Judgment Search Results Home > Cases Phrase: finance act 1987 section 91 amendment of section 42 Court: customs excise and service tax appellate tribunal cestat mumbai Page 5 of about 42 results (0.206 seconds)

Gupta Coal Field and Washeries Ltd. Vs. Commissioner of Service Tax, N ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... , advocate appeared before us and submitted that as per provisions of section 73(3) of the finance act, 1994, the show cause notice was not required to be issued ..... sides and perused the provisions of section 73(3) of the finance act, 1994 which are reproduced here as ..... the appellant are in appeal against the impugned order wherein penalty under section 76 and 77 of the finance act, 1994 has been confirmed against the appellant. 2. ..... notice was issued to appropriate the amount of service tax paid along with interest and invoking the provisions of section 76 and 77 of the finance act, 1994. ..... of such service tax, chargeable or erroneously refunded, on the basis of his own ascertainment thereof, or on the basis of tax ascertained by a central excise officer before service of notice on him under sub section (1) in respect of such service tax, and inform the central excise officer of such payment in writing, who, on receipt of such information shall not serve any notice under sub ..... type of activity is allowed, nobody will pay the service tax in time and they will get the shoulder of section 73(3) and no penalty will be imposed on the assessee. 5. ..... and service tax along with interest was appropriated and penalty under section 76 and 77 were also imposed on the appellant. ..... on perusal of the said provisions, we find that it is a mandate of the act that if any assessee does not pay service tax in time and does not file the return in time, but later on, on their own ascertainment they pay service .....

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

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... 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. ..... 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. ..... therefore, considering the prayer made before us, we find that it is a fit case for invoking the provisions of section 80 of the finance act, 1994. ..... ashok 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 first appellate authority dropped the penalty under section 78 and confirmed the adjudication order. .....

D.R. Gade Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... i find that the commissioner has totally overlooked the provision of section 80 of the finance act, 1994 which reads as under :- notwithstanding anything contained in the provisions of section 76, section 77, section 78 or section 79, no penalty shall be imposable on the assessee for any failure referred to in the said provisions, if the assessee proves that there was reasonable cause for the said failure.i also find that the appellant has ..... accordingly, i set aside the impugned order and restore the penalty amount under section 76 of the finance act, 1994 to the originally determined amount of rs. ..... 500/- under section 77 of the finance act, 1994.the impugned order has been passed by the jurisdictional commissioner revising the order of the original authority and enhancing the penalty of rs. ..... moreover, the appellant's case squarely falls under the provision of section 80 of the finance act, 1994. ..... 4,0007- under section 76 and a penalty of rs. ..... 4,000/- under section 76 to rs. .....

Maersk India Pvt. Ltd. Vs. Commissioner of Service Tax

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2007)8STR627

..... 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. ..... 25/- crores has been imposed under section 78 of the finance act, 1994.2. ..... 1,000/- has been imposed under section 77 of the finance act, 1994. ..... the interest at the rate of 13% on the service tax alleged to have been evaded has been imposed under section 76 of the finance act, 1994. ..... in compliance of the various provisions of companies act, 1956 and also the income-tax act the appellants are required to arrive at the profits for distribution as dividend. ..... can avail the benefit of the notification only if they do 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. .....

M/S. Thomas Baker (Chemicals) Pvt. Ltd. Vs. Commissioner of Central Ex ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... we find that provisions of rule 6 of cenvat credit rules and are amended retrospectively by finance act, 2010 whereby the proportionate reversal of credit in respect of the input used in the manufacture of exempted goods. ..... therefore, the conditions of rule 6 as amended by finance act, 2010 are satisfied. ..... further we find that the demand is made in view of the provisions of rule 6 of cenvat credit rules which was amended retrospectively by finance act, 2010. ..... applicant submitted that the provision of rule 6 of the cenvat credit rules has been amended retrospectively by the finance act, 2010. ..... in view of the above, the retrospective amended and in view of the fact that the applicant has already reversed the credit in respect of the input used in the manufacture of exempted goods the pre-deposit of remaining amount of duty, interest and penalty is waived. .....

Shri Shailesh D. Shah, D.A. Shah Vs. Cc

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2007)7STR470

..... the short issue involved in this case is whether an appeal against the order passed by the deputy commissioner can be filed under the provisions of section 84 of the finance act, 1994 which gives powers to the commissioner to call for the record of a proceeding under this chapter which has been taken by the central excise officer sub-ordinate to him and to make such inquiry or cause ..... cce, bhopal wherein it was held that under section 84 of chapter v of finance act appeal filed by the deputy commissioner and the order passed by the commissioner (appeals) on that, appeal is a nullity as there is no provision for review of order by the commissioner and directing the deputy commissioner to file appeal before the commissioner (appeals) under section 84 of chapter v of finance act, 1994.4. ..... i find that under section 84 of chapter v of finance act, there is no provision to review of the order passed by the commissioner and directing the deputy commissioner to file appeal before the commissioner (appeals) and as such the order passed by the commissioner (appeals) is a nullity. ..... it is the contention of the appellants that under the provisions of this section the commissioner himself has to pass the order if he thinks that the order passed by authority sub-ordinate to him was not proper and legal. ..... no order which is prejudicial to the assessee shall be passed under this section unless the assessee has been given an opportunity of being heard.3. .....

Futuristic Concepts Media Ltd. Vs. Ccex

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2007)(123)ECC69

..... it is a fact that rule 57cc did not have any recovery mechanism but by retrospective amendment under finance act, 2005, provisions were incorporated for recovery of the amount, which was due from the assessee by clause 82 and 83 of the finance act, 2005.the very same clauses were interpreted by the division bench in the case of bharat electronics ltd. ..... the prayer for setting aside the penalty and interest is acceptable in view of the explanation carved out in clause 82 of the finance act and in terms of judgment rendered in the case of chandrapur magnets and tuber investments of india ltd. ..... therefore, clause 82 of the finance act, 2005 was promulgated to recover the amount retrospectively. .....

Zee Telefilms Ltd. and Star India Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2006)(110)ECC582

..... finance act,2002 carried out a retrospective amendment effective from 16.07.2001 by amending the definition of broadcasting agency or organisation as under: section 65(15).. ..... ztl shall be paid a fee equal to 8.5% of the sum equivalent to the advertisement tariff otherwise payable by the advertisers calculated by reference to the appropriate rate card.2.3 extract of the relevant statutory provision of chapter v of finance act, 1994 relating to advertising agency service, as they exist, at the material time are: advertising agency" means, any commercial concern engaged in providing any service connected with the making, preparation, display or exhibition of advertisements and ..... (ii) section 80 of the finance act 1944 provides that notwithstanding anything containing in the penal provisions of section 76, section 77, section 78 and section 79 no penalty shall be imposable on the assessee for any failure referred to in the said provisions if the assessee proves that there was reasonable cause for the said ..... , recovery of interest is ordered under section 75 of the finance act, 1944. ..... /43/96-tru dated 31.10.1996 by board, issued simultaneously with the introduction of service tax on 'advertising agency' by finance act, 1996 explains the scope of advertising agency services as under: 8.... ..... cce reported at , held as under: we find that there are four issues involved in these appeals but that three hinge on this one question: was the show cause notice dated 27th august, 1987 beyond time?. .....

Board of Control for Cricket in Vs. Commissioner of Service Tax

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2007)11STJ39CESTAT(Mum.)bai

..... advertising agency" means any commercial concern engaged in providing any service connected with the making, preparation, display or exhibition of advertisements and includes an advertising consultant.the term "advertising" stands defined under clause 2 of section 65 of finance act, 1994 as under: advertising agency" includes any notice, circular, label, wrapper, document, hoarding or any other audio or visual representation made by means of light, sound, smoke or gas.5.1 the appellant's main contention is that bcci does ..... before proceeding to deal with the various arguments, we would like to reproduce the relevant sections of finance act, 1994, around which the entire dispute revolves.section 65(105)(e) defines the "taxable services" as any service provided to a client, by an any advertising agency in relation to advertisement, in any manner. ..... twenty two crores, thirty nine lakhs only) stands imposed under the provisions of section 78 of finance act, of rs. ..... whether the activities undertaken by bcci are contrary to the objects of memorandum of agreement or their registration under the tamilnadu registration act 1961 or their registration under section 12 of income tax act, 1961, as contended by learned advocate for the revenue, do not impress us in as much as we are only called upon to interpret the provisions of law relatable to the issue as to whether the various services, enumerated above, are covered by the .....

Kikabhai Enterprises Vs. Commissioner of C. Ex. and Cus.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2007)8STT488

..... thereafter a show cause notice dated 18-7-2003 was issued therein asking them as to why the service tax payable by them under section 73(a) should not be adjusted against the amount recovered, interest should not be recovered under section 75 and why penalty for contravention of the provisions of sections 68 and 70 of chapter v of the finance act, 1994 (32 of 1994) (hereinafter referred to as "the said act") should not be imposed under sections 76 and 77. ..... 29-7-05/1-8-05 was issued to the appellants under the provisions of sub-section (2) of section 84 of the finance act, 1994, the penalty amount of rs. ..... 100/- per day under the provisions of section 76 of the finance act, 1994 and having calculated at the rate for the period in dispute, which is found to be excessive in terms of service tax, restricted the same equal to service tax of rs. ..... , under sections 76, 77 and 75a of the finance act, respectively.4. ..... therefore, the authorities concerned booked a case under the provisions of relevant provisions under sections 68, 69, 70, 76, 77 and 75a of the finance act, 1994. ..... 100/- per day is mandatory in nature under section 76 and supports the impugned order passed by the learned commissioner.6. ..... ) and had failed to comply with the provisions of service tax act in filing the return and payment of tax. ..... further, the appellants did not get registration of their unit under the service tax act. .....