Judgment Search Results Home > Cases Phrase: finance act 1987 section 91 amendment of section 42 Court: karnataka Page 8 of about 1,105 results (0.082 seconds)

Commissioner of Service Tax, Service Tax Vs. M/S. Scott Wilson Kirkpat ...

Court : Karnataka

..... the reasons which led us to give a comprehensive meaning to the word assessment in section 13(i) of the finance act, 1950, operate equally with regard to the saving provisions under present consideration. 18. ..... to the dgst circular, the taxable services for which the payment is received in india in convertible foreign exchange is exempted from the whole of service tax under section 66 of the finance act, 1994. ..... the lower authorities have not followed the dgst circular according to which the taxable services for which the payment is received in india is convertible foreign exchange is exempted from the whole of service tax under section 66 of the finance act, 1994. ..... notwithstanding the same, in order to understand the meaning assigned to the word rate of duty by the parliament as per the aforesaid intended amendment, the same could be looked into in order to appreciate the phrase rate of duty used in sections 35g and 35l of the act which reads as under:- explanation: for the purposes of this sub-section, the determination of a rate of duty in relation to any goods or valuation of any goods for the purposes of assessment of duty includes the ..... in order to understand the word rate of duty and the dispute relating to that, it is useful to refer to the meaning assigned to the said word by the parliament by way of an explanation to sub-section (5) of section 35g by amendment act 29/1988. ..... the said amendment was intended to be brought into force from the date to be notified .....

Bharti Airtel Ltd. (Formerly Bharti Tele Ventures Ltd.) Rep. by Its He ...

Court : Karnataka

Reported in : (2009)22VST465(Karn); 2009(3)AIRKarR235(D.B)

..... he further submitted that though the activity of the appellant-company may also amount to 'taxable service' under the provisions of the finance act, 1994, the transactions of the appellant company with its subscribers constitute 'sale' of 'artificially created light energy' within the meaning of section 2(29) of kvat act and the providing of the infracture of ofc network is, only incidental to the said sale.49. ..... 'tax on services' and therefore the central government, holding the activity of the appellant company as 'service' to its subscribers in transmitting their data through its optic fibre cable network, has assessed it to 'service tax' under finance act 1994, and accordingly, it has been paying service tax in respect of the said service and hence the government of karnataka has no authority whatsoever to levy tax on the appellant company under kvat ..... of all the different kinds of composite transactions the drafters of the forty-sixth amendment chose three specific situations, a works contract, a hire-purchase contract and a catering contract to bring them within the fiction of a deemed sale. .....

Smt. L.V. Sankeshwar, Proprietrix, Vijayanand Travels and ors. Etc. Et ...

Court : Karnataka

Reported in : (2006)206CTR(Kar)274; 2006(112)ECC188; 2006LC188(Karnataka); 2006[4]STR257; [2007]6STT31

..... v of the finance act 1994 (as amended) relating to service tax on tour operators as they stood on the date of filing of writ petitions, which read thus:section 65(72) 'taxable service' means any service provided-(a) xxxxxx(n) to any person, by a tour operator in relation to a tour:section 65(76) 'tour' means a journey from one place to another irrespective of the distance between such places;section 65(77) 'tourist vehicle' has the meaning assigned to it in clause (43) of section 2 of the motor vehicles act, 1988 (59 of 1988)section 65(78): 'tour operator ..... section 65(78) of the finance act 1994 (as amended) has been revised to mean a tourist operator, any person engaged in the business of operating a tourist vehicle covered by a permit ..... all these writ petitions is levy of 'service tax' on tour operators, whose services are brought under the 'service tax' net by the finance act 1997 (by amending finance act 1994) which came into force with effect from 01.09.1997 vide notification no. ..... it is to be noted that 'service tax' is levied by introducing amendment to the finance act and the same is within the legislative competence of the parliament in exercise of residuary entry-97 of list i of vii ..... within the ambit of provisions of 'service tax' and he is liable to be levied service tax as he is indulging in rendering taxable service as defined under section 65(72) of the finance act. ..... in has upheld the validity of the expenditure tax act 1987 enacted under entry-97 of the union list. .....

M.S. Padmarajaiah, Senior Advocate Vs. the Secretary, Department of Fi ...

Court : Karnataka

Reported in : ILR2009KAR2437; [2009]183TAXMAN209(Kar); 2008(4)KCCR2801; 2008AIHC236(Kar)

..... (one of the specified savings under section 80-c of income tax act) with the 6th respondent section 80-c of the income tax act was amended by the finance act, 2005 increasing the permissible deduction from ..... learned counsel for the petitioner submitted that as per section 80-c of the income tax act as amended by the finance act 2005, the petitioner was entitled to deposit, a sum ..... keeping in view that the income tax act 1961 was amended by the finance act of 2005 permitting an individual to deposit to the ..... in the result, (be respondents 3 and 4 are directed to amend paragraph 3 of the p p f scheme, 1968, and increase the maximum limit of subscription in the p p f account as per the finance act, 2005, within three months from the date of receipt copy of ..... should have amended paragraph 3 of the ppf scheme, 1968 as per the finance act, 2005, ..... his ppf a/c, as per finance act, 2005, but in vain. ..... to take steps to amend clause 3 of the ppf scheme, 1968 in terms of section 80c of the i.t. ..... learned counsel for the respondents submitted that as per the p p f (second amendment) scheme 2002 and paragraph 3 (which came into force on 15.11.2002) an individual may subscribe to public provident fund any amount not ..... any of the specified schemes, the concerned authorities should have taken steps to amend paragraph 3 of the fpf scheme 1968 as amended earlier by increasing the subscription limit from rs. ..... act was amended ..... petitioner was deprived of making use of section 80-c of the income tax act and. .....

The Director of Income-tax Exemptions and Another Vs. Al-Ameen Charita ...

Court : Karnataka

..... of which has been claimed as an application of income under this section in any previous year, and (ii) where a trust or an institution has been granted registration under clause (b) of sub-section (1) of section 12aa or has obtained registration at any time under section 12a [as it stood before is amendment by the finance (no.2) act, 1996] and the said registration is in force for any previous year, then, nothing contained in section 10 [other than clause(1) and clause (23c) thereof] shall operate ..... on section 11(6) of the act inserted by the finance act no.2, act 14 with effect from 01.04.2015 to contend that the said amendment applies ..... section 11[6] inserted with effect from 1.4.2015 by finance act no.2/2014, reads as under: (6) in this section where any income is required to be applied or accumulated or set apart for application, then, for such purposes the income shall be determined without any deduction or allowance by way of depreciation or otherwise in respect of any asset, acquisition of which has been claimed as an application of income under this section in the ..... common substantial question of law that arises for our consideration is as under: whether the tribunal is correct in holding that depreciation is allowable under section 11 of the act, and there is no double claim of capital expenditure as held by the assessing officer and the principles enunciated by the apex court in ..... the bill seeks to amend section 11 of the income-tax act relating income from property .....

State of Karnataka Vs. B Govindraj Hegde,

Court : Karnataka

..... reference is extracted hereunder: 3 the relevant final notification published on 9.6.2014 is quoted in extenso for ready reference: finance secretariat notification no.fd14pes2013 bangalore, dated:09.06.2014 whereas the draft of the following rules further to amend the karnataka excise (sale of indian and foreign liquor) rules, 1968, was published as required by sub-section (1) of section 71 of the karnataka excise act, 1965 (karnataka act 21 of 1966) in notification no.fd14pes2013dated 20-01-2014 in part-iv-a of the karnataka gazette (extra ordinary) no.fd41dated 20-01-2014 ..... exercise of the powers conferred by section 71 of the karnataka excise act, 1965 (karnataka act 21 of 1966), the government of karnataka hereby makes the following rules, namely:- and whereas, objections and now, therefore, rules1 title and commencement:- (1) these rules may be called the karnataka excise (sale of indian and foreign liquor) (amendment) rules, 2014. ..... 106.before we embark upon the exercise to determine as to whether the impugned amendment act is ultra vires article 14 and 19(1)(g), it would be apposite to notice the well established principles for testing any legislation before it can be declared as ultra ..... the rules are framed in exercise of the power under section 71 of the act and rule 3 of the rules provides for various licences for vending of indian liquor or foreign liquor and such licences inter alia include retail shop, licences to the clubs, occasional licences, special licences, .....

Principal Additional Director General Vs. M/s Rajiv Gandhi University ...

Court : Karnataka

..... (c) this discussion assumes significance because of statutory policy enacted in finance act, 1994 as amended from time to time and the subordinate legislations promulgated thereunder which intended to keep a class of educational services / institutions ..... that clause (d) of section 96d of the finance act, 1994 itself is ..... the text of clause (l) of section 66d of the finance act, being supportive of this view, is reproduced: (i) services by way of- (i) pre-school education and education up to higher secondary school or equivalent; - 30 - wa no.856 of 2022 (ii) education as a part of a curriculum for obtaining a qualification recognized by ..... said acts do not admit the idea of consideration as employed in section 65b(44) of the finance act, 1994 ..... covered in the negative list enacted in section 66(1)d and section 65b(44) of finance act, 1994. ..... a life by m.v.kamath pages 74-75 - 33 - wa no.856 of 2022 (oa) "educational institution" means an institution providing services specified in clause (1) of section 66d of the finance act, 1994 (32 of 1994);]. ..... and research pertaining to health sciences; (xx) to establish and maintain university libraries, research station, museums and press and publication bureau; (xxi) to establish research posts and to appoint suitable persons to such posts; (d) section 5 r/w sections 45 & 46 inter alia provides for privileges, recognition and affiliation of all colleges and autonomous institutions of health sciences that were affiliated to conventional universities. .....

Sap India Private Limited Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : (2009)23VST276(Karn)

..... application, the nature of the activities and as to under what area they can be classified in the background of either the sales tax enactment of the state legislature or if there is an overlapping area, in the context of the provisions of the finance act, 1994, seeking to levy tax on service, are all matters which are to be essentially examined by the authorities in the first instance, that such matters are required to be gone through the hierarchy of the various authorities provided ..... that the assessing authorities have in effect subjected to tax the transaction which is more in the nature of a service transaction, that in respect of the very transaction the authorities under the finance act, 1994, have assessed the petitioners to service tax under the provisions of this act; that it is settled law, when once the particular activity is identified as a service activity, it is not an activity attracting the provisions of the state sales tax enactment, that there is no element ..... petitioners would definitely avail of, nevertheless some safeguards have to be provided in respect of the liability arising and foisted on them under the provisions of the state act and by the state authorities particularly as the petitioners are facing the unpleasant prospect of being taxed both by the central act, finance act of 1994 as the service provider and also being subjected to tax by the state sales tax authorities and when the liability can be under only one .....

sri.fatheraj Singhvi, Vs. Union of India

Court : Karnataka

..... in view of the reasons recorded by us hereinabove, when the amendment made under section 200a of the act which has come into effect on 1.6.2015 is held to be having prospective effect, no computation of fee for the demand or the intimation for the fee under section 234e could be made for the tds deducted for the respective ..... bhavan, sector-3, vaishali, ghaziabad, u p -201010 the commissioner of income tax (tds) room no.59, h m t bhavan, 4th floor, bellary road, ganganagar bengaluru -560032 the union of india represented by the secretary ministry of finance department of revenue9room no.128-a, north block, new delhi-110001 ..... advocate for sri.m.lava, advocate) 5 union of india rep by its secretary, ministry of finance, south block new delhi, new delhi-110 001. ..... advocate for sri.m.lava, advocate) and: union of india rep by its secretary, ministry of finance south block new delhi new delhi-110 001. ..... india rep by its secretary, ministry of finance, south block new delhi, new delhi ..... rep by its secretary ministry of finance south block new delhi new delhi- ..... . union of india ministry of finance south block new delhi-110 001 represented by its secretary2 central board of direct taxes department of revenue4h floor, jeevan deep building parliament street new delhi-110 001 ..... union of india ministry of finance south block new delhi-110 001 represented by its secretary2 central board of direct taxes department of revenue4h floor, jeevan deep building, parliament street new delhi-110 001 .....

The Director of Income Tax Exemptions Vs. Al-Ameen Charitable Fund Tru ...

Court : Karnataka

..... apart for application, then, for such purposes be determined without, any deduction or allowance by way of depreciation or otherwise in respect of any asset, acquisition of which has been claimed as an application of income under this section in any previous year, and income the shall 24 (ii) where a trust or an institution has been granted registration under clause (b) of sub-section (1) of section 12aa or has obtained registration at any time under section 12a [as it stood before is amendment by the finance (no.2) act, 1996] ..... on section 11(6) of the act inserted by the finance act no.2, act 14 with effect from 01.04.2015 to contend that the said amendment applies ..... effect from 1.4.2015 by finance act no.2/2014, reads as under: or set (6) apart in this section where any income is required to be applied or accumulated for application, then, for such purposes the income shall be determined without any deduction or allowance by way of depreciation or otherwise in respect of any asset, acquisition of which has been claimed as an application of income under this section in the same or ..... common substantial question of law that arises for our consideration is as under: whether the tribunal is correct in holding that depreciation is allowable under section 11 of the act, and there is no double claim of capital expenditure as held by the assessing officer and the principles enunciated by the apex court in ..... the bill seeks to amend section 11 of the income-tax act relating income from .....