Judgment Search Results Home > Cases Phrase: finance act 1991 section 2 income tax Court: authority for advance rulings Page 1 of about 251 results (0.268 seconds)

Brown and Root Inc. Vs. Commissioner of Income-tax

Court : Authority for Advance Rulings

Reported in : (1999)237ITR156AAR

..... on a judgment of the andhra pradesh high court in cit v. visahhapatnam port trust [1983] 144 itr 146. reliance has also been placed on section 90(2) of the income-tax act, 1961, inserted by the finance (no, 2) act, 1991, which reads as under : "where the central government has entered into an agreement with the government of any country outside india under sub ..... -section (1) for granting relief of tax, or, as the case may be, avoidance of double taxation, then, in relation to the assessee to whom such agreement .....

In Re: Application No. P-16 of 1998

Court : Authority for Advance Rulings

Reported in : (1999)236ITR103AAR

..... which declared and distributed its dividends in india had to pay tax at a lower rate than a non-domestic company. this would be evident from the finance acts of 1991 and 1992.a foreign company which does not declare and distribute dividends in india will be a non-domestic company. but, if a foreign company declares and ..... an indian company and a company which had made prescribed arrangements for declaration and distribution of dividends in india were treated as one class of taxpayers in this section. sections 85b and 85c separately dealt with foreign companies.later on, a company which declared and distributed dividend in india and an indian company came to be compendiously ..... income-tax will have to be levied. the rate is provided by the annual finance act and is determined by the fiscal policy of the government.sub-section (2) of section 90 does not say that the agreement will override the provision of the finance act by which the rates of tax are fixed annually.60. moreover, if after the .....

In Re: Rashtriya Ispat Nigam Ltd.

Court : Authority for Advance Rulings

..... 3), 80j(3), 115j, 115j(1), 115j(2), 115jb, 115jb(2), 115jb(3), 119, 135j(2) and 245q(1); companies act, 1956 - sections 205, 205(1) and 205(2); companies (amendment) act, 1960; income tax rules; finance act, 1987 - section 43; electricity actsurana steels p. ltd. v. deputy cit [1999] 237 itr 777; suryalatha spinning mills ltd. v. union of india ..... cal 701, 713; desh bandhu gupta and co. v. delhi stock exchange association ltd. [1979] 4 scc 565; national thermal power corporation ltd. v. union of india [1991] 192 itr 187, 188; cit v.mother india refrigeration industries p. ltd. [1985] 155 itr 711 (sc); cit v. c.p. sarathy mudaliar 1. in this case ..... the applicant is a company registered under the companies act and being an undertaking of the government of india, is a public sector company. the applicant was registered during 1982 (assessment year 1982-83) and it commenced its commercial operations during the previous year 1990-91 (assessment year 1991-92). during the previous years 1990-91 to .....

Google Online India Private Ltd. Vs. Commissioner of Service Tax

Court : Authority for Advance Rulings

Reported in : (2006)200CTRAAR245

..... with display or exhibition of an advertisement or actually displays/exhibits an advertisement on an internet website.1. in this application under section 96c(1) of chapter va of finance act, 1994 (for short "the act"), the applicant - m/s. google online india private limited - is a wholly owned subsidiary of m/s. google international ..... , 2004 (164) elt 163; icici bank v. municipal corporation of greater bombay, classification section 65(105)(e) of the finance act 1994 (act) whether activity of providing space for advertisement on google website can be classified under any heads of taxable services enumerated in chapter v of the ..... agarwal, chartered accountants for deloitte haskins & sells for respondents/defendant: a.k. roy, joint cdr and bipin sapra, jt.commissioner finance act, 1994 - sections 65, 65(2), 65(3), 65(19), 65(105), 96c(1) and 96c(2); finance act, 2001 advertising club v. cbec, 2002 (121) taxman 287 : 2001 (131) elt 35 (mad); itpo v. cce .....

In Re: Hindustan Powerplus Ltd.

Court : Authority for Advance Rulings

Reported in : (2004)267ITR685AAR

..... sought on such a question.advance rulings--taxability of a residenteffect of retrospective amendment made by the finance act, 2003, with effect from 1-6-2000 to section 245n(a)(ii) after amendment of section 245n(a)(ii) by the finance act, 2003 retrospectively the taxability of a resident cannot be made subject matter of advance ruling.after ..... singh and k.d. gupta, members advance rulings--taxability of a residenteffect of retrospective amendment made by the finance act, 2003, with effect from 1-6-2000 to section 245n(a)(ii) after amendment of section 245n(a)(ii) by the finance act, 2003 retrospectively the taxability of a resident cannot be made subject matter of advance ruling.after amendment of ..... section 245n(a)(ii) by the finance act, 2003 retrospectively the taxability of a resident cannot be made subject matter of advance ruling.a comparison of the provision before the .....

Jason James Clemens Vs. Commissioner, Service Tax

Court : Authority for Advance Rulings

Reported in : (2005)(98)ECC395

..... the aforesaid circular will fall within the meaning of the word "notification" in clause (d) of sub-section (2) of section 96c of the finance act shall be considered at the time of hearing.3. sub-section (2) of section 96c of the finance act, 1994 reads as under : "the question on which the advance ruling is sought shall be ins respect of ..... on such amount, which prima-facie was not payable." 2. the jurisdiction of the authority to pronounce its advance ruling is circumscribed by sub-section (2) of section 96c of the finance act, 1994, in that the advance ruling can be sought only on questions of the kinds listed therein. only if the questions raised by the ..... stage of pronouncing an advance ruling not reached--application rejected.1. the prime point to ponder in the instant application for advance ruling under sub-section (1) of section 96c of the finance act, 1994, made by one mr. jason james clemens, a british national of foreign origin and "non-resident", is as to whether the questions .....

Harekrishna Developers (Through Vs. Commissioner of Service Tax

Court : Authority for Advance Rulings

..... tax. whether the activity of booking the residential units to be undertaken by the applicant is a taxable service liable to service tax under the provisions of section 65 (105) of the finance act, 1994? 23. it seems that the question as framed lacks in clarity. the question, if literally read, is confined to the first step of ' ..... to the salient features of the proposed activity as reflected in the draft agreement and the relevant provisions contained in chapter v of the finance act, 1994.7. section 66 which is the charging section ordains that the service tax shall be levied at the rate of 12% on the value of taxable services referred to in various sub ..... residential units in the complex will be sold to third parties. the following questions of law are framed by the applicant for seeking advance ruling under section 96-c of the finance act, 1994: 1. whether the activity of booking the residential units to be undertaken by the applicant is a taxable service liable to service tax under .....

In Re: Advance Ruling P. No. 10 of

Court : Authority for Advance Rulings

Reported in : (1997)224ITR473AAR

..... in the same status as the beneficiary, will be assessable as a "foreign company" attracting the provisions of section 112(c) or section 115a read with section 2(3) of the relevant finance act (set out later). section 112 and section 115a will then apply as if the investor company were the direct recipient of the cg from the investee and ..... effective curb on the proliferation of such trusts, and to reduce the scope for tax avoidance through such means, the finance act, 1970, has replaced section 164 of the income-tax act by a new section. under section 164 as so replaced, a 'representative assessee', who receives income for the benefit of more than one person whose shares ..... 1970 (see [1971] 79 itr (st.) 33)) as under (at page 46) : " private discretionary trusts.--under the provisions of section 164 of the income-tax act before the amendment made by the finance act, 1970, income of a trust in which the shares of the beneficiaries are indeterminate or unknown, is chargeable to tax as a single .....

Mcdonald'S India Pvt. Ltd. Vs. Commissioner, Central Excise

Court : Authority for Advance Rulings

Reported in : (2004)(93)ECC594

..... representative.4. to appreciate the question of maintainability of the application on the first ground, it will be useful to refer to certain provisions of the finance act. section 96d which deals with the procedure on receipt of application, inter alia, provides : "(2) the authority may, after examining the application and the ..... .n. chaturvedi and somnath pal, members for respondents/defendant: l. rajendran, assistant commissioner service-tax 1. in this application under section 96c of the finance act, 1994 (hereinafter referred to as the finance act), the applicant seeks an advance ruling from this authority on the question : "applicability of service tax on agreements executed for franchise ..... prior to the date of introduction of service tax i.e. 1st july, 2003," having regard to the provisions of sub-section (2) of section 96d of the finance act, we have perused the application, the comments received from the commissioner and having perused the technical note tentatively we are of the .....

Surbhi Industries Vs. Commissioner of Customs and

Court : Authority for Advance Rulings

Reported in : (2007)(208)ELT578AAR

..... . it is, therefore, not possible to accept the contention of mr. nankani that as sub-section (3) of section 136 of finance act, 2001, sub-section (3) of section 93 of finance (no. 2) act, 2004 and sub-section (3) of section 85 of finance act, 2005 specifically provide that the provisions of ce act and the rules made thereunder including those relating to refund, exemption from duties and imposition of penalty shall ..... are levied under the first schedule and the second schedule respectively of the tariff act. it has already been pointed out that the duties in dispute are levied under finance act, 2001, finance act, 2005 & finance (no. 2)act, 2004 respectively. a perusal of sub-section (1) of section 136 of finance act, 2001 which is the charging section shows that nccd is levied and collected for the purpose of the union .....