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P.C. Joshi, Indian Citizen, A practicing Advocate and Others Vs. Union ...

Court : Mumbai

..... requirement of issuing such invoices within 14 days of completion of services, the provisions of section 77 of the finance act 1994 and the provisions of section 89 of the finance act 1994 as inserted by the finance act 2011 to the extent they require advocates to issue invoices at all, to issue invoices within 14 days of the completion of assistance, relating to levy of penalty under section 77 of the finance act 1994 for not issuing of invoices and prosecution provisions under section 89 of the finance act 1994 to the extent they relate to requirement of issuing invoice within 14 days ..... (c) issue a writ of mandamus, or a writ in the nature of mandamus, or any other appropriate writ, order or direction, restraining the respondents themselves, by their servants, agents and subordinates from, directly or indirectly giving effect to or acting upon the impugned amendment or collecting service tax on the basis of section 65(105)(zzzzm) read with section 66 as substituted by finance act, 2011. ..... it is submitted that the said amendment also violates article 268-a of the constitution and contravenes section 66 of the finance act, 1994, which is the charging section. ..... the said amendment does not contravene section 66 of the finance act, 1994. ..... the said amendment does not violate article 268a of the constitution and does not contravene section 66 of the finance act, 1994. .....

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

Court : Supreme Court of India

..... as already stated, the issue in these appeals relates to the levy of service tax on composite works contract prior to the amendment made to the finance act, 1994 in the year 2007 by which section 65(105) (zzzza) was introduced which gives the definition to the expression works contract. ..... requires reconsideration as in the said case it was held that service tax on composite works contract was not leviable prior to the amendment made to the finance act, 1994, in the year 2007, whereas according to her, in fact, it was leviable even prior thereto and the amendment made to the finance act, 1994, in the year 2007 by insertion of section 65(105)(zzzza) is only clarificatory in nature. ..... hereinabove, the issue involved 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. ..... involved in the present 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. ..... india [(2004) 5 scc632, this court examined the question, whether, the inclusion of taxation on kalyana mandapams, within the tax net of section 66 and 67 of the finance act, 1994 as amended in the year 1996 was unconstitutional. .....

Jodhana Real Estate Development Vs. Assistant Commissioner of Wealth

Court : Income Tax Appellate Tribunal ITAT Jaipur

Reported in : (1996)54TTJ(JP.)552

..... as the assessee was aggrieved by the order of the learned cwt(a) on the ground that he denied retrospective operation of the amendment made by finance act, 1988, as also on the ground that he sustained the enhancement in the values of certain properties, it gave rise to appeals before us which are numbered as wta nos. ..... the learned cwt(a), after hearing the assessee as well as the ao, held that the amendment brought about by the finance act, 1988 was effective from 1st april, 1989 and hence the assessee could not claim any exemption for the assessment years under consideration. ..... but the assessee was also of the opinion that the amendment carried out by finance act, 1988 exempting certain business assets from the levy of wealth-tax, was of a clarificatory nature and hence had retrospective operation. ..... 40(3) of the finance act, 1983 was amended by finance act, 1988, whereby it was provided that certain assets which were held by a company as stock-in-trade in a business carried on by it, such assets shall not form part of the net wealth of the company for the purpose of levy of ..... the first issue to be decided, therefore, is whether the assessee company was liable for wealth-tax or not in the light of the amendment carried out by finance act, 1988.10. ..... 7 has been held to be a machinery section and schedule iii referred to therein a procedural provision. ..... 1984-85 and onwards.11. ..... 1984-85 on 30th march, 1985 declaring total wealth of rs. ..... 1984-85 to 1988-89. .....

Jodhan Real Estate Development Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Jaipur

Reported in : (1996)56ITD90(JP.)

..... however, by the time these assessments were completed, section 4(3) of the finance act, 1983 was amended by finance act, 1988, whereby it was provided that certain assets which were held by a company as stock-in-trade in a business carried on by it, such assets shall not form part of the net wealth of the company for the purpose of levy of ..... on account of the revival of levy of wealth-tax in the case of closely held companies by section 40 of the finance act, 1983, the assessee filed its return of wealth for the assessment year 1984-85 on 30-3-1985 declaring total wealth of rs. ..... value value as per value as per cwt(a)year returned assessing officer---------------------------------------------------------------------------1 2 3 4---------------------------------------------------------------------------1984-85 19,745 1,00,000 48,0001985-86 19,745 1,25,000 48,0001986-87 19,745 1,50,000 48,0001987-88 19,745 1,75,000 48,0001988-89 19,745 2,00,000 48,000(2) saloon house :1984-85 3,48,445 3,48,445 3,48,4451985-86 3,48,445 3,48,445 3,48,4451986-87 3,48,445 3,48,445 3,48,4451987-88 3,48,445 3,48,445 3,48,4451988-89 3,48,445 3,48,445 3,48,445(3) lake house, mt. .....

Commissioner of Income-tax, Madras Vs. Sundaram Industries Private Ltd ...

Court : Chennai

Reported in : [1969]71ITR380(Mad)

..... 'in the instant case, while it is necessary to consider the scope of the retroactive operation of the amendment caused by the finance act of 1955 and 1956, it should also be remembered that section 23a is in the natural of a penal provision and necessarily the onus is on the revenue to prove that the ingredients of the section are satisfied before an order is made thereunder. ..... 'the finance act of 1956, which closely followed the above amendments, further amended section 23a of the main act so as to read in clause (b) of the proviso to sub-clause (1) stated above for the words 'where the reserves' the words 'where the accumulated profits and reserves'. ..... the distribution was so effected in accordance with the letter and procedure as was in force on the date of distribution which but for the supervening amendment of section 23a by the finance acts of 1955 and 1956, appears to be in order. ..... (2) whether the amendment made to section 23a by the finance act, 1956, could not be applied to the assessee company for the assessment year 1955-56 ? ..... 'by section 20(1) of the finance act of 1955, the amendment as above shall have effect on and from 1st april, 1955. ..... it is not seriously disputed by the learned counsel for the assessee that if the text of the amendments in the finance acts is applied to the company in question, then it has failed to satisfy the prescribed indicia therein as regards the percentage of distributable dividends. .....

Commissioner of Income-tax Vs. Calcutta Steel Co. Ltd.

Court : Kolkata

Reported in : (1985)48CTR(Cal)146,[1985]153ITR488(Cal)

..... : [1977]107itr168(mad) , the question before the madras high court was whether under the provisions of section 2(5)(a) of the finance act, 1966, the cash subsidy and the income derived from the sale of import entitlements would form part of the profits and gains derived from the export of any goods or merchandise. ..... section 113 of the income-tax act, 1961, corresponded to section 17(1) of the indian income-tax act, 1922, but that section has now been omitted with effect from april 1, 1965, as a result of the finance act, 1965. ..... cit : [1982]137itr616(guj) , construed the provisions of section 2(5)(a) of the finance act, 1964, regarding the profits derived from exports and held that cash subsidy or allowance given on export of goods is directly connected with the export of goods and rebate under section 2(5) can be claimed in respect of it. ..... act, 1961, the tribunal has referred the following question to this court at the instance of the commissioner :'whether, on the facts and in the circumstances of the case, the tribunal was correct in holding that there was no mistake apparent from the record with the meaning of section 154 of the income-tax act, 1961, and in that view cancelling the amendment order made by the income-tax officer under the said section ?'2. ..... it is a matter for consideration whether the definition contained in section 2(31) of the income-tax act, 1961, is an amendment of the law or is merely declaratory of the law that was in force earlier. .....

Futura Fibres and Futura Polymers Vs. Cce

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

..... in order to get over the supreme court's ruling, parliament amended section 65 ibid in relation to the limited period 16.07.1997 to 16.10.1998 under section 116 of the finance act, 2000, whereby recipients of `goods transport' service and `clearing and forwarding ..... 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 ..... the finance act, 2003, made certain amendments to the service tax provisions of the finance act, 1994, whereby the aforesaid assessees were required to present tax returns to the proper officer within six months from 14.05.2003 (date on which the finance act, 2003 ..... or purported to have been taken or done at any time during the period commencing on and from the 16th day of july 1997 and ending with the day, the finance act, 2000 received the assent of the president shall be deemed to be valid and always to have been valid for all purposes, as validly and effectively taken or done" vide ..... but these rules were held to be ultra vires sections 65 and 66 of the finance act, 1994 by the hon'ble supreme court in the ..... counsel for the assessees has submitted that, as the subject show-cause notices were issued after 12/05/2000 (the date on which the finance act, 2000 received presidential assent), the demands of service tax raised therein are hit by the apex court's ruling in laghu udyog bharati ..... limitation prescribed under section 73 of the finance act, 1994. .....

K. Sunil Kini Vs. Income Tax Officer, Ward 2(2),

Court : Income Tax Appellate Tribunal ITAT

Reported in : (2006)6SOT139(Bang.)

..... if the legislature had intended the relevant amendments effected by the finance act, 1997 to make non-compete fees chargeable to capital gains tax, then, when the finance act, 2002 made such receipts taxable under section 28, it would also have amended section 55(2)(b) to remove the words 'right to manufacture, produce or process any article or thing'. ..... on clause (va) of section 28 inserted into the statute book by finance act, 2002, with effect from 1-4-2003.the commissioner (appeals), in the first appeal, had accepted the assessee's claim that the receipt in question is a capital receipt.however, he was of the view that the receipt is liable to be taxed as capital gains in view of the amendment effected to section 55(2)(b) by finance act, 1997. ..... ', were inserted by the finance act, 2002 which are effective from 1-4-2003.it is the appellant's case that the amendment effected by the finance act, 1997 has no bearing on the assessment under consideration.firstly, section 55 is not a charging section. ..... taxed in view of amendment of clause (a) of sub-section (2) of section 55 effected by the finance act, 1997. ..... amendment effected by the finance act, 1997 has no bearing on the assessment under consideration and that section 55 is not a charging section ..... any right to manufacture, produce or process any article or thing.if there is any doubt in this regard, the matter becomes clear if one takes into account the amendments effected by the finance act, 2002 which are effective from 1-4-2003. .....

All India Haj Umrah Tour Organizer Association Mumbai Vs. Union Of Ind ...

Court : Supreme Court of India

..... in clause 52 of section 65b of the finance act to mean the territory to which the provisions of the relevant chapter service tax statutory provisions containing sections 64 to 114 of the finance act apply. ..... to haj pilgrims is not a part of the negative list under section 66-b of the finance act, 1994, it is taxable from 1st july 2012.26. ..... by exercising the power under section 66c of the finance act, the 2012 rules were enacted and were brought into force with ..... sub- section (1) of section 64 of the finance act provides that the relevant chapter extends to the whole of india except the ..... we are concerned with the negative service tax regime, which was introduced with effect from 1st of july 2012 by incorporation of sections 66b and 66c by the finance act, 2012. ..... with effect from 1st july 2012, more than 100 specific services were incorporated in clause 105 of section 65 of the finance act. ..... 105 of section 65 of the finance act.34. ..... includes a non-resident external account and a non-resident ordinary account; (b) banking company shall have the same meaning as assigned to it under clause (a) of section 45a of the reserve bank of india act, 1934 (2 of 1934); (c) financial institution shall have the same meaning as assigned to it in clause (c) of section 45-i of the reserve bank of india act, 1934 (2 of 1934); (d) non-banking financial company means, (i) a financial institution which is a company; (ii) a non-banking institution which is a ..... by amending section 66-b, the percentage of service .....

Mathurdas Govinddas Vs. G.N. Gadgil, Income-tax Officer, Special Inves ...

Court : Gujarat

Reported in : (1964)0GLR746; [1965]56ITR621(Guj)

..... any time notwithstanding the expiration of the period of eight years provided under the section as it stood prior to its amendment by the finance act, 1956, and also enacted section 4 in the following terms for validation of notices issued prior to the commencement of the amending act : 'no notice issued under clause (a) and sub-section (1) of section 34 of the principal act at any time before the commencement of this act and no assessment, reassessment or settlement made or other proceedings taken in consequence of such notice shall be called in ..... bombay high court apparently did not dispute the proposition that sub-section (1)(a) was a general provision and sub-section (1a) was a special provision but it sought to negative the applicability of the maxim generalia specialibus non derogant by saying that sub-section (1)(a) and sub-section (1a) did not operate together simultaneously over the escaped income of war years at any time either before the amendment by the finance act, 1956, or after and there was, therefore, no ..... notices were issued by the respendent on 31st january, 1962, and the question which, therefore, arises for consideration is whether after the amendment by the finance act, 1956, a notice can be issued under sub-section (1)(a) of section 34 for reopening an assessment for any of the assessment years covered by sub-section (1a) of section 34 when no notice for reopening such assessment was issued under sub-section (1a) of section 34 on or before 31st march, 1956. .....