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Lake City Service Centre Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... his second line of attack was for the penalty imposed under section 76 & 75a of the finance act, 1994, for which he submits that c.b.e.c.circular dated 20.9.2004 grants immunity from the pending proceedings to those people who have not registered themselves but come forward and got registered and paid ..... in respect of penalty under section 76 and section 75a of the finance act, 1994 i find that the board vide its circular no.137/39/2004-cx.4 dated 20.9.2004 has directed field staff as follows: subject: extra ordinary tax payer friendly scheme for instant registration of ..... authority confirmed the demand and also imposed equivalent penalty under section 78 of the finance act, 1994 and penalties under section 76 & 75a. ..... they are eligible to claim the benefit extended under section 78 of the finance act, 1994. ..... appellant discharged their service tax liability and interest under section 75 along with 25% of the penalty imposed under section 78 and preferred an appeal with the appellate authority ..... for the appellant submits that the appellate authority should have at least considered the fact that the appellants have deposited 25% of the penalty imposed upon them as per provision of section 78 and at least should have waived the balance 75% of the penalty under section 78 and granted some relief to the appellants. ..... me appellants have discharged their penal obligation under section 78 to the tune of 25% of the penalty imposed the balance penalty under section 78 is not liable to be paid by .....

Ginni International Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2007)6STT491

..... after the retrospective amendment in finance act, 2003, the receiver of the services from g.t.o. ..... this insertion was necessitated as the provisions of sections 69 and 70 of finance act, 1994 applied only to service provider. ..... by inserting section 71a, the finance act, 2003 made the service receivers to file return to the authorities to ascertain the service tax liability. ..... it can be seen that till this retrospective amendment the payment of service tax under section 68 was to be made only by the service provider. ..... since the calculation of service tax liability would have been a bone of contention, the finance act, 2003, sought to insert a new section 71a to make the receiver of services of g.t.o. ..... 626/06-sm (br), dated 22-2-06 in the tribunal held as under: a plain reading of section 158 would reveal that provisions were inserted to section 68, in order to bring the category of receiver of the services of g.t.o. ..... it can be seen that by bringing this section 71a in the statute, the liability to discharge the service tax was extended up to 17-11-2003. ..... the said section 71a also granted time of six months from the date of assent of the bill by the president. ..... the finance bill, 2003 received the assent of the president on 16-05-2003. .....

Marine Engg. Services (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1990)34ITD77(Mad.)

..... coming to the treatment of the assessee as an industrial undertaking within the meaning of the finance act, we find that the definition of an industrial company is as follows:- (c) '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 processing of goods or in mining.the explanation to this section states that a company shall be deemed to be mainly engaged in the business of manufacture or processing of goods if the income attributable to such ..... a comparison of the wording of this section with those sections 80j and 80hh as well as the definition of 'industrial company' in the finance act shows that this section 32a does not incorporate the defintion of a factory as in 80j or provide for the bifurcation of the industrial undertaking in the case of a captive unit where the business of the assessee is a composite business. ..... consequently, the assessee has filed these three appeals claiming that it is entitled to investment allowance under section 32 a, deduction under section 80j and concessional rate of tax under the provisions of the finance act.5. ..... it may at once be stated that by an amendment introduced by the finance act, 1988 machinery installed for the purpose of repairs to ocean going vessels were also made eligible for investment allowance. .....

Bank of Credit and Commerce Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1991)37ITD293(Mum.)

..... this would mean that the finance act, 1976 has amended section 58 of the act to secure that the ceiling prescribed under section 44d will be applicable even in cases where income by way of royalties or technical service fees received under the approved agreements is charged to tax in the hands of a foreign company under the head "income from ..... it is necessary to mention all these amendments to point out that sections 44c, 44d and 58(3) were inserted in the act with effect from 1-6-1976 by the same finance act to govern and regulate the assessment of non-resident ..... is received under agreements before 1-4-1976, the deduction in respect of expenses incurred for earning such income is subjected to a ceiling of 20% of the gross amount.similarly, in section 57, a proviso was introduced by finance act, 1976, with effect from 1-6-1976 which excluded the operation of clauses (i) and (ii) of section 57 under which deductions are provided from income chargeable under the head "income from other sources". ..... with a view to getting over these difficulties, the finance act, 1976 has inserted a new section 44c in the income-tax act laying down certain ceiling limits for the deduction of head office expenses in computing the taxable profits in the case of ..... likewise, sub-section (3) was added to section 58 by the same finance act, 1976, with effect from 1-6-1976 which provided that the provisions of section 44d shall, so far as may be, apply in computing the income chargeable under the head "income .....

Coimbatore Insulation Tapes (P) Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (2003)84ITD459(Chennai)

..... the point for consideration is whether during the previous year the assessee qualified as an industrial company entitled to concessional rate of tax as provided in section 2(8)(c) of the finance act, 1976.according to the facts arising in this case, the assessee was previously carrying on the business of manufacture of rubber products.when there was the business the assessee was admittedly an industrial company entitled ..... the contention of the learned departmental representative that in order to claim the reduced rate of tax under section 2(8)(c) of the finance act, the assessee should be mainly engaged in the manufacture or processing of goods during the previous year. ..... 1,18,539 was deemed as profit of the business only for the purpose of section 41(2) and that legal fiction cannot be extended further; that was the main contention of the learned departmental representative.shri babu also drew our attention to the definition of industrial company appearing in section 2(8)(c) of the finance act, 1976, and submitted that for qualifying as an industrial company the assessee should be mainly engaged in the business of manufacture or processing of goods during the ..... aside the assessments with the direction to adopt the correct rate of tax as per section 2(8)(c) of the finance act, 1976 after giving the assessee a fresh opportunity of being heard.the ao then passed revised assessment orders levying tax at the rate of 65 per cent (with surcharge at 5 per cent) as applicable to a non- .....

National Agricultural Co-op. Vs. Joint Cit, Spl. Range 14

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)4SOT862(Delhi)

..... it is true that income by way of cash compensatory support became taxable retrospectively with effect from 1-4-1967, but that was by amendment of section 28 by the finance act of 1990 which amendment could not have been known before the finance act came into force. ..... since clause (iii)(b) was inserted in section 28, though having retrospective operation by the finance act, 1990, the assessee did not include this income in its return, which, as noted above, was filed on 29-12-1989.the assessing officer made prima facie adjustment under section 143(1)(a) of the act, by bringing to tax cash assistance received by the assessee against exports, in view of the retrospectively amended law. ..... clause (iii)(b) in section 28 was inserted by the finance act of 1990. ..... the above-mentioned amendment has been made with retrospective effect from 1-4-1968.aggrieved by the prima facie adjustment made by the assessing officer in the intimation under section 143(1)(a) of the act, the assessee filed an application under section 154 of the act dated 28-5-1999, in this application, the assessee submitted that the assessing officer cannot deny the claim for deduction under section 80p(2)(a)(iii) of the act without affording the assessee opportunity of being heard and ..... high court noticed that section 28 of the act was amended with retrospective effect from 1-4-1967 and observed that : "an assessee cannot be imputed with clairvoyance. .....

Bengal Rowing Club and Anr. Vs. Commissioner of Service Tax, Kolkata a ...

Court : Kolkata

..... advocate for the petitioners draws the attention of the court to sections 66 and 67 of the finance act, 1994 as amended by the finance act, 2008. ..... : - a members club seeks a declaration that a members club is not a club or association within the meaning of chapter-v of the finance act, 1994 as amended by the finance act, 2005 and is therefore, not liable to pay any service tax under such act. ..... circumstances, the firs.petitioner being a members club, it is not liable to pay the service tax under the finance act, 1994 as amended by the finance act, 2005. ..... as to whether a members club is liable to pay service tax under sections 65, 66 and 67 of the finance act, was considered by the jharkhand high court. ..... court has also taken a similar view as that of the jharkhand high court and has exempted a members club from purview of service tax after taking into consideration the relevant provisions of the finance act. ..... of the essential ingredients to attack service tax being consideration specified in section 67 being absent in a transaction between a member and its club, the provisions of section 67 or for that matter section 66 of the act are not attracted. ..... also draws the attention of the court to the explanation given to section 65(121) and submits that, the explanation also speaks of valuable consideration ..... the attention of the court to the definitions of club or association as appearing in section 65[25(a)].and taxable service at section 65 (105) particularly to clause (zzze) thereof. .....

Swapan Kumar Pal Vs. Oil and Natural Gas Corporation Ltd. and ors.

Court : Guwahati

..... , clause 10.2 of the nit dated february 22, 2002 has to be in consonance with the statutory provisions of the finance act which imposes limited liability upon the assessee to collect the service tax from the consumer and pay to the department.12. ..... , submitted that since the writ petitioner is an assessee under the finance act, 1994 being service provider, it is his liability to pay the service ..... a reading of various provisions of chapter v of the finance act, 1994 indicates that the assessee is the collecting agent of the service tax and it is the consumer who has to bear this ..... effective disposal of the writ petition it is also necessary to quote the relevant provisions of the finance act, 1994, which are as below:65. ..... say so because the work order dated november 3, 2006 is in consonance with the provisions of the finance act whereas clause 10.2 in the nit is apparently contrary to the act.15. ..... under the finance act, 1994, chapter v was inserted introducing the concept of 'service ..... any person, responsible for collecting the service tax, who fails to collect the tax in accordance with the provisions of sub-section (1) shall, notwithstanding such failure, be liable to pay the tax to the credit of the central government in accordance with the provisions of sub-section (2).7. ..... and recovery of service tax- (1) every stock-broker, the telegraph authority or the insurer who is providing taxable services to any person shall collect the service tax at the rate specified in section 66.(2) .... .....

ScIndia Steam Navigation Co. Ltd. Vs. Commissioner of Income Tax, Bomb ...

Court : Mumbai

Reported in : AIR1955Bom230; (1955)57BOMLR98; [1954]26ITR686(Bom)

..... only refer to the indian income-tax act, 1922, as it stood amended at the date of the indian finance act, 1939, and necessarily includes the alterations made by the amending act, which had already come into force ..... by sub-section (1) of section 6, indian finance act, 1939, income-tax for the year beginning on 1-4-1939, is directed to be charged at the rates specified ..... officer from assessing income under the amended section 34, indian income-tax act, the new section 34 came into force from 30-3-1948, and the income-tax officer was seeking to assess escaped income of the assessee for the years 1942-13, 1943-44 and 1944-45 and the contention of the assessee was that section 34 did not have retrospective effect and the provisions of the new section 34 did not apply to ..... the indian income-tax act was amended by an act of 1939 and the provisions of section 16(1)(c) were incorporated in the act, and by the provisions of this section the assessee was liable to be taxed in respect of the income received by his daughters from the, properties ..... finance act of 1946, sub-section (9) of section 11 makes-this provision:'for the purposes of this section and of the rates of tax imposed thereby, the expression 'total income' means total income as determined for the purposes of income-tax or super-tax, as the case may be, in accordance with the provisions of the indian income-tax act, 1922, and the expression 'earned income' has the meaning assigned to it in clause (6aa) of section 2 of that act. .....

Commissioner of Income Tax Vs. N.J. Pavri

Court : Mumbai

Reported in : (1999)153CTR(Bom)134

..... for the three years immediately preceding the year in which the gratuity is the paid, subject to a maximum of twenty-four thousand rupees or fifteen months salary so calculated, whichever is less; 'a bare reading of the above section as it stood before amendment by finance act, 1974, shows that gratuity payment to employees of the government, local authority or a statutory corporation was totally exempted from payment of income-tax whereas any other gratuity not exceeding 15 days' salary for each ..... looking to the 'object of the amendment, we do not find merit in the contention advanced on behalf' of the assessee that the finance act, 1974, cannot apply to gratuities received by the employees of statutory corporations prior to 1st april, 1975, in the matter of aggregation of tax exempt gratuities ..... 10(10) as amended by the finance act, 1974, consists of three sub- ..... 10(10) as amended by the finance act, 1974, consists of three sub-clauses ..... as it then stood, gave full exemption to gratuity received from statutory corporation, the finance act, 1974, which came into force on 1st april, 1975, cannot be read retrospectively. ..... as discussed hereinabove, prior to the finance act, 1974, gratuities received by the employees of statutory corporations fell within first part of the above quoted old ..... he further contended that the finance act of 1974 came into force only ..... 10(10) whereas under the finance act, 1974, such gratuities fall under the expression 'any other gratuity' referred to in sub .....