Judgment Search Results Home > Cases Phrase: finance act 1992 section 102 amendment of schedule iii Page 1 of about 10,428 results (0.176 seconds)

Ags Entertainment Private Limited Vs. Union of India

Court : Chennai

..... is filed under article 226 of constitution of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 of the constitution of india declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii and article 14 of the constitution of india. ..... is filed under article 226 of constitution of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii and article 14 of the constitution of india. ..... transfer, otherwise than in pursuance of a contract of property in any goods for cash, deferred payment or other valuable consideration; (ii)a transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract; (iii)a delivery of goods on hire-purchase or any system of payment by instalments; (iv)a transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration; (v)a supply ..... measure of tax or the economic results cannot be the basis for deciding the vires of the impugned enactment.102. .....

G.V.Matheswaran Vs. the Union of India

Court : Chennai

..... are filed seeking to declare that (i) the impugned provisions, i.e.section 65(105)(zzzz) read with section 65(90-a) of the finance act, 1994, as amended by the finance act, 2010, as null and void and ultra vires and violative of entry 49, list-ii, seventh schedule, articles 14, 19 and 246(3) of the constitution of india, (ii) section 76(a)(6)(h) and section 77 of the finance act, 2010 as null and void and ultra vires the constitution of india insofar as the petitioners are concerned; and (iii) the notification no.24/2007 dated 22.05.2007 and circular 98/1/2008-st dated ..... 04.01.2008 as revived by the finance act, 2010, issued by the firs.respondent, as illegal .....

Commissioner of Income-tax, Kerala Vs. K. Srinivasan

Court : Supreme Court of India

Reported in : AIR1972SC491; [1972]83ITR346(SC); (1972)4SCC526; [1972]2SCR309

..... if that meaning is applied to section 2 of the finance act 1963 it would lead to the result that income tax and super tax were to be charged in four different ways or at four different rates which may be described as (i) the basic charge or rate (in part i of the first schedule); (ii) surcharge; (iii) special surcharge and (iv) additional surcharge calculated in the manner provided in the schedule. ..... section 2 of the finance act 1971 is to the effect that the provisions of section 2 and of the first schedule to the finance act 1970 shall apply in relation to income tax for the assessment year or as the case may be the financial year commencing on the first day of april 1971 as they apply in relation to income tax for the assessment year commencing on first day of april 1970 with certain modifications set out in the section. ..... the finance act of 1952 was a short document and section 2 thereof simply provided :the provisions of section 2 of and the first schedule to, the finance act 1951, shall apply in relation to income tax and super tax for the financial year 1952-53 as they apply in relation to income tax and super tax for the financial year 1951-52.... ..... there was no specific mention whatsoever of surcharge in section 2 nor was there any modification of the first schedule to the finance act of 1951 which contained the rates etc. .....

Kanoria Industries Ltd. Vs. Union of India (Uoi)

Court : Karnataka

Reported in : 2005(190)ELT295(Kar)

..... provisions of law or rule and therefore there was no occasion at all for the parliament to have enacted a validating levy and if there was no occasion, the very provisions of section 112 of the finance act, 2000 cannot be sustained inasmuch as it is the submission of learned counsel for the petitioners that there was no cause of action for the parliament to make such a law, ..... has been deprived of modvat credit to which the petitioners are otherwise entitled to in terms of the rules governing allowing of modvat credit, only because of the provisions of section 112 of the finance act, 2000, the petitioners are entitled to question the legality of this provision and further submits that even the supreme court while disposing of the review petition in the case ..... court had earlier dismissed the appeal of the revenue as against this order, nevertheless, the revenue having brought to the notice of the supreme court the provisions of section 112 of the finance act, 2000, which was enacted as a validating legislation and which had now virtually taken away any benefit or concession that had been given to an assessee under the ..... have continued to reap the benefit of modvat credit and the petitioner therefore feeling aggrieved by this endorsement as also the provision of section 112 of the finance act, 2000, has challenged the constitutional validity of this statutory provision and for quashing the consequential endorsement and further direction for restoration of the modvat credit entry.4. .....

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2007)288ITR226(Hyd.)

..... the rates specified in part i of the first schedule and also stipulates increase of income-tax by levy of surcharge, by making appropriate provisions in section 2(8) read with part iii of schedule a of the finance act and that section 2 of the finance act, 2000 also correspondingly stipulates that income-tax shall be charged at the rates specified in part i of first schedule.thus, he submitted that in view of the specific provisions found in section 2 of finance act, 1999 and in finance act, 2000, it is clear that the charge has been ..... to be applied is that which is in force in the assessment year, unless otherwise provided expressly or by necessary intendment.12.34 a reading of the note to clauses or the amendment to section 113 in the finance act, 2002, extracted above, does not give any indication that the legislation was introduced to explain an earlier finance act or clarify the real intention of the legislature or that the proviso was inserted to supply an obvious omission or to clear up doubts as to the levy of surcharge in question ..... is no distinct and independent charge whereby surcharge can be said to have been levied on undisclosed income determined for a block period under chapter xivb.12.72 even otherwise, we find that the finance act(s), prior to amendment in section 113 of the act, did not satisfy the four components which enter into the concept of tax and some of these components are not clearly and definitely ascertainable, in order to be treated as an .....

Karvy Consultants Limited Vs. Government of India

Court : Andhra Pradesh

Reported in : 2006[]STR75

..... clause, 'information technology service' means any service in relation to designing, developing or maintaining of computer software, or computerized data processing or system networking, or any other service primarily in relation to operation of computer systems.section 65(19), as amended by finance act, 2004 with effect from 10-9-2004, reads thus :-business auxiliary service' means any service in relation to :-(i) promotion or marketing or sale of goods produced or provided by or belonging to the client; or(ii) promotion or marketing ..... section 65(19) of the finance act of 2003 read thus :-section 65(19):business auxiliary service' means any service in relation to :-(i) promotion or marketing or sale of goods produced or provided by or belonging to the client; or(ii) promotion or marketing of service provided by the client; or(iii) any customer care service provided on behalf of the client; or(iv) any incidental or auxiliary support service such as billing, collection or recovery of cheques, accounts and ..... of service provided by the client; or(iii) any customer care service provided on behalf of the client; or(iv) procurement of goods or services, which are inputs for the client; or(v) production of goods on behalf of the client; or(vi) provision of service on behalf of the .....

State of West Bengal Vs. Calcutta Club Limited

Court : Supreme Court of India

..... in the result, these petitions are allowed and it is hereby declared that section 65(25a), section 65(105) (zzze) and section 66 of the finance (no.2) act, 1994 as incorporated/ amended by the finance 60 act, 2005 to the extent that the said provisions purport to levy service tax in respect of services purportedly provided by the petitioner club to its members, to be ultra vires. ..... - xxx xxx xxx (24) income includes- xxx xxx xxx (vii) the profits and gains of any business of insurance carried on by a mutual insurance company or by a co-operative society, computed in accordance with section 44 or any surplus taken to be such profits and gains by virtue of the provisions contained in the first schedule this has to be read with section 44 of the income tax act, 1961 which reads as under: 44. ..... with effect from 1st july, 2012, sections 65 and 65a were made inapplicable, and a new section 65b introduced, in which under section 65b(37), the term person was defined as follows: (37) person includes,- (i) an individual, 65 (ii) (iii) (iv) (v) (vi) (vii) a hindu undivided family, a company, a society, a limited liability partnership a firm, an association of persons or body of individuals, whether incorporated or not, (viii) government, (ix) (x) a local authority, or every artificial juridical person, not falling within any of the .....

Commissioner of Income-tax Vs. L.G. Balakrishnan

Court : Chennai

Reported in : [2002]255ITR339(Mad)

..... assessments in the absence of particulars furnished by the assessee 2. whether on the facts and in the circumstances of the case and having regard to the provisions of rule 9(5) of part iv of the first schedule to the finance act, 1979, the appellate tribunal was right in holding that there was neither an obligation on the assessee to return the net agricultural loss for the earlier years in the assessment of those years nor a ..... denied the benefit of set off provided for in rule 9 of part iv of the first schedule to the finance act, 1979, as long as the assessee is able to show that he had incurred loss from his agricultural activities in the earlier assessment years after a computation made in accordance with the requirements of the rules provided in the relevant finance acts and that such loss had not been set off against the agricultural income of earlier years ..... notwithstanding anything contained in that rule no loss, which has been determined by the income-tax officer, under the provisions of these rules, or the rules contained in part iv of the first schedule to the finance act, 1974 (20 of 1974), or of the first schedule to the finance act, 1975 (25 of 1975), or of the first schedule to the finance act, 1976 (66 of 1976), or of the first schedule to the finance (no ..... despite the absence of provisions similar to sections 80 and 139(3) with regard to the need for having the loss determined in the relevant assessment year before claiming the right of carry forward of the loss to .....

Commissioner of Income-tax Vs. Shri Rangnath Bangur and Shri Purshotta ...

Court : Rajasthan

Reported in : (1984)41CTR(Raj)21; [1984]149ITR487(Raj)

..... even without the proviso, the rate prescribed by the finance act of the previous year would have been applicable to the dividend income by virtue of the provisions of section 2(3)(a) of the relevant finance act; but the very same provisions have been added to para, 6a, in the form of a proviso and the same would make no difference to the interpretation of the main enacting part ..... the proviso, as mentioned above, merely makes the provisions of section 2(3)(a) of the finance act applicable in the calculation of rebate or concession relating to dividend income or ..... the obvious object of the concession provided by the taxation laws (extension to merged states and amendment) act of 1949 and by the part b states (taxation concessions) order, 1950, was to provide rebate to the assesses of the former indian states, in order to avoid hardship and anomalies and to remove difficulties that may arise on ..... ] 15 tc 266'now, the cardinal consideration in my judgment is that the income-tax is only one tax, a tax on the income of the person whom it is sought to assess, and that the different schedules are modes in which the statute directs this to be levied.'14. ..... in para, 3(iii) of the concessions order, the expression 'indian rate of tax' has been defined as the rate determined by dividing the amount of income-tax and super-tax payable in the taxable territories on the total income for the year in question, in accordance with the rates prescribed by the relevant finance act by the amount of such .....

Yfc Projects P.Ltd. Vs. Uoi

Court : Delhi

..... (vide notification no.15/2005, dated 07.06.2005) further amended clause (105) of section 65 of the finance act, 1994 to extend the scope of the taxable services , so as to include the service of construction of residential complex services under section 65 (105) (zzzh) and further defined construction of complex and residential complex under sub-clause (30a) and (91a) respectively of clause (105) of section 65 of the finance act, 1994. ..... and other similar services, in relation to building or civil structure; or (d) repair, alteration, renovation or restoration of, or similar services in relation to, building or civil structure, pipeline or conduit, which is (i) used, or to be used, primarily for; or (ii) occupied, or to be occupied, primarily with; or (iii) engaged, or to be engaged, primarily in, commerce or industry, or work intended for commerce or industry, but does not include such services provided in respect of roads, airports, railways, transport terminals, bridges, tunnels and dams. ..... the petitioners can be crystallized as under:(i) service tax levied from time to time by finance act, 1994 and subsequent amendments is in exercise of power under residual entry 97 of list i of the seventh schedule of the constitution of india. ..... an accepted position that, insofar as the sale/supply of materials is concerned, they fall under entry 54 of list ii of the seventh schedule to the constitution of india and, therefore, fall within the exclusive domain of the state legislature. .....