (3) of section 40 of the finance act shows that the levy of wealth tax is not confined to assets transferred to closely held companies ..... sweep all the assets whether commercial or non-commercial belonging to the closely held companies listed in sub section 3 of section 40 of finance act. 8. in as far as the items of assets mentioned in sub section 3 of section 40 of the finance act are concerned, clause (v) deals with the land other than agricultural land. clause (vi) deals ..... purposes of its business. the commercial complex owned by the assessee is not one of the excluded items mentioned in clause (vi) of sub section 3 of section 40 of the finance act. the latter part of the same clause only deals with the building let out to employees and it has no application. the submission of the .....