Judgment Search Results Home > Cases Phrase: finance act 1981 section 9 amendment of section 80d Court: chennai Page 3 of about 208 results (0.089 seconds)

Commissioner of Service Tax Vs. Lumax Samlip Industries Ltd. and Custo ...

Court : Chennai

Reported in : (2007)212CTR(Mad)62; 2007(121)ECC259; 2007LC259(Madras); 2007[8]STR113; (2007)8VST791(Mad)

..... can re-examine the order and file appeal under section 86(2a) of the finance act, 1994 before the cestat ?iii) whether the tribunal is right in rejecting the department's appeal as being one without cause of action, without considering the merits of the matter?2. ..... by formulating the following substantial questions of law for consideration.i) whether statutory powers of commissioner to file appeal against an order in appeal before the appellate tribunal under section 86(2a) of the finance act, 1994 can be denied for the reason that commissioner had once accepted the order in appeal ?ii) whether acceptance of order-in-appeal by the commissioner becomes final and binding on the department and whether the commissioner ..... t.s.sivaganam, learned standing counsel appearing for the respondents very strenuously contended that there is no provision whatsoever under section 86 of the finance act to the effect that the commissioner has to accept the order passed by the commissioner of central excise (appeals) and once it is accepted that could not be reviewed for any purpose particularly for the purpose of filing ..... iv/ 16.238/2005-czo dt 17.4.2006) direction to file appeal before cestat 18.4.2006order issued under section 86(2a) of the finance act, 1994 for filing appeal against oia no. .....

George Oakes Private Ltd. Vs. Commissioner of Income-tax, Madras.

Court : Chennai

Reported in : [1966]60ITR710(Mad)

..... 68,750 was declared on a direction from the department under section 23a as it stood then and it must be deemed therefore to be in respect of the years 1949-50 and 1950-51, in fact there was withdrawal of rebate from the assessment for the years consequent upon the subsequent declaration of dividend, the 1956 finance act should be so construed as to exclude from its purview ..... the tribunal was also of the view that the deeming effect of the declaration of dividend had no bearing upon the scope and application of the finance act of 1956, in relation to the withdrawal of rebate.before us the contention of the assessee is that what the income-tax officer has done worked injustice because, on the basis that ..... think that section 16(2) has any bearing in interpreting the scope and application of the finance act, 1956. ..... while we have sympathy for the assessment because of those circumstances, we are unable to accept his contention.the finance act, 1956, by its first schedule, part ii, provides for what is termed as corporation tax or super-tax at the rate of six annas and nine ..... that being the case, literally the conditions of the finance act, 1956, as was rightly held by the tribunal, have been satisfied.but the contention for the assessee is that there must be a harmonious construction and that since a dividend ..... for instance, clause b of part i of the third schedule to the finance act, 1949, has two provisos, the first of which employees the language 'declared in respect of the whole or .....

Commissioner of Income-tax Vs. O.G. Textiles (P.) Ltd.

Court : Chennai

Reported in : [2000]245ITR820(Mad)

..... of the revenue, the appellate tribunal has referred the following question of law under section 256(1) of the income-tax act, 1961, for the opinion of this court : 'whether, on the facts and in the circumstances of the case, the tribunal's view that the assessee is an industrial company engaged in the manufacture of goods within the meaning of section 2(7)(c) of the finance act, 1979, and, consequently, entitled to lower rate of tax is sustainable in ..... the expression, 'industrial company' is defined under section 2(7)(c) of the finance act, 1979, and it reads as under : ''industrial company' means a company which is mainly engaged in the business of generation or distribution of electricity or any other form of power or in the construction of ships or in the manufacture or ..... supervisory control and direction of the assessee, wove the bed sheets and towels and as such, the activity of the assessee would amount to 'processing' attracting the provision of section 2(7)(c) of the finance act, 1979. ..... case where the raw material is got manufactured or processed in a mill belonging to others, the assessee should be regarded as engaged in the manufacture or processing of the goods, within the meaning of the explanation to section 2(7)(c) of the finance act, 1979. ..... sheets and towels and the actual manufacturing activity was being done by the weavers and not by the assessee which cannot be regarded as an industrial company within the meaning of section 2(7)(c) of the finance act, 1979. .....

M/s. Vedanta Limited Vs. Commissioner of Central Excise and Another

Court : Chennai

..... of revenue and also taking into consideration the limitation aspect, it appears that the service provided having relation to underwriting of shares of the indian company (appellant) provided in any manner brings that service to fold of section 65 (105) z of the finance act, 1994, and also considering the scheme of reverse charge mechanism, appellant is directed to deposit rs.7,00,00,000/- (rupees seven crores only) within eight weeks from the date of receipt of the order and make compliance ..... c.m.a.no.2428 of 2015: appeal filed under section 35g of central excise act, 1944, made applicable in terms of section 83 of finance act, 1944, against the order passed by the customs, excise and service tax appellate tribunal, south zone bench at chennai in miscellaneous order no.40855 of 2015, dated 29.5.2015, disposing of an application presented under section 35b of the central excise act, 1944, read with section 86 of the finance act, 1994. ..... stage of the hearing of the appeals, the learned senior counsel, appearing on behalf of the appellant, had submitted that in view of the facts and circumstances of the case, and in view of the fact that, as per the amendment brought forth during the year, 2014, the appellant may be liable to make a pre-deposit of only 7.5% of the demand. .....

M/s. Sundaram Finance Limited Vs. The Deputy Commissioner of Income Ta ...

Court : Chennai

..... hence, the second question of law, is even as per the plain language of section 32ab(1), as amended by finance act, 1987, has to be answered in favour of the assessee. 23. ..... keeping the above in mind, if we come back to section 32-ab it could be seen that under the finance act, 1987, this section was amended. ..... we have already pointed out the object of the amendment made under finance act, 1987 to section 32ab. 26. ..... the explanatory note on the provisions of the finance act, 1987 contained in circular no.495 dated 22.9.1987 states that under the finance act, 1986, deduction under section 32-ab was allowed after setting off business loss if any, brought forward from earlier years and that in order to remove the hardship in cases where the assessee may not be able to avail of this benefit because of brought forward losses from earlier years, finance act, 1987 sought to provide that the deduction ..... the words inserted in section 32-ab (1), by the finance act, 1987 were "such deduction being allowed before the loss, if any, brought forward from earlier years is set off under section 72. ..... the contention of the assessee that the deduction under section 32-ab was on the profits and gains of business before setting off the carried forward loss under section 72 of the act, was rejected and the assessing officer held that the carry forward of investment allowance for the earlier year was set off as per section 32-a(3)(ii) of the act and not under section 72 of the act. 6. .....

Tata Sky Limited, Mumbai and Others Vs. the State of Tamil Nadu Throug ...

Court : Chennai

..... " further, the contention of the petitioner is that no state can levy entertainment tax on services covered under section 65(15) of the finance act, 1994 and 2001, as amended from time to time in respect of the same taxable event, i.e. ..... w.p.no.28979 of 2011is filed under article 226 of the constitution of india the the issue of a writ of declaration declaring the imposition of service tax under section 66 or section 65(105)(zk) of chapter-v of the finance act, 1994 on the "drect to home broadcasting services" by the petitioner as void and infringing article 14 and violative of articles 245, 246, 265, 300a, 301 and entry 62 of list-ii of the seventh schedule to the constitution of india, 1950, ..... w.p.no.25986 of 2011is filed under article 226 of the constitution of india for the issue of a writ of declaration declaring the imposition of service tax under section 66 or section 65(105)(zk) of chapter -v of the finance act, 1994 on the "direct to home broadcasting services" by the first petitioner as void and infringing article 14 and violative of articles 245, 246, 265, 300a, 301 and entry 62 list ii of seventh schedule to the constitution of india of list-ii of ..... gujarat steel tubes mazdoor sabha), air 1981 sc 463 at paragraph 38 (state of karnataka vs. ..... in the decision reported in (1981) 2 scc 460 (cit vs. ..... referring to the decision reported in air 1981 sc 463 (state of karnataka vs. ..... union of india) and (1981) 2 scc 318 (international tourist corporation vs. .....

Commissioner of Income-tax Vs. M. Manickasundaram

Court : Chennai

Reported in : [1996]220ITR133(Mad)

..... : 'whether, on the facts and in the circumstances of the case, and having regard to the provisions of rules 5 and 7 in part iv of the first schedule to the finance act, 1975, the appellate tribunal was right in holding that the assessee's share of loss from a firm, known as shakthi estates, should be taken into account and given set-off while ..... the facts and in the circumstances of the case and having regard to rules 5 and 7 in part iv of the first schedule to the finance act, 1980, the assessee's share of loss from a firm should be taken into account and given set off while computing the net agricultural income ..... for that previous year from any other source of agriculture income : provided that where the assessee is a partner of an unregistered firm which has not been assessed as a registered firm under clause (b) of section 183 of the income-tax act or is a member of an association of persons or body of individuals and the share of the assessee in the agricultural income of the firm, association or body, as the case may be, is a ..... contends that the abovesaid firm, in which the assessee is a partner is 'an unregistered firm, which has not been assessed as a registered firm under clause (b) of section 183 of the income-tax act' and that, therefore, in each of the abovesaid assessment years the abovesaid assessee's share of loss cannot be set off against the assessee's abovesaid individual agricultural income. ..... year 1981-82 in ..... tribunal in relation to the assessment year 1981-82. .....

Goodearth Maritime Vs. the Commissioner of Service Tax

Court : Chennai

..... the specific case of the appellant that even as per the statement of revenue, the services in this case was rendered outside india and there is no element of service received in india and therefore section 66a of finance act, 1994 and rule 3 of the taxation of services (provided from outside india and received in india) rules, 2006, do not apply to the facts of the present case. ..... question of law raised in c.m.a.nos.300 to 303 of 2014 is ".whether the tribunal was justified in not granting waiver of pre-deposit when there is no service received in india so as to attract the provisions of section 66a of finance act, 1994 and rule 3 of the taxation of services (provided from outside india and received in india) rules, 2006".4. ..... the primary issue in this case is as to whether the provisions of section 66a of finance act, 1994 and rule 3 of the taxation of services (provided from outside india and received in india) rules, 2006, would be applicable in respect of payments made by the assessee to foreign agents, who had rendered such ..... however, the department also rely upon section 65(96a) of the finance act, 1994, which defines the term ".ship ..... the contention of the appellant is that the section 66 a of the finance act, 1994 provides for payment of service tax on services received from outside india, which reads as follows: ".charge of service tax on services received from ..... will be entitled to such relief on this plea in the light of section 66a(1) of the finance act, 1994.15. .....

Chitra Construction Company Vs. Addl Commissioner of Customs

Court : Chennai

..... not in dispute that the first respondent had issued the search warrants, in question, for searching the premises at no.119, amaravathy second street, gurusamy nagar, coimbatore, culminating in the mahazar, dated 1.3.2012, under section 82 of the finance act, 1994, and at the residence of ms.rakhi shah, the director of the petitioner company, at no.357, western valley green home, onampalayam, coimbatore.131. ..... such, there is no perceptible impediment for the first respondent to issue the search warrants, under section 82 of the finance act, 1994, based on which further proceedings may follow, in accordance with the procedures established by ..... the petitioners had claimed that the respondents had not followed the procedures contemplated under the relevant provisions of law, for ordering such searches and seizures, including the provisions contained in section 82 of the finance act, 1984, and the relevant provisions of the criminal procedure code 1973, relating to searches.130. ..... it had been further stated that the powers vested with the authorities concerned, under section 82 of the finance act, 1994, are very vast and they are not limited to the territorial jurisdiction relating to the places, where the ..... first respondent had taken a conscious decision to issue search warrants, under section 82 of the finance act, 1994, read with section 12e of the central excise act, 1944, made applicable to service tax, in terms of section 83 of the finance act, 1994. ..... farmers service, (1981) 131 itr .....

Commissioner of Wealth Tax Vs. T.N.K. Govindaraju Chetty and Co. (P) L ...

Court : Chennai

Reported in : (2004)192CTR(Mad)382

..... (2000) 250 jtr 523 wherein this court held that the exemption granted by the amendment of the finance act, 1988, would operate only from 1st april, 1989, and it is neither retrospective nor declaratory of the law. ..... this court in the above case has also held that cinema building owned by the assessee is not exempt under section 40(3)(vi) of the finance act prior to 1st april, 1989. ..... the assessment year involved in the instant case is 1988-89 and the question is whether the assessee is entitled to exemption under section 40(3)(vi) of the finance act, 1983, for the asst. yr. ..... framed for consideration :'whether, on the facts and in the circumstances of the case, the tribunal is correct in law in confirming the order of the cit(a) in directing the exclusion of the value of the theatre complex as exempt under section 40(3)(vi) of the finance act, 1983 ?'3. ..... 1988-89 as well as the exemption granted by the finance act, 1988, came into force w.e.f. ..... the revenue has challenged the order of the tribunal directing the exclusion of the theatre complex of the assessee on the ground that it is exempted under s, 40(3)(vi) of the finance act, 1983. ..... following the decision in vamdharaja theatre case (supra), we hold that the tribunal is not correct in its view that the theatre complex of the assessee is exempt under section 40(3)(vi) of the finance act, 1983, for the asst. yr. .....