Judgment Search Results Home > Cases Phrase: finance act 1978 section 39 amendment of act 6 of 1898 Court: mumbai Page 15 of about 2,741 results (0.275 seconds)

Commissioner of Service Tax, Mumbai and Another Vs. P.N. Writer and Co ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... banks and corporate houses for management of the records, cannot be considered as storage and warehousing of goods as defined in the finance act, 1994 read with section 2(7) of the sale of goods act, 1930. 8. in view of the above, we hold that the appellants are not liable to pay any service tax in respect ..... , books of accounts of banks and corporate houses would come under the category of goods as per the provisions of section 2(7) of the sale of goods act, 1930 or not. section 65(102) of the finance act defines storage and warehousing as storage and warehousing includes storage and warehousing services for goods including liquids and gases but does ..... 3,21,11,343 classifying the service rendered by the appellant under storage and warehousing services along with interest thereon and also imposing a penalty under section 76 and 78 of the finance act, 1994. the appellants are before us against the said order. 5. the ld. advocate for the appellant submits that the provisions relating to .....

Joint Commissioner of Income Tax Vs. Citicrop Overseas Softwares Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)85TTJ(Mum.)87

..... law relied upon by the cit(a) are squarely applicable to the case of the assessee. with regard to the reference by the ao to clause (xi) in section 36 by finance act, 1999, we agree with the assessee that it refers to computer system and not to software programme and, therefore, the same is misplaced. in this view of the ..... is a raw material which by no stretch of argument can be considered as a plant. with regard to the ao reference to the insertion of clause (xi) in section 6 by finance act, 1999, the assessee argued that it refers to computer system and not to software programme as stated by the ao. reliance was placed on the following judgments :alembic ..... systems are developed in a new way and softwares are needed like a raw material for use. as regards the ao's reliance on the amendment inserted in section 36 by the finance act, 1999, i am of the view that the said amendment has allowed the capital expenditure on hardware to make non-y2k compliant system into compliant system, whereas .....

Velji Tokarshi Vikmani Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... given while sending intimation under s.143(1)(a) to the assessee. similar rebate was being given under the provisions of the finance act passed in each subsequent finance acts beginning from 1973. in the 1991 finance act, the rebate is given under s. 2(2). it is on the same lines on which the rebate was first given which ..... falls for determination is about the agricultural rebate. before considering this aspect, i have to see how far this claim which is made before the tribunal is admissible. sec.10(1) grants exemption of agricultural income while computing the income of an assessee. however, from 1973, relevant to asst. yr.1974-75 onwards, agricultural income ..... in sch. i are as follows :2. interest & other income 38,219 --------4. telephone expenses 2,550 ------- --------5. sundry expenses 1,900 32,000 ------- -------- sec. 154 application dt. 11th february, 1994, was preferred wherein it was averred that the sum of rs. 38,219 was added to the income as a measure of making adjustment .....

P.K. Das and Associates Vs. Commissioner of Service Tax, Mumbai

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... of service tax, we have taken up the appeal for final disposal. 6. as it is prayed on behalf of the applicant the benefit of section 80 of the finance act 1994 be given being a bona fide mistake committed by them and did not suppress any material fact from the department. therefore, considering the prayer made ..... availed cenvat credit as well as abatement. he further submitted that this is the first and last mistake committed by the appellant therefore, considering the provisions of section 80 of the finance act, 1994, penalty be dropped. 4. heard the ld. counsel. 5. considering the submissions made by the ld. counsel, we find that the appeal itself ..... jindal, member (judicial) the appellants are in appeal against the impugned order confirming the demand of service tax along with interest and penalty under section 76 and 77 of the finance act, 1994. 2. the facts of the case are that the appellant are engaged in the activity of industrial construction service. the appellant claimed abatement .....

The Commissioner of Central Vs. Madhuri Travels

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... i note that in the case of dr gade v. cc nasik 2006 (2) str 205 the tribunal relied upon section 80 of the finance act, 1994 which provides that "notwithstanding anything contained in the provisions of section 76, 77, 78 and 79 no penalty shall be imposable on the assessee for any j failure referred to in ..... is that the commissioner (appeal) does not have any power to reduce the penalty imposed under section 76. i find that the commissioner (appeals) while reducing the penalty imposed under section 76 has invoked the provisions of section 80 of the finance act, 1994. it is seen from records that the commissioner (appeals) has held that reasonable cause ..... commissioner (appeals) has reduced the penalty imposed under the provisions of section 76 of the finance act, 1994. it is the submission of the ld. jdr that the provisions of section 76 have no mandate for reduction of any penalty. he reads the section 76 of the finance act, 1994 and submits that minimum penalty of rs. 100/- is mandatory .....

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 .....