Judgment Search Results Home > Cases Phrase: finance act 1982 section 32 consequential amendments to certain sections Court: chennai Page 1 of about 72 results (0.131 seconds)

Ags Entertainment Private Limited Vs. Union of India

Court : Chennai

..... 226 of constitution of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 of the constitution of india declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii and article 14 of the constitution of india. ..... mr.prasad, learned counsel for the petitioner has invited our attention to the brief history of levy of tax on films and historical background of the constitution 46th amendment act, 1982 inserting clause (29a) to article 366 of the constitution to impose tax on the transfer of right to use any goods , thereby to avoid tax evasion by devices by way of lease ..... /2011 & r5 in w.p.483/2011 --------------------------------------------------------------------------------------------- for respondent no.1 : mr.velayutham pichaiya in w.p.28040/2011 cgsc --------------------------------------------------------------------------------------------- for respondent no.1 : mr.n.ramesh in w.p.17223/2013 cgsc --------------------------------------------------------------------------------------------- common order r.banumathi,j challenge in these writ petitions is the vires of the provision section 65(105)(zzzzt) of the finance act bringing within the ambit of 'service tax' certain forms of income generated from ".temporary transfer or permitting the use or enjoyment". .....

G.V.Matheswaran Vs. the Union of India

Court : Chennai

..... 33 w.p.nos.14887, 19322, 20982 and 24804 of 2010 are filed seeking a writ of prohibition prohibiting the respondents from (a) giving effect to the provisions of section 65(90a) read with section 65(105)(zzzz) of the finance act, 1994 as amended by the finance act, 2007 and finance act, 2010 (b) levying or attempting to levy, collect or recover from the petitioner, any service tax under the said provisions and (c) levying or attempting to levy, collect or recover from the land ..... 2013 (4) ctc473 ags entertainment private limited, chennai-83 and others versus union of india and others.the validity of section 65(105)(zzzzt) of the finance act, 1994, bringing within the ambit of service tax, certain forms of income generated from temporary transfer or permitting the use or enjoyment of any copyright as defined in the copyright act, 1957, was put to challenge. ..... 9251 of 2009 are filed seeking to declare the provisions of section 65(90a) and section 65(105)(zzzz) of the finance act, 1994 and the consequential respective show cause notice as ultra vires the constitution of india. ..... that the union government can validly impose indirect taxes like excise duty and customs duty as they are not direct taxes on property or income and since service tax is also an indirect tax, levy on certain exercise/activity, undertaken by the service provider, cannot be termed as tax on property or income; levy of service tax is on the activity of service only and not a tax on property and as such, it can .....

Commissioner of Income-tax Vs. L.G. Balakrishnan

Court : Chennai

Reported in : [2002]255ITR339(Mad)

..... in the respective assessments in the absence of particulars furnished by the assessee 2. whether on the facts and in the circumstances of the case and having regard to the provisions of rule 9(5) of part iv of the first schedule to the finance act, 1979, the appellate tribunal was right in holding that there was neither an obligation on the assessee to return the net agricultural loss for the earlier years in the assessment of those years nor a duty ..... assessee is not to be denied the benefit of set off provided for in rule 9 of part iv of the first schedule to the finance act, 1979, as long as the assessee is able to show that he had incurred loss from his agricultural activities in the earlier assessment years after a computation made in accordance with the requirements of the rules provided in the relevant finance acts and that such loss had not been set off against the agricultural income of earlier years ..... . if the assessee is able to show that the result of the computation by applying the rules set out in the finance acts of 1974 and subsequent years prior to 1979, is a loss, the assessee is not to be denied the benefit of having that loss set off against the agricultural income of the previous year relevant to the assessment ..... despite the absence of provisions similar to sections 80 and 139(3) with regard to the need for having the loss determined in the relevant assessment year before claiming the right of carry forward of the loss to subsequent assessment years, the revenue .....

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

Court : Chennai

Reported in : [1975]99ITR243(Mad)

..... this rule has employed a similar language as contained in section 99(1)(iv) as amended by the finance act and for the reasons stated above the dividend income is ..... that the assessee is entitled to rebate under section 99(1)(iv) as amended by the finance act, 1964, on the entire gross amount of ..... the appellate assistant commissioner took the view that the assessee was not entitled to any rebate on the dividend income at all under the provisions of the finance act, but since the income-tax officer had given a rebate on the dividend income as duly reduced by proportionate expenses incurred by the company he could not find any reason for enhancing ..... the finance act of 1964 amended this provision by substituting the following clause (iv):'if the assessee is a company, any dividend received by it from an indian company or a company which has made the prescribed arrangements for the declaration and payment of ..... while deleting the provisions of section 99, finance act, 1968, by section 31(3) omitted the words 'received by it' with effect from ..... on a further appeal the tribunal held that the assessee was entitled to the rebate of corporation tax under the finance act, 1964, on the dividend income, that there was nothing in the finance act which permitted the deduction of management or other expenses and in that view granted a rebate on the gross dividend without any reduction towards ..... which related to the question of surtax is only consequential to the reference made in respect of super-tax .....

Arun Excello Foundations (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : LC(2007)(3)269

..... april, 2000 has laid down various conditions and the provisions of section 80-ib amended by various finance acts as amended w.e.f. ..... 2) act, 2004 w.e.f.1st april, 2005, sub-section (10) as amended by the finance act, 2000 ..... learned cit(a) ought to have appreciated that there was no ambiguity nor scope for interpretation in view of the clear language of the section which did not postulate any restriction regarding the extent of shops and commercial establishments under section 80-ib(10) and such restrictions with retrospective effect imposed only by finance act, 2004 w.e.f. ..... to be eligible undertaking, developing and building housing projects and for claiming deduction under section 80-ib(10), finance act, 2000 w.e.f. ..... o when the statute gives total exemption from tax of the profits generated through certain ventures and also prescribes certain restrictions for compliance, and if the assessee wanted to take advantage of the same he must abide by the same in strict compliance ..... the provisions of section 80-ib, deduction in respect of profit and gains from certain industrial undertaking other than infrastructure development undertakings was granted in sub-section (10) of section 80-ib. ..... can be taken to the aforesaid observations of learned author which in our view can certainly be pressed in service for judging whether the impugned section is declaratory in nature or not. ..... in respect of profits and gains from certain industrial undertakings other than infrastructure development undertakings .....

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

Court : Chennai

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

..... by the finance act 1983 the exemption granted to the companies from the levy of the wealth tax was partially withdrawn in respect of certain categories of companies and certain categories of assets and section 40 provides for the charge of wealth tax from the assessment year 1984-85 onwards in respect ..... into tax all the assets belonging to the closely held companies, but in a limited way only certain assets which are listed in section 40(3) of the finance act were brought to tax. ..... hotel or office for the purposes of its business or as residential accommodation for 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 by the director of the company or his relatives. ..... that the motor cars, owned as stock in trade of the dealer are liable to be taxed as the words used in section 40(3) of the finance act 1983, do not preclude the exclusion of stock in trade from the list of assets to be valued for the purpose of ..... all building used for the purpose of the business is exempt is not acceptable and the acceptance of the said submission would mean that the expression in section 40(3)(vi) of the finance act, factory, godown, warehouse, hotel or office used for the purpose of business would become redundant. .....

Kasturi and Sons Ltd. Vs. Union of India Rep. and ors.

Court : Chennai

..... counter affidavit that there has been exemption in respect of maintenance of computer software prior to 2006, it is not even their case that in 2007, when the amendment was brought in the finance act, it was given retrospective effect and even the altered definition of the term, goods in the amendment of 2007 in the finance act, 1994 under section 65(105)(zzg) also was not given retrospective effect and hence, it cannot be said that the impugned circular attempts to give effect to ..... for payment of service tax on maintenance charges payable to the company in denmark and therefore, the impugned circular is challenged on various grounds including that the same is ultra vires section 83 of the finance act, 1994 and section 37b of the central excise act, 1944, that when the section itself takes away the maintenance of software from the purview of service tax, the second respondent cannot by virtue of such circular impose service tax, that it is ultra vires article ..... . certainly section 37(b) does not enable the second respondent to give a direction that in respect of advances/deposits, notional interest is definitely chargeable and includible in the assessable value in all cases, notwithstanding the fact whether the same had an ..... . the quasi-judicial authorities are certainly supposed to apply the charging provisions to the facts of a case and find out whether the goods are assesssable and if so what would be the assessable value .....

Secy. Federn. of Bus-operators Assn. of T.N. Vs. Union of India (Uoi)

Court : Chennai

Reported in : 2001(134)ELT618(Mad); 2006[2]STR411; [2007]6STT49

..... . that undoubtedly was the requirement but, that is not necessary any more in view of the clearest possible language of the amended provisions like section 65(38) of the finance act, which we have already shown earlier ..... . if any person uses such a vehicle in the business of operating tours then, certainly, such a person would be a 'tour operator' and would come under the dragnet of the finance act under section 65(52).51 ..... . we have already shown that every 'motor cab' or 'maxi cab' is a 'contract carriage' and would certainly come under the definition of section 2(43) of 'tourist vehicle' as it is required to be constructed, adapted and maintained under the motor vehicles act and the rules framed thereunder as a 'tourist vehicle' ..... . there may appear to be some overlapping inasmuch as when a service is provided by a 'tour operator' or 'rent-a-cab scheme operator', he certainly does it in pursuance of his trade or calling but that by itself would not confer the tax on service or would not give a colour to that tax ..... . chandrasekaran, points out that the language of the unamended section very certainly provided that a 'tour operator' must hold only a 'tourist permit' contemplated under the rules made under the motor vehicles act .....

Cit Vs. Asoka Betelnut Co. (P) Ltd.

Court : Chennai

Reported in : [2003]127TAXMAN331(Mad)

..... by the finance act, 1983 the exemption granted to the companies from the levy of the wealth-tax was partially withdrawn in respect of certain categories of companies and certain categories of assets and section 40 provides for the charge of wealth-tax from the assessment year 1984-85 onwards in respect ..... into tax all the assets belonging to the closely held companies, but in a limited way only certain assets which are listed in section 40(3) of the finance act were brought to tax. ..... or office for the purposes of its business or as residential accommodation for 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 subs-ection (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 by the director of the company or his relatives. ..... view that the motorcars, owned as stock-in-trade of the dealer are liable to be taxed as the words used in section 40(3) of the finance act, 1983, do not preclude the exclusion of stock in trade from the list of assets to be valued for the ..... : [2001]250itr523(mad) has taken the view that unless a business asset is excluded from the scope of section 40(3)(vi) of the finance act, 1983, the asset though a business asset would be liable to be taxed as the list is exhaustive and when the list does not exclude a particular asset, the asset would .....

The Commissioner of Wealth-tax Vs. Fagun Co. P. Ltd.

Court : Chennai

Reported in : 2007(1)CTC13; (2006)205CTR(Mad)225; [2006]286ITR297(Mad); (2006)4MLJ836

..... then, in respect of that previous year, of a sum by way of investment allowance, equal to twenty-five per cent of the actual cost of the ship, aircraft, machinery or plant to the assessee:in the finance act, the relevant provision in section 40(3), reads as follows:(vi) building or land appurtenant thereto, other than building or part thereof used by the assessee as factory, godown, warehouse, hotel or office for the purposes of its business or as residential accommodation for ..... comes within the specified clause as contemplated under section 40(3)(vi) of the finance act, the assessee is certainly entitled to exemption from wealth-tax act. ..... amendment was introduced by finance act ..... (viii)...provided that this section shall not apply to any asset referred to in clause (i), (ii), (iii), (iv), (v) or (vi), which is held by the assessee as stock-in-trade in a business carried on by it or, in the case of motor-cars referred to in clause (vii), they are held as stock-in-trade in such business or registered as taxies and used as such in a business of running motor-cars on hire carried on by the assessee.the above mentioned amendment came into effect from 01.04.1989 and ..... the said clause was later amended with effect from 01.04.1989, which reads as under: building or land appurtenant thereto, other than building or part thereof used by the assessee as factory, godown, warehouse, cinema house, hotel or office ..... by learned counsel for the assessee in respect of the effect of the amendment. 9. .....